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10-20-09 Agenda Reg
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 20, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 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 ROLL CALL 2. INVOCATION 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 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. NONE 6. PROCLAMATIONS: A. Families Reading Together Month -November 2009 7. PRESENTATIONS: A. RESOLUTION NO. 57-09: Approve Resolution No. 57-09 Recognizing and commending Rene Gonzalez for 30 years of dedicated service to the City of Delray Beach. B. Presentation of the Submittals from the Chamber of Commerce Contest to Generate City Revenue. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 52-09 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/212 SEABREEZE AVENUE): Approve a tax exemption request for eligible improvements to 212 Seabreeze Avenue, and approve Resolution No. 52-09. B. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP): Approve a proposed settlement agreement with the Florida Department of Environmental Protection to accept the settlement offer resolving the incident of .Tune 2, 2009 involving the release of wastewater. Funding is available from 441-5161-536-64.90 (Water and Sewer Fund/Machinery/Equipment /Other Machinery/Equipment). C. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interlocal Agreement between the City and Palm Beach County to provide additional law enforcement services on the Intracoastal Waterway during manatee season. D• TRANSFER OF APPOINTMENT FOR LEGAL SERVICE/LEWIS, LONGMAN AND WALKER, P.A./FUMERO LAW GROUP, P.A./SOUTH FLORIDA WATER MANAGEMENT DISTRICT RULE CHALLENGES:Approve authorization to transfer the appointment of the firm of Lewis Longman & Walker, P.A., for legal services in conjunction with the South Florida Water Management District (SFWMD) proposal for permanent year round water restrictions, to the Fumero Law Groin, P.A E. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION:Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $87,058.00 for funding for the Police Department's Driving Under the Influence (D.U.L~ program. Funding is available from 001-2115-521-12.10 (General Fund/Regular Salaries). F. GRANT APPLICATION/FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): Provide authorization for submission of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $26,069.00 for the 2009 Fire Prevention and Safety Grant. G. GRANT AWARD/ARRA -ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG): Approve and accept the ARRA -Energy Efficiency & Conservation Block Grant (EECBG) award in the amount of $638,500.00 which will provide funding to support the installation of energy efficient retrofits (i.e.,~rogrammable thermostats, motion detectors and T-8 lighting and ballasts) within all City facilities, Pompev Park outdoor athletic field lighting, Fire Station #1 Solar Energy System and to fund a Sustainability Officer position for one year. H. RESOLUTION N0.56-09/BUDGET AMENDMENT: Approval of Resolution No. 56-09 amending Resolution No. 49-09 adopted September 22, 2009 which made appropriations for necessary expenditures of the City for the FY 2009/2010, by setting forth the anticipated revenues and expenditures for the operating funds of the City for the fiscal year 2009/2010. L AGREEMENT/GREEN MEADOWS HORSE & CARRIAGE: Approve an agreement between the City and Green Meadows Horse & Carriage to provide horse and carriage rides along Atlantic Avenue and N.E. 2"d Avenue as specified from November 17, 2009 through April 3, 2010; contingent on the receipt of a certificate of liability insurance. SPECIAL EVENT RE~UEST/RUN FOR MIRACLES/MILAGRO CENTER: Approve and endorse the 4th Annual Run for Miracles sponsored by the Milagro Center to be held on February 6, 2010 from 7:30 a.m. to approximately 10:30 a.m., grant a temporary use permit per LDR Section 2.4.60 for the closure of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and authorize staff support for traffic control, barricading and clean up, use of half of the small stage, and a waiver of parking meter fees for Sandowa~, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian Drive to A-1-A from 8:00 a.m. until approximately 11:00 a.m., contingent upon receipt of an executed hold harmless agreement. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 5, 2009 through October 16, 2009. L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment Co., Inc. in the amount of $99,255.00 for installing a 24- inch valve on the South Central Regional Wastewater Treatment Plant's (SCRWWTP) outfall pipe. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund/Other Improvements/Reclaim Water Transmission). 2. Purchase award to American Traffic Products & Service (ATPS) in the amount of $18,380.30 for aluminum sign blanks and galvanized posts as replacements for the City's sign shop. Funding is available from 001-3141-541-52.20 (General Fund/Operating Supplies/General Operational Supplies). 3. Purchase award to Carus Corporation in an estimated annual cost of $120,000.00 for Fiscal Year 2009-2010 for the purchase of Poly Phosphate at $1.42 per pound for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 4. Purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation projects. Funding is available from 442-5178-536-63.82 (Water and Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 5. Purchase award to Chemical Lime Company of Alabama, Inc. in the estimated amount of $720,000.00 for the purchase of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 6. Purchase award to Poolsure of South Florida in the estimated annual amount of $51,200.00 for the purchase and delivery of Sodium Hy_pochlorite. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 7. Purchase award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the period of November 2009 through September 30, 2010. Funding is available from 441-5122- 536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 8. Purchase award to Commercial Energy Specialist in the amount of $16,100.00 for briquettes (chlorine) for the Pompev Park Pool and Delray Swim Club. Funding is available from 001- 4135-572-52.21 (General Fund/Operating Supplies/Chemicals). REGULAR AGENDA: A. REQUEST FOR IN-LIEU PARKING SPACE/ATLANTIC ANTIQUE MALL: Consider a request from Atlantic Antique Mall, located at 506 East Atlantic Avenue for the purchase of three ~) in- lieu parking spaces at a cost of $46,800.00, to accommodate a conversion of use. (Quasi-Judicial Hearin B. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval of an Interlocal Agreement between the City and Palm Beach County regarding a grant of $1,000,000.00 for infrastructure in the City's right-of-way in the S.W.12th Avenue and S.W.10`h Street area. C. PROPOSAL FOR SETTLEMENT IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH, et al.: Consider a Proposal for Settlement in the amount of $35,000.00 in Robert Hauptfuhrer v. City of Delray Beach, et al. Staff recommends approval of the proposal for settlement. D. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING: Designate the voting delegate to the National League of Cities' Annual Business Meeting to be held in San Antonio, Texas on November 14, 2009. E. FUNDING CONTRIBUTION/PALM BEACH COUNTY/THE SCHOOL DISTRICT/PALM BEACH COUNTY LEAGUE OF CITIES: Consider a request from Palm Beach Count, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member for Zone 4 to the Neighborhood Advisory Council for an unexpired term ending .Tuly 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #~ G. APPOINTMENTS TO THE BUDGET REVIEW COMMITTEE: Appoint seven (7) regular and two ~) alternate members to the Budget Review Committee to serve terms ending .Tuly 31, 2010 and July 31, 2011. Based on the rotation system the appointments will be made by Commissioner Eliopoulos (Seat #1~, Commissioner Fetzer (Seat #2~, Commissioner Frankel (Seat #3~ Commissioner Gray (Seat #4~, Mayor McDuffie (Seat #5~, Commissioner Eliopoulos (Seat #1~ Commissioner Fetzer (Seat #2~, Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 15-09 (SECOND READING/SECOND PUBLIC HEARING): Consider anordinance providing for the acceptance of the resurvey report of Del-Ida Park Historic District including extension of the period of significance and reclassification of properties from non- contributing to contributing. B. ORDINANCE NO. 41-09 (SECOND READING/SECOND PUBLIC HEARING):Consider acity initiated amendment to the Land Development Regulations (LDR) Section 4.4.9(G~(3)(e)l.a, "Lot Coverage and Open Space", to allow the internal parking lot design landscape requirements to be credited towards the required 25% open space requirement within the Four Corners Overlay District. C. ORDINANCE NO. 43-09: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for an adjustment in residential, nonresidential, and irrigation rates for FY 2010. D. ORDINANCE N0.44-09: An ordinance amending Chapter 59, "Reclaimed Water", of the City Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to provide for a retail customer increasing block rate structure for reclaimed water. E. ORDINANCE NO. 50-09 (SECOND READING/SECOND PUBLIC HEARING):Consider acity initiated amendment to the Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", by enacting Subsection (LLLL~, "Medical Offices", to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A", to provide for definitions related to the regulation of medical offices. F. ORDINANCE N0.51-09: Consider a city initiated amendment to the Land Development Regulations (LDR) amending Section 2.4.3, "Submission Requirements", Subsection (K~, "Fees", to provide for the establishment of new fees and increases to certain existing fees. G.ORDINANCE NO. 52-09: Consideration an ordinance authorizing the creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. H. ORDINANCE NO. 53-09 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.7, "Signs", Subsection 4.6.7(H~(10~(b), "Sponsorship Signs",providing and clarifying related standards. L ORDINANCE NO. 56-09: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe", Subsection (A~, "Permit and Fees", to clarify the cost of sidewalk cafe permits and to enact a late renewal fee charge. J• ORDINANCE NO. 57-09: Consider a city-initiated amendment to Chapter 113, Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption, Exemption", to eliminate the current restriction for the consumption of alcohol on premises on Sunday morning 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B . City Attorney C. City Commission WHEREAS, the City of Delray Seach recognizes the power of family literacy and the importance of children and parents reading and learning together; and WHEREAS, family literacy activities throughout the year are beneficial to all ages and encourage life long learning opportunities; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of family literacy and ensure that all children and adults have a fair, equal, and significant opportunity to learn; and WHEREAS, The City of Delray Seach is proud to promote literacy in the month of November as part of the Countywide Families Reading Together program and in support of the Mayor's Literacy Partnership, entitled "Delray Seach.... Get Caught Reading", and WHEREAS, Delray Seach is a place where everyone is encouraged to read and literacy is a core value in the community. NOW, THEREFORE, I NELSON S. McDUFFIE, Mayor of the City of Delray Seach, Florida, on behalf of the City Commission and the Citizens of Delray Seach, do hereby proclaim November 2009 as: ~~1ra~ ~~a~1~ ~'amili~~ `I~,~adin~ ~'0~~~1~~r I~Ion~1~ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Seach, Florida, to be affixed this 20th day of October 2009. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: October 6, 2009 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 RESOLUTION 57-09 ITEM BEFORE COMMISSION Resolution 57-09 recognizing Rene Gonzales for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Rene Gonzales, Utility Mechanic in the Water/Sewer Division achieved this milestone on October 11, 2009. RESOLUTION NO. 57-09 A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COM1ViENDING RENE GONZALES FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Rene Gonzales was hired by the City of Delray Beach as a Tree Trimmer in the Parks Maintenance Department on October 11, 1979; and WHEREAS, after being promoted to Crew Leader I in September 1987 and then to Utility Mechanic in July 1991, he continued to serve the City in the Water Sewer Division of the Environmental Services Department; and WHEREAS, on October 11, 2009 he reached a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the City; and WHEREAS, Rene Gonzales has been a dedicated and professional employee whose work ethic is above reproach, who has approached his assignments with a positive attitude, always striving for improvement; and WHEREAS, we acknowledge that Rene's knowledge of mechanical equipment is an asset to the department and appreciate his willingness to go above and beyond to help his team members; and WHEREAS, the City of Delray Beach and the Environmental Services Department are honored to have Rene Gonzales as a valued member of the municipal team; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Rene Gonzales for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Rene Gonzales for his many years of service, and further wishes him the best of health and happiness as he continues his employment with the City of Delray Seach PASSED AND ADOPTED in regular session on this the 22nd day of October 2009. MAYOR ATTEST: CITY CLERK Res. No. 57-09 PRESENTED TO RENE GONZALES As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Parks and Recreation Department October 11, 2009 3 Res. No. 57-09 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 16, 2009 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 CHAMBER OF COMMERCE CONTEST TO GENERATE CITY REVENUE PRESENTATION ITEM BEFORE COMMISSION The item before Commission is a presentation of the submittals from the Chamber of Commerce Contest to generate City revenue. BACKGROUND Recently, the Greater Delray Beach Chamber of Commerce co-sponsored acity-wide contest to generate ideas for increasing City revenue, which was initiated by a $1,000.00 donation from long-time resident Robert Moore. Kimberly Camejo, the Chamber's Vice-Chair of Governmental Affairs, will provided a presentation to the Commission regarding the ideas submitted through the revenue contest. GREATER DELRAY BEACH CLsm6er of Commerce Revenue Contest Ideas from the Greater Delray Beach Chamber of Commerce Revenue Contest Decrease electricity use by turning off lighting By Bolivar Gomez In a time in which the economy is at its worst, we as a society must come together to come up with a solution to ultimately help save money and reduce spending. In my opinion, the city of Delray Beach can potentially save money by reducing the use of electricity, particularly light, in certain public areas that really do not require or need it at certain times, the primary example being in parks/recreation centers and the downtown center. Across Delray beach, multiple lights are being used in areas with close to no means of population or human life at certain times of the day, mostly that of street lights. These should be turned off at some point in the night and the city of Delray should set a time for this to occur. All that is required is for the city of Delray to somehow find and point out these locations.. Therefore, I believe a way to help Delray Beach save money is by reducing the use of electricity in certain areas at certain times. Tiered beach parking decals By Gabrielle Ortner I have been a proud resident of Delray Beach for 5 years, I have been purchasing a parking decal for that long. However, it amazes us most people are not aware you can buy a parking decal to park near the beach for $63/year instead of using coins. We constantly inform residents of this service.The City could post signs near the beach or run a campaign for residents and collect revenue in advance. In addition, the City could offer different decal levels. At $63/year we are limited to certain parking lots, we would gladly pay more to park at ANY lot or along A1A. Shore excursion location for cruise lines By Nancy Earley My son and I have thought about this a lot. We are avid travelers and believe that Delray is one of the most beautiful and unique cities in the world. We need more people to find out about it. I think we need to be one of the cities that cruise ships take their shore excursions to. Out of the port in Fort Lauderdale, there are currently excursions available to, Miami and/or the everglades, at the end of every cruise (before people go to the airport). Out of the Port of Canaveral passengers are taken to Disney which is more than a one hour trip. We are not more than an hour from Fort Lauderdale and we have some of the greatest shopping, restaurants, and boutiques in Florida. As an "All American City" I believe we have justification to support this effort. We have Old School Square and Crest Theatre, too. Morakami is not far and could be part of the same excursion. This would bring innumerable people that are on vacation and looking for shopping, culture, entertainment or good food into our town (to see the sights and spend their money). Electric car decals, with privileges By David E. Boone Delray Beach is known as the Village by the Sea. It is a destination city and receives much of its revenue from tourism. Of course, it is in direct competition with other venues in Florida and throughout the world. Accordingly, it is important for Delray Beach to continue with its efforts to distinguish itself from others. Currently, visitors are drawn to Delray Beach mainly due to its pristine beach. Other factors include the quirky flavor of Delray, with its history of writers and cartoonists calling this city home. The wonderful selection of restaurants and boutiques lining Atlantic Avenue give Delray's visitors a shopper's delight. But Delray Beach cannot simply rest on its laurels. It is imperative to continue improving the city so as to not become stagnant. My idea and suggestion to increase city revenue in Delray Beach is for Delray Beach to seek and achieve a "Green City" designation based on the Florida Green Building Coalition's (FGBC) Florida Green City Local Government Standard. "Green City" designation focuses on improving environmental performance through Energy, Water, Air, Land, Waste, and Community Awareness. St. Petersburg was designated as the first city in the state to become a "Green City" by the FGBC as a result of its renowned environmental initiatives. Much like St. Petersburg, Delray Beach has already implemented many projects and programs that will contribute to it becoming designated as a Green City such as an Ordinance (Section 101.36 (H)) prohibiting smoking on certain areas of the beach (yet to be implemented) and a reclaimed water project. But we must do more. Delray Beach should encourage its residents to use an alternative energy source for local travel. Specifically, we should reward residents for driving electric cars. Currently, many residents drive street legal golf carts within the village, mostly during the weekends. These folks are out shopping, visiting restaurants, and going to the beach. We will be seeing more types of electric cars in the next 24 months. According to a recent article in The Palm Beach Post, one industry-leader will be the Chevrolet Volt. Current predictions are that these vehicles will become 10 percent of the market in the near future. So what can we as a city do to encourage the use of electric vehicles? Sell an "electric car decal" to residents who drive an electric car which will give them certain "perks" such as the following: 1). Allow electric cars to "plug in" to the street lights while the drivers are shopping, enjoying dinner, or whatever, so that the car can be recharging. All street lights already have an electrical outlet at the base, so there will be no alterations necessary. The cost to fully recharge an electric car overnight is less than a dollar. The short duration a driver might plug in to a street light while shopping would be negligible. 2). Designate certain public parking spaces around town for electric vehicle parking only. 3). Allow electric vehicles to park free at all metered spaces, including those on A1A alongside the beach. By being designated as a Green City, Delray Beach will undoubtedly receive added publicity which will bring it to the attention of more people interested in finding the perfect vacation spot. Such a designation will also draw people to Delray who are interested in protecting the environment and favor cities that share their ideology. Additionally, the presence of electric cars will visually enhance the image of Delray Beach as a "cutting edge" and environmentally sensitive city. The enhanced revenue will result from the increase in tourism, the sale of electric car decals, possible tax credits, and environmental grants. Expand beach parking permit to downtown By Kevin Treusch 1 -City of Delray residents: Purchase an annual "Car Permit". I picture a system like they have in the city of Chicago. If you are a resident (own or rent), simply present proof of lease or primary residential ownership and for $75 a year you can receive a sticker that you place in the corner of your windshield. (see this website: http://www.chicityclerk.com/licenses/citystickers.html) The trick is to make the stickers look good so people with fancy cars won't feel bad about putting one in their window. There are more than enough artists who would love to submit ideas for the annual sticker design. 2 -Non Delray, but Florida Residents who like to visit Delray: Same deal, but charge $100 per year upon verification of a valid Florida driver's license. 3. For FAU students, Teachers, Firemen, etc.... maybe a $30 sticker price. That would entice them to come downtown more often. This sticker would allow you to park at any metered spot for free. Additionally there could be added green (or any color) painted parking areas throughout the downtown area that would be free "sticker" parking during downtown events only. Maybe the first level in the courthouse parking garage, areas along Federal, or in the Pineapple grove parking garage. Possibly contract with valet outfits to give reduced rates for residential sticker holders. The object of this is to make the day-to-day activities very convenient for residents but also entice people to visit more often. I understand that the resident card already exists, but let's face it, nobody carries that with them everywhere they go. Especially if you only attend one or two downtown events. The sticker is always with you. If you get 100 people who only attend 1 or 2 of the downtown events, that's an added $7,500 annually. Those 100 people would most likely park in a free area during those events, so you would make money. Even if they parked in pay spots, that's only $1,000. The idea of convenience is a powerful motivator..... All of my friends agree with this as well. But for us the beach parking is the biggest motivator. We love the beach but hate competing with the tourists for the good spots. And honestly I live 1 mile from the beach but walking with chairs/coolers is tough. I can guarantee that 10 of my friends and I will buy them....There's arecurring $750 right there. Hmmmm..... the possibilities. :) Sell lapel pins By Jonathan Hyman I am not a Delray Beach resident, but I saw the article in the Sun-Sentinel and wanted to offer an idea. I am a lapel pin supplier, so I think lapel pins, but this idea has worked in other large events as annual fundraisers. A lapel pin on a printed 2.5 x 2.5" card (with information about Delray Beach and backside maybe about a charity) can be sold all over Palm Beach/Broward County, probably will sell best in Delray area, but it affects the whole area. Pin package can sell for $5 which I recommend Delray Beach partner with a charity that will receive a portion, lets say $1 for argument sake, and $3 goes to Delray Beach, and $1 (rough numbers) or less is cost of product (will be a lot less, so more can go to charity/Delray Beach. If around 300,000 are sold, $1,000,000 is raised for Delray Beach, $300,000 or more for charity and everyone is happy. Pin can be used to activate sponsorships, such as lets say a company pays a portion of each pin, they can put their logo on the card, and when wearing the pin or bring the card in, they can save money at the store, hotel, restaurant, etc. Also, we can consecutively number the back of each pin 1/300,000 and the City of Delray Beach can have weekly drawings on their website for free items, parking, etc. The best part is, you can start with much smaller quantities, like 500 or 1000 at a time and if it becomes successful order a lot more. Partnering with a local charity will do 2 things, 1) It will allow for another good cause to receive portions of the proceeds, and 2) If will help get a free sales force to sell the pin. NASCAR does this event each year, with sales from 300,000 to 1,000,000 pins each year. http://foundation.nascar.com/NetCommunity/Page.aspx?pid=949&srcid=949 If you like the idea, I would love to talk further about developing this and becoming the lapel pin supplier for this event. Inscribed brick paver program By Stephen Greene My idea is to have a Brick Paver program. This can either run along the main streets of downtown Delray Beach, in a Garden that can be built somewhere downtown for all to see or if possible all around the Delray Tennis center. People love to see there names in public and to be a part of something. This can also include the names of businesses as well as private people to honor a loved one, for graduation, or just to have their family name inscribed somewhere. These can be located in key areas throughout downtown. It means far more than just a chance to see your name inscribed, it means you care about your community. Village by the Sea-Food Challenge and Festival By Kat Kadian-Baumeyer and Dennis Baumeyer A weekend long cooking challenge and seafood festival involving both local chefs and cooks as well as celebrity chefs competing against each other in three different venues The challenge requires that all cooks and chefs utilize only South Florida seafood and shellfish, vegetables and fruits. Local vendors will provide the products for use in the challenge. The festival would be a one day food festival along Atlantic Avenue Only food vendors including a Fresh Market, Prepared foods, Food novelties and other food related products. No art or crafts. Revenue Sources: Booth rentals for Festival Ticket sales to Festival Ticket sales to each Challenge Local hotels for those who travel to enter the Challenge Local restaurants and bars for those who attend the Challenge Local shops and stores for those who attend Festival and Challenge Parking fees for those who drive to the Challenge/Festival Taxi and car service for those who utilize this means of transportation This could be an annual event for the city. It will take careful planning and time to develop this Challenge from concept to an actual event. However, it would generate tourism for the area as well as the possibility of repeat visitors. Aggressive enforcement of traffic laws By Kirk Bryson Since Delray Beach is hurting for money and everyone is interested in reducing the ever growing list of traffic violators threatening our safety on the roadways, why not do something constructive to alleviate both these problems at the same time? Tickets for moving violations can produce an awful lot of revenue. No one will disagree that these transgressions are a daily occurrence. They include speeding, running red lights and stop signs, failure to signal, tailgating, etc. The list is endless. The city officials drive these same roads I do and consequently observe, first hand, the same dangerous behavior I, as well as other drivers experience daily. Therefore, I propose that a concerted effort be made to ticket those violators and then as stringent an effort be made to collect the fines generated by those tickets. And as for those arrogant enough to ignore the summonses, let's see, perhaps a lein could be placed on their "chariots", maybe confiscate them like the drug dealer's cars and sell them at auction producing even more revenue. Let's face it, BMW, Lexus, Mercedes, Jaguar, Range Rover, Hummer etc. would bring in big bucks. The drivers of many of these high end vehicles make up a large percentage of the violators on the roads. Something definitely needs to be done to curtail their utter disregard for the traffic laws. The roads are becoming increasingly dangerous day by day. In addition to their complete disregard for the existing traffic codes, we now must endure their cell phone use and text messaging while driving, thus compounding the danger on the roads. I don't care how great they think their multitasking skills are, this activity is sheer lunacy. Make no mistake about it, the conversation, itself, is the culprit here and age is irrelevant. It doesn't matter who or how old the driver, the distraction is the same. You cannot pay full attention to your driving while focusing on the conversation. Let's encourage the State Legislature to stop evading this important issue and enact laws forbidding cell phone use while driving as other states already have. And I mean both hands on and hands off use. Its implementation would guarantee an additional source of revenue as this is so popular a passtime, many drivers would not be able resist engaging in it regardless of any laws forbidding it. The legislature can't be so naive as to think it's safer to engage in this type of activity here in Florida than in other states. The money that would pour in would more than pay for the enforcement efforts and go a long way towards filing those empty coffers and at the same time possibly render our roads a little safer. Who knows, if pursued, it could turn out that the streets really are paved in gold. Unfortunately though, I don't seriously expect any aggressive attempt will be made to harvest these revenues I've outlined here but nonetheless, that's my proposal. Annual photography contest By Georgia Handy Once a year the City could host a Photography Contest. Now that we no longer are "home" to Fotofusion maybe we could still keep their spirit alive. This would be great for the Chamber, Historical Society, OSS or the City to host. 1) Pick location that could display winners. 2) Ask citizens to email or mail their entry to a "point person". Charge $5.00 or $10.00 (maybe more ?) 3) Have by age categories? or Subject categories? 4) Selected sub-winners will be contacted so that they can submit a "finished" photo of their print. Note: size of photos would need to be predetermined. ex: all photos no smaller then 8x10 or larger then 30x40 5) Judges pick grand prize winner for each age/catagory 6) Grand prize winners win a "weekend" examples: Cash, Cranes Beach House, Spa Weekend, Pedicure a week for year, Massage a month for year, restaurants Gift Cetificates....the list goes on. 7) To inspire photogs not only with the title, cash and/or prizes. They have the choice of offering their prints up for purchase. If the beginning of the contest is announced during the school year this would assist school kids to become involved. Such as Plumosa School of the Arts who can teach their kids how to use cameras and edit on the computers. Sub Winners would be contacted say in May so that their "finished" photo entry would be ready and sent back in before school lets out. Judging could take place and be on display during June. Possibly let citizens also vote. With the grand prize winner (s) being chosen the week before 4th of July. Photos could be displayed around town. Restaurants, bars, spas, maybe even one of the Art galleries could have a special "show" to view and have the prints for sale during 4th of July weekend! Other then a lot of elbow grease, advertising and organization, the City would not incur any huge expenses and would be able to include citizen participation and make a little money. Create play areas with recycled materials By Nathalie Joy Siegel Creating a welcoming venue to all family members via a sustainable, open air, recreational, safe area on the beach is what I propose. As a LEED accredited professional and as a graduate from The University of Michigan with a BS in Architecture, I comprehend how beneficial this proposed project would become in terms of improving and bringing the community together. My proposal specifically includes putting together an oversized, recycled material platform for chess and checkers, a volleyball net with two recycled construction posts, a hammock made of recycled fiber material, as well as an oversized chalkboard platform. Another idea would be to create a simple bench made out of recycled tires. Economically speaking, a minimal amount can be charged to obtain materials such as chalk. Volunteers can be hired to monitor this area as well as allow guests to have access to the giant game pieces. Since creating revenue is the goal of this project perhaps a used material constructed table can be temporarily placed and staffed by local volunteers who may be allowed to also promote their non profit groups via marketing or any type of promoting. An example for promoting this area can be random weekend ice cream events, contributed by local establishments in promoting the City as well as their business. My goal is to attract and build bridges of all ages in the Delray area via activities this area will allow for. Children as well as adults can not only feel comfortable spending a leisurely afternoon with other family members, but adults can also utilize its sustainable, respectful venue to create awareness for the beach in terms of nature and human interaction. Generating venue is one of my greatest concerns for our local establishments in order to promote and sustain the beauty of the area we all love and hope to preserve. This above mentioned proposal will also promote and encourage tourism and additional recreational opportunities. Economically speaking, if indeed we limit the amount of monies charged to enjoy this beautiful, fun area, I truly believe it will be an inviting area for people of all ages to enjoy year round. Walking Tours By Laura Reines Concept: Visitors and residents alike can experience fabulous Delray Beach as they stroll through the city's historic districts, beach neighborhoods, haunted locations, etc. Walking tours provide a personal interaction with our beautiful city and are eco-friendly as well! Health mindedness is a hot topic right now and this could be used as part of the marketing. Any segments that are too long for walking could be supplemented with Delray's Downtown Roundabout Shuttle. Tours should last 45 minutes to one hour. Implementation: Tours originate on-site in the general location of the planned walk. All marketing to be done on www.mydelraybeach.com, Palm Beach County CVB, News for Neighborhoods, and in city publication pieces. Tours can be led by a non-city independent contractor) guide that is paid a flat fee for each tour. Cancellation policies, etc. can be enforced for additional revenue. Overhead is very minimal. Net revenue: Comparable tours in other cities range from $10-20 per person. Maximum people allowed on a tour should be no more than 20 for ease of hearing the guide and movement of group between stops. Projected revenue for one-year: 3 Tours per week with 20 people each at $15 per head = $900 Minus tour guide's fee ($50/tour) _ ($150) 52 weeks in a year $750 x 52 ... Expected net revenue per year = $39,000 The more tours offered, the more revenue generated, etc. Retime Federal Hwy traffic lights instead of narrowing By Pete and Kathy Ottavio Rather than proceed with the Federal Hwy project, simply re-time the traffic lights such as to allow longer crossing times for pedestrians and set an all red delay time of 1-2 seconds at the most dangerous intersections along with cameras to photograph violators. In addition, install speed detectors with cameras to catch speeders along both north and southbound sides of Federal Hwy. This would probably cost one tenth of proposed $11+ million and in addition the revenue collected from fines would more than pay for the maintenance and possibly generate a profit. Retime traffic lights to improve traffic flow By Patricia Conlon It's not that this isn't a good idea, but how about the City rewarding its citizens by fixing stop lights so that when one is driving the speed limit on any given road, we don't hit every single red light? It happens on: Linton, Atlantic, Military, Jog and Congress. It wastes precious fuel -you know, resources that this silly "green" city made such a to-do about by encouraging people to turn off the lights last spring for what, 3 minutes? Instead, the cars idle. A lot. Everyday. Fines forjaywalkers By JW How about a small fine for pedestrians who jaywalk in an area 5 - 30 feet from a crosswalk. This appears to be a common habit in the area that continues to perplex me. Paperless Statements By Laura Reines Concept: According to the Utility Billing Customer Service Information document located on www.mydelraybeach.com, the City is, "responsible for servicing over 20,100 utility accounts in Delray Beach". Each account is currently mailed a paper statement (via the U.S. Postal service) which costs the city quite a bit of money in paper, printing and postage fees. Generating and sending these statements electronically would save tens of thousands of dollars per year, not to mention the positive environmental impact which would also be realized. Other Florida utility entities such as FPL have implemented electronic billing for this same reason. Implementation: The City of Delray Beach ALREADY has an on-line system where customers can track their utility accounts and pay their bills electronically. The City also already has the News for Neighborhoods news letter available on-line. The infrastructure is already in place!! To get the word out at no cost to the City, begin advertising the availability of receiving your utility bill electronically in future utility bill mailings and on-line at www.mydelraybeach.com. As customers begin opting in, they will receive their statements and News for Neighborhoods faster, which equates to the City receiving payments faster AND saving lots of money. Net revenue: Since I'm not sure how much the City spends on paper goods, printing and postage, these numbers are a conservative estimate. Projected revenue for one- year if only 50% of the customers opt in: 10,050 statements printed per month ($0.50 paper + color printing) _ $5,025 10,050 envelopes per month ($0.10 each) _ $1,005 Postage for 10,050 at reduced rate ($0.30 each) _ $3,015 Total monthly billing costs = $9,045 Expected net SAVINGS per year = $108,540 If 75% of the customers opt in, savings = $162,810 If 100% of the customers opt in, savings = $217,080 If the numbers are a little off you can quickly adjust the calculations. Based on past business experience in vendor pricing, my guess is these are pretty accurate. Even though this idea isn't revenue generating, keep in mind that additional revenue generated elsewhere will go farther when partnered with internal expense saving programs. Establish roadside ad zones, with fines for those who litter with advertising signage By Joseph F. Kamarata The small advertisement signs you see all around the city littering up the areas around intersections should be removed and a fine levied on them. A designated area type signs such as the Turnpike uses and pulls in monthly revenue These could be placed strategically in multiple areas of the city thus generating monthly revenue for the city. The better the location the higher the fee per sign. Multiple signs could be placed on the one advertisement board (same as the Turnpike). You will soon have a waiting list for this type of advertisement. Small directional and distance arrows below the sign guide the potential customer to the advertiser. Subject Matter Expert Forums By Laura Reines Concept: We are a smart, award-winning city that is the envy of many. Delray Beach can utilize the expert employees the City already has to create revenue by hosting a monthly forum series. These forums would be offered to other towns and cities by The City of Delray Beach - a community of subject matter experts (SME). Our city system is full of individuals who are very knowledgeable in their particular field of expertise. Examples include our City Manager, City Attorney, the award winning IT department, Director of Event Planning, Environmental Services, etc. Each department consists of one or more SMEs that can lead a forum in their area of expertise as individuals from all over the state, and possibly the country come to learn from us. Delray Beach already has the basic infrastructure in place for the SME Forum Series in the Residents Academy program. However, the SME series would be more in-depth and entail a collaborative environment where the counterparts from other towns and cities would meet to not only learn from us, but share their ideas as well. Each forum would be at least one day long, or more if the material is robust enough to support a multi-day program. Implementation: Invite other towns, cities and individuals from around the state and country to learn from us and brainstorm about how community life can be enhanced through collaboration between a city government and its citizens. Each forum would be on a particular area of expertise (i.e., Event Planning, City Management, City Web site). Participants would pay a flat fee to attend a forum. To keep administrative costs down Individuals would be on their own for meals Materials could be provided electronically at the end of the forum The City owns several outstanding locations where the SME Forums could take place with no venue rental fee: The Crest Theatre Police headquarters training room Fire rescue headquarters training room Environmental Services building conference room Old School square The only cost to the City would be advertising (Of course www.mydelraybeach.com and Twitter would be used at no cost) and administrative costs. Net revenue: A forum this valuable is a steal at $250 per person. And since individuals would be traveling in from out of town, additional revenue would be realized if participants stayed in local hotels (bed tax), ate at local restaurants, paid for parking, shopped in local shops, etc. Projected base revenue for one-year: 1 Forum at $250 per head, 50 attendees = $12,500 Minus basic administrative costs, light food & beverage = ($500) 1 Forum per month, 12 months in one year = $12,000 x 12 Expected net revenue per year = $144,000 This number is very fluid since a forum could attract more than 50 individuals and more than one forum could be offered per month. The SME forum series could really place Delray Beach on the cutting edge of community leadership. Rent Unique Meeting/Event Space By Laura Reines Concept: Meeting and event planners are always looking for venues that are different from the same tried and true hotel meeting room that will give attendees an exciting "experience". Delray Beach has several unique meeting venues that are not currently offered to the public for rental that can meet this need. Why not offer meeting space in our fire-rescue stations, police headquarters training room, the beautiful Environmental Services building, and other non-traditional city facilities as rental venues? Implementation: Easy -begin advertising the availability of unique venue rentals in News for Neighborhoods and on-line at www.mydelraybeach.com. There are outlets for large-scale advertising such as www.gatheringguide.com that can also be utilized. Venue reservations could be taken by the City's Meetings and Events department in cooperation with internal administrators at each venue. The onus for set-up would be on the party renting the venue, so no additional staff would be needed to manage this program. Net revenue: Keep the rental schedule simple. Offer space at $100 for the first four hours and $200 for a full day. Projected revenue for one year: (4) day meetings/events per week = $800 (4) %2 day meetings/events per week = $400 Total monthly rental income = $4,800 Expected net revenue per year = $57,600 Multiple ideas by Diane Soja 1) Reinstitute the evening concerts held in the Tennis Center. Several years back there was a very good series of concerts held there. Ray Charles, Judy Collins, Roberta Flack, Manhattan Transfer to name a few. Would bring in some revenue and help downtown businesses as well. 2) Downtown pancake breakfast, maybe in Veterans Park. Would be a fun way to raise some money. 3) Community bake sale. Maybe have various neighborhoods compete to see who raises the most money.Maybe in conjunction with Jazz on the Ave. 4) Raise the fee on overdue books. Small, but might help the library buy more books, and get the ones lent out back on time. 5) Charge a minimal fee for the Roundabout bus, at least 50-75 cents. Would help offset gas expenses. 6) Boat launch fee of a few dollars. 7) Dog park fee or permit. To cover the cost of the upkeep and the poop bags. 8) Parking permit to use the city wide parking garages. Maybe even beach parking. Use the Tennis Center for Concerts By Laura Reines Concept: The Delray Beach Tennis Center on Atlantic Avenue is the perfect venue for an evening concert -year round! The City could make the Center available to concert promoters who are looking for mid-size arenas to place tours, especially during the winter months when most of the country is off-limits for an outdoor concert. Several of the surrounding cities (Boca, Pompano) have outdoor amphitheatres that host some pretty well known performers and their accommodations aren't even as nice as ours. Implementation: List the Tennis Center as an available venue in concert industry publications such as Billboard and Pollstar. Also check these publications for concert promotion companies and send a letter of introduction to these companies listing all the Tennis Center has to offer. Other events that could bring in revenue: Professional speakers, comedians, graduations, etc. Net revenue: Stadium Rental Fee = $10,000 Parking revenue, based on 8,200 seats (2000 cars at $5 each) _ $10,000 Concessions = $5000 Expected net revenue per concert = $25,000 The more concerts booked, the more revenue generated, etc. Implement a shopping bag tax. Require all retail, wholesale, and other shops that sell merchandise to individual customers, groups, and other companies implement a system for collecting taxes on newly distributed plastic shopping bags of $.10 cents per plastic shopping bag distributed to the customer in any given order and $.05 cents per newly distributed paper shopping bag or sack given to the customer in any given order (pharmacy paper bags designed for and distributing prescriptive medicine or items are excluded, using those bags for non-prescriptive purchases, such as dry goods, food goods, or over the counter medication would be taxable). At least half of the revenue would be used for improving city recycling and recycling education. Customers bringing their own bags (paper, plastic, cardboard, cloth, metals, other) or carry cartons would not be charged for plastic shopping bags unless new plastic/paper shopping bags are used to wrap items in the customer's carry containers. SWAT, Police or Fire Rescue Experience By Laura Reines Concept: Private citizens experience what it is like to be a SWAT team member, police officer, or fire-rescue person for a day. Delray Beach can offer a program similar to the popular "race car driver" or "fighter pilot" experiences. The potential is endless -think of all the people who have dreamed of being on the SWAT team, chasing bad guys, or fighting fires just like in the movies. Now for a modest fee, they can! Implementation: Buy in from the different departments should be quite easy as this is an excellent way to show-off their equipment and it will also serve as a potential recruiting tool. Advertising can be done at no cost to the City on-line at www.mydelraybeach.com and in News for Neighborhoods. A program as creative as this may even attract the attention of the national news media. To keep the impact to the departments at a minimum, each area can offer one slot per week during normal working hours. Since individuals would be signing up fora "life in the day of" experience, no special accommodations should be needed. The day would be similar to what new recruits experience their first day on the job. Net revenue: It's awin-win situation for both parties: The individual is getting a chance to fulfill their dream and the City is getting paid to have people work for them. Experience for aday = $200 3 experiences (SWAT, Police, Fire-Rescue) per week = $600 52 weeks in a year ($600 x 52) -expected net revenue per year = $31,200 The more slots offered, the more revenue generated, etc. Once this program is successful, other cities may want to copy Delray Beach. A fee can be charged to train these cities how to run the program. Omit payment envelopes with utility bills By Steve Leveen Each month I get my water bill, which is paid by bank draft, yet the bill comes with an envelope to mail my check back to the city. I suggest you omit envelopes in those bills that are paid by electronic means. What's more, the city could ask electronic payers if they rather receive their statement and newsletter via email. I would. That would avoid printing and postage, too. Be a Leader in the Green Movement By Laura Reines Concept: Getting green is a very hot topic right now, especially with the current national administration's tax credits and incentives. People are hungry for proper education on eco-friendly practices such as reducing indoor air pollution, conserving energy, recycling, and making healthier choices that benefit their lives and our planet. Businesses that go green not only save money, but also improve the health of their employees by providing a cleaner environment for them to work in. Residents that go green realize long-term savings on energy and utility costs. Delray Beach can not only generate revenue, but also meet the needs of its constituents by offering green consulting services for citizen's homes and businesses. Implementation: Most likely there is someone or maybe several individuals on staff within the City of Delray Beach that are green minded or even certified green consultants that would love to run with this program. Using these employees, begin offering aone- on-one evaluation program to businesses and residents that provides suggestions on taking a green approach to daily life, thereby enabling them to operate more sustainably and profitably. Any program that produces short and long-term cost savings and is good for the environment will not only be embraced by our citizens, but will also make Delray Beach a leader in the state of Florida, if not the country. Net revenue: Evaluation fees would vary for residences and businesses, but for ease of calculation here is a sample of one year of one-time eco-evaluations for businesses and residences in the City: 2 business per week for one year at $500 each = $52,000 2 homes per week for one year at $250 each = $26,000 Expected net revenue per year = $78,000 These fees are extremely competitive when compared with private firms that offer eco- consultations. Anyone looking for a green evaluation and suggestions on improving their residence or business would be thrilled to have the City as a resource for better green living. A compliment to this program would be to provide green seminars in the Environmental Services building. These seminars would offer basic classes on going green and be a platform to sell in-depth green evaluations to individuals and business. Seminar fee is $50 per person, 50 people per session = $2,500 2 seminars offered per month = $5,000 Expected net revenue per year = $60,000 Mayor for a Day By Laura Reines Concept: Be the Mayor of Delray Beach for a day! This is a great concept because it allows individuals an opportunity to serve who would otherwise never have the chance to be our mayor. The mayors "office" would be auctioned off to the highest bidder, and if the first auction is successful, this could even become an annual event. Implementation: Set up an auction on Ebay allowing people to bid on one day of being the mayor of Delray Beach. The City's attorney would need to make sure the terms were in place to make the contest legal and of course the person would act as a figurehead and not be allowed to make any binding policy changes while "in office". To gain maximum exposure, the auction would not only be advertised on www.mydelraybeach.com and in News for Neighborhoods, but a press release would also be sent out to the major South Florida newspapers and the national media. This auction needs to be covered on news outlets such as the Today Show and Good Morning America, among others, to generate the interest necessary to raise a high dollar amount. Net revenue: The best thing about an auction is the sky is the limit. And a great benefit about this idea is there are no upfront costs involved. Ebay allows five free insertion fees every 30 days, regardless of the cost of the item and takes a commission only if the item sells. Set a reserve of $100 with bidding increments of at least $25 - $100 Listing fees ($0) Winning bid (I always think positive) _ $150,000 Less commission fees (Ebay charges 8.75% of the initial $25.00, plus 3.50% of the initial $25.01 - $1,000.00 plus 1.50% of the remaining closing value balance ($1,000.01 - closing value) _ ($259.81) Expected net revenue per year = $149,740.20 Multiple Ideas By Michael Williamson #1. Charge $5 per patron for "entertainment fee" to enter the establishment, regarding strip clubs. #2. Do as Las Vegas does and enforce "Dancers/strippers" to obtain a license, make it $50-$100 per year or so. #3. For panhandling, (beggars), who generally depress the area, and can cause a distraction, (a lot of the time they are at street corners, disturbing traffic), charge a $50 per month license fee. This would help clean up the trash that they leave behind at the curbs. At the same time, if they don't have the money, then you can fine them, and then it would discourage beggars. #4. Part of the "Master Plan" area, (along Atlantic Ave), you can encourage Doctors, Dentists, Plastic Surgeons, Attorneys, Brokerage Firms, Engineers, CPA's Housing Developers or even Gambling Casinos (Delray is in between 2 of the richest cities in the country, Boca Raton and West Palm Beach, I'm sure they want to gamble more often!) or certain business owners by giving them the option of waiving property tax or sales tax for the next 3-5 years or however long, which in turn you would gain the property tax or the sales tax. At the same time, it would help develop Atlantic Ave area quicker, which in turns still would generate growth, fees for building inspections, impact fees, other fees etc. for the city. At the same time the area is developing, it would encourage other professionals to buy the distressed properties around the area, and the ad valorem would be taxed on the newer properties in return. This will also encourage the developers on the west side of 95 of Atlantic Blvd to open the Market Square complex that should be open next year. #5. The city should buy land closer to the distressed section of Atlantic Blvd and SW 8th Ave., put a govt. building there, lease some of it out, this way a new project is developed close enough to Downtown, but far enough away to encourage investors to buy the land between to develop it. SWAT Fitness Training Video By Laura Reines Concept: Have our awesome SWAT team use the training they already do every day to create a fitness training video to sell to the public. To be a SWAT team member, one must be in excellent shape so this would be a very appealing training workout for the general public. The fitness training program could be called SWAT -Strengthen With Awesome Trainers and be sold in DVD and blue ray format. Implementation: There would be some up-front production costs for this, but since you already have the trainers and location in place, only a local production crew would need to be hired. For that South Florida impact, the video should be shot on our fabulous beach and timed to be released right after the new year when people want to get their bodies ready for swimsuit season. The fitness training video would of course be sold on www.mydelraybeach.com and advertised in News for Neighborhoods. Local merchants, City Hall, and the Police Station headquarters would carry copies, as well. To reach a wider customer base, a press release should be sent to the local and national media and the video would be sold on web sites such as www.amazon.com and in stores like Best Buy. A sure fire way to get national attention would be to get Oprah to mention the video on her show - the SWAT video would sell out in a matter of minutes! Net revenue: SWAT Training Video = $19.99 Production and duplication fees = ($15,000) 5,000 copies sold in one year = $99,950 Expected net revenue per year = $84,950 The more videos sold, the more revenue generated. This doesn't necessarily need to be limited to the SWAT team, either. The police and fire-rescue crews may want to get in on this as well. Offer shuttle service to the beach from the OSS garage, beach vendors By Michelle Renne' Tomaselli SUGGESTION 1: 1. Problem -not enough "beach" parking available. 2. PLENTY of parking at the new garage behind Old School Square. 3. Mostly empty "roundabout" service. I assume a "ticket" will be generated at the garage (or when the board the shuttle) and the amount due will be totaled when they return. I know many people who would like to go the beach and are disappointed (especially the children) when they get there and all of the parking places are all filled. SUGGESTION 2: Delray should issue permits for vendors on the beach (water, soda, ice cream) which could also bring in extra revenues. Many beachgoers would welcome the convenience Or, what about an occasional free-standing building along the A1A beach-side with vending machines for snacks, water, soda machines, etc. Be on a Top Ten List By Laura Reines Concept: Bring national awareness to Delray Beach as a destination city but making an appearance on one or some of the popular television shows that showcase destinations in a Top Ten format. We already are a destination city, and we have a high number of seasonal residents, but how popular are we on the national vacation scene? If Delray Beach is featured as having one of the top ten best beaches or best main streets or best restaurants in the country, tourists will flock here which will greatly increase revenue city wide. Implementation: Submit applications for any of the categories Delray Beach qualifies for to television networks such as The Travel Channel, The Learning Channel (TLC), Food Network, Discovery Channel, HGTV, etc. Networks are always looking for new places to feature and though Delray Beach isn't "new" it is vibrant, upbeat and constantly evolving as an undiscovered gem. There are also several new fabulous residential buildings that are ready to welcome home anyone who falls in love with the area. Our city will have no problem winning at least one top ten spot. Net revenue: To some it up in one word -endless. Revenue from tourism would be realized in hotel bed taxes, parking revenue, touring revenue (remember my walking tour idea?), museum entrance fees, etc. Local merchants would have an explosion of business which generates more sales tax revenue. In addition, the residential and business infrastructure is already in place to house multitudes of new individuals and business all that will pay money in taxes and utilities to the city. Special Event Parking Permits By Laura Reines Concept: Delray Beach hosts at least four very large special events each year that bring in thousands of attendees and their vehicles. I know from personal experience that parking is very difficult at the height of these events since space is at a premium in our downtown corridor and along A1A. An excellent way to generate additional revenue for our city as well as for businesses and residents is to allow said parties to purchase event parking permits from the City. These permits would let businesses and homeowners "sell" temporary parking space on their properties during special events. This is a win- win-win idea because it allows everyone to make some extra money and helps alleviate a parking problem. Implementation: Advertising for this new program would be on www.mydelraybeach.com and in News for Neighborhoods. Permits would be sold at City Hall in the permit office for $15 each prior to large events. These permits would be good for the day of the event only and not re-usable for subsequent events. Citizens and businesses must have a permit to charge individual cars to park on their private lots during events. I'm a proponent of the free enterprise system, so what individuals charge should be left up to them. Perhaps the City would set a minimum price so the parking garages wouldn't be undercut. Net revenue: The figures below are based on 500 permits being sold per each major special event, four major events in one year. Since the permit office is already in place, administrative fees would be negligible; only a simple form letter would need to be created. 500 permits sold at $15.00 each = $7500 per event 4 major special events in one year = $30,000 $200 fine for no permit (25 per event) _ $5,000 Expected net revenue per year = $35,000 There may be more than 4 events that generate parking hassles, which means additional revenue than what is projected above is possible from this program Multiple Ideas By Judy Katz 1. Rent space in available buildings (My temple is looking to rent space) 2. Establish a mentor or intern program for government experience and charge a fee to the participants. 3. Establish a small store where people can purchase surplus property. 4. Enroll in a barter program to exchange goods and services for needed ones. 5. Sell bricks for building entrances that citizens can purchase. 6. Have organizations Adopt-a -road or another project as a volunteer assignment. 7. Sell naming rights to a building. 8. Invest in money market or other safe accounts. 9. Use a parks employee and parks property to sell local produce. 10. Use a parks employee to provide day care at a cost for teachers work days. Destination Delray Beach By Laura Reines Concept: Delray Beach is a destination city that needs to capitalize on its fabulous offerings to bring visitors in. There is only so much revenue that can be generated off the full and part time residents that pay taxes, attend events, patron local businesses, etc. Establish the Delray Beach Convention and Visitors Bureau and launch a large campaign to attract convention and tourism business to the City. The more people that visit from outside the city, the more money that flows in. Delray does already have several entities in place -the CRA, DMC, DDA, and CofC -all whose missions are similar in promoting downtown development, growth and commerce. However, their focus seems to be internal and the lines between each are a bit blurred. What Delray Beach clearly does not have is a CVB to bring economic growth in from the outside. The economic downturn has about bottomed out and people will begin traveling again to attend conferences and take vacations. Delray Beach needs to be poised as an affordable alternative to larger cities to take advantage of the economic recovery. Implementation: Launch the Delray Beach Convention and Visitor's Bureau and get Delray Beach's name out on the national travel scene. There are several trade shows and travel conventions around the country that CVB's attend to attract convention and tourism business to their areas. Delray Beach should begin exhibiting at some of these shows rather than counting solely on the Palm Beach County CVB which has the entire county's interest in mind and doesn't bring much attention to Delray Beach. By packaging the hotels on Atlantic Avenue together with space at the Tennis arena, it would be possible to attract some smaller conventions that are looking for space outside of the big cities. Advertising for this new campaign should be on www.mydelraybeach.com, on travel Web sites, in travel magazines, via press releases and at national exhibitions that are aimed at attracting conventions. An e-brochure can be designed and sent to association meeting planners who are always looking for new cities to hold conferences in. There are numerous outlets for advertising at little or no cost -just get the word out there! Net revenue: There will be upfront costs associated with this, but the long-term results will cover these costs ten fold. CVB Start up + Advertising Campaign = ($100,000) Five conventions held in Delray Beach per year, generating $200,000 revenue each = $1,000,000 Increased tourism (hotel bed tax, parking, patronage, etc.) _ $100,000 Expected net revenue per year = $1,000,000 Use the beach for concerts By Laura Reines Concept: Delray Beach has an incredible venue for concerts -the beach! The City could make the beach available to concert promoters who are looking for innovative venues to place tours, especially during the winter months when most of the country is off-limits for an outdoor concert. What a fabulous and unique place to bring people together for a show. Implementation: List Delray Beach's beach as an available venue in concert industry publications such as Billboard and Pollstar. Also check these publications for concert promotion companies and send a letter to these companies detailing the great beach venue. Tour operators would set up exactly as if they were indoors, but seating would be open. Attendees could set up similar to how they do on the 4th of July, but the stage would most likely be placed on the north end of the beach, across from the Marriott. In addition to parking within walking distance, parking could be provided in the city's parking garages with shuttle service. The beach should not be offered as a venue during turtle nesting season, though, as the environment takes precedence over all else. Net revenue: Beach Rental Fee = $15,000 Parking revenue, based on 10,000 attendees (5000 cars at $5 each) _ $25,000 Concessions = $8,000 Crowd control (police/fire-rescue/Lifeguards on standby) _ ($2,000) Expected net revenue per concert = $46,000 The more concerts booked, the more revenue generated, etc. Fees for boat ramps By Lora Hurtak My suggestion for increasing revenue would be to initiate a charge for use of the boat ramps at Lake Ida Park. My husband and I feel that not only would this defer or at least cover a significant portion of the boat ramp upkeep costs, but also monetarily justify a more regular schedule of marine patrol presence on Lake Ida on the weekends and holidays. As everyone who lives on or with water access to Lake Ida, there is a tremendous amount of activity on this lake, particularly many speeding jet skiing idiots who race around the lake and especially up and down along the north side of the lake parallel to I- 95. Charging for use of the ramp will not only provide revenue, but may even help ward off some of those "young & crazy" speeders if they actually have to lay out some buckaroos to participate in their foolish and dangerous behavior. I seriously doubt any contentious jet skiers/boaters would even bat an eye at a reasonable ramp fee. Require permits for service vehicles in city limits By Philip F. Renaud The idea is to require the vehicles of all service providers working within the city of Delray Beach to be registered and stickered. One sticker on the rear bumper and one sticker on the front bumper. I feel that one of the easiest means of burglarizing a home or business is to park a service vehicle in the drive way. Who thinks twice when seeing a service vehicle parked in a neighbors driveway during the daytime? The process for registering and receiving the stickers would require a fee, thus generating additional city revenue. The registration process could be performed by volunteers, such as the "COP", so as not to require additional city paid staff. The stickers would show police and neighbors alike that the vehicle parked at a home or business is a legitimate service provider, thus reducing the potential for illegal activity. Create working/shoping/living /entertainment complex on Tennis Center site By Janet Kaplan Please find attached a rudimentary analysis showing that Delray can generate conservatively $2.7M (Million) in higher revenue/lower expenses annually plus a one time revenue gain of over $4M through the sale of the tennis stadium and courts. With the library/court house on one side of west Atlantic and the tennis courts on the other side, the extension of the active downtown area has been forestalled. Nobody wants to walk by dark, inactive areas at night. By creating a working/shopping/living/entertainment area in the 9 acres now occupied by the tennis stadium/courts the city would: - Get a one time cash inflow for the sale of the land (tax market value assumed-- which is probably way too low) of $4.4M. - Provide an opportunity cost to earn $0.2M in interest on the $4.4M additional cash annually--4% interest rate assumed. - Eliminate a loss on the stadium/courts of $2.1 M (budgeted revenue less expenses--I think). - Add significantly to the property tax base by turning tax exempt property into tax generating property, assuming: o It is a mixture of retail and commercial o Its property tax value is conservatively equal to that of the Atlantic Grove Condominiums on a per acre basis: • Appraised Market Value of $16.2M and an estimated 2.6 Acres • The tennis activities are now on an estimated 9.3 Acres. • A simple ratio of 9.3/2.6 on the $16.2M gives a tax market value once improved of $57.6M - At Delray's millage rate of .00685 that should provide $0.4M annually in additional property tax revenue. - Total additional annual revenue $0.2+$2.1+$0.4=$2.7M Other qualitative benefits which will offset the loss from eliminating the stadium events include providing: - Additional sales, utility, communication, occupational license etc tax revenue by extending the commercial area. - Additional employment. - The elimination of a huge obstacle to extending Delray's downtown west. - The opportunity to design something really unique that will enhance our ability to draw people to Delray for vacations, day and evening activities. This could be come a unique walking area, a small version of Boston's Faneuil Hall or Baltimore's Harbor area, like Mizner Park in Boca or City Center in WPB. It could combine residential, office, shopping and entertainment (e.g. movies or rock climbing, or even an above ground transport from here to the beach etc.) and become a destination in itself. - In coordination with the CRA, the missing link to spur the redevelopment of the entire west Atlantic corridor, thereby increasing the market value and property tax base of the entire area. We can start with 9 acres and... - The potential to secure US government grant money to fund a study. Promote Delray Beach as Kite Boarding Capitol of the East Coast By Laura Reines Concept: Delray Beach attracts people from all walks of life, including extreme sportsmen. On any given day, there are several kite boarders plying the gentle yet perfect waves off Delray Beach's coast. The conditions here are ideal for kite boarding so why not capitalize on this popular sport and make Delray Beach the east coast home to kite boarding? Our city is rich with diversity and becoming the kite boarding capitol of the east coast is one more way to showcase all that we have to offer. Implementation: Host a kite boarding championship that will be covered by the TV media (ESPNX, NBC, Sunshine Network, etc.). Begin a dialog with the kite boarding regulars that have become a fixture off the coast between Atlantic and Linton -they will know how to get the word out to their community. A press release should also be sent to Kite Boarding Magazine, kite boarding supply companies, ESPN and the other major networks that televise sporting events. The City's special events department already has the personnel and tools in place to host a major event. And, just like with the tennis matches, as competitors and spectators flock to the city for the championship, revenue will be generated. One of the best side benefits of this idea is free nationally televised press on the City of Delray Beach. Considering how expensive airtime is, this benefit is almost priceless! Net revenue Event permits = $2,000 Tourism (Bed tax, sales tax, etc.) _ $5,000 Parking revenue, based on 10,000 attendees (5000 cars at $5 each) _ $25,000 Concessions = $8,000 Crowd control (police/fire-rescue/Lifeguards on standby) _ ($2,000) Expected net revenue per event = $38,000 "Sponsor" doggie bag stations and other litter / etc opportunities around city By Leslie B. Horenburger While visiting Jupiter this weekend I noticed that their doggie bag stations were actually sponsored by individuals or companies. It appears that the costs of the supplies and the station are borne by these people who want to memorialize a pet or their love of pets. I am thinking that Delray Beach might be able to do the same thing and save the city the cost of the bags plus get some additional income for "sponsoring" the doggie bag station. As much as I hate to see more signs at the beach (i.e. on benches and in front of palm trees) this might at least help provide the city with more income. Citizen Litter Patrol By Laura Reines Concept: Delray Beach is proud of its beautiful beaches, streets, and green areas. Citizens and visitors alike are able to enjoy an enhanced quality lifestyle because of these offerings. It's always a shame when people litter in public places and to protect the City, fines should be levied on anyone caught disposing of garbage in an unlawful way (if they aren't already). Unfortunately, Delray Beach's police force has more pressing matters at hand than to constantly be monitoring public areas for litter offenders. In addition to the litter prevention program instituted in 2005, why not offer a financial incentive to Delray Beach residents to turn litter offenders in; a "crime stoppers" for litterbugs if you will. This creates awin-win-win situation -the City collects revenue from the fines, the citizen makes a little extra spending money and most importantly Delray Beach becomes one of the cleanest cities in the country! Implementation: Advertise this new program on www.mydelraybeach.com and in News for Neighborhoods. In order to report a fine and receive a percentage of the collected fine, individuals must be residents of Delray Beach and be 18 years or older. The financial incentive for reporting a litterbug should be set at 10% of the collected fine. People will be falling all over themselves to find litterbugs to turn in, which translates into a large increase in revenue for the City. Net revenue: I searched the City's Web site for the fine rate and wasn't able to find it, so I'm assuming a $100 fine per offense (that seems to be the going rate for most fines). If the rate is actually higher, maybe $250 per offense, then this projection will obviously be much higher. Projected revenue for one-year: 500 reported incidents in one year at $100 fine each = $50,000 Minus 10% financial incentive = ($5,000) Expected net revenue per year = $45,000 Boot cars with unpaid parking citations /Ads on dumpsters /Recycled ink cartridge drive By Blue Caniff DELRAY BEACH should incorporate a policy of booting every car tied to a parking citation that has not been paid and is over six months old. In order for the owner to have the boot removed the owner must pay all outstanding Delray Beach parking citations and associated fees. If the car, after being booted, remains on the same street or City parking lot location for seven days or more that car would be moved to an impound lot where fees for the towing and storage of the car would be incurred over and above the parking citations and booting fees. Washington D.C. and other cities have had success with this. DELRAY BEACH could begin to offer advertising slots on the sides of dumpsters. Not only will this help to generate income but could also benefit the city with beautification. DELRAY BEACH can also implement a recycled ink cartridge drive every month. The larger donors can benefit through incentives form local businesses. Reduce overtime costs from special events by outsourcing or paying personnel as if outsourced. By Dennis Kucmerowski The largest expense in Delray Beach is police and fire rescue which makes up 51 % of the budget for the City of Delray. A good portion of the monies required goes into pensions for life and overtime for police and fire rescue. Delray Beach hosts a large number of special events that require security and first aide support. Both police and fire rescue are sometimes being paid overtime (higher pay rate) to accommodate these events. This means the additional pay and overtime pay is being paid out and added to the salaries of these police and fire rescue providers. In turn, pension is being calculated using salaries plus overtime pay. The additional monies required for overtime and additional pension for life, adds up to a large amount of money being paid by the taxpayer and the City of Delray Beach. Due to the larger salaries, additional unnecessary monies are being paid in pensions for many years after each/all events have ended. Proposal 1: Private Security and First Aide for Delray Special Events. Hire off duty policemen and or other independent security for special events. Hire independent first aide providers for events. There will be no additional expense such as overtime paid or additional pension to secure an event. Not having the extra expense of overtime and additional funds for larger pension payouts for years to come, will save the City of Delray Beach a large amount of money for many years to come. Many events both public and private hire private security and first aide. This will also reduce or eliminate the number of police required for security at the events. Allocation of monies for event for security would be a fixed value with no overtime or pension impacts. This will provide a major cost savings to the taxpayers and City of Delray Beach. Proposal 2: Different Special Event Funding for Event Security for Police and First Aid With this proposal police and fire rescue/first aid would be provided by City of Delray Beach and would be paid out of a separate fund. The rate of compensation would be equivalent to the "base pay rate" of the officer or fire rescue personal and would not be counted as salary for that service person. Or, compensation would be equivalent to the rate that an independent company would be paid for security or first aid. Compensation would not count as salary for pension purposes. Implementation: Either of my two proposals can be implemented very easily. Proposal 1: The city would hire outside personnel. The amount of added pay or overtime pay to city employees for special events is reduced or eliminated. In turn, the pension calculation would be reduced; which eliminates the lifetime pension payouts associated with the special events that have ended many years prior. Proposal 2: The city would set up the separate funding account; policies would be changed to incorporate independent monies paid for event security (police) and first aide (fire rescue). Policy would indicate that compensation for special events would not be included in the salary or pension calculation. Savings: Eliminating overtime pay and additional pension for special events hosted by the City of Delray Beach, will reduce the amount of money the taxpayers and City of Delray Beach will pay for the each special event. Pensions will not include additional money for those events that happened many years prior to pensions being paid. Multiple ideas By Mike Williamson 1. ask for donations, so people can write them off on income taxes. 2. sell advertising space on city vehicles, especially large garbage trucks 3. changing garbage collection to biweekly. 4. Use two-officer patrol cars for police to cut fuel, most cars are one person units. 5. Reduce usage in lighting, water usage, and air conditioning in the city buildings. 6. Raise the garbage fees 7. Look at changing the garbage routes to create more "efficient routes", this will help save gas money and pay. 8. Send out fire engines and firetrucks with a minimum staff of three instead of four, because much of the overtime in the fire department is due to maintaining a staffing ratio of four fire personnel per rig. 9. Lease library space to vendors to set up coffee bars. This would bring revenue to the library and make the facility more inviting and popular like some of the popular bookstores are 10. Launch a voluntary furlough leave campaign. "It could be a competition to see which department could save the city the most money without impacting operation or service to the public" 11. Reduce the number of days a library is open Sell "Delray Beach" branded bottled water By Rodger R. Ribeiro My suggestion to create additional revenue for the City of Delray Beach is to bottle its city water and also market the city to the residents and worldwide vacationers. The bottle label could list the seasonal special events and any other pertinent city information. The bottles of water could be sold to vacationers going to our award winning beach and could be sold at local shops and grocery stores( Publix, Winn Dixie, etc.) in Delray Beach. The tap water in Delray Beach is excellent compared to other cities in Palm Beach County. Market Delray Beach to amulti-ethnic audience By Destiny Kinal The old maxim, "Florida is the state that the further north you go, the further south you get," must begin at an invisible Mason-Dixon line at Fort Lauderdale. I [believe I am qualified] to make a considered observation about Delray Beach: it's as fun as it could be because it's so white. Making the tent larger to include and attract more kinds of (okay, affluent) people is the obvious way to increase revenues in DRB. DRB exists is a sea of Asians, Hispanics of every stripe and African Americans. A specific invitation, by way of bilingual advertising, advertising in media targeted to affluent "minorities," visualizing people of color when advertising an event-- these techniques and more tell a person or couple of dusky skin, and perhaps bicultural persuasion, that they are welcome. More, music that appeals to all of us and yet is inspired by people from "minorities" also tells them they are welcome and inspires them to come and spend their money: Caribbean and Latin music and food will refresh your offerings for all of us. I saw an affluent black couple walking down the street last year at one of DRB's mega- events. They looked intimidated. I went to hear blues music in DRB last spring. (You can figure out where.) The only people in the bar who were not white were in the band and working in the kitchen. I had to wonder if I was in New Orleans, hip and integrated. Boring, for multicultural northerners and westerners like me. People who enjoy themselves, of any culture or any skin color, will come back to spend money in restaurants and perhaps buy a home or a second home. There it is. It has wide repercussions if you have enough open minded people on your boards to hear it and hear the truth in it and see the scope of it as a strategy. It's a slow moving strategy and so what?--it's going to take years to rebuild the South Florida economy. Create multinational Epcot-like city within the city By Mike Williamson Basically have an "Epcot" of a city, meaning this: designate blocks around the city certain culture areas, so you will have a Spanish block, Japanese Block, Russia, Germany, England, Canadian, Chinese, India, Swedish, Australian, and Brazil block. So this way, it brings tourism to the area, brings more culture, arts, different restaurants, clothing etc. and make it appear as Epcot, but not as obviously as large. This idea would be great in the area where its depressed, this will also beautify the area. You can work with businesses regarding the idea, and literally you could have a huge section that is different from every other American City. People go to Epcot because it's different, and you can walk around all day long and enjoy the different countries. You must ask yourself now how to do this? Would this generate income for us? I say yes. It just takes a matter of putting this idea on your website if you want, and have a contest on which countries to do this for. Start out with 3 or 4 blocks, and watch it grow. Increase utilization of Tennis Center By Deirdra J. Thomas The City of Delray Beach can definitely generate more revenue by fully utilizing the Delray Beach Tennis Center (located on Atlantic Avenue) for more than just tennis. This facility is a potential gold mind. Unfortunately, it sits vacant and unused for the most part except for a small amount of memberships and a few tournaments, held sparingly throughout the year. I'm not exactly sure how much of the tennis center the City controls, but I propose the following as avenues to generate revenue for the City. Implementation of these two ideas should not be an issue due to the existing structure and prime location: 1. A FLEA MARKET -Weekly weekend (Friday, Saturday, Sunday) Merchandise, Food, and Beverage vendors to showcase and sell their inventory. Revenue is generated through vendor booth rentals/percentage of profits. Possible Weekly Revenue - 50-60 spaces at $300-$500 ea./per day x 3 days - $750,000 Possible Monthly Revenue - $3,000,000 Possible Annual Revenue - $36,000,000 2. AN ENTERTAINMENT VENUE -Continuous bookings for popular Comedy Shows, Musical Groups, and Stage Plays. Revenue is generated through ticket sales and vendor booth rentals/percentage of profits. These amounts are adjustable and revenue from ticket sales would depend on the amount of available seating in the stadium and choice seating availability/pricing (seating costs could range from $75-$150 depending on the event), number of Events/Shows per month, and Vendor Rentals per Show/Event (vendor booth rentals could range from $300-$500 plus percentage of profits). Not only would these ideas create revenue but they would also bring more money to the City's local businesses as well with the increase of patrons supporting and attending the events. Parking would not be an issue with all of the new parking areas and garages within the City City Lottery /Community Garden plots By Jerry Weinberg A municipal lottery with the proceeds split between a handful of winners and the city. 2. Municipal gardens plots placed in several neighborhoods utilizing federal funds to purchase the land and charging moderate annual rentals based on size of plot. Provide document shredding service to public By Leonard Kaplan I am a homeowner who recently was looking for a place to shred my personal documents that were just a bit too big, (3 boxes) for a personal shedder. The problem of finding a shredding company set up for a small job at a reasonable price was impossible. If the city owns or can purchase a large capacity shedder, services can be offered to the public at reasonable prices. Demand would be outrageous; you would have an ongoing source of revenue and provide a real service. Dog Beach as revenue source By Harvey Starin The idea for a Dog Beach as a revenue producer offers the additional benefit of bringing noteworthy attention to Delray Beach as a forward thinking, all inclusive town where the "small town" atmosphere lives. My dog Max and I began an effort to bring attention to the need for a dog beach several months ago and have built a web site (www.delraydogbeach.com) to solicit input about the idea. So far we have well over 2,000 hits on the site and 140 people have left supportive comments on the Guest Book. In fact, NBC Channel 5 news reporter Jamie Holmes did a piece in the site and the need for a dog beach several months ago, and Sun Sentinel reporter David DiPino did an article on it at the same time. DiPino did a follow up in the Delray Forum "Spotlight" section 2 weeks ago. This issue has strong appeal across the entire community and beyond. With chamber support it could be a big positive news event for our town. On the site I have proposed as an example of how we might do this the plan used by Ft. Lauderdale at their prime beach ay A1A and Sunrise Blvd. It is similar to the plan proposed by Deb Sullivan. You can see the details on our site but, in essence, they allow dogs on this prime beach Friday through Sunday after 5PM for either an annual pass fee or a daily use fee. People come from all over Ft. Lauderdale, but it is just too far for people in Palm Beach county and our area to go. There is no issue over the fee, since people understand that it is a service. Every dog owner I know would be happy to pay it. So, it brings in some money (and certainly covers its own costs) PLUS it brings people to the beach and our downtown who may not have ever been here before. If only a small percentage of these return for entertainment or shopping, our town benefits, our residents benefit and our business community benefits. It looks like awin-win-win to me. Creative space /Art Cooperative for local artists By Kevin 'Kevro' Rouse Creative cities such as Austin, Boston, Seattle, Tampa, Alexandria, Chelsea... seem to explode when the word get out that they are where all the artsy stuff is taking place. Look at all the warehouse districts that are popping up where people can both live & work. And if you really want to be blown away, I know you do, check out artspaceusa.org! -America's leading nonprofit real estate developer for the arts. Anyway, back to this idea submission, it's time for creative locals to start capturing the value they drive in. Attract, Retain & Showcase the work of local artists & photographers who want to take an active role, after all, Delray's history is rooted in the arts. Running a gallery is expensive. A group of participants has a much better shot than an individual artist. Think of the City as a coach, the artists as the team. Create a City supported cooperative for local Artists & Photographers to exhibit & sell their work, housed in the empty retail space of OSS parking garage. Member artists pay X$ as an annual membership fee to City & must commit to working X shifts per month. The member artists pay the City X$ per month to rent gallery walls (fee dependent on size & location). When work is sold, 10% commission to shift 'staff', 70% to artist, and 20% to coop organization. Also offer private working artist studios from around 150 sq ft to 400 sq ft for reasonable rent. Prospective exhibiting members must return an application with X photographs. Setup a jury committee. All members must attend a monthly general board meeting to keep up on the cooperative gallery & the business of art. Special government considerations, tax-exempt status, grants, funding opportunities may be available. Local Optional Preservation Tax By Samuel Kaufman This proposal is one that I came across while visiting Crested Butte, Colorado, a town very much like Delray interested in preserving it's charm and character. All merchant's have the ability to participate voluntarily in a 1 % sales tax to be used to preserve the city in ways that contribute to it's success while maintaining it's current state. Each participating business displays a sign or similar stating their support for the goals of the program. The monies are used for such items as beautification, land acquisition, parks, bus service, parking, etc. The tax is automatically added to the check and collected similar to other taxes. It is not voluntary for the client just the business. I found the tax in effect in Crested Butte at most small local businesses like restaurants, clubs, local retail outlets, etc. Crested Butte does not allow large chains for the most part similar to downtown Delray. This shifts some of the tax burden off the local residents on to those who visit the area and use the facilities for their interest. Valet service for beach By Carla Lacher A Valet Service for the Beach - For a fee of $5.00 or $3.00, depending on how long people take to return, it would free up metered parking and could bring more people to the beaches at Delray and surrounding businesses. Increase fines for "following too close" By Glenn S Todd If there are going to be an increase of rear-end crashes because of the installation of the red light cameras at various intersections, then the individual who caused it should have the amount of the ticket be tripled for following too closely. The amount of a ticket for following too closely should be doubled. License fees to use Dog Beach By Paul E. Saunders Jr. I would be willing to pay for a beach license for my dog AND abide by any rules or schedule that the city deemed necessary. I'm sure that there are loads of other people that feel the same way. There has to be some sort of middle ground that can make the beach a place to go and play with your dog. These days, simple luxuries like this are a necessity. It would generate a steady source of income for the town and really make a LOT of people, and their dogs, so happy. It's a simple idea. The liability issues are always there but that's really a terrible excuse. I can promise a grassroots, groundswell of support behind such a new venue for our dogs. This would be a lot of fun to put together and if done right, it can be made SAFE. Concession stands on beach By Betsy Nash -Ring I believe that the best way to increase revenue for the City would be to provide concession stands on the beach. I was recently enjoying the fireworks and noticed how many people were buying water and other concessions. I do not know if this would be a viable option for the City. I did some research and many beaches in Florida do have concession stands for "beach-goers". I for one would be thrilled to be able to buy a bottle of water or a snack on the beach. Commemorative brick pavers By Karen Anspach Delray Beach might consider a memorial brick project, in which donors can purchase an engraved brick to be added to a walkway or plaza. Each brick commemorates or honor a particular person or event, etc. as specified by the donor. I've seen these in a number of cities -San Antonio comes to mind -and they always look both elegant and intriguing, adding the personal touch of the people who participate. A brick project enhances the area in which it is placed and adds interest, fun, and beauty. The bricks would be an attraction for both locals and tourists, who would want to leave their "mark" in our lovely town. Perhaps the Veteran's Park renovation project could incorporate memorial bricks, or the sidewalk along the ocean. Donors submit a form with the text to be engraved, and either pay a flat fee for the brick or possibly pay extra for the words or letters engraved on it. Flea market at the Green Market By Madeline Hincken I think it might have been in March that there was a Flea Market at the Green Market. That was so much fun. I bought so many things that I didn't need! Why not have an Atlantic Avenue and Green Market Gigantic Sidewalk Flea Market. Some of the stores have so much merchandise that they just want to get rid of (sell), and they don't know how to do it. They could set up tables right outside their stores. You would really be surprised at what people will buy. I'm a crafts instructor and I would buy paper products, buttons, fabric, lace, etc. (got the picture?). I'm sure the Chamber and Downtown Marketing have lots of promotional stuff to sell (old shirts, letterhead, envelopes, etc.). The Green Market could rent space again under the big tent. You could even send out an email to your list fora "wish list." People could respond with what they would want to buy, and you could distribute it to your members. There are so many times when I go to a garage sale or flea market and ask for something (yarn, paper) and the table owner says, "I have so much at home. I didn't think anyone would want it." Permit fees for large "Building for sale" signs By The Caruso Family Delray Beach, The Village By the Sea; sandy beaches, palm trees, sunny skies; the "Avenue," Old School Square, the Playhouse Theatre; and AVAILABLE FOR LEASE signage everywhere. Three 4" x 4" post, two sheets of plywood, lettering and voila; another building for lease. What a revelation. I've seen some of these signs up for years. How can our lovely town can be so focused on beautification and code enforcement, and at the same time allow these ugly, cheap, and potentially dangerous signs (in a hurricane) to be erected on so many commercial properties throughout the city. I would hope the Commission would ban this type of obnoxious, redundant, and depressing signage. Are not the permitted marquee signage that most properties maintain in accordance with city codes sufficient? If a ban is unreasonable, might the Commission consider requiring a permit to be affixed to the sign with a 90 day limit. A fee could be charged of $250 per permit. Four hundred permits could generate $100,000 for Delray Beach. Awin/win as I see it. If property owners don't like the fee, they take down the signs; if they are okay with the fee, the City generates revenues. MEND To: Nir. B. Woods Chamber of Commerce Delray Beach, FL. From. AI Haeberle 4700 Sherwood Forest Drive Delray Beach, FL. 33445 Subject: Revenue Contest Here is my suggestion for increasing Delray Beach's revenue. Create a fine for people who don't recycle and have roving inspectors randomly check garbage for compliance. This would not only reduce the amount of garbage that goes into the landfill {helping to extend the life ofthe landfill) but would also increase the amount of recyclables and the revenue derived thereof. These amounts are an intangible. A suggested fine could be $15 for the first infraction, $25 for the second, and $50 for the 3"' and subsequent infractions. The fines would not only act as a deterrent but would also be used to pay for the inspectors, their transportation, and administrative costs. Assuming there are 32,000 households (check demographics) and 20% don't recycle, and 5% of them are caught on a regular basis, that would provide a revenue of 32,000 x .2 x .05 = 320 x $15 = $4$00 2x/week = $9600/v~rk = $499,200/yr. (W®W) So let's say we're off by 30%, it's still 499,200 x .7 = $349,440/yr. That should be more than enough to pay for all the expenses incurred in doing it and still leave a tidy sum. And the big advantage is it would make Delray Beach CREEiVER, today's big buzzword while providing all the other plusses. FROP~I ~ FAhIT I Fay:; ~~~-C3 FAQ N0. :561 732 8733 Jun, 23 2009 12:38AP1 P1 e~~~ cc~s~ t~~ ~~~, ar r~9 snaz~l~' ~ypre~~ Ge'eek ~ ! 30 Pala ~I~rde I~r-iae ~oyrt~on Beach, ~L 3343 Qhane~ax: 5b~ &ECLJ~~t3 (732-8733} Cell phony: 307-x$33 E~`iA1L: kFaneiati~glob~l.n~ ~~b j~c°~°: S~~g~~fii~ra~ fir Pr~p~~~d ~c~s~ ~avi~gs ~~sxs~a~°~s a~~ pviici~s to F~.i fi~a~ ~a ~~ ~+~l~ay ~~~~ r~d~aa~e heir c#fiai~ ~~; , ~a61 ~a ~° p~i~~ic ~~;" u~g~i~~s firs i~°a~~°~~s r'v~ra~~ fps hip r~d~c~ ~~~i~if ~ did ~~~s~. re~~~~~~ ~~~rdc~y a~~ ~~~ ~€p ~9~~ ~~+~ ct°~t'~e~~d ~,~ p~~~~ a~ s~~~~~i~ ~~~ cv~`~ ~avi~~ tn~ass~r~~, p~ll~de~ aid w~y~ ~ i~~aise r°~ve~~~_ [ .3f ~Y :ems k~~a~~rt-A~~ F~~#i FROt1 : FANTI ciT~ 1aDtv3iiVi'fi"TIt:3f~1~9A`lC?~'~ t7F"1=iG~ Cc~si savi~g~ ~eastJres *~' _ _' 1 } Placing labor contracts, bz?nefri~ and policies an{ine for enzplayeas, comparables and the public. Gast savings include papeel copying supplies, stamp: o ~,,~,,, • , r]~~ ~'---~ and tabor posts for both internal and external dispersing. In addition this process Insures that staff are using, or following updated infors~tation. 27 A variety of fon'ns and links for benefitf related purposes should also be placed on@ne, therefore, incr+~asing the ®f-Ficiency In the deliver,/ process of these farms. 3) lnteenet applicion~ -post s;~vings of printinr,~ casts far applieataons, jvb announcement related-printing information, postage and lobar cos#9, Add a spot for [®mail addresses to applications; as well as, reducing paper postage and Tabor oosfis when contacting applicants to update them on the recruitment process. 4) ,4r! tracking _ ad tracking allows to minimize ~dvartasing costs by sRoing where applicants notice recruitment notice. i~#e4vspapers arc no longer an efieotiv® advertising fool. Idaw3papers are also the mast expensive way to advertise, 5} Gon~munieation via e-mail rather than using the U6 rrtaa{. 6} Update city node jn-house, With the development of the city cads prortrarn by IT. c) tJse financial sofMrare to keep vacation/sick leave records. This 15 a one Time setup Versus Uso of excel YdarJfsheef that had d#o lee updated marsua{(y each year. Potential Ft9ttrre s,aving~ 1) A, computer an the adminis#rative lobby would allow the City to require all epptieations be submitted and stored alectranicaJly, This +ldoutd reduce paper printing and storage. Applications would be'reviewed online. only applieat{ens of those being intervlevaed would be printed. Storage of online applicatian5would a11aw easy access and would not require room, printing costs and shredding costs. 2} h#utnan resource so#tware (add an product to the flr,anciai sattware). This could reduce personnel related paper. Examples of paper reduction include annual performanfe reviews, disciplinary actions, gayrall changes, noes to fie, educational achiav®rnents and le#ters of suppo~ or encaclragement. Dooumen#s could k~e created and saved or scarynad into the system and emptoyeeswould have an eieafranic ~r€rsanal rile, do addition this weuid decrease Copies of the same information flint departments need acc:ass tn. With this software supervisors could review tine employee's eleotranif file rig#tt from Choir computer. 8erte9its related changes that typically require paperwork coul+.i also he completed online, submitted online and saved ih their electronic personnel file further reducing stamps, paper andlor faxing costs. FAX N0. :551 732 8733 Jun. 23 2OOi9 12:38Rf°1 P2 t~ ~t~l ~~~ li of 0r ~ ~ ~ ~~~~ dfs~9~ ~Kaar~err~Ana~ ~. F~k,i'i ~~r°~I~ai/~.nalysi° ffi Instal{ setbackthermastats in ail City buildings tc reduce energy costs City C12=a4E cn~t ~avirtg l+~easui'es 1. Crc--ate a file for Ordinances and Resolutions that have been approved in Wi~RD sa that other o~ces could access them amine inst~d oleo{ng through a btrnier. 2. Csty Director, should be online instead of printed an paper. Sages on printing dpi{ors and the City Directory always has the most updated information. ~. ;~eadas to be run on plain white pager. Saves an fh~ Cast of stationery. .4. Licensing S^f€vvare, Software will save man-hours. Licenses were hand written. Afl inforrnatirsn should b~ stored an the computer and if persons coma s'n to ren$w, just have to verify the information an the cpmpUter and then print out their now license. ~. ~p the lights turrt~t off in the rooms that arc not being used all thv tune which saves on e#ectricity (supply roam, mail room etc.} 6. City #iali Hgurs of operation reduced to ptlbilo access. The employees could still work their Normal hours but with all the constant interruptions from the public It is very harry to gat the work done, Sancti there is a hiring frr~eze and the work{cad continues to increase if they had a couple of hours during the day with na interruptions they could t~et so much more accomplished. Set the hours from i3:OO am to 3:00 p. m., or 9:Ot? am to 4:00 p.m._ Any little bit would help, Any time an hourly employee works rnor~s than 40 hours in s week it costs the Gity overtime attd comp tirrae. Jay Chang#ng the hours of operation that City Hall is open to the pu;33ic, at could help reduce overtime andlor eorrtp time charges. ~irratace Cost Savings Prt~je~ts ~d ~teast~re~ 1. Collaboration with the IT Department to develop an electronic metnad to distribute montltlY financial statements to the Common council and Department) Division Heads resulting in an estimated cast reducing in professing costs. dire and Rescue Depattsttanfi ~ontrat of Ltvertlsr7e Expenditures d. Sclfed~tDing c~ftraini~g attd other degartrnent activities in advance and then not aEiowing gersannel to use vocal"son, paid holidays, or compensation time. This translates into Cost savings 6eoause the department does not have to incur further casts sending additional personnel to training and back-filling the position, if needed. Ail of this would ba dens wifh overtime. ~. Implement a Policy that permits -the depsrtrrtent to prohibit personnel from faking vacation, paid ho{idays, compensation time when Thera arm already two indfv{duals off any given workday. ~y implementing this golicy, it would savetha arty money in one calendar year based an the number of people wJro had approved leaves and those who selected vacation and paid holidays at rho same tune. Juno 009 FRC11~1 : FAhIT I ,~}i, FAX N0. :561 732 8733 Tun. ?3 2td[9 12:3SA1°1 P'a ,~L~~PS'~lt3~t5 ~' f'C3~~~i'L~ >vd35'~ ~ttVitS~ rt~Ct~E.€!`°~,S Qltl ~i~Ci~~ 8y ~~s-sre~-AntY C. ~an~i, Pa~~Iegalt~,n~[ysy 3. Implement policy concerning vse ofi compensation time. Compensaflon tln,rr is pertrritted to be used fppicaliy only when it wlll not crests overtime for the city. F'oiicy would require personnel who requested compensa#ion #irrte ~ttlj~e beginning aFtheir shift to cal4 the station to determine if any other personnel had called in sick, thus creating overtime. if sor~Yeone had called in sickthen the individual who requested compensation time would haveio report to work to avoid overtil`ne to the department. {Yar;reasai Revenue i . Take steps to reduce or recuperate tit"e costs of services it provides. lfiplsmant a policy #o recover tRe cost of ~Euid spills at eccideatt.sceoes. The cost of personnel and apparatus ass calculated into err hourly rate and billed to rite person(s) involved in the accident. 2, lmpletnsnt a policy that regnfros that any vervice t}tat the department provides for a special event in the City, ttte event spons+sr is ~i'Et~~# at a standard rate. Titis places the financial responsibilities ari the sponsors of the event rather than the taxpayers. 3. Implement a fee scheduE~ Far various services that the department provrd$s such as environmental irrrpact reviews, sprinkler permits, etc., that benefit oertajn indivrdUals andlar r~raups and places the financial responslbllity with them. ~4. twat aggressive in pursuing grants and special programs to acquire specialized training and ~uipment_ Ot~tain a grant for protective clothing and apparatus. Apply for a grant Par SAF'E,R (Staffing for Adequate Emergency i'~rsannel-SAFER). If successful, would save in wages and benefits. 5, initiate obtaining a grant for persanrrel training of specialzed collapse r~SCtlt? tr8lhing, `fnfvrmatic~n `fect~nmiy Cast Savin~$ Prai zred M~asttr'e~ 1_ EdentifiLahon of 1'educed service--eve) needs far 1&5er printing services. ~y ®valuating work t7aws and laser printer duty agates. {dEntify strategic locations that could be serviced by . lower model laser printers_ ~. Acul~ris~tSecvreCheek and Fold ~ Seel tvlachine. AcuPrint se+:ure Check allows the merging of d'sgitized signatures, digital form generation and co+npvter output data, and priors them oh generic blan:t check stoctti The printed checks can tRen be folded and sealed. This new setup greatly reduces stafFtirne from having to rUn the printed checks through a separate signature stamping machine and manually stufifing cheeks info envelspes. Library l~rai@dingl5erv'aces Gessts Savirags t . 1~IVAC (heating, ventilation end fi/C}. Computer controlled systems set seasonal temperatures for savings when, the library is alased. ~. install a setback thermostat to Libraries to reduce energy costs 3. install high efficiency iicthting to lower lighting costs ~. Increase fines and fees 1Vi11ilici~aE Court 1. Print awn letterhead, forms, etc. 2, Keep Routs per Week to 3tJ - no overti+',`,e 3. Use of recycled toner/pafier ~. Email a#! notices for underage drinlcingJeommunity servia~ program 5. Tom off lightslequipmentwhen not in of€'rce B. Reuse of binders and tiles 7. [ncraase fees Parks and 42ecreatlart Cr~sE ~~viags and p'rajecE acrd Pdleasures 1. Install s setback thermostat ire the Senior Center to reduce energy costs 2. iner~ase fines for datds owners not picking up poops r,long A9A sidewalk path ^o. Remove cost of va[un`eer recognifion gifts tl. Increase program and facility ran#al fees [~t~nrtirtig alto ~r~nnrssi~ Cev~6+sprcterat P~rs~>~nel Cos# Redsr~trans 'E. Citf~ert's derv€ C~ulde. This saves staf€ #im9 by proactively providing information to rite public. z. Plannits~ ahd 7~ntirtg Pra,~~ral Brr~ch€rre, (hfowto apply for a zoning change, variance, conditional use permit, annexation, focal Ristoric district. This saves sta#f time and makes it more conven"sent for the pribiic by having this infarrrlation airailahle on the web site and at iha permitting counter. 3. Update gaper--only forms and p®rmit applications to online applications. Reduces materials and lobar coots. PoEice PJ~partrreen$ 1 Replace B~cyGnder recycled patrol cats with 4-cylinder . vehicles for administsatlve use. 2 Continue to seek grant funding whpr{ever passible to reduce th® C-ity`s cost for new police equipment (r:~dar, portable & mobile radial, laptop computers, etc.} 3 Use personal cell phones for special responso team caU out versus previous pager system ~ Chargo businesses and private citizens for ofFirers responding to faisa alarms. i Use of lttt~rprefer pltrsne ser+ripe far subjects Who don't speak English versus coiling in an interpreter for assistance. 6 Stagger detebtive schsdules thereby decreasing overtime as wail as detective being available to assist patrol at various inclclants, a[lawing officer to return to patrol duties 7 More officers riding department bikes ~,vhile on duty 8 Due to increased nmtrYtrnitian coati - raduoe number of range hours required for each afficar Iun~ 2Gt79 FROM : FANT I ~.; Via,;, r~ ~~ ~_ IO 11 ~7 l.3 1~ l~ 1~ 17 1~ ~~ 2Q 2~ 2~ 23 24 ~' 20 FAn NQ. :561 732 5733 Jun. 23 2009 12:4~HM P4 ~u~~~-~aa~s ~~~ r~p~~ ~~s~- ~~in~~ ~su~~ end ~~~irr6~s t~ ~l~ip ~h~ City ~ ~~~rc~y B~~h r~~ ~h~ir d~~i~°it Purchase of 7V rlirrn~rs and bottled waster for prisoner meals versus vuying meals from area restaurants. Impier7ient a program whereby of#icers can tele~rs,~ference vsrith tl» Gcurts formations, prabatsle cause hearings, and trial preparations. Lave o~certime and gas fortraveling to courk Use fec3~ra1 grant rt'1o13~~1s to send t~ffacprs to advanced supaNisory and leadership training, which included tuition; room and meala, hlegotiate contr$ct to automatically have squad car tires rotated st the time ofi oil change,,which saves an squad and officer dawn time. Initiate purchase of. Chevrolet for lower cost of operation and s~taintenahce due to unproved warranties {10Q,000 milE~ an drive train). Purchase a DAD/Cp duplicator reducing,iabgr ousts oY clerical employees. Purchase of vcalte str~ artalyzr"r whioh provides staff the ability to solve crimes immediately,, Won't have to rely upon other law enforcement agencrES grac'sous enough to accommodate ofncsrs when available, which at time could take a two week delay. Prom another cost savings perspective, test can be performed at our facility instead of traveling to another agency. Ft~quir~ sadv~nr3e pa~yrraonts of $ZQ for each CI71DVp request by outside agencies. Apply for grarst for Police SChrot of vtafF and~Camrnand training, Apply fir gram far purchps® of"crime scope and specielixed crime scene equipment. lr~re~se f~~~ for police supervision, parking ticket fines, parking permits, photocopying and fingerprin#ing. Patrol officers, due to restructuring, combined with associated t 2-hourwork schedule, will result in reduced trvertime. ~mpinye~ trair~irsg is to be done on duty- This will cause a reduction of c~vertime_ Trainer-tl~e~trair~~r pragrarns {b~T, firearms, EV©G, eto.). ~y using !n hause staff as trainers, you save money by hat having to send +amployezs off site for ail schooling. lJrslcsn employs shoulet 6e train,~d in management and supervision, whim educates staff in management principals thereby Eliminating costs associated Leith grievances, attorneys' fees, litigation, and employee discipline, Personae! devaloplmaintain the police range facllitles, not using outside sourcros, Use ofi MEG participants for in town dn!g purchases, reduces avertime as these funds are reimtsursed Through the Ni~G grant. Part time summer errrployaes for part petrel and clerical arc used to supplement summer assignments (park patrol, storm watohes, microfilming, shredding ~y ~dd~'~Yl'i~riYt ~. ~an~'i, f~ttr°tl~etid~/°t~11A~j~Si~ documents, etc.) W'sthout t~l~ing awway full time persohns{ from their r~ular work duties° ~7 Auxiliary prafice gertorrrr volunteer nan~worn offiicer functions ~.~ Hire a civilian analyst to work in detective division to off fond p$perwark and research work so detectives can spend rt~ore tiln~ out in the Meld handling ttie increased in crime. 2~ Provide Palioe ~epfll~ttttent Cotrtt~unity SErv+ce p#fioers with 6pecific dally purposes. lQriving around withaut speoitic dtrtiES or purposes is $ waste of fuel. 3U` Put alt Pollee b€ficers on the street downtoum walking the beat. When people feel safer, they spend money, and we are out of debt faster. s 1 increase fees for copying records, particularly for Police reports. ° 32 Renegotiate Police and l=ire contracts so that they get 2 lar~rcenf. 33 Consider a long-term strategy to lotiver the percentage pf Ponce management vs. offcars on the street. ~4 Increase reserve police, fire and any ether volunteers. s $ Purchase new P4iice petrel vehicles through early intent" process 36 Police vehicles require reduced amperage aliowinc~ emergency lights to operate for longer periods without vehicle in aperat5on, ihar$l~y reduoing fuel consumption end wear and tear. 37 Designairr a computer drop in the sally port of the Pollee Station. Patrol vehicle computers can be updated via the cofnl7u`ter drop as compared to the nTOdem process. i This reduces the updaer~ time froth 2+ hours to appron~mately ~S5 mina. Since vehicles are required to operate during the update period, the ohange results in signiticantwaar and fear savings as vtelt as StaTTln{~, Ste. a~ Private l~r.rrty - Rever~aae_ implement a ~ifl hour fee for use of a police veltlo9cg at private duty locations, Thi6 reimburses the cost of fuel acid vehicle wear and tear, Ptrtslf~ llVorks 't, Update traffic signa3 Baulbs<, The change is from incandescent to L~~D resulting in etectricai cost savings. Maintenance and supply cost raductlvn will be realized by nok changing incandescent bulb on an annum basis. Stmt ®ivisi~rs Gast sadings measures 1, Salt used fleet vehiotes at auction 2. increase the usable life e~f all fleet vehicles by increased mainten8nce and Speoifying heavier built vehicles when initially purchased, thuW raduoing IJ~e need to replace them as often 3. Submit annual a f2ecycling Grant to DNR lone :449 FROM : FAIJT I Fn~r~y having Tfps : Ot'tice Equipment FAX ht0. :561 732 °733 Jun. 23 2009 12:41AP'I P5 ~~i~rt~ t^~~ Est ~1 ~ ~~~~ {i~ ~~ ~~ ~~ ~i#~ s~ Icy h €'~d f~t~t' d~~i~' 3Caar~n-Artrt G F~ft#i Pa~e~~llAna(y~3~ Alwt;y~, ssuy ~t`I~R~Y ~TA~ rtified produ~'#s. The EE~iEfZG~ ~TAi~ rrlark ihdicates t:h~ mQSt ~° a~ eT~cienf cors'ipu#zrs, tsrirtters, copiorsr re€rigerators, t~levisi+rata~, windows, therm~sta;s, cerlrng Pans, and eti`aer apphatar and e~~iprrset~#, e Turning irfE maohines when they are not in use can result in enormous energy savings. To maximize savings with a laptop, Put the AC adapter on a power strip that can be turned tiff (or wilt turn off automaticatty); the trans#ormer in the AC adapter draws power nontinuausly, even when the laptop is not plugged into the adapter. Cotr~mon misconceptions sometimes account fnrthe failure to fiurn afF equipment. Many people believe fihat equipment lasts longer if it is never fumed oFF This incori°ect perception parries osier from the days of older mainframe computers. There is a common r»isnonpeption that seraph savers reduce energy use by monitors; they do not. Automatic switching fo s1eEp mode or manually turning monitors of3 is aM~ays the better energy-saving strats~y. ~ L®iag~rm savings Tip; Cc~tisier btty'tnq to Iaptcsp fc~r yrsur next ccamputer tfp~Catie; they use rr'uch l energy than cdesk~ape rrt~uters. Puny appliances pontinue to draw a snial! amount of power when they are switched off. These "phantom" loads occur in most applianoes that use electricity., such as VGRs, televisions, stereos, computers, and kitchen appllance~s. In the average home, 75~yn aftha electricity used to polder home +electronios is consumed while the products are turned OfF, "Phis can be avoided py unpiuggbng the appliance ar using a pbevat strip and using the switch on fihe po~aVer strip to cut ail power fa file appliance. Unplug battery chargers when the batteries are fully charged or the chargers are not in use, Studies tyave shown that us`sng recitargeahle battewies for produpts• like cordless phones and PDAs is more cost efFeptive than throwaway batteries. If you must use throwativaya, check with your trash removal company ahou# safe disposal options. hfiake duplex copies on repycled paper, when applic~ible, to sgve on paper. can#rol direct sun through windows. boring pooling season, block direct heat gain from the sun shining through glass on the east and asp€ciafly west sides of the facility, bepending on your facility, options such as '`solnt• scrx~s," ,°.~~lar fitrns,~, awnings, ~nCt'de~°r'1t1~$H c~r¢ het~5. OVer time, trees Can attractively shade the facility, and help clean the ;dir. Keep thermostat no lowerthah 78 degrees. Use a small fen to circa€ate air in the office, Each degree of higher temperature can save about 3~1n on cooling e©sts: Carp rate pr~rcltasirsg Cant,; Placing a corporate purchasing card in the hands pf numerous employees seems like a greet. idea upfront. Unfortunsteiy, this often 6eoomes the `black hole" of business e::.psnsss, Ef the supervisors review and approve expanse statemen#s, the purchases won't gat out of hand. The riity is that your staff is buying a lot of items at full retail irarn multiple vendors in each category rather than getting volume discounts by shopping through a designated supplier in each eategon/. most companies wctrldti'Y dream of letting buyers purchase raw materials or sti•atagic components from five or siX different sources. So why is it acceptable to purchase froth multiple afCc~ supptiers, t~Rc7 suppliers, travel agencies, maintenance providers, etc,7, P-rds are convenient, but they shield thousands of dolfars of ineffieienoy and wastEd money. Periodic auditing of P-card reiater~ expenses is recorrtmended_ tI~€1c#i: There are Sots of Ways to reduce utility bins (and enhance your evrpr~ration's `green" reputation) through energy conservation. Motion sensors to turn lights an and off in piacos ilke ros# rooms, progrsmmsbte ti~ern•rostats, company directives to shuf dawn computers at night before leaving, upgrades of fluorescent fixtures and' more efficient light bulbs, selling used corrugated pack$ging and Styrofoam to recycters -the list may not be entlless, but it's pretty lung. Ask your eiectrip power company far an energy audit and racornmendatians on conservation tools, They might even help you pay•for some of them. Parcel ahl~piryg; c3vernight shipping is another area where a 1i1#le discretion can save a lot of money. Mow often are paeicagas sent via overnight delivery qualified to go 2nd-day dQlivary7 is your company using multiple overnight shipping vendors and missing out on volume discounts? Are #hincds routinely going via overnight delivery that could go ground at a fraction ofthe cost? When the spending is marginal and employees are free to chooae the "convenient" v~ay or Gvork with supptiers that irrake there "oomforfabte", accountability i iosk in the process. A few policy controls and a little supervision in thfs Brea can pay back big divsdends. l~ssia#i~rn »is~nunt3: Da any of your industry asst?eiatipns offer group purchasing discounts that your company can take advantage af7 If you hauen't explpred these discounts, you should. While generally hat the IaLVest costs available, these discounts can often get you ar7 easy 10c~ off retail w'sth a few clicks of a mouse or a signature and a fax. Sometimes it's as easy as asking. Typical associ2tion,related c#iscounts are re€ated to fleet services, insurance, and maintenance services, but can often include uniforms, restaurants, hotels, telecom and workers compensation premiums. Travel ~ Er;tertairsmeat; What sort of poltoies does your company have on #ravat and entertainmeht expenses? Traveling staff are ~nfitled to eat decent meals while on the read serving the corrrpany'S interest, but if you don'i have a per diem gllowanee for fond Mrhen not enterkaining a client you're probably paying a Sot mote tv feed th4 troops than you need to, if employees are traveling on a corporate ctedit Jtrrie ~©49 FROM :FANTI ~~~-, FA`r; NO. :561 732 ^a~i 33 3rtn, 23 2C~l39 12: 42AI 1 P6 a,l~~~t~ ~~~ €~~~~~ ~~~# 5~11'1Pr~~ 1~~~u~ aid ~'~i~i fay ~~aner~-~rrnr G. Fan~°i, Porra~~l/~lnaly~t card, are they being directed to hotels in a specific hotel group to capture the barrus paints for free future crirporate room 3aaoking57 tl not, you cauld h4 missing out on a let of fray nigh#s for future trips. , uppli~r ~o+rrss~fidatir~rr. Set a goal of reducing your total Suppliers by 5°ib in ~e next year, and pay employees s bonus each time they figure out a way to da it. Buyers in every business develop purchasing habits of buying selected Items from, each supplier. In many passe, however, you can consolidate five suppliers to three, or three suppliers to twto, and become a more valuable customer to the remaining suppliers- This practice allows the nego#ia'Cion of better griping through higher volume, end iY else contributes sari savings in bill processing, gill payment and tir»e saved with fewer supplier meetings, phott~: calls and smelts. Most of these expenso areas are tied to the ampowerrr~ent of staff to make purchases without central controls. Tile ®vidance suggests that many companies have taken the "managrament' port at cost management nisoipiine imposed through d little more corpora#~ structure end same ertecncsl auditing pan help to sometimes s€gnlficantly imprav:, your bottom line, h+lost companies spetrd t5~t)% more on indirect operating costs than necessary. If you think your company is saving everything it can, think agate. Gast manag;lment is a process that never ends, but the dollars you save and efficiencies you gain are rest. Startwratching the pennies and you'll See the dollars add up. Cast~saving St~ggesttutSs ® Praposed projects should be postponed or canceled. Council members to pafticipate in the furlough, and they will nn longer have meats at Council meetings. Furloughs to be implemented as each bargaining group agrees. * All employees pay for health ~are~ Step investing so much money downtown. It's not increasing revenue. offer voluntary furlough or offer to let people work reduced hours for reduced pay. ® Eliminate unnecessary pasitians in the Administration Division of all dEpartmarrts. ® Reduce number of procdram managvr~ or dawngrade the position, * No mare ciky paid lunchesldinnerg for meetings. e Na more City paid coffee supplies. ba away with take barns vehicles for non law 4nfOrCEment Stall. Stricter overtime rules end impfementetinn. Postpone education r®imbursements, unlr~s the employee is in the last semester, until tl~e budget is in battr~r silage. Make contain the oust of work not dons during furlough days Is not done later vn overtime. a Work fvurten-hour days 7.00 am tv 6:0t) p.m, * Close au City offices on Fridays. e l~tavides increased customer access- It sans on electricity and vehicle fuel without reducing productivity. s IV#ake pertain fhal' the people actually doing tiro work are not impacted by the layoffs and furloughs. a Provide a lucrative gotdsn hand sfiake that will encourage empioyeesto retire early. ~ Use City inspectors for inspection instead of subcontracting work out. ® Deduce energy use by powering down buildings when trey are not occupied, i.e., furlough days and weeKends. Libraries, reduce or limit hours. * Ask employees to volunteer at events to save on avefime costs. * !f layoffs become a necessity, start with non-revenue producing aepartments. Surcharge employees that smoke. * Let them pay a surcharge for their healtn insurance if they insist on smoking and incr$asing the cast incurred by dll, Look at rite ratio of supervisory positsohs to staff in al! departments to trim the top-heavy, higher® ssiapy positians. Require rrredical retirements for ongoing workers compensatian oases~ ® Wi3ere full~time employees can no longer work a full-time scfledu#2, andlor can no longer perform their dudes as their job sp~,clficatians require. * s~rovide employees with one telephone, land line ar celluEar, not both, where applicable.. Teleeotnmutinglhoteling to reduce the number of desire needed by allowing employees to share workspace. ltnprove emplayee morale by reducing the need to drive to and from work. ® Cross-train employees to show shifting of resources. ® Reward those who do not use sick leave with some other incentive. ~ Reduce cost of Code Enfafcarnent eertifled mailings by using tJ8P5 electrvnip rsoeipts. n tutakr; all ~n$lysts and Accountant series exempt. Sell what is not immediately saving or making us money. o Close every other Friday end work longer hours to compensate, g If there are any new car purchases on the horizon, freeze 1'or naw_ Consider purchasing used cars. Shop at Costco ar Wal-mart. 8 Summer time ~ hurricane seasan are a lime of year when it slows down anyway; a good time for furloughs. s Gunge the classification elf supervisors !managers to exempt, d Suspend alt pay rais~,s. * Market events well Iii advance for greater opportunity for success- Look in finding and writing grants. 1=nergy savings: ® 1=liminate multiple rafrigeratian ursit3 in ane building, attd design8te only one refrigerator per budding; .Iona 2(H?9 FROP1 : FRt~iT I ~1~ FA}; Nth. :561 T32 8733 .jun. ='~ 2~t®9 12'.43Rh1 P7 Si~~~~i~~ °~o~ F;'~~~ ~'~s~ Scrvi~g~ amass alnd Pv~~cr~s t~ ~t~l ~ C~~y ~~ f~~lay ~~~cl~ ~°~r `3°~~ir d~fiei~ E3y ~aar~rr-~n~r C, F~n~ri,.~t~rale~~6/~tnolysi' P eliminate vending machines for sodas and snacks; m Keep all office e€)uipment that is not in constant use on a power strip, and have that power strip iurnad of{when hot in use; a ~ Designate bleak screen savers for ail PC'a whenever they are net being used; ~ unplug muftiplp pieces of office eguipmsntthat are not o~tzn simuftaneoUSly in use, such a;5 copy machines and analog typewriters; Share one oapy rnacttin>3! typewriter per office floor. Flan a Limit janitorial services to coca a 4veek ® Nave employees clean their own areas and tl:raw personal garbage nightly info designated large bina. Flan rrrare furlough days far half the employees at a time, sa that Cify Uffices can remeiti open. Pnr these that need a eeH phone for the job, the City Should provide a rriln'smum allowance - $3v. m `Any additional service wanted such as a blackb9rry, should b® paid direofiy by the employee. ffi Nold Council meetings every other week, instead of weekly. w This would cut down an the arnn>lni: of staff tithe need®d each week to prepare an agenda, and Would reduce elrors, Review existing contracts to ensure compliance and that the City is receivincd all payments. Starting with new employees, change ttte health care plan to provide for one employee and one dependent. if coverage is required for additional family members, the empiayee shoafd pay. ~ As part of the package, offer early retirement wlch full medical benefits to employees that have been with the City more than 1d or 72 years instead of 15. Change from a "spend if or lose i~' concept to a mare practical and loyiaal type of fisv~ai responsibility That recognizes departments that make adjustments to save rYtbney. m institute a "profit sharing" canaeptwith departments that save money without sacrificing quality of service. Departments that show fiscal responsibility sftould be rewarded while Chase that fail to remain wi#hin budgEt should be penalized or reprimanded in same fashion. a oiler voluntary furlough time, to be purchased in bulk (i.e.: 4d hr increments) and calculated an¢ detluoted aver a 72 month span, Softening the fir~anoial impact to the employee and increasing interest and participation, Suspend spending on IT, asthetechnolagy proposed Is not needed at this time. Money should be directed to hardest hit areas, such as Libraries and Recreation programs. n slap Sunday hr~urs at the Library; close earlier on other days_ ~ i~urchase ol~ice supplies from stores, such as Costca, dam"s CEub and VValr~art, instead of Qf3ice Depo#. ~ Fuy more fuel efficient and dependable vehicles for the city. Discontinue the Library newsletter and c)uit printing flyers an glossy paper. ® Look at the Fire f3epatfinent bu dget to determine if staffing quotas Cart be adjusted to reduce overtime. o Ask ail departments #o submit a plan for delaying nonessential budcdet purchases untrl the fiscal crisis has ended. m ,lanitorial servtce during the day, instead of at night. ® Evaluate all Departments far appropriate staffing levels. ~ Focus on preventing lawsuits and red>ace number of 1>,itomeys_ review all contracts to make Sure we still need them 'and/or are maidng full us€ of them. Lowest bidder often leads numerous change orders, resulting in higher cost. Improve risk management program to reduce number of accidents. . ~noourage electi'oni^ routing of documents. extend exisfing lists proh~o#ion and jobs lists unfi) the city gets back on its feet or the list is exhausted. ~ Pay fulR medical costs for employee only. ® Charge a premium for each dependent or group of dependents covered (i,e., spouse, spouse + one, spouse + two). allow employees to opt out of rrtediral coverage if they have other coverage, and give them s small percent of the savings as an incentive ® Freezo the wages of all employees at current level with na COLA nr step lnerae&e for two or three years. m Start Council meeti»gs at 6 p.m. to eliminate the need for providing food to the Council & staff, ar, provide healthy ftngerfoods/snacks'which may be Eels cosl;ly, Stop spending 2nd consttvctinn of City facilities. Reduce the number afi Directors and manargers ar leave positions vacant. ® Ivlanda#ory regUirement far City ernpioyees to live within ?0 miles of the City'to irnprave response time_ Eliminate take home vehicles; it may b® cheaper to reirrrburse employees when they are called in_ CreatA plans €or short term and long-term praj®cta, Clearly identify timelines and deliverables to avail projects dragging oh and issuing Change Orders, Reevaluate the Usr3 of one/tirna funds (l. e., grants) to deterrrrine how will grant funded services and projects be funded in following years. Reduce printed materials, ~ Negotif3te purchases Sri that sailers cover shipping costs. ~ Pay Bills an~titn@ so that na late charges are incurred. m Discontinue the educational incentive pay where err~pioyees ate paid for having a degree if their position doesn~ require it. The lowest paid empiayee affected by the proposed furlough would forfeit ~~300 o~f their pay to help the City reduce tfTe defic"st. Those employees Thousands of hours of sick (save and less than 2 years from retirement should be given the op#ivn to use 1i7p percent of their Slck time and vaca#ion time until their retirement d2te. During thattime, the employee would hat aacrtis any furthEr sick leave, P>^RS SL~flL' 7Q~9 FROhI : FAf~IT I ,- ~ r ,. 3xz 1^~~.. FA?; h10. :561 732 ST33 Jun. 23 2r~09 1.2:44AM P8 ~~.t~s~ia ~~r Pr~p~s~~ ~v ~avi~ls ~~>,t~~s ~ ~li~i~~ ~~ ~te~p ~~tt~ ~i~y v t~~~rc~y each r~d€~~~ i~~ir ~!,/fici~ ~y lCaare~-~t~n C. Fa~tt'i, Parrtie~a(iArtat~/s-t time, vacation time or ether leave, anr# only receive heath benefits while they are exhausting accrued rims. If under retirement age, they woptd free their PERS until they have tits required age (providhrg their sick and vacation time covers them until that time -kind of tike buying agej_ ~ The City benefits by not raving to pay one large sum of rrraney when tine empla}iee leaves at normal retirement, no further sick time or vacation tune, and not having to pay into PAPS, Drop the "Glass rJne" Fire Departure»# stutlls. This rat'sng resorts in high stafFng costs and very little savings on firs insurer-roe. ® Give errig+layseS the option to take voluntar,+ furiouadit days right now. SonTe of us would do it and it aright mak:? it easier for those who have a tighter budget by reducing ttte number of mandatory. days in the future, ~ Take dome cars shoutd not leave the city limits. A.11ow auf of City empl~yess to park at the nearest fire starion, Ask rile City Counci4 to take a r;aiary reduction or no salary. ~ Look into phasing out non~speciat~zed f7ool Cars and make an agraomsnt with a "ter shareng° organrzation (i. e. ~ipcars, et al) to provide that service to City staff, Gars can ba reserved via the Internet and would only incur a cost when needed. Also, City would aniy bg responsible for gas, not for maintonance_ • Look intro phasing out non-specialised Paol Cars and make an acdreement with a Car rental organization to provide that service to Gity staff, The City would 6e'off the hank' for auto tnaintt~nancE, 33oth of these suggestions could help 'people who use alternative commuting lrtethods (~:arpoat, bus, bike, etc_ - ar are consid$riitg it -but find that trav~itng on city business rr'sakes it difficult lot them. Ask employees if they are witting to go to a lower step in pay, with a oorrrmitment frarFa the City to return them to former pay ratm, when times are better. The city shoutd have followed the precedent set by our governor with the state'budget crisis by laying off all part time attd temporary workers. Now that the Gauncil has given up its pr~maeting meal, whop are the department hsadslmanagers going to follow suit about lunch meetings on the Gity`s tabs? Whets rare "free coffee supplies" charged to the Cifij's accounts going to be stopped? For water and sewrflr bi€6s, isolate ar identify thoso that have signed up for automatic payments_ I5C?N''( send out return envelopes, We can save trees and redoes supplies costs, Por a{I monthly city bills and monthly periling fees, provide capability of paying online. Add a iihk ors the web page for bills/payments. Stop praviding water, aof#ee, plates, cups, plastic utensils to employees. Clasc ail city perk 8a#Hraoms and replace as needed with port a-potties that ors maintained by a pr9vafe contractor. 'this would save an pouter, water, personnel hours in maintaining the bethroorrrs and repairs due to vandalism. Eliminate flat rata mitaage for depr~ttment heads. Aisc~, consider eliminating mileage reimbursemetlt. If employee has a need to travel on Gity business, use a pool car, .~ Obtain updated Code FnPnreert~rsnt Sc#1Ware, This Would reduce tits huge amount of paperlpriniing casts. Service credit pins must noti^~ be paid for with an a{ternat'lve source, or paid f+ar by the recipient. With this in mind, does it tttake sense to pay ~~00-~50q for _~ngraved retirement watch/ braoetets being handed out at retirement? Pay for these items out of alternative source funds or have the recip4ant paY far them. They are currently paid far out of a fund that backs up the general fund >a Hold Gaunci€ Committee meetings and study sessions during rogular business hours. This WIR reduce overtime and/or flex schedules for the stafr supporting the reetings_ ® Eliminate payment of meals for city staff and elected offioiais to mend events/ presentations. I4 event coordinators would like city participation, requESt comp tickets. Reduce number of Cauncii meetings from 4 meetings to ~ meetings per rnonth_ Quit printing Council or boardlcammission newsletter packets and provide an disk ar refer to Web situ, Suspend building any n+3w City faciliti®ta, i.e., fire stations; use pre-fabricated buildittc~s. ~ieviaw management positions in ail City departments; many are top heavy, A tlnanagement should consider net $1toa+/ing employees to use C'tfij vehicles for personal activities, such as going home onto restauratrts for lunch, driving to doctor's appointments, or funning errands. Eliminate fleet rnatntenance. Use outside vendors for servihe to ail city vehicles. This provides for more reliable service, and, when work is not property completed, departments wig not be charged twice far tn~ samo r$pair, as is done by Fleet. outside vendors can bs held accountable for poor or slow service_ g Have printing work dune by Kinkos or other similar entity. This w®uld eliminate the salaries for those employees and maintenance on in-house equipment, Look into front loading en7plc~yees that are dose to retirement, thus, creating an upfront scat that would be minimal in comparison to substantial savings in the long run_ This would also possibly crs*atfl openings for transfer apportunitias for personnel from other Ciry Departments or entry level s~tiarir?s and ienefits_ f~eview these who receive self phone allowances to determine if altawance is mppropriate. There have bean changes in titlesljobs/duties among the recipients that may not make the ailawanos necessary_ The amount of the allowance should also be reviewed far its appropriateness b5sed an current conditions, J'unc 20n') FRrJtrl : FAhlT I ~~.~`"` ~. ~~~ LL.~ P FA.' f~10. :561 732 2733 Sun. 23 21709 12:44AM P9 ~tgrstir~~ls for pr~~~~d `i' ~avig r1~~t~r~ ~~~ PSI€ci~s fi 4ielp ~'~t~ ~i~y ~~ d~irc~y ~ac~l ~~elt~~ ~1~~i~ di~i ~ By Kar~rerr-Arr~ C. ~~~i; Paral~gcsl/~nalys~ Having sn IPhana or ~faclcBerry should not automatically ontitie aflmeonety the highest aflawance, Take har~te vehicles should ire recal4ed_ it's cheaper to reimburse an employee for mileage on a personal car when they are c;ilted bac#t for emergencies, e Allow thg golf courses to be run as a business and charge appropriate green fees (increase them), which cart tkien be used to in3prove the facilities and compete with private courses. Reduce number of City payroll runs to ante a month, 6 Eiirr~inate flat rate mileage for department heads_ Also consider eliminating mileage reirniaursement It an employes has need to travel on City business, us® a pool car. Obtain updated Code Enforcement software. This would Yeduce the huge amour:t trf paper/printing costs_ ® Developed and adrrrinisterq[f bid package for low band parfablE and mobile radios, coordinated through staff corrrmitiee in lieu of cahsultant specs. • lrtapl~rt~ent laaclC box services for paymt;nt of taxes to reduce float time between paym~rtt and deposit thereby improving cash availability and investmen# income. Initiated remote deposit capture to improve efficiency and cash management. p Implement an-tine a~rcti~rr sales for surplus equipment integrate hybrid v+ehgcies to City fileet_ State grant for additional hybrid anti alternate fuel (natural gas) vehicles pending. commission independent energy audit of all City operated buildings to identify and ianplgrneht additional energy efficiency and alternate ensrr~y irnprovemenfis_ a Initiated review of health savings accounts to reduce health insurance costs effective • Purchase larger satellite reoycllnrd cont3inars to reduce hauling casts for tabor, equipment and fuel Install energy efficient lighting at various.City facilities with a grant Conduct independent audit of ail telephone accounts and billing, install datsbsse at the Community centerto decrease paper usage, allawe on-line registration and payment, and eliminate duplication of tvorlc~ and r~nanuai report preparation. Plan transition of all newsletters to electronic availability. Start process to provide contri#~utlon to 40'lA plan in lieu of Social security for oerfain parttime seasonal and temporary employees. initiated work with independent web design team and City staff to reconfigure City web site to provide unproved custamerservicg, intui#ve services and 2417 information and business potential wi#h City operations. foal #o qualify for nati+~nal recognition wittiin #~2 years, improve business, customer service arld information availability through web si#e. Process Parks & Recreation program registration an-line, thereby improving customer service and allowing reduction of 1 full-time beneists eligible position to part time non-benefft eligible administrative support. In~iate process to markEt older tarty computers end monitors through city's web site. Develop citywide tag sale in coardlnation with sale of surplus equipment to generate annual revenue and assisting various local nonprofit groups, Ta better serve customers at ttte Commtinsty Center, Human service affico hourv should be ended to $;00 p. m. Monday through Friday. • The Facilities and IT staff should add equiprrrent manuals to the city's network. a This will provide access to maintenance and equipment manusis froR~ ail building focatians so that staff do not have to °hunt" for such information ar carry with them to various work sites, m Initiate bio-diesel for Gity and Board of EdUCation fleet ape~tions. • Recy~lirtg of rechargeable batteries and cell phones should be available at the Transfer Station. This new program is sponsored with the Rechargeable Battery Recycling Eorpotation. There 'rs no cost to the City. • sponsor annual Employee }-tealth Fait as part of ongoing rrfforts to encourage healthy living and manage overall health insurance ct~sfs. IrrtraneE Page. initiate Human Resource 19epartrnenf'rolled out" its Intranet page to include various tiR calendars, policies, corms, etc. This will make such information readily available for stafFthereby r®ducing staff time fn responding to various inquiries, The HR Intranet page should be combined with similar information available electronically through i5 and Faculties Maintenance operations, Conduct 1-2 best practice analysis annually of City operations to identify pot®ntial +?fticiency and affectjveness inzprovements_ e9ri-line R~t~tratitsn_ Parks & tZeayrea#ion program registration conducted on line. Allowed for reduction in administl'afive support s#afring with annual wage and benefits savings_ .r~an~: ~UU9 FROf~i : FRNTI ~~ 1~~ _, ~«~ ~~ ~ CusYaa~ial ~~rui~: A charlggaver of rest room tawal dispensers is expected to reduce yearly paper assts. Inspeafion Servlce~~ Health and ~iri Marshal insp~tors conducting C(7-inspections as pose€ble. This allows €or carpooling and ova~~ll reduction in inspection time at various locations. Aeceierates permit, licensing, sch~duting and ap¢Ilcatian tirr,e i•equirernsn#s. Lit~raryf C€rIt ttV~rkst~ti~rs~ This system allows patrons to process checkoues on a "self sEarue basis. The system aver~g~ Simon trans8ctions per day thereby improleing customer service and reducing re€isnce on circulation desk staff. saY~s~l~i; #nitiate Internal based plan room service for municlpalit'res. 'this service, provided at nn cngt, allows subcontrarutars and suppliers ~rrith an6[ine access to construction project bid sr=ts at a significant savings v. purchasing hard copies of bid dacuments_ p This is expected to increase the number of bidders reviewing City projects and reducs file time required to provide such information through the purchasing Office. ° Plans and specif[cations can be reviewed at a modest cost and full sets can be sacursd generally be4ow the cost of such purohase from the City. This s®rviae is expected to solicit greater interest in c(ty projects and reduce file time allocated by Purchasing Depnrkment staff #a administering lush bid document distributlun, m Redu+:ed eleotrical consumption and staff costs with i}ta installation of a new customer initiated light ctrntral systsrn at tennis courts a Modify Requ$st far• Prapasais for Parks ~, Recreation hroahure printing to award multiple issues a-t one tiP`ns thoreby 1°educing proposal end printing cosh. change from mont,al to automated reservation prooess for use of athletic fivids, parks and span si3aee. Improved staff effioienny, provide shared data and report writing potential. p Conducted voluntary OShiA inspection at a variety oP City facilities to improve safety snot reduce potential for injury and Worker's Compensation costs. luiske usr~ of prison laborthrough supervised vrork clay release programs to perform various routine maintenance oper~atlans; o- Expand employee training to improve safiety and reduce likelihood of injury and Worker's Compensation claims. ' PurchasE vandal resistant hardware for sign instaA~rtian at City parks to reduce Chest of signs. Provided space for ~n+~FVill lrtdrassfrries recycling trailer. Provic{ss annual lease revenues to City, assists ~oadwill Industries and €ncreases recycling. FRX IJO. :SE,t 732 8733 Jun. 23 2~Jt79 12:45Rt~i P'1© ~ Knrtr~n-Arr~ ~. ~an~i Pc~ral~ a{Aria Initiate Nike "~r~.s~ a ~6~cre" program to sncrease recycling of r3#hietic footwear and bacorrte eligible far dike grant pragrarn involving athletic surf~ees. Certified administrative support at wilding Offroial's Office as Notary °ublics ttr Provide efficient processing of building permits_ m E~ui~aettt ~aintnasrce_ Parks maintenanae staff is making greater use of p#astic world to rep€ace eXt~rior plywofld of field hockey goals. VVhi1a the initial material costs is highrsr, i'utuee costs will brr signifsoantly reduced by aiirninating the need to order reptacemen# ptywood, transport materials, install, etc. Anoth$r step to improve operational efficiency. Energy Efifaciency _ Insta€I 1=hergy Miser equipment This equipment is d®signed to help reduce electrio consumption. D~rrran~ ~esp~nse I~r~ram - initiate a pemdnd response Program whereby cc:rfain City facilities are transferred to generator power tc} relieve eleotric dem€~nds on the power grid. This is cn an "as needed" basis, #f and when the City is asked to transition to generator power, funds should bs provided by FPt.la a~'set t#~e cost of generator aparation_ ° t•-ii~aafy ~ler~sfet$~r -The Library newsl®ttsr should be available eiectrnnically with a limited number of printed copies avaifab#e at the Library. Save in print and distributien ~ostt:n. lnitiat~ e #~igQr bc*~~rc4tb€~ Ns~alth plan option for certain full-time staff effective with the new fisoal year. Cast savings. ParrEts ~ ~r~aticsn ~#e~ Parka ... Initiate a web page with a new feature that wllaws residents to convert text to 8 different languages, This initiative improves customer service fpr residents from different cultures in the immedia#Q area, a ~GSS C~r~tr~af_ Initiate a i.ass Control program. A comprehensive erganora€c workshop and workstation assessment program, This involves all City staff and designmd to identify any ergonomic challenges arsd potential for repeYit'rve injury situations. IuAe Zr1U.9 FF,^t~l : FAhdT I ff., , t2Lg $+il~# R{d2$~ ~R {~6Ci 0 k7s $Gl%~~ ~T! bP7A~C 9f@~JA 0 €vlan Sep 15, 2pOS ~;ODam E17T Police, Gourt end Prison Systems See Cost savings from Wlraless video SurvPiliance System evidence-Grade Vide® Leeds to 94 Convictions Over Three Years, ~islps to Rebuild Urban Neighborhoods LOS C~ATQS, Calif.--{Business V~lirs}- !nthe fight against drug-related crin°,e, the mayor of Bayamon, Puerto l~iaa's se~orid laf~ASt tatty, dap;ayet3 ~ Video 5UfV81{lance system that has achieved 94 convlcti~+ns_ The threo--year urban renewal program was recently @xpanded to troubled, remote perms of fhe city thanks to Piretide's wireless network that connects gurveiltance cameras to a centrat command center. €n addition to helpinJ yct convictions, the video systerg7 allows officers fa intervene before a crime is committed an average of 62 tunas per month. E3antteville constructipn, SE installed aameYas that' combat inner-city orirr,e, and the system has led to considerable cost savings for police, court and prison systems in Puerto Rica. "it`s not the cameras themsatves that have a deterring effect on crime, but the feet that tfitey produce evidence-grade v€dco," said municipal police commissioner Gaeta€n Edwin RoSado. "That°s why we wanted to extend th€s pro]ect to new areas using a tali&ble wireless network. Bonneville Construct€on`s implementation of Firetide wireless mesh r,~ade the latt;st oxpansinn feasible" lUlast a# Bayamon's 94 css~ want to trim and the evidence-grade surveillance video helped tis® public prosecutor get convietions, Moro recently, a growing number of cases have not Bone to trial because the accused admits to thy: crirrre aft8r seeing video ~videnoe. This trend has led to an unexpeetQd cost savings far the court and prison systems. "Everyone in Puerto Rico knows about the system and its ruputatian for impeccable credibitifi,," said nectar 8anahez, head of hueiness devetopmant at Bonneville Construction, SE_ "`Fire#id~ has enalaled tae to extend the surveillance system to neighborhoods outside of the downCity area because this wireless network is practically es reliable as a fiber infrastructure, but a lot less expensive" on a hurricane prone Island like Puerto Rica, frber optic cable installed above ground is not recommended ar,d burled fiber is very expensive. A benefit of Firetde'S equiprnen# is that it can bra taken down, quickly before a hurricane, ,another reason for chooSjng this wireless solution was the spaaad cif deployment_ Fifteen new cameras w€~re installed in a eoup(e of weeks, vahereRS with fiber optics it takes months tb apply forthe permlt:s rn trench the stoee#s and obtain permission from land owners. Bayamon law enforcement is currently planning the no;ct phase of lhe~ video surveiltance system_ [7nce budgets are approved, police cars will be outfitted with wlr class mesh nodes to allow officers to sand and receive video between their patrol cars and the recurity command station. FA~C N0. :56'1 732 8733 Sun. 23 2fl~9 t2:46At'1 P11 ~$ .ins ~~ ~ ~ ~ ~ ~'~~~~~ acs ~a~p ~ C~ ~~ ~~~~ ~ ~i ~~€a~~ ~i~~~ ~~`~~~~~ ~y ~uar^er+-Ar~s~ ~. Fa~ti Paral~ a~/Arra~~f' "The plan to use me3h nodes to create a network for vldec~ strearr,s to end from squad cars helped drive the decision to work with Firetide," explained Sannh~. "I ha~+a not seen any other wireless network that can do what Firetide°s network can.° Bay man's high conviction rate with video is in part duets the d.epsrtmcnt's chain-of custor4y pYacedures for video. Ew7igita§ evidence receives the same strict recur",#y as physical evidence. Ta increase court room credibility, one e~tpel°t investigator is assigned to collect, store and testify in all Videc surveifiance evidence caste. When a crime is captured, the footage is maned to an evidence server and maintained by the video evidence expert. -_ Tfite city of Bayamon recently doubted lie video surveillance systel'rr to i7(3 cameras from the three~year-old, 84 camera fiber-optic deployment. The system now uses 1 ~~ Pelco cameras, mostly Spectra dome systems and same Esprit positioning systems, as well as Verint fn:ed 1P cameras that sit on bath fiber and Firetide wireless irresh Hades, Ali the video feeds are received by a central operations center running software by Verintr Stations ere manned by civilian monitors overseen by state police. Video resolutions are 15 and 3D frames per s®cand. The video is s$ved far one year. The entire network, including the operations center, oast $~_~ trrillion. Bayamon is han,e to approx"tma#eiy 2~O,DCID residents located in 4~ square milos. „on the streets of Bayamon, oar thefts, rrrruggings, drugs dealing, and vandalism havr~ been a real problem," said Eo Larsson, chief executive officer of F€retid~. "The fact that our wireless networks can place surveillance cameras in remote locations is crucial for public safety agencies tivhether they are looking to rev€talizE urban areas ar pr®vent and praseeute Grim®_ An increasing number of munlclpalities -large and smelt -find that a wireless inft~structure based on Firetide mesh is imperative Ydr suceessfut public safety het~torks_" About Firetide Inc. Firetide is the leading provider of wireless mesh and access networks that ei?able concurrent video, voice and data for municipal, public safrJty and enterprise epplicatians, Firetide !-1otPort(R) mesh nodes, !-{a$Point(R} access points, I-totCls'ent{T1Gf) GPEs, Firetide Mobility Controller, Firetide WLgN Controller and H>5t\/iew Pro{TiVI}network mariagerrrent platform provide a reliable high performance wirol>3ss infrastructure and acce; s solution for video surveiElance, Internet access, public safely net~~vorks ah~i temporary networks wherever rapid deployment, mobility and ease of installation are rec{uired. Y-leadquartered in Las t3atas, Calif., Firetide is a privately held company with wartdwide product distribution. wwtiv.nratide3,com, ,,uric zoa9 FP,Of~I : FRNT I °_: ; ~ FA.: N0. :5b1 732 8733 Jun. 23 2~1:J9 12:47AM P12 J~ar~. ~1 ~~9 ~~; 13F'~1 YLri,3R ~.Qt~L' c"Ah~ITX "~1 DTHCr4? FACE i M I ~ _ START 71 t'~ ~ US~G~ T I Pic P9gli~ PAI:rrS r~L~ i ~ r Yt~ T1~21~1 C~'/=+r (RC1~T, >'~~ ' P~~J° f#~, ~ f~i~ ~t_~i..T '-^ ' f" d7 1 ~-+-:a 1 ~°pe ' 'Jr 9 ~ F _ s FeR F'A:C A~rUAt~l7's;S1= iST9 F'L~A~ r~ ~-- hr--~lal:~ C_7~91. 1 .t~ U ~fl~ I~ l~ I feel that the city .slzculd lo~_k at th:e alarm. af~ari~ate hcies aid c,rssaercial lirc~e~~tyy ~~r an income sF~'earr9. l bel%~e that presently there is any a, ~~~ time, lif'etiine charge, fair a~. alarm. permit, I l~lie~oe tl~~tt their shl~uld be a 7~.{~13 c~i~ereial charge ~~r e~h l~~aildirlg a~ a?er ~vhishes tc ha~re an alarn3 ansinitored in, each year° F®r zi~~ate 1-icmes a 5fl dollar char~P each year. In txith cases a ne~~v st%l~er ~rc~l~ issued and a~. aplilicat%n sha~vir~~J if the the c~~ersl~ip cr c;ot~tact g~e7sa~~ Maas cln~ed. I~ additaciz~ a 2fl0 clcllar charge Ins?' 3- 11) calls that er~cr~,tes a city z°es~~~s air 1fl tie ~er~it ~rc~~ald he rev~cd ~~r~le~s the c~,~~~r ca~ld shc~ ca~.ase as to ~rhy all these have lieu. re~,~ired. ~'he mcnitcr~~?~ ccsrnpar?Y ~~r~s~ld also need. tc have a fcirrn. filled cs~at at the tr~,e a perms is re~c~ested ar~d the fees c€sllected at the tune the perri~.t is issued. Tharilci~ng yca in ad~ar~ce l~E~1I~ ~1J~' a a ~~ r,, y ~a r7 c;? fl` _,.$ `; f ~t .. , ~,7 1 r 1 ~ ; ~ > /-- __ _ ; y r J .. u / e ''~_ ~j ,.~ f ., ~ h f .. ~ ~ r ~ ~ ~`~ a. _~ >' °" " -_ ~ °-- z• f ~ y ~ ,,~ ~-. ~ F p ,, r ,»~ ,, C' ~ C7 ,~,~~ _ ~' ~ ~ ~. ;: ,. ~~°-' /J f -- t" .4~ ,` G' ~; ~ ~` `° /j w. .r' a ~--- - _~-~_c_- t ~ y ~~. e ~ l } ,~. ~,~~ .- ~ -,. __ 1 -' ~ ___ q J ,,~ g/ p +~. _, ,/ .~,. , // fir/ ,e• ' ' / ~, ~ ~ .. ~ ~~-- s.r ~~ 1! , f ;~ ~,. r {X w ~ J ~1 Y~ r ~_ ~ y ~ ~ ~ r ~ ~1'~z x---., . ~~: .~ . , ,~ ~ ~ _ ~ ~~ ~.. ~. ~_ f ..~~ ~. •~ _~ ~ ~ ~ ~ "~'~ ~.~~~ .~~ ~a~'t ~ ~ °~ ~ `-~~ ~~'~ ~~ ~~ ~ ~ '~ ~ oaf ~~~ f> l,,--~ ,, ~, :'' ~~~ 'k ~~v~~a ~~1~~ ~~h~ 'I~ ~3~~~ c w P Mr.1'hitip Friedman ~. 9b0 Allemande Dr. Delre~ Beach, FL 3343-49I4 ~ ~a"p.civilwar.org ~. _~ __ 1 1 '- ~ '°7 t' ,~- ~ ~~ ,_~~ ` ~""' __ ,, ~~ r "~ A ~ ~; _ _~ ~__ ~ _ __ _ -- ~.- _ _ y ~_ a ~M __ _ __ - _ ~ - y ~_ . - r `" ~ J ~_. ~ f __ _ ___ --- ,_ - . -_- t __ - __ -- --. -, _ ` ~~-- _ _ _-- ,R . ~ _ ~ ~ ~~ Jl ` .. ~. ailj { ~ _~ ~r .. ~~ __ ~;`~ 1a ~i ~$ "~ ~ `` ~r ~ ~ ` ~" ' .may ---~ ~ _-' ~.~ ~ ,"`j.,,,° ,~ .,s - r ~ W t §~„~ _ .. _ _-_ ~___ _~~ - ,t _ ~ - # _ -. ~ - _. -- -_. ~-- ~~. a 6 99 J +.-9 ~ ~ d -~ ~~ ~ , , ~ - - ~ __ _ ~~ ~~;-lam ~-, ~~-~~ ~.' ~'`~ ~~:-=~~ '~_~' ~' ~ ~ -_ ~~ w ~_ ~~ 'e„P~ ._ ~ __ - _ __~-_ _ `- - -~-, ~ ,; ,~ l mar ,. 1 . ,, i r._~-... ~ _~ - -~ -~----- ~-- - -- _ _ Q , - -- - - _ ~~ y -F _ n _- 3 I ~ti ... _-_ .__ _.~ .. -.. _. __ .~ _. -._. .- - __ -: _ YT~ __._ . _.- _._ - -r„f..~.-_ -.._ ~ .. _.. fir, ~ - ~ ~,. ,-, ~ ~;~ -~_- -- - ~ ) ~ _ ;t',~. _ -- _- ~ ~ ~ _ _ ._ -/ _ - <. - - --_ _- ~-~ _ _. i y,,~ ~._ ._ J _ _ -~ t t -._ ____ s . a~ __ ---- ____ _ __ ---- _ _--=--- ~. - _ ~__ __ ~_.- j r~ ~ ~ - - - -- -- - - ~~_ -t._ ~ _ - - - __ - - _ - _ ~_~__ ~~ ~.~i~ ^ ~~/'.. _ Ft .~ ~' _.... _.._.... ..._: ___ 4 yy I y ry ~y~fp~}g '~p~ ~., p. L~ r 7 ,'.. -- -- ~_ P __ _.. _-_._ ._ ~- ~ ~, , f. - ~ ~ ,~ ~ I`' ~ 1 _- - _-_ ......_, _.: _._. __-.___--- ~ _ 4 -._. __~_-.____...__...._-- --_ -- .8i _ __ _ -- - --- 'f J ~ Public Auction of Underutilized City-Owned Properties According to the Palm Beach County Tax Assessor's Office, the City of Delray Beach owns approximately 242 properties within the municipal boundaries. The value of these properties range between as littie as $1 to as much as over $330,000 each. I propose that the City host a public auction to be held at Old School Square, Participants in the public auctian could be local citizens, business owners or even representatives from focal agencies such as the Community Redevelopment Agency or Delray Beach Housing Authority. Of course, anticipated entrants would have to prequalify to attend and demonstrate financial backing for iterns for which they would be interested in making a bid. All bidding would have a minimum starting bid of no less than $1,000 or 10% less than the current market value of the property whichever would be greater. For exarnple, a City-owned property which was purchased at a cast of $1, would now contribute a minimum profit of $999 to the City's budget deficit. Nat to mention that the market value of the redeveloped property might actually be $50,000 or more, which means the purchaser would be saving as much as $49,000 or more. This creates awin-vin situation for both the City and the new owner. Likewise, it will boost economic development possibilities for those properties which may be zoned for commercial uses. On the opposite end, if the City owned a property currenth~ valued at $330,000, then the purchaser could potentially buy the property at 10% under the market price for as low as $297,000. Upon redevelopment, the new owner would make a profit of no less than $33,OQ0. This might boost local home ownership or stimulate the gloomy housing market, As redevelopment of these properties began, many of which are vacant, additional revenue would be driven to the City through the Planning i~ Zoning Department's processing of new site development and modification applications. This would assure job security for many City employees, as well as, local landscapers, architects, genera! contractors and other associated professionals. During the auctian, photos of the existing sites would be shown, as well as, additional information would be provided like deveiopment opportunities relative to the current zoning and location of the property. The Mayor, City Manager and members of the Chamber of Commerce would be present to emphasize the mission of the City's economic and development activities and offer any insight deemed valuable to the bidders. This idea is legal, non-discriminatory and will not result in an increase in ad-valorem taxes. I am currently a City of Delray Beach empioyee. I work in the Planning and Zoning Department, so I have a greater appreciation for the implementation of this idea and look forward to follawing it through completion. This entry is 9ess than or equal to 500 words in length, My contact information is provided below: Name: Candi Jefferson Address: 907 8`~' St. Apt. 3, West Palm Beach, FL 33401 Phone: 56:1-906-2517(h); 561-243-7049(w) Email: ieffersan~ci.delray-beach.fl.us _ _ :' -' -- ~ -- __ - - _ : ,:: -_ ._.. - . 3 _. _ ,_ :.... _-. _ ,, .. _ . - - --_ -- :, , . _ , ., _ -- -- - ...... _.... _.... .._.. __ ..I a r'v -~ - .. n ~,. ~ ~ e. ~° ~ ' a~ eB c ~ sZ c~ at ~ a~ U ~~, ~ ~u; a~ ~'~ L ~ _ ~ D ~ ~ ~- tl) ~ ~ N ~ Q) .~. , + • ~ ~ ~ ~ ~ ~ •~ _~ ~' c C ~ f~ ~ ~ ~ ~ { ~ ~ , •.~ -~ I cn Q) ~ ' U ~ ~ , ~ - o ~ ~} ~> .r U7 ~tn Q3 ~ ~ UJ Q ~ ~~ p ~~ ~ C 3].~L.L ~ C ~?~ ~ N ~ C7 ~ ~ O ~ a--~ ~ ~ ~ ~ u ' :~ v , ~ c~ o ~ ~ .~? .N ~ ca ,~ ~~ ono ~~~Oai°,~~ ~ ~~ ' ° o-~ c~ ~ N Z~ O ~ 41 Q1 ~ O3 ~ ~ ~ ~ ~ `+~- a , ,i ~ ~ ~ ~ ~ ~ 7 ~ i ~ (~ m _ ~ G N ~ ~ ~ ~ ~ ~ ~ C ~ ~~ ~ ~ C ~ ~ ~ ~ _ .o ~, C cv °~ '~° ` '+ ~ ~ ~ N N ~ ~ N ~ cll ~ ~~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~ O ~ p O ~ c6 L, ~ ~ C7 ~ .'. Q ~ ~ ~ ' ~ ~ y~ (~ ~ ~ ' ~ b ~? i • q q 14 y ~ ,, ^ ~ ~ ll n L W (~ (~ ~ ~ Q ~ ~ ~ W c~:~~~o ~~~ ~~~~a ~,~ cn T3 w- ~ ~_ ~ cp U Q1 ~ ~ ~ x ~ ?~ ~`~~~ ~. ~.~~~ ~~~~~ ~'~~ U ~ ~- c8 ®~ r~ ~'i ~ ~ ~ ~ ~~~~~ ~o~> ter-'-°~cn~ ~~~ ~ ~a~~,~~ ~ ~ ~~.oaa ~~ ~ oQ~i~ ~ ~~~ a~ ~ ~ ~ ~ , ~~ c ~ css ~ ~ ~ ~ cn ~ ~ ~. , _ ~ c c.a ~ ~ ~ ~ ~~®p~ ~~~'~ ~~~~o ~~~ a ~ ~ ~~ ~ ~ ~ n U ~ ~~ ~ a~i ~ Q e rt +( A + [ ~ ^ , * ` ~ ry ~~ ~ .~°7, ~ Q ~ ~° (~ ~ .~ Q~ f. ~ o L ~ Q U -~ ~ ~ ~ ~ ~ tQ~~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ O Q) ~ ~ iJ p ~ ~ ~ ~ t6 CU N ~ -~ Q} G rJ ~ f\1 N to s- CSS 73 C O ~ ~ ~ ~ ~ ~ ~ ~ ~ tll t~1 ~ O ~ ~-- ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~3 "~ ~ ~ ~ Q v (.} ~ ~ ~ C~ L ~ ~ (ll ~ C t6 ~ ~ ~ N ~ c 6 ' N ~ ~ L2 N ~ ®~ Qj cll "~5 ~ cn ~ ~ p ° ~ -O °t7 ~ ~ ~ L ~ ~ .}... ASP ~ ~ ` ~ ~ ~ ®. ~ O ~ ~ ~ ~ ~ Q ~ ~ ~ ~ C7 ~ ~ ~ ~ ~ °~ ~ ~ ~ ~ ~ (CS ~ ~ ~ ~ ~ t'i1 ~ , ~ ~ ' ~ Q QJ t ~ ~ p n O v tU Q) ~ , ~ ~ ~ .~+ Ct~ ~ ' ~ ~ to ~ ~ -~ ~ U O ~ ~~w ~ Q 1 ~ ! ~ ~ S!? to i~ ~ ~ ~ ~' ~• ~ ~ ~ St •aJ -~ , ~ a- ~ ~ ~ ~ a -~' ~ s® ~ ~ ~ ~ ~' ~ ~ ~, ~ N (~ D'D ~ ~ ~i ® ~ ~ ;+e' ~ ~ ~ ~ ~ ~ i ~ ~ ~ q ~ ~ ~ o '''' N >, C6 ~ t~ {~ ~ cll ~ ~ -~ (~C'3 ~ u3 -~ uj q) CLl ~,. U3 -~5 ~ f ~ ~ U ~.. ~ ~ ~ .~ F'° .~ ~ tip ~ ~ ~' a ~r~i~~ fir. ~ii~ ~~~~ ~r ~1r~~r r~~r~t ~~~ ~t th~~~ "i ~r~lt ~h~y ~~hi" frrn ring ~l ~~i. ~iilr t~ the ~.Aa ~'~r~ pity t tr~~r~~~ i=urthrrr~~r~, cab rir~ v~€~~l~I be r~q~air~d t ~~r~l~t~ insti~~ ~~~ut thrs~~~Iv~~ dri~~ ire ~~Ir~~~ ~~~~h ~h~ld pr~i~r~ ~ri~~ ~ci~t~d uvith a ~~ri~~~ ~ri~ ~r ~~~~ v~ith ~~e ~t c~~r ~iti~~r~~. I hc~p that ray ~~~t~t pry! i~ r~l~t~ t~xi~ ch ~rr+d c~ti~~r type ~t trrap~rt~ti~r~ ire the pity ~ ~Iry 13e~ch l1 reality. ~~~t i~,p~r~r,tiy, this ~uittl i~ +n~ir~rin fir ~~ar t~pyir~ re~iet~ by c~#t~-~ettir~ ~~e c~~t~ -~r the fire pity o~ Delray eh. .~ .f ~~~~ Vinr~ie dray 3~1~ eat ~tlar~ti~ ~~ l~e3ray ~ea~h, ~'lt~rida Decals Required _ Page 1 of 1 2 - _ - _ - ~ -- = >, - One of these three decals is required on every vehicle for hire (taxi, limousine, sedan, Tuttle and paratransit) operating in Palm Beach County. Look for the decal on the passenger's front windshield. This is your assurance that the vehicle for hire company is properly and currently permitted to operate in Pahn Beach County. The follo~r~ing decal is used by a vehicle for hire company when it is necessary to rent a vehicle for short time use. The decal is attached to a plastic a 4" x 8" Plexiglas plaque that is displayed on the passenger side dashboard. r. ~~1~ ~~~~~ ~ 'a~: i.r -~ ~_~~__ ' ' "~ ~~ j~ ~ `~. -~. k ~ ~ ,, .~, ~' ~ ~ I - 4 1 .. ~ ~. ~., 3 ~e L ~ ~ (~ is http:/1www.p'ocgov.com/publicsafety/consumeraffairs/forhire/docals.htm 8/9/2009 5. ~~~t~~ii~i/~f I~~pea~~ (older than i model year) -Ail vehicles registered with Consumer Affairs older than one model year (at time of registration) are required to provide a Mechanical/Safety inspection farm available online at: ohs ~~~.~/~~rt~~a ~' or from the Consumer Affairs" Office. 6. is V~ii~~~s fatly - At signage inspection performed by Consumer Affairs verification of taximeter accuracy will be required (i.e., Decal on meter from State inspection or written verification from Florida registered taximeter service agency), ~~a No cash is accepted -only- ~h~ / ~e ~d~r/~~~ ~r at~~~rs~ $100.00 - business Fee Hybrid Vehicle - no decal fee far the first 2 years $ 75,00 -Decal fee per vehicle $10.00 - 30 Day Temporary Permit fee Fees ire n©n-r~fund~ble ~`~ '`L _ ~?°. PALS BEACH CU~1T`~, L~F~IDA `` '~: BOARD OF ~OL[I'dTl'' CC3~di ISS[{71'dERS ~ - , ~'- - ~~ E~l~[S[O~! OF ~~lNSt~€~ER AFFAIRS -- ~ 5~ S~dAt[7 i[It`3 Ti'~i[, Sui~~ 21~'i ~Aest PIr~ 13eh, Fl. 3316 ~ ~~ (56°[7`[2-6600 ([~~ia~ O€fice} 1-6~-852-7362 (~a~~, ®~fr~y, O[ae} .cg~v.c~en1~®r~surner ~ ~ ~ ~~' C3S~'~°~ ~' '; ~I~~,~C3; ~~~tl~~~ ~~~T E~: $7~.~~ PAR v° ~~. 7' E f~. /~ Please pay by cl~ecd~, money orr#er ar tlFsallVlasfer~ard, payable to tl~e 8e~artl c~# Cr~un~y Cr~rnmissi~oners. (C.~SH WILL NCB BE ~CCPP7'P'®,) ~r~ lid ACCC}RD,4~1CE ~ll`C[-f TPE P[~~3i1[SIOIdS C)F TFiE AER[CANS i~[TH t]ISA~ILI1"IES ACT, T'H[S AI'F'LICATIOE~ A~ ~E RE~UESTE[] [ A'N ALTEA~IdAT[VE FOR[~A1'. PLEASE C®NTACT THE D[~'ISIOiV OF CONSl9 ER AFFAIRS AT THE AI30VE- REFEIZENCE® TELEPF1OtdL IdU HERS. PLEASE NOTE: THE FAILURE TO PROVIDE THE REQUESTED INFORMATION AND DOCUMENTATION WILL RESULT IN THE DISAPPROVAL OF YOUR PERMIT APPLICATION UNTIL SUCH TIME THAT THE REQUESTED INFORMATION HAS SEEN PROVIDED TO THIS OFFICE. .~ ~~' tf ~; ~:-~ ~ ~i~~ ~ ~9e~e ~rr~l r~;rt~r~ itE~ ~~~r ~I~~ati~sa The Consumer Affairs Division is in the process of expanding the information we maintain concerning your business. This additional information will be provided to consumers who request your "Business Information Report" and same of the information will be posted on our Internet Web site where we list ail vehicle far hire companies licensed/permitted to operate in Paim Beach County. For these companies with an Internet site - we are planning to have a direct link from the Consumer Affairs' site (listing licensed vehicle for hire companies) to your site. You will be interested in knowing that the Consumer Affairs Web site has from X0,000 to 40,000 "hits" each month. Please complete the fallowing information and return this with your application: Name of person in your company responsible far handling consumer disputes: Phone number of person handling disputes: ( ) 2, Year your business was established and has been operating continuously in Palm Beach County since: 3, Does your vehicle for hire company have abusiness/official affiliation with another company (i.e., limousine company, etc.)? If YES, name of company: Mailing address: City: State: Zip: E-Cviail address of affiliated company: Web site address of affiliated company: R:\Consumer AfFairs\VFH\Applications -Business &Driver\VFHBusinessApplicatianPacketchangesl0-16-2008.doc Updated 10/16J2008 15 a ~~`,,nc~;~~ ~~~r~~~ ~i}I° ~?'~ ~~~~3~~~~~11 ~~~'ITi -Ordinance 2€}0~-043 ~~ '~ ~ Palm Beach County Public Safety Department ® Con~uiner affairs division ~'I.aR~isc 50 South Military Trail -WestPaim Beach, FL 33415 561-X12-66GtI1I-888-852-7362 ~~E~ E~PEi ~°i0~ Inspadion to be pertormed by Automobile Technician or Masser Technician ceri~ed by National Institute for Automotive Excellence {ASE) (at minimum has passed requirements for SuspensioNSteering andlor Brakes) Vehicle l~iumbe~•: ~'I-, Tag: Vehicle 'Year: ViPtj: Vehicle Make: Company I'dame: `Vehicle Model: iZe~isterell ®tivner; PA95 FAIL. 1. HpI21V: Actuating button and operating Pcr manufacmrer's speciticatioos. Sze. 23 (16) ~. WINI~SIIIELD ~~ERS: Firm contact vrith windshield. IIlades not wom or tom. Sec 23 (11) 3. STEEIdl~lfi li'lEC1~iS.1VISM: Neither worn narjammed. No more than 2 (two) inches play IcR or right of center (measured at sleerin • wheel rim with Crone wheals in sires Ohl »head rosidan . Nu fluid leaks. Sec 13174 4. SiJSPEI~ISIOl~i: Per manufacturer's speaiflcadons. Sec. 13 (t5) 5. B~A~ES: Actuated on al I four (4) wheels. Nn visible Icaks in brake lines, hoses, wheel cylinders or nny pari of brake systems. No frayed nobles. Linings anNor disc pads, when measured at thinnest point shall not be less th¢n one-slsicenth (1/16) pFan inch and firntly attached to the broke shoe or disc. Disc broke rotors and brake drums shall ha appropriate size and type forvehicle with no cracks or other damnge which chmge or impair the functional surface. rUl primary brake systems shall demonstrate a reasonable total brnking Corct when conductn^ a rolliga stn . Parhinu br¢ke shall be in o emtin condition er manufacturers' s eciRcations. Sec. 13 {i7 6. E~~1A7.1ST S'Yr4~1"ElYI: No lealc-tga of exhawl gas frgm manifold, muffler or any other point in lha eshnust system as determined through ~zsual and audible inspection. Tail pipe shall discharge exhaust from the rear of the vehicle according to manufacturers' ecificatians, Sec. 13 18 ~. BEI~~I'S: No signs ol'exnessive wwr, Free oCcmckS and 1'rnys, Sec. 13 (IJ) $. FLUlI1 E)ut'V E+ 1~5: Per manufacturers' specifications. Sec. 13 (20) 9. WINi3SIilELD AAI- t7T17IER ~aLA.S CU: Provide cltar visibility and operating per mm~ufacturers'specifications. No broakago, cracks or pits that impair visibility or binder eatery of driver and pnssengers. Windows sh;dl not he covered or treated with material cousin vehicle to be in Fiolad on ^f Sections 3163951 -316243fi, Florida Statutes ns may he amended. Sec. 13 (1 10. T'IIZES; NO recnps. All four (-1) tins must conform to vehicle manufacturer's specifications. Inflated to manuFacnver's specifications and free of cuu, cracks, bulges or exposed belts, hdaximuot allowable tread wzar shall be where trend is level with flee wear bar, or ~2" when measured at three random laces in the Hre tread. Sec- I3 (10) 1. LIGFITS: Per manufacmrer's specifications, Sec 13 ]3) Low and high beam headlights Brake and {ail lights Back-up lights License pate lights Bjrectional signal: Front and rear 12. I2EFLEC')1"t7RS :t1l~l~ I,I;'l~.t']~'S: No cracks or missing parts. Correct color and properly positioned. Sec. 13 (12) 13. N~®WS AI~IS~ I3D0KS: All window cranl:slpnwer window switches shall be complete, imaot and functioning. Door locks must 6e operable by passengers at all dines. Door srvls ¢nd gas}:ets must bt inWCl and operating to prevem water, odor and fumes from entering. Door panels and door and window mzchanisms mwt bz intact All doors must have opernfing handles, hinges and Intches which allow o erring from bolt the inside and wtside of the vehicle, Sec, 13 (I (3 14.11®ITE121i112 EQ ULPi~`IENT: All standard manufacturo~s intnrior aquipntentto be complete, intact and functioning, including but not limited to: Interior light cnpahle of illuminming interior pFvchicle canuolled by operation of doors or manually by driver, dashboard, trine, gear shifts and head rests. No loose objects. [ntzriur must be dtxq sanitary and free of broken statlprotruding sharp edges or torn or damaged upholstery, headliner nr Aoor cavorings. inferior must ba frze of oflansiva odors. A1ust be equipped with a functioning speedometer and odometer. Sec 13 (2 (6 (?2 15. EA'TE~'lOli: Vehicle body, fenders, doors, trim grill and paint must he free from cracks, breaks ¢nd rust, and body Damage dial detracts from overall appearance or could result in boon or injury oC passenger andlor belongings. Vehicle must be equipped witb front and rear bum ere and exterior minors an bath sides of vehicle. Sea 13 9 16. A~ ~-CdN~~T~®P'IIN£x A 1~EATTNG: bfust have fully functioning air-conditioning, heatint„ defrost and deform in SVBttma 1Vhiah CORLYaIS tern erature inside vehicle behveen 63 and 73 de tees Fahrenheit. Sec. 13 ( 5 17. T18UN1{ t4PdI3 LiJCrGrtiGE C0NIPARTIigEN'1': lrhrs[ be clean acrd free of debris, Sec, t3 (z) 1$. T7121E Cl~A1V+taII~TCa EQIITPMEI+IT: Vehicle must be equipped with mnnufacmrzr's specified spare tiro and fire chancing t ui rotor, unless all wheels are a ui ed urith "run Aar tire" s stern. Sec. 13 (21) 19. SENT BELTS: Hasily accessible, clean and free of geese or other nbjeciionable substances, fully operational far each passenger includin driver, er manufactumr's s ecifica fi on s and F l id Lout Sea 3 o r a ] 41 ~ y~ -a ~ ~ + ' g ~+ ~ -y 7 ~ ~ yg A Y L' ~~~: (CIRCLE ONF L t1~tJ.~.r.iJ 1 1-~A~~~ Failure of wy stern above, constitutes FAILF,D VEI3ICLE ASE Certified Mechanic: (print name and sign} Date; Inspection Station Name ~ Address: ASE Certification Number. W 171t:C: PBC Consumer Affairs. ~C11O W; ASE lnspzction Station. Plnlt: Vehicle for Hire Company neaa~a:rannr.+vr'wramis vrtm~rttnsest.-ft,~st~ so„re.,aat-asa~s Larry A. ~Carns, City Attorney (561) 586-1631 FAX (661) 686-1636 l~l~ T~: Honorable Mayor, dice Mayor and City Comrnission~rs FCC Paul G. i3oyer, Jr., City tanager D~~'~.: l1Aay 17, 2~?t~5 ~~.J J~CT: Request of Union Gab of Palrn Beach Gounty, lnc. #or 10 taxi permits It is rec€~mmended thae the Commissic~n approve the request of Union Gab of Palm E3each Gooney, Inc. for the issuance of 10 taxi permits. I~ I~ATI~ Union Gab of Palm beach Gooney, Inc. presently does not have any taxi permits, but has requested the issuance of 10 permits. The Police Department has approved this request. City ordinances provide that permits for taxis muse be approved by the City Commission. Accordingly, this request is presented for Corr~missit~n approval. PE~~~ I PACT: The issuance of the permits will enable union Gab of Palm Beach County, lr,c. to begin operations within the City by having 10 taxi permits. FI~C 1 ~Te The issuance of the permits will result in the City receiving X1,207.50 0120.75 x 10) in license revenues each year #or the permits. ~.~c~r~mnd~~ by: ~ . aul G. ~rsy~r, .fr., ~ er I a ~, `~ R1 O 4 C5~ O O C'~] {J, (~ 4/ W~+ pp~~ Vd ~ ~ c~ ~ ~ °~ ~ ~ ~, ~ ~ c ~. ~ as ~ ~ ~ ~ { ~ ~ ~, ~ ~ ~ ~ ~ ,~ ~ c 0 u~ ° ~ ~ ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `~ o ~ ~ ~ ~ ~ ~ ,~ ~. ~ ~ ~ ~ ~ +~ ~ ~ ~ ~ ~ ~ ~ .~ ~ U p S~ ~ ~ ~ tll m ~ ~_ ~ ?. ~ C ~ CJ ~ N r~ r~ ~ a1~ ~ ~ ~•'t ~ ~ - ' ~ O P ~+ ~ Q ~ ~ ' Q3 ~ ~ ~. - U 'F' t7 ~ ~ ~ ~' ~ f.> ~ O 4 ~ ~ ~ ~ ~ ~ ' tJd ~ ~ ~ p Q) ~' ~ ~ ' Q a ~ , y S ~ a ~ ~Jy ~ ~ gy .. V C~ pp~~ ^P1 ~ ~ . ~ ~ (n ~ :L i .J ~ ~~ ~ ~ ~ ~ ^`` ^ ~ W h-i ~ ^ ^ V ~w L.,. .~ ~ ~ 1 ~ i ~ `F Q~ ~ $ y{ SV '~ ~ ~ ~ ' 6 VJ • ~~y i b [C © d--1 fT~ v ~ a~-i `~ ~~ ~, ~~~~~~ C~ ~ Qd ~ ~ Q ~ f~ Y'Y ~N p~~y{ ~ L q~~ ~_ cwt 0 ~~ a c c~ 0 u~ ~ ~. ~ Q c~ ~' . ~ vi ~, c~ a~ .{- 1 ~~ .~, -_.. ~".~,T~ -=_~.~ L~``"-~, ~~y `1 ~~ _ `~ ~'° '~ ->~,.~~ '~~ .y _:., _d ',. ~ ~~ ~' t°1 j ~~ 4 Alarm Services: Savings and Revenue Officer Peter I. Sosa 912 Budget Review Contest In these "tough economic times" private and public agencies have to develop ways to not only save money, but to increase revenue. The City of Delray Beach is not immune to this financial crisis as we can all see and feel the hardships employees have to endure. As we struggle through, I think that fundamental changes in policy will have to be established for the greater good in order to keep the local government afloat -even if it means that small user fees have to be imposed for services that are usually free. For this reason, I am proposing a two pronged approach which will not only bring in a significant amount of revenue, but it will also save the city a significant amount of money. The two-fold approach consists of two actions which the city government will have to act on. The first approach is to charge residents and businesses for accidental AND malfunctioning alarm activations; the second, is to close down the alarm unit located in the police department-which will be one less expenditure for the city. I know that there are loosely applied fines to repeat false alarms, but in reality, if those fined are not paid, the city will do nothing about it. That is why I propose that the city government enacts a City Ordinance establishing that accidental and malfunctioning alarms be fined a CLASS 1 charge of $50.00 on the first occasion an officers arrive at the scene of a accidental or malfunctioning alarm. Alarm activations are out of control within the city and this fine will surely ensure that businesses and residents establish proper procedures for their alarms in an expedient manner to cancel police response. According to the crime analysis unit of the police department, there were 418 priority 1 alarm calls and 5350 priority 2 alarm calls for a total of 5768 alarm activations in 2008. That is an average of fifteen (15) calls for service aday -just in alarms! Needless to say that actual burglaries or actual fires or actual panic calls for service would not be charged; calls in which officers are cancelled before arriving and weather related activations would be exempt as well. Doing some rough math, charging for 5000 accidental or malfunctioning alarm activations would bring in $250,000 a year in revenue without having to invest in anything except the creation of a city ordinance. If the ordinance is created, an officer responding to an alarm can then issue a City Ordinance Violation (COV) for $50.00 -leaving the current "alarm process" obsolete! Alarms will be recorded through dispatch (as they already are in our CAD system) AND the recipients of the COV will be able to challenge the citation just like any other fine. The "alarms section" of the police department would be dismantled since activations will be handled as a COV. Shutting down the alarms section would not only save the city a significant amount of money, but it would also give extra office space to other areas that might need it. I understand that creating a local ordinance and shutting down an office is a pretty significant change for the city. But, there will be little to no investment and the revenues are guaranteed. Everyone that has an alarm registered with the city can be given proper notification that October first (or January first) there will be fines applied to accidental or malfunctioning alarm activations if the officer arrives on scene. With this proper notice alone, I think that alarm activations will lower significantly. The outcome of changing the fundamental way the city handles alarms will result in at least six figures of revenue a year and six figures in savings by closing the current bureaucracy that is the alarms section, With these incentives, I believe this process should be examined at the very least. 'h } tt~ ~~:8 ~ ~.,_ , .~' ~ ,;~ , , _ `may Delray Beach Revenue Ideas Contest zoo9 Vera Michele Woodson X885 Pa{m Cove Blvd. ~o-~.oa Delray Beach, Florida 33445 vwo.p~so n~ve,~:i_~~z~.~net Cell: 7o3.7z5.774~ :.;; - +h` {~k. yS'~~y. Delray Beach Revenue Ideas Contest zoos On-going revenue tourism; Cost: $4.Q0 bulk order/ Detail: $15.Qt7 Official Delray Beach T-shirt sold at all apparel(touristouclets (including hotels, and Starbucks) Suggestion for graphics ~- Must appeal to age 25 - 4S _ update official shirt to Hollister quality and selection l..ogo: Back necl< center ~: .; e - - ~i Front left vertical a e m Total Protected revenue: Q~- ~00o shirts sold - $»,ooa q2 -Soo shirts sold - $550.00 43- Sao shirts sold ~ $SSo.oo qq. -- ~ooo shirts sold - $1,000 Tofial projection: $23,io0 Delray Beach Revenue ideas Contest zoog Battle of the Bands Cantest: December zoog open invitation fio lacal bands to compete fora $~000.0o cash prize (caliected from local business advertising an Downtown Delray Beach website) Battle of the Bands Delray Beach zoog ~~ 'tea-._'3_~u ,_ Held at the AtA intersection between 6:00- to:oo (open to all) Dr at the Delray Beach Tennis Center Cost per ticket: $3.00 Ticket avaiiability: boo Fatal Projection: $z4,50o.ao if a two day event: $49,ooa.0o Voting heid through MyDeirayBeach.cam website featuring Deiray Beach T-shirts and Battle of the Bands apparel. Increasing muifiiple Deiray Beach purchase potenfiial. Review hfifip:JJwww.rockhaii.cam/fortunebatfile betray Beach Revenue ideas Contest aoog Delray Beach Poetry by the Sea Held on the Beach at dawn With the beach as a bad<drop: No cost to the city, but Increase revenue through dinner reservations and increased traffic along Atlantic Ave. and parking casts. }ncrease of foot traffic: ~ oo+ people (average $3o.ao dinner experience) Total projection to restaurants: $3aoa.oo Second location option: Old Schaal Square T-shirt logo options: t~oetry lr~ the Village by the Sea t' ~, r ,. ;.`~ Delray Beach Revenue Ideas Contest z00g Revenue items: Downtown Delray Beach Parking Pass: Sold to residents $5o.ooJyear (adhesive decal} Used at parking locations and structures around the powntown area (excluding meters) Revenue potential: possible 30o residents x $5o.ao/year = $~5,00o annual The Taste of Delray: Last week in June Sell Advertising space and booi<let for participants and customers to "sample" restaurant offerings. Coupon sample Booklet cost to print: $S.ooJ book Coupon Booklet retail: $~5.ao Excluding fees and employment costs: Margin revenue $10.00 Potential revenue: ~ooo coupon books = $ ~o,ooo ;~~, ;.t, ~} Delray Beach Revenue Ideas Contest zo0g Total Revenue and savings: dfficiai Delray T-shirt: $z3,lao.oo Hattie of the Bands: $q-g,aoo.oa Poetry by the Sea: $3,ooo,ao Parking Pass: $15,000.00 Taste of betray: $10,000.00 Total Protection: $100,100.00 x ~ ~ `~~ ~ ~ ' ~ ~' ~ a~sij ~ .-' r pax ~ulaissinn to erne ~ eve~ae Con~~st Rest use a~° ~ l~st~e use n=~ ' pass lip an ~n spuds ~ ~d~~~~ nais~ lv~ls, uh_~itt~d by, Reei_na cklo-nd 613 7~E 3'~ Ave. Delray beach, FI, 3344 702-337-~$~ 1 ginaNflorida(~r7hatmail.can7 Aug. 15, 200 't`his may hat sauud like an idea that will increase revenue but it would help cansiderably with peaple willing to rent or purchase real estate located near trash tracks. As you call see by my address the freight trains {hat tho TriRail) run literally through nay backyard. I have lived hart 3 years and have rnastly adapted to the noise, but sorsre engineers insist on laying on the tr~ai~ whistles durt°ing the midnight to early morning runs, Alsa the candstian of the tracks and. high. speeds of the tram make thunderaus Heise that shakes hawses to the foundatian. l have leaked at the high priced conchs being built by the train tracks and wandered. wha waald pay so much maney to live thexe. ~Iucl~ of the unoccupied ar vacant prapexty is in class prax..imity to the railraad, Future develapment and accupancy may be at risk if the Czty dace hat take steps to reduce trai~~ noise. Help residents protect and hapefully increase their prap4rty values by imposing noise regulations an the railroads that operate thraugh Delray beach. `l'he pity ot'Baca Raton has done this and Delray e.~ too. mare residents, mare revenue. 'ssia v use i ~~~ ppe ~~e l~ditia~ta ~~a ~p~~°~v~~ b~ Cit~r c~iss~~n~~~ can ~~ stead ~nrse ~~~ ~fl~~t-iy ~vn. t~ ~ ~edeslr-~ ~ ffi Submitted by: I~egir~a Ecklund ~ 13 ~~ Ord .'eve. Delray ~cach, FI, 33~~1 2b2-337-D~S1 In large part rray idea tt~ generate revenaae for the City of I3e1-ray Beach really appiics to better allocation of fiarads, Federal, State, and i.ocal. T received the 3uly ``~Iew for Rleaigl~lorhoods" newsletter and read tlae article e;onceraaing the US 1 Safety 1Vlodi~cations and e fact that the City Comraaissioxaers have voted to proceed with tlae rnadifica#ion. T find this a ~'oalish nse cif Federal, State and lacal funds, taxpayer dollars na matter how you slice it, at a time when such an unneca;ssar,~ expenditure is irrespod~sible. I Dave not tall4ed to gray residents or o#laers using or seeing tlae current temporary US 1 staked areas liraaiting use of the additioatal traffic lave who see any logic or need for the $l 1 million change that is planned. ~iThiie the intent is stated as, "ianroving traffic safety (reduce crashes), controlling vchic;ular speeds, beautifying the corridor with trees and landscaping and creating a pedestrian-friendly environment," I fail to s how any of the facts gathers-d fr€~tn the year-long study justify this project. The study seeress to leave exarninevd trat~c, violation and accident statistics only, vrith absolutely no inptat by residents. I c=annot hegira to tell you the number of times, because I stoplsed counting, that I have encoaantered a confused driver heading in the wrong dircetion on the section of US 1 with the very Iianited current 1ef1:1aiies. These drivers have to go at least one ear two blocks driving into oncoYning traffic before they can turn. It is horribly dangerous and accidents have beer avoided only because those of us who drive aJ~ 1 are very aware o{this problem. I'm sure US 1 was not always 31ane;s or even 2 lanes in both directions between SE lfl~' St. and George I3nsh ~aulevard. It would be very interestiTag to know how much money has been spent over the years to "wide;n" IJS I, undoubtedly jus~ti~ed as irraproving tral=Fic #Iow and reducing crashes. additional in the event of a hurricane and evacuation of eastern 5. Florida areas, it does not take a genius to know that when I95 becomes clogged with nortlalound ta-affac, US 1 will be one of the main alternatives for fhousands of residents attempting to leave the coastal area. ~,nd L`~elray will Be making that worse but limiting traffic flow through the City. I seriously doubt that the, Char~aber of Cos~runerce; thinks that `she U5 1 project will add to the revenues of local businesses. There are very few businesses in the arcs involved and very few of those that would see an increase in pedestrian traffic along US 1. ~rayone local can tell you that vca°y few people are seen out tivalking US I north: of the Fal;,oai llousc, Take a. Toole: at the shops and restaurants in I?ineapple t"srove. There lags been veay Iinaited success in Businesses tlas~re and a lot of ia]vestment has gone into that a~•ea. There is not enough demand to cr~;ate such a retail area along ITS I . I rut3 eancerraed about my personal safety, from mugging and rrabbea3'9 and do r~o#walkalongLTS 1. As for beautification with trees anal green space this is just one raoro place to rewire ongoing limited city funds for planting and n~air~tersance, not to mention the need for tivaterin from a city `eater supply that imposes watering bans or li~rits for its residents. The Csreater Delray l3eacl~ Charttber of Cou~merce needs to take a stand and serio,~sly loop at how this project will do little to support local business owvners or encourage. new businesses to move into the area. Instead of supporting the 1.75 I project speak up and present the City Commissioners with an alternative plan. I suggest the Delray Cher of Cueb propose ~ ~#l~~~~ Avenue ~ peesla- onliy a~°a~ bin S t~ aa~~3 CIS I. It is obvious and apparznt to auyane vrJ~o attends Delray festivals and events, that close Atlantic Ave. to vehicles, that people turn oaat in droves to leisurely walk on Atlantic Ave. a~td support locax shops and restaurants. It is beltting do~right dangerous as popular restaurants have taken over the sidewall~s far table space and restricted pedestrian space. I have beers a resident of east Delray for over 3 years and l will rac~t drive on Atlantis Ave. east of Swinton. It avou Id be wise to get traffic off that pa~°# of Atlan#ic and develop Dais or ~ east/west alternative motor traffic routes. Live the drivers of the big, noisy motorcycles and extensive sport cars somewhere else to show off. wive the Ave, #o #Ise Feop1~S This would be a better t~se of ta.~payer dollars that would generate local revenue, give the residents and visitors to Delray sorueplace to enjoy instead of adding to everyone's frustration by restricting tz-affic on US 1. ~ ., ,T .~' ''.: ` 1 CC ~ ~3 sj ~ ~~.I ~ J ~~ 1 a z /~ Y4 I <, V ^~ 1 } - - '~~=: a , . ,~ 5 ,, ~, ~~ `_~ ~ - , ~_ - y ~ -_ = .~ ~ ~ ,_ '~ ~ tip, ~~;~ DRAY EACH A~, F" AMA LCLL.GLLl29 CL ~L] Q.C~t /. - - - ~12~ 'L LG~ Ci.~ L2. LYYL~ A new memorial is making sure memories live on. Purchase a brick, and you can honor anyone you choose. Bricks can range in price from $250 to $300. -Leave a Leeacy Take an opportunity to honor someone who has made a difference in your life or community The City of Delray invite you to be a part of Delray Beach Walk of Fame, "Building aLegacy-One Brick At A Time. The Walk of Fame consists of a square of engraved bricks with whoever desires to become a Legacy with our community, With a minimum donation of $250.00, you may choose an individual, family or group name to be inscribed on one of these bricks. Tentative Budget: Bricks (purchasing brick and print on brick) _ $20 per brick = 2,500 bricks x $20 =$50,000 City Employees laying bricks = $25 per brick x 2,500 = $62,500 Selling of Brick 2000 x $250 = $500,000 (regular print) 500 x $300 = $150,000 (different type of printing) Total bricks: 2,500 Total Expenses: $112,500 Total Revenue: $650,000 Total Profit: $537,500 ~ommunl~ ~~ion~.o¢~,~il`i C~~i fio¢turzi~ Yearly Sponsorship • Business name listing on City of Delray Beach Website • Sponsorship listing in preprinted materials • On site signage Investment: $1,000.00 • Business logo on City of Delray Beach Website • Branding/Sampling opportunities in the participants package of Delray Festivals • Sponsorship exposure in preprinted products • On site signage • 50% discount on booth space in City of Delray Festival Investment: $2,000.00 • Business logo on City of Delray Beach Website • Branding/Sampling opportunities in the participants package of Delray Festivals • Media exposure in print, radio and N • Participation in vendor support printed opportunities • Exposure on official video production of candidates • On site signage • 75% discounts on site booth space package of Delray Festivals • Participation on Website (link in with the City) Investment: $5,000.00 Tentative Profit Budget: I. 20 Sponsorship x $1000 = $20,000 II. 20 Sponsorship x $2000 = $40,000 III. 10 Sponsorship x $5000 = $ 50,000 Total = $110,000 City of Delray Tennis Center Concert Series One trial visit to your location can tell you the feasibility and entire cost of your proposed event. The money is in Concerts/Festivals, not risky concerts. That right concert in the right place and the right time of year will provide the organization with an annuity that only gains in value throughout the years. While the principal reason for a concert is the opportunity for the musicians to perform in front of an audience, even the most purely artistic of endeavors will see gains. An attendee will probably see the musicians perform again if the concert was worthwhile. The KEY to raising funds is bringing in someone that interest your community.... Proposal Five (5) Concerts a year at the Tennis Center I. Jazz/Oldies ex:(O'Jays ) II. Pop ex; (Jonas Brothers) III. R & B ex: (Jill Scott) IV. Gospel & Christian V. Country ex: (Wynonna Judd) - Concerts should last for about 4 to 5 hours .... - City would need to find artist that is $50,000 or less for the first 2 years... - Concerts ticket prices range from $30 up to $150.,.Purchasingthe tickets from the City. Tentative Budget Information Tennis Center Seating is 8600 -- - 1 ~ Artist - - (All Inclusive)Hotel, Transportation, etc... 55,000 Security 15 officers x $60 x 6 hours 5,400 Event Staffers 75 Event Staff x $15 x 6 hours 6,750 Tennis Center 3,000 Stage & Lighting 10,000 Misc Food RSVP Room 1,000 floor Seating $150 x 200 people $30,000 1"` Level Seating by stage Both sides $100 x 300 people $30,000 1st Level not by stage $50 x 2000 people 100,000 All Other Levels $40 x 3000 people 120,000 Vendors $250 per booth x 40 booth 10,000 ~.i ~F ~ ~~~y~~~.~~ $280,010-$81,150 =Total Raise $198,860 Concerts $198,860 x 5 #imes a'year =:$994,300. =H. ~ ~ _ ~ / t+-' I ~jf t~ J (j a // ~! 1 j ~p ts~LU~ se*..~L4i.'vY.-3~ P _ y? - If i ,/( ~` yp tJ ! r _ ~~ ~,{/ ~ ~ ~i_b ~ _.'.~~'` "'-~'~-- Fri,"'~7,~'.~ C ,G` r'e7- t~ ~L~~ Gy `ti' if (J•` ~~~- r°}` r/~ - .t.ii-C,."~ ~~-d.t:~.P-^~.~k"~:~ .'t'"a°",~5~ ~ C~°'E~r-~~~ ~.6? ~ r -~--- t^J j.~.£~~. ~°},'(sca.f.~" /' 1 ~~1 ~....~c Lv'tiC... ~-' Y +' '~~""y~."~~L.aj L~ 6"~.,,.~'?,,~'l~-p;`-"fit 1~-~, V.des~.-$-~f -~ 5 1 ,,fl ~ L1~G~ p y ~ ~"€~~.,~, ~' ~,~-ter.<-~t~-~ ~~ ~ ~`t.~--~~ ce (~.~ f ' 1 ./b' a~.~3~~=- YU}F 7 i 3 ~ 't7 " ) ~. ,~~ ~ y y~e~ 6y~ i C~,~~.L~~ ,~.~ (? ct~.L-,i-t~ _ ('~'°`t. ~~~~'~~e~.-C-~~.~(.~., `~`` U a ._ ~ i~'``L wi ~~ ~' ~--~ - _~~ ~~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 14, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 RESOLUTION N0.52-09 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/212 SEABREEZE AVENUE) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 212 Seabreeze Avenue. The development site includes Lot 21, and the West 35' of Lot 22, Delray Beach Esplanade, and is located at the northernmost end of Seabreeze Avenue. BACKGROUND Prior to the recent improvement, the structure contained 2,750 square feet. The original structure (limited to the second story portion) was built in 1955, while the first story portion was constructed (enclosed) below the original elevated structure in 1981. Named for the original owner, Sewell C. Biggs, and designed by architect Paul Rudolph, the structure is representative of 20th century regional modernism tailored for the Florida environment. At its meeting of July 5, 2005, the City Commission passed an ordinance that listed the subject property on the Local Register of Historic Places. At its meeting of October 18, 2006, the Historic Preservation Board approved COA 2006-454 for atwo- story, 1,936 square foot, handicap accessible addition to the existing structure on the south elevation. The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on August 26, 2008. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their October 7, 2009 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value before and after the eligible property improvements. The applicant is now before the City Commission for approval of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. ANALYSIS The request contains qualifying improvements under LDR Section 4.5.1(M)(5)(a)(i)-(iv) and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The Final Application includes documentation of all costs incurred during the project, and the Historic Preservation Exemption Covenant. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on August 26, 2008. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of October 7, 2009, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures for the qualifying improvements total approximately $500,000. The tax abatement will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, "Final Application Request for Review of Completed Work" for site improvements to the property located at 212 Seabreeze Avenue, Individually Designated, based upon positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 52-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO VIRGINIA COURTENAY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 212 SEABREEZE AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on October 7, 2009, for an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 212 Seabreeze Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on October 7, 2009, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Virginia Courtenay for the restoration, renovation, and improvement to the property located at 212 Seabreeze Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 212 Seabreeze Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Virginia Courtenay, for a ten year period, commencing on 1/1/10, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/10 - 12/31/19, resulting from the renovation, restoration, and rehabilitation of the property located at 212 Seabreeze Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2006-454: Lot 21 & West 35' of Lot 22, Delray Beach Esplanade, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, Virginia Courtenay, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 200_. MAYOR ATTEST: City Clerk 2 Res. No. 52-09 DOS FormNa. HR3E101292 Revised 09/03/00 ~ - r ~ ~ ~ PART 1 APPLICATION REVIEW For Local Historic Preservation Office ar Division Use Only Property Identification Number ~r~ ~ ~~/~ ~~~D~ ®°~1 Property Address ~1~ ~3f~ ~~~- The {~I.ocal Preservation Office ( }Division has reviewed the Historic Preservation Property Tax Exemption Application far the above named property and hereby: (~ertifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.3.997 {31), F.S. (}Certifies that the above referenced property does _n_ _o_t_aualify as a historic property consistent with the provisions of s. 196.1997 (11 }, F.S. ()Certifies that the above referenced property aalifies for the special exemption provided under s. ] 96.1998, F.S., for properties occupied by non-profit organizations or government agencies and regularly open to the public. Additional Review Comments attached? Yes{) No~ Signature (,~iY Typed or A~pr//int~~ed//name - l ~~. ~1~ Title _C7`~~TT~I'1~G ~~/~se~~-7 .. -~~~~ Date (}Certifies that the above referenced property does not qualify far the special exemption provided under s. 196.1998, F.S, DOS Form No. HR3P101292 12evised 09/03/40 PART 2 APPLTCATYON REVIEW For Local Historic Preservation Office ar Division Use Only Property ldcntification Number ~ ~',~ /[~~~~ Property Address ~ ~ ~'~~ ~'[~`~ ' The (p~I,ocai Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: Determines that improvements to the above referenced property are consistent with the 5ecr_etaty of Interior's Standards for Rehabilitatian and Guidelines for Rehabilitatin Historic Buildin s, and the criteria set forth in Chapter 1A-38, p'.A,C. ()Determines that improvements to the above referenced property are not consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter d A-3 8, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria are identified in the Review Comments. Recommendations to assist the applicant in bringing the proposed work into compliance with the referenced Standards, Guidelines acrd criteria are provided in the Review Comments. Review Ca-nments: Additional Review Comments attached? Yes() No(~ Signature l/ Typed or printed name ~ ~(/e~: f~-2 Title ~ ..-----~~ ,}~Lr Date DOS Form Na. HIt3E [ 01292 Revised 09/03/00 Upou completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings) to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ir-lc. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request far Review of Completed Work. 1. Property identification and location: Property Identification Number: ~~~ ~8 d~~ ~c~-1F~ Address of property: Street City _ ~~ _ ~ County ~j Zip Code _ " ~T 2. Data on restoration, rehabilitation, or renovation project: Project starting dater] ~° Project completion date: ~ ~~ Estimated cost of entire project: $ ~~ •~Q e~ o Estimated costs attributed solely to work on historic buildings or archaeological site: $ 3. Owner Attestation: I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted for this project. I attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s, and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Worlc (Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is /subject to criminal sanctions pursu nt to the Laws f Florida. 1 ~~rratR ,mot ~{~t?d~ 4-n> t 0 r !~ `'4 Narne Signature ate Complete the fallowing if signing for an organization or mud ple owners (See next page fo a ditional awrrers): Title Organization name Mailing Address City State Zip Code Daytime Telephone Number DOS Form Na, HIt3FtQ1292 Revised 09/03/00 ' ~ '- e r ~ List Additional Owners: Name Street City Name State Zp Code Street City Name State Zip Code Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet ofpaper. RTV1L+'W ()~' C'C111~II'LL'1'Lll W(~RI FEII- Local Historic Pr•eser-~-atibn [)fi!ace or lli~~iSon LTsc Or~l•c- Property Identification Number ~~.- ~~ Property Address ,~ The {~ocal Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed Worlc) of the Historic Preservation Property Tax Exemption Application far the above named property and hereby: termines that the completed improvements to the property are consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin Historic Buildin s, and other criteria set forth in Chapter 1A-38, F,A.C., and, therefore, recommends a royal of the requested historic preservation tax exemption. (}Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation, ar~d Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA 38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: X46 d/~~ DOS Porm No, HR3 F 101292 Revised 09/03/00 ' - °~ ~ ~ . ~ Additional Review Comments attached? Yes{ } No Signature Typed or printed name Title Date DOS Form No. HR3E111292 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant is made the 20th day of October, 2009, by Virginia Courtenay, (hereinafter referred to as the Owner) and in favor of the City of Delray Beach (hereinafter referred to as the Local Government) far the purpose of the restoration, renovation or rehabilitation, of a certain Property located at 212 Seabreeze Avenue, Delray Beach, Florida which is owned in fee simple by the Owner and is listed in the National Register of Historic Places or locally designated underthe terms of a focal preservation ordinance or is a contributing property to a National Register listed district or a contributing property to a historic district under the terms of a focal preservation ordinance. The areas of significance of this property, as identified in the National Register nomination or focal designation report for the property or the district in which it is located are X architecture, X history, archaeology. The Property is comprised essentially of grounds, collateral, appurtenances, and improvements. The property fs more particularly described as follows (include city reference, consisting of repository, baol<, and page numbers): Property Control Number 12-43-46-16-18-000-x210, Lot 21 & West 35' of Lot 22, Delray Beach Esplanade, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and #or Palm Beach County, Florida, recorded in Plat Book 1$, page 39. Inconsideration of the tax exemption granted by the Local Government, the Owner hereby agrees to the following for the period of the tax exemption which is from January 1, 2010 to December 31, 2019. 1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property so as to preserve the architectural, historical, or archaeological integrity of the same in order fio protect and enhance those qualities that made the Property eligible for fisting in the National Register of Historic Places or designation under the provisions of the local preservation ordinance. 2. The Owner agrees that no visual or structural alterations wilt be made to the Property without prior written permission of the Local Historic Preservation Office. The address of the certified Local Historic Preservation Office is, if one exists in the jurisdiction: City of Deiray Beach, Planning and Zoning Department 100 NVII 1St Avenue Delray Beach, Florida 561.243.7284 uivision or histonca[ Kesources R.A. Gray Building, 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone Number: (850) 487-2333 3. [Only for properties of archaeological significance] The Owner agrees to ensure the protection of the site against willful damage or vandalism. Nothing in the Covenant shall prohibit the Owner from developing the site in such a manner that will not threaten ar damage the archaeological resource, provided that permission for alteration of the site is obtained pursuant to 2. above. 4. The Owner agrees that the Local Historic Preservation Office and appropriate representatives of the Local Government, its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions of this Covenant are being observed. 5. In the event of the non-perFormance or violation of the maintenance provision of the Covenant by the Owner or any successor-in-interest during the term of the Covenant, the Local Historic Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall take action pursuant to s.196.1997 (7), F.S. The Owner shall be required to pay the difference between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s.212.12 (3), F.S. 6. If the Property is damaged by accidental or natural causes during the Covenant period, the Owner will inform the Local Histnric Preservation Office in writing of the damage to the Property, including (1) an assessment of the nature and extent of the damage; and (2} an estimate of the cost of restoration or reconstruction work necessary to return the Property to the condition existing at the time of project completion. In order to maintain the tax exemption, the Owner shall complete the restoration or reconstruction work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the Local Historic Preservation Office. 7. If the Property has been destroyed ar severely damaged by accidental or natural causes, that is, if the historical integrity of the features, materials, appearance, workmanship, and environment, or archaeological integrity which made the property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or so damaged that restoration is not feasible, the Owner will notify the Local Historic Preservation Office in writing of the loss. The Local Historic Preservation Office will evaluate the information provided and notify the Owner in writing of its determination regarding removal ofthe Propertyfrom eligibility for tax exemption. If the Local Historic Preservation Office determines that the property should be removed from eligibility for tax exemption, it will ratify the Property Appraiser of the county in which the Property is located in writing so that the tax exemption can be canceled for the remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against the Owner. Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or damaged deliberately or through gross negligence of the Owner, the Local Historic Preservation Office shall notify the owner in writing. For the purpose of this Covenant, "gross negligence" means the omission of care which even inattentive and thoughtless persons neverfail to take of their own property. The Owner shall have 34 days to respond indicating any circumstances which show that the damage was not deliberate or due to gross negligence. If the Owner cannot show such circumstances, he shall develop a plan for restoration of the property and a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner shall complete the restoration work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the Local Historic Preservation Office. If the Owner does not complete the restoration work on the agreed upon time schedule, the Local Historic Preservation Office will report such violation to the Properly Appraiser and Tax Collector who shall take action pursuant to x.196.1997 (7), F.S. The Owner shall be required to pay the difference between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s.212.12 (3), F.S. 9. The terms of this covenant shall be binding on the current Property Owner, transferees, heirs, successors, or assigns. This Covenant shall be enforceable in specific performance by a court of competent jurisdiction. OWNER: ame ame STATE OF Florida ~ COUNTY OF Palm Beach } !~~1 ~~d ~ at~~ at~~ The foregoing instrument was acknowledged before me this /~ ~ day of dc~~c~6~i2 , X009 by_ v r!-ZG~~/ i!~ u~, Co-y/~ y'~ ~/~I y ,who have produced as identification (if left blank personal knowledge existed). `U>l/(~~ ®m¢¢¢sa.m¢¢¢¢®¢¢¢sns~soeacas~¢e¢s¢a¢¢~ae~exasu+, aEr3~cc~s. srauxsrrr. ~ m ~5 No ary Signatur ugi~ ~itet c4?~Bf61~ Or30702869 =~ Expires SI$l2011 ~~~ ~~~~ ~~~,., ~n~ Printed name ~l9l1l1~~ ~.n n.... ..,... ... . ~ . .1.-. m..,. .._. 9..%%09.9844 <t0®059 LOCAL GOVERNMENT: City of Delray Beach 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption 2006 Before Improvements Front (South) Elevation Facing East, Location of Addition 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption Facing Front Elevation, Looking Northwest, From Location of Addition Rear (North) Elevation, No Changes With New Improvements 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption 2009 After Improvements Front (South) Elevation of Original Structure, with New Addition Side (West) Elevation of New Addition 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption Entry to New Addition, Facing East View of New Addition from Entrance of Original Structure, Facing Southeast 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption New Steps and Rail at Original Structure; Elevator Shaft within New Addition Facing West, Connecting Bridge (Addition), Original Structure to Right 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption Facing South, Addition in Backgroun, Original Structure to Side Second Story Balcony of Addition 212 Seabreeze Avenue, Sewell C. Biggs House Ad Valorem Tax Exemption View of Original Structure showing Addition Connection MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: October 9, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEPT ITEM BEFORE COMMISSION Approve an agreement with the Florida Department of Environmental Protection resolving the matter of accidental release of wastewater as a result of a breach on Lift Station #18's force main, located on Andrews Avenue near Lowry Street. As satisfaction of civil penalties for violating Rule 62-604.130(1) of the Florida Administrative Code and Florida Statutes 403.161(1), the City agrees to perform an in- kindproject in the amount no less than $15,000, plus an administrative fee of $500.00. BACKGROUND In April 2009, the City awarded a contract to Downrite Engineering, Inc. to construct the reclaimed water transmission and distribution system on the City's Barrier Island, from Atlantic Avenue north to Beach Drive. Portions of the project consisted of constructing a16-inch transmission main along Andrews Avenue north to Beach Drive. To minimize the number of trench cuts, the contractor utilized directional drill methods for installing distribution mains and individual services connections. On June 2nd 2009, during one of these directional drill operations, the existing 10" force main from Lift Station #18 (located near Lowry Street) was pierced, releasing an estimated 50,000 gallons of wastewater. The City of Delray Beach promptly notified all appropriate agencies of the incident and proceeded with corrective actions. Within two hours of the incident, the pipe was repaired. Cleanup and testing followed immediately thereafter. A fact finding meeting to review the incident was held at the DEP's West Palm Beach office on August 19th, 2009. In summary, their investigation concluded that the contractor was not responsible for the incident; however, the City bears some liability for not thoroughly locating its utilities. Subsequent to this meeting, the Department issued a letter dated September 22nd, 2009 to the City for a Proposed Settlement. Total civil penalties assessed the City is $10,500 ($10,000 penalty, plus $500 administrative fee), however, the City has the option of proposing and completing an in-kind project in the value of at least 1 and i/z times the penalty amount, thus in the amount of $15,000. Staff feels the City would be best served with choosing the in-kind project as settlement. Therefore, staff is proposing the purchase a portable ground penetrating radar system to improve the accuracy and thoroughness of our utility locations. Since the City does not possess equipment with this technology, the purchase of this system would improve our locating capabilities. The proposed unit will allow a technician to locate utilities in non-conductive conduits as well as conductive conduits, capable of surveying utilities to a buried depth of over 26 feet, provide accurate topographical views of utility conflict areas, and will have utility mapping capabilities that are compatible with our GIS software as well as our future asset management program. The estimated cost of the system will not exceed $25,000. A brochure of a typical unit being proposed is attached. Pending approval of this request, when the equipment selection is finalized and the procurement process established, a future agenda item will be submitted for Commission approval for the specific equipment purchase. FUNDING SOURCE Funding is available from 441-5141-536-64.90 (Water & Sewer Fund/Other Machinery-Equipment) after a budget transfer. RECOMMENDATION Staff recommends approving the agreement with the Florida Department of Environmental Protection to accept the settlement offer resolving the incident of June 2, 2009 involving the release of wastewater. The settlement offer includes the purchase of a portable ground penetrating radar system at an estimated cost not to exceed $25,000, plus an administrative fee of $500, as satisfaction of civil penalties related to this incident. ~~ Florida Department of Environmental Protection Southeast District 400 N. Congress Avenue, Suite Z00 West Palm Beach, Florida 3340 L SEP 2 2 2D09 Certified Mail#70090960000031235412 City of Delray Beach Richard C. Hasko, P.E., Director of Environmental Services 100 NW 1st Avenue Delray Beach, Florida 33444 SUBJECT: Proposed Settlement of DEP VS. City of Delray Beach OGC File #: 09-3441 Dear Mr. Hasko: Charlie Criss Governor 7etf Kottkan~}~ Lt. Governor iUlichael W. Sole SeeretarY The purpose of this letter is to complete the resolution of the matter identified in the meeting with representatives of the City of Delray Beach and the Department on August 19, 2009. AlI corrective actions required to bring your facility into compliance have been completed as related to the issues discussed in the referenced meeting. The Florida Department of Environmental Protection was informed on June 2, 2009, that over 50,000 gallons of raw wastewater was released on the ground surface and then flowed via stormwater drains to the Intracoastal Waterway. The location reported was near Andrews Avenue and Lowry Street, Delray Beaeh, Florida The Department was informed that the discharge was caused by a broken force main. The Department finds that you are in violation of Rule 62-604.130(1}, Florida Administrative Code (F.A.C.) and Florida Statutes 403.161(1). In order to resolve this matter, and in accordance with the Department penalty matrix, you are assessed civil penalties in the amount of $10,000.00, along with $500.00 to reimburse the Department costs, for a total of $10,500.00. The Department acknowledges that the payment of these civil penalties by you does not constitute an admission of liability. This payment shall be made payable to the Department of Environmental Protection by cashier's check or money order and shall include the OGC File Number assigned above and the notation "Ecosystems Management and Restoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, Southeast Florida District, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida 33401, within thirty days of your signing this letter. In Iieu of cash payment of all or part of the civil penalties, Respondent shall have the option of proposing and completing an in-kind environmental enhancement, restoration or information project. Notwithstanding, payment of the $500.00 for Department casts shall be paid within 30 days of your signing this letter. The value of the in-kind project must be 1 and 1/2 times City of Delray Beach OGC File- #: 03-3441 Page 2 of 4 the civil penalty amount, which in this case is the equivalent of at least $15,000.00. No in-kind credit will be given for the cost of any corrective actions imposed on Respondent by this or any other Resolution. Preference will be given to proposals that involve contribution of material and/or labor to existing or proposed government-sponsored environmental enhancement or restoration projects such as Surface Water Improvement and Management (SWIM} projects. Respondent shall not post any sign at the site after the project has been completed. In the event Respondent chooses the in-kind option, a project proposal, including a schedule for completion, must be submitted to the Department for review and approval within sixty (60) days of execution of this Resolution. The Department will review any in-kind proposal submitted pursuant to this paragraph. In the event additional information, modifications or specifications are necessary to approve the proposal, the Department shall issue a written request far information (RFI) to Respondent for such modifications. Respondent shall accordingly revise the proposal and submit the revised version in writing to the Department within 15 days of receipt of the request. In the event that the Department determines that the in-kind proposal is incomplete after two RFIs, or the Department disapproves the in-kind proposal, or the in-kind project has not been completed within the approved time schedule, the in-kind option shall be forfeited and the entire amount of civil penalties shall became due within thirty (30) days of demand. Your signing this letter constitutes an agreement between the City of Delray Beach and the Department to resolve this matter on these terms. If you elect to sign this letter, please return it to the Deparment at the address indicated above. The Department will then countersign the letter and file it with the Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency action of the Department, which shall be enforceable pursuant to Section 120.69 and 403.121, Florida Statutes. If you do not sign and return this letter to the Department at the Southeast District address within thirty days of receipt, the Department will assume that you are not interested in settling this matter on the above described terms, and will proceed accordingly. None of your rights or substantial interests are determined by this letter unless you sign it and it is filed with the Department Clerk. -0~ City of Delray Beach OGC File #: 09-3441 Page 3 of 4 FOR THE RESPONDENT: 1, Richard C. Hasko, on behalf of City of Delray Beach, HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE. FOR THE RESPONDENT: By: Richard C. Hasko, P.E. Date Director of Environmental Services City of Delray Beach FOR THE DEPARTMENT: Jack Long District Director Southeast District Date DONE AND ENTERED this day of , 200 in West Palm Beach, Florida. FILED, on this date, pursuant to §x.20.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date JL/ L/ MH/ mp Copies furnished to: Diana M. Thurman, DEP /Tallahassee DianaM.Thurman@de state.fl.us Tim Powell, DEP /WPB Tim.Powell@dep.state.fl.us Victor Majtenyi, Deputy Director, Public Utilities Majtenyi@ci.delra~-beach.fl.us Scott W. Solomon, Network Manager Solomon@ci.delra~-beach.Il.us Dave Hebert, FDOH David Hebert@dohstate.fl.us City of Delray Beach OGC File #: 09-3441 Page 4 of 4 NOTICE OF RIGHTS Persons who are not parties to this Consent Order, but whose substantial interests are affected by this Consent Order, have a right, pursuant to Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received} at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Qrder; {c} A statement of haw each petitioner's substantial interests are affected by the Consent Order; (d} A statement of the material facts disputed by petitioner, if any; (e} A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (fj A statement of which rules or statutes petitioner contends requixe reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed; the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received} within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available in this proceeding. ©ELitAY BEACH v 5 o n ~~ RI[-America City O 1993 2pD1 October b, 2009 434 SC;U i ~ ~b`Vd3~T:~?~i E',VE~t~t~~ ~ ~Ei.~~,R`( ~,~~~G€~; f=° C~fi;/~ 334!. (5i;,~ j~43-:~~ 36 g ~l;X (5~1; 243-7~6[} !~~~~~€ravlaeach.c~3~3~ Mr. Jack Long District Director, Southeast District Florida Department of Environmental Protection 400 N. Congress Avenue, Suite 200 West Palm Beach, Florida 33401 RE: Proposed Settlement of OGC File # 09-3441 Dear Mr. Long: The City of Delray Beach has elected the option to canstntet an in-kind project as referenced in your letter dated September 22, 2009. The particular project because it provides environmental enhancement to surface water. Attached are the details of the project along-with a check in the amount of $500.00 to cover the administrative fees incurred by the Department. The City will begin construction of the project as soon as the Department approves the project. Sincerely, Richard C. Hasko, P.E. Environmental Services Director cc: Randal Krejcarek, City Engineer Victor Majtenyi, Beputy birector of Public Utilities Scott Solomon, Water and Sewer Nehvork lvlanager Proposed Settlement In Kind project Ltr to DEP OGC 09-3441 060ctfl9 P ~rtted on ~'ecycted Paper PROPOSED IN-KIND PROJECT TO SETTLE OGC FILE # 09-3441 BACKGROUND: The City of Delray Beach awarded a contract to Downrite Engineering, Inc. in April 2009 to construct a reclaimed water transmission and distribution system on the City's Barrier Island, from Atlantic Avenue north to Beach Drive. A portion of the project consisted of constructing a16-inch transmission main along Andrews Avenue north to Beach Drive. To minimize the number of trench cuts, the directional drill method was utilized for installation the distribution mains and for individual services. On June 2nd, 2009, during the one of these directional drill operations, the existing 10" force main from Lift Station #18 (located near Lowry Street) was pierced, releasing an estimated 50,000 gallons of wastewater. The City of Delray Beach promptly notified all appropriate agencies of the incident and proceeded with corrective actions. Within two hours of the incident, the pipe was repaired, followed by cleanup and testing immediately thereafter. A fact finding meeting to review the incident was held at the DEPs West Palm Beach office on August 19~', 2009. Subsequently, the Department has issued a letter on September 22nd, 2009 to the City for a Proposed Settlement. SCOPE OF WORK: The City of Delray Beach is proposing to purchase a portable ground penetrating radar system to improve the accuracy of our utility locations. Since the City does not possess equipment with this technology, the addition of this system would greatly improve our locating capabilities. The proposed unit will allow a technician to locate utilities in non-conductive conduits as well as conductive conduits, capable of surveying utilities to a buried depth of over 26 feet, and provide an accurate topographical view of the defined area. The system will also have utility mapping capabilities that are compatible with our GIS software as well as our future asset management program. The City feels the purchase of this system appropriately addresses the basis of this incident by providing enhanced locating capabilities to minimize future occurrences of this nature. A sample of the proposed unit is provided on the attached brochure. ESTIMATED COST OF PROJECT: The estimated cost of this in-kind project will exceed $15,000. ADMINISTRATIVE FEES: A check in the amount of $500.00 is enclosed to cover the fees imposed according to the Department's matrix. PROJECT SCHEDULE: The City of Delray Beach desires to reach a settlement and satisfy the requirements of an in-kind project as expeditiously as possible. The City is willing to commit time and resources in completing the above described project within four months from acceptance by the Department. Proposed Settlement In Kind project Ltr to DEP OGC 09-3441 140ct09 rlvm MALA Locking screws when mounting on the antenna 1. Field rugged I P65 hou Hi-speed Ethernet communication 2. Compact, slim line de: 3. Ethernet communicate 4. Integrated electronics 5. Single 12v input for X; and connected antenr Mounts directly onto the antenna l R4~ Fits the 100-800MHz MALA shielded antennas MAL/~ X3MT"" The Integrated Radar Control Unit The MALA X3M integrated control unit is compatible with the 100, 250, 500 and 800 MHz MALA shielded antennas and designed to fit directly onto the antenna. This combined with the built-in electronic design, low weight and compact size make the MALA X3M one of the most compact GPR systems available. An Ethernet link between the MALA X3M and the MALA XV Monitor, or Notebook PC', offers high speed point to point communication for reliable and high quality data transfer. The built-in auto stacking feature ensures optimum data quality at maximum survey speed. The low power consumption offers in excess of six hours measuring time with a standard battery. The convenience of this flexible and modular design means that a MALA X3M based GPR system can be quickly and easily configured for use across a wide range of applications, simply by changing the antenna. This flexible approach offers you an affordable choice to system configuration. You only need to invest in what you need today; however, as your needs change, so can your MALA X3M system. G ' J_ .' G~olU~ilityl X3M unit is connected to either a 250, 500 or 800 MHz antenna which is mounted into the MALE, Rough Terrain and 800 MHz) Monitor /notebook PC' performance -20° to +50°C/ 0° to 120 °F Dimensions: < 1.2 in Antennas antenna, and then the antenna with MALE, X3M control ~~~ MALA XV Monitor or notebook PC on a shoulder /chest ~.~~~~~~~~~ ~v~„~„ ~~u .... ... .... r t .~..d ease ... ..y. Offices use: ~ ~ zs~~s 7'~ ~s.com China: n ~ a From: Solomon, Scott To: Maitenvi, Victor Subject: FW: MALA X3M quote Date: Wednesday, October 14, 2009 1:32:48 PM Attachments: ActMailMeraeO.ana - 1 ~~f MALA Geoscience Ramac X3M GPR Quotation Prepared by: Bill Roach Date: 10/13/2009 Prepared For: City of Delray Beach Water and Waste Dept. Attention: Scott Solomon 434 South Swinton Ave. Phone: (561) 243-7309 Delray Beach FL Fax: Power-Tel Utility Products is pleased to offer the following cost proposal to City of Delray Beach Water and Waste Dept. for MALA Geoscience's RAMAC X3M Ground Penetrating Radar System. The proposed system is configured for the detection of buried utilities, underground storage tanks and other buried obstructions. We look forward to the opportunity of providing you the most advanced digital GPR technology available and to demonstrate our long-term commitment to customer support. Qty Item # Description Price ~ 2- 002492RTC Ramac X3M System with a 250 MHz Shielded Antenna Included: 1 X3M Unit 1 Ramac Monitor XVll 1 250 MHz Shielded Antenna 1 Removable USB storage media 128 Mb 1 Rough Terrain Cart 1 Li-Ion Battery pack 12V 1 Battery bag Li-Ion 1 Li-Ion Battery Charger 2 Monitor Power Cables, 1.2m straight 1 Ethernet Communication Cable 1.8m 1 Ethernet Communication Cable 3m 1 Mala software package 1 Operators Manual Ground Vision 1 Operating Manual X3M 18,725.00 03 Subtotal: $18,725.00 Estimated Freight Costs: 5450.00 TOTAL: $19,150.00 Continued on Page 2 OPTIONAL ITEMS: Qty Item # Description Price 1 18-001007 Object Mapper Processing Software for Windows $1,800.00 ea 1 18-001013 MALA GPS Mapper Software $ 199.00 ea 1 21-004004 Additional Li-ion Batterypack 12 V $ 295.00 ea 1 21-002354 Additional Li-ion Battery Charger 12V $ 185.00 ea Terms and Conditions DELIVERY: 1 - 4 Weeks PAYMENT TERMS: Prior to Shipment TAXES: Not included, responsibility of the buyer FOB: Mala, Sweden (Shipping costs are ESTIMATED in this offer) WARRANTY: MALA warrants that for a period of 12 months from the delivery date to the original purchaser. Mala's produces will be free from defects in materials and workmanship. Mala's obligations are limited to repairing or replacing parts or equipment which are returned to MALA USA, lnc. without alteration or further damage, and which in MALA's judgment were defective or became defective during normal use. MALA USA, lnc. will bear the shipping costs for repairs during the warranty period after a Return Material Authorization Number has been provided by Mala USA, lnc. TRAINING: On-site training at customer facility by Power-Tel Utility Products personnel is included at no additional costs. Additional training is available for $500/half--day plus expenses. VALIDITY: This cost proposal shall remain valid for 60 days. FCC: As of July 15, 2002 new rules promulgated by the Federal Communications Commission (FCC) are in effect regarding the use of ultra-wideband (UWB) technology which includes Ground Penetrating Radar (GPR). The Mala GPR system that is quoted on this document is approved by the FCC. For more information you may access the FCC website at www.fco.eov. Thank you for the opportunity to quote the MALA Ramac X3M GPR unit to you. Please do not hesitate to contact us if we can be of further assistance or if you have any questions. We look forward to the possibility of working with you in the near future. Corporate office: 955 Harbor Lake Court, Safety Harbor, FL 34695 Tel: (727) 725-4751 Fax: (727) 726-3736 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: September 28, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMISSION Amendment to Interlocal Agreement dated August 5, 2008 between Palm Beach County and the City of Delray Beach (Manatee Law Enforcement contract) to increase Officer coverage from 1 to 2 officers. BACKGROUND This is an agreement between Palm Beach County and the City of Delray Beach which permits the City of Delray Beach Police Department to provide marine law enforcement services within estuarine waters of the County during manatee season, beginning November 15th and ending the following March 31st, with reimbursement provided by Palm Beach County. FUNDING SOURCE Palm Beach County (provides reimbursement at the rate of $82.50 per hour). RECOMMENDATION The City Attorney's Office recommends approval. AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH AGREEMENT #R2008-2215 The City of Delray Beach 300 West Atlantic Avenue Delray Beach, Florida 33444 THIS AGREEMENT, entered into on the 5th day of August, 2008, is hereby amended as follows: 1. Article 4 paragraph B. is hereby replaced with the following: During the term of this Agreement, the Contractor shall provide two (2) law enforcement officer(s) to patrol the waters of the Enforcement Area and to enforce all applicable laws. The law enforcement officer(s) shall provide services on Saturday and Sunday for 8 hours per day between the hours of 6 A.M. and 6 P.M. During the term of this Agreement, the Contractor shall provide law enforcement services on any day or times aside from a Saturday or Sunday, at the request of the County. Requests for the provision of law enforcement services on a day or days in addition to the regularly scheduled days or times shall be made at least five business days prior to the date when such services are needed. 2. All other terms and conditions of the Agreement shall remain unchanged, and in full force and effect. This Amendment No. 1 shall not be construed to increase the total amount of funding the County will pay the Contractor under the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the day and year written below. PALM BEACH COUNTY, FLORIDA: CITY OF DELRAY BEACH By: Richard E. Walesky, Director Department of Environmental Resource Management Date: Date: Attest: APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney By: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Catherine M. Kozol Asst. City Attorney l ~` , ~a ~~ ~ ~/ \xoRiQ~' i}epartment of Environmental Resources rilanagement 2300 North Jag Road, 4th Ftaar West Palm Beach, FL 33411-2743 (561) 233.24fl0 FA7f: {561) 233-2414 www.co. pal m-beat h. fJ. uslerm ^ Patin Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Roben Weisman iln ~gua! Oprwrlum'ty ttffirmative.4crion E'mployer° pdntsd on recycled paper August 29, 2008 Officer Andrew Arena Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Officer Arena: SUBJECT: LAW ENFQRCEMENT CONTRACT The Palm Beach County Manatee Protection Plan {MPP) approved by the Board an August 21, 2007, provides funding for additional an-water law enforcement in the County's waterways. I am pleased to announce that the Delray Beach Police Department will be eligible to be reimbursed far this effort. The County will set the reimbursement amount by October 1St of each year. Yau will be notified after this date of the reimbursement amount available far the manatee season, which begins November 15th, 2008, and ends the fallowing March 31St, 2009. Please note that the total amount paid to your Police Department by the County shall not exceed the total amount set annually by the County by October 1St of each year. Included with this letter, you will find a copy of the executed Law Enforcement contract, and a copy of the Law Enforcement Interlocal Agreement Criteria far this program. Thank you for your commitment and dedication to protect the manatees, If you have questions, please call me at 561-233-2400 or Ms. Alessandro Medri at 561- 233-2512. Sincerely, Richard E. Walesky, Director Environmental Resources Management REW:AM:dab Enclosure T;leerlLWLFW~N}anateeslL,aw Enforcement CantractlDelray Beach PD1Law Enforcement Contract }etter 08-09.doc a _• INTERLOCAL AGREEMENT FOR LAW. EIwIFORCENYENT SERVICES BETWEEN PALM BEACS CO1l~NTY AND T'I~E CITY OF DELIR2AY BEACI3 THIS AGREEMENT is made this ~~ day of ~~~~~ ~ , 2008, between the City of Delray Beach of Palm Beach. County, Florida, hereinafter referred to as "Contractor", and Palm Beach County, a .political subdivision of the State of Florida, {hereinafter "County"}, hereinafter referred to collectively as the "parties." WITNIESSETIi VITf-3EREAS, Section 163.01, Florida Statutes, known as the "Florida lnter]ocal Cooperation Act of 1969"' authorizes ]Deal governments to make the most eft~cient use of their powers by enabling them to cooperate with other localities on a ba.s'rs of r»utual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of ]Deal communitiesy and VVkTEREAS, Part I of Chapter 1.63, Florida Statutes, permits public agencies a.s defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and VtirHEREAS, pursuant to Chapter 1~5.O1, Florida Statutes, t;he Board of County Commissioners of Palm Beach County is empowered to establish and administer programs of conservation and to enter into agreements with other governmental agencies within or outside the boundaries of the County for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WPfCRI AS, in Qctober of 1989, the Fl orid a Crovernor and Cabinet directed thirteen {l 3) "key" manatee counties, including Palm Beach County, to prepare a Manatee Protection Plan {"]~IPP"), and 1~1f~EREAS, on August 2l, 200, the Board of County Commissioners approved a MPP that provides for increased law enforcement presence in the County}s waterways, as one means to provide greater manatee protection; and WHEREAS, studies performed by the Florida Fish and Wildlife Conservation Commission has demonstrated that the increased law enforcement presence is the most efFactive means to gain compliance with boater speed zones; a.nd WHEREAS, the County wishes to increase the hours of patrol and enforcement in estuarine waters of Palm Beach County which will improve compliance with boater and manatee protection speed zones, and reduce the risks to manatees anal members of the public; and W1d:EREAS, the parties wish to enter into an agreement for the provision of an increased ]evel of marine law enforcement services during manatee season, as pravided herein. NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Contractor and the County agree as follows: 1} Recitals The recita]s set forth above are true and correct and form a part afthis Agreement. 2} Purpose. The purpose afthis lnterloca] Agreement (the "Agreement") is to provide far additional marine law enfarcement services within estuarine waters of the County during manatee season, which begins November l 5th and ends the fallowing March 3 ] st. The law enfarcement services pravided herein are intended to be in addition to the level of law enfarcement services already pravided. by the Contractar and are not a. rep]acement far said services. 3} LocRtion of Law Enforcement Services The "Contractor°' shall provide marine law enforcement services, hereinafter referred to as "ser-vices", within the geographica] area. over which it has jurisdiction to enfarce the law, such shall be hereafter referred to as the "Enforcement Area" and is inc]uded within the estuarine waters of halm Beach County whici~ are more specifically described in Exhibit "A". 4} Responsibility of Contractor A. The Contractar shall enfarce State statutes, administrative rules, local and County ordinances related to vessel contras, marine resource protection, and manatee protection; assist in the investigation, apprehension, and prosecution of violators of existing boat and manatee protection speed zones; assist in the manstaring of waterway marl~ings and regulatory signs in the Enforcement Arena and., assist in educatia~g boaters about manatee anal boater safety issues. B. During the term of this Agreement, tl~e Contractar shall provide ~1nt ~ (~ law enfarcement a;fficer(s) to patrol the waters of the Enforcement .Area and to enfarce al] applicable laws. The law enfarcement officers} shall provide services an Saturday and Sunday far 8 hours per day between the hours of b A.M:. and 6 l'.M. During the term of this Agreement, the Canfractor shat] provide law enforcement services an any day ar times aside from a Saturday ar Sunday, at the request afthe County. Requests for the provision of law enforcement services an a day or days in addition to the regularly schedu]ed days or times shall be made at least fve business days prior to the date when such services are needed. C. The Contractor shall furnish and supply al] lobar, super}risian, equipment (including but not limited to a vessel), insurance, and supplies necessary to perform under this Agreement. D. The Contractor shall provide the following information to the County on a monthly basis: Standard Marine Enforcement Monthly Report Form (form to be pravided by the County; documentation of warnings and citations iss~red to violators by the Contractor; and monthly payroll documentation far hours worked by any officer who performs services under the terms of this Agreement. L. Tn the event that during the tel-m of this .Agreement an officer issues a citation, ix~hich is challenged in the Falm Beach County Circuit Court, the Cantractor shall immediate3y inform the County. The County wi3l then determine whether the Contractar will be reimbursed under the terms of this Agreement for the time expended to attend such court praceedityg. F. The Cantractor shalt sabmit invoices ft~r payment to the. County on a monthly basis. Invoices shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the casts incua-red. Invoices sha13 be in sufficient detail for pre-audit and post-audit review. 5) Responsibility of the County The County wi33 reimburse the Contractar far law enforcement services as provided far herein at the rate of $82,50 per hour for on-water enforcement activity,. which includes the cost of salaries, fringe benefits, and all other services and expenses incurred by the Cantractor in the fulfillment of this Agreement. The hourly rate for law enforcement services rendered pursuant to this Agreement will be annually increased on October 1st of each year in accordance with the Revised Consumer Frice Index .for ~.lrban Wage Earners a.nd G3erical Workers, but in no event mare than 3% annua3ly. The Caunty will reimburse the Cantractor an a month3y basis at the rate provided herein, provided that a proper invoice detailing such services is received and approved by the County. In no event shall the total amount paid to the Contractar by the County exceed a total amount. set annually by the County by October 1st. of each year, 6) Effective Rate and Term of the Agreement: This Agreement shall take ef~'ect November 3 5th, 2{3{}8 and shalt terminate an April 30`'', 2dl 1, unless such time has been. extended by the Caunty. 7} Authorized Representative A, The County's authorized representative is Richard E. Walesky, Director, Department of Environmental Resources lv3anagement, {563) 233-24{}Q, West Falm Beach, .Florida, or his designee. :B. The Contractor's authorized representative is Offtcer Andrew Arena., Marine Safety Officer, {561) 243-'78'73, or hisfher successor. 8) Independent Contractar A. The parties shall be considered independent contractors, and no party shall be considered an en~playee ar agent of any other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent cant~•actor between the parties and their respective employees, agents, subcontractors, or assigns during ar after the performance of this Agreement. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall aia employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment carnpensatian, civil service, ar ether employee rights or privileges granted by operation of law or otherwise, except through and against the entity by wham they are employed. B. All employees and agents of the Contractor who perform any act or service under tl~e terms of this Agreement shall at all times be considered employees ofthe Contractor a.nd not of the County. The Contractor will be responsible for supervising, disciplining, and setting policies pertaining to terms and conditions of employment for these employees performing Services as provided herein. 9) payment Far reimbursement to occur, the Contractor steal] submit: invoices to the County that shall include a reference to this Agreement, identify the amount due and payable to the Contractor, and include records sufficient to substantiate the casts incurred. Invoices shall be itemized ire sufficient detai} far prepayment audit thereof, The Contractor shall provide additional documentation to support any invoice if requested by the County. Invoices received from the Contractor shall lie reviewed by the Department of E.nviranmental Resources Management and upon appra~~al shall be sent to the County's Finance Department for final approval and payrnent. Invoices will normally be paid within forty-five (45} days of receipt In the case of a dispute involving the amounts due to the Contractor, payment may be delayed. IU)Compliance with Codes and Laws Each party agrees to abide by all applicable laws, orders, z-ules, and regulations in the performance of this Agreement. 1l) Access to Records and Audits Tl~e parties shall maintain, in accordance with generally accepted governmental auditing standards, all financial and non-financial records and reports directly ar indirectly related to the negotiation ar performance of this Agreement including supporting docurmentation. The parties shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only upon reasonable native, time and place. In the event that the parties should become involved in a legal dispute with a third party arising from perforrriance under this Agreement, the parties shall.. extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made a•eadily available to the parties. 12) F'uncing This Agreement is expressly contingent upon annual appropriations by the Palm Beach County Board afCounty Commissioners. 13) Notice Any notice required or permitted to be given under this Agreement shall be in writing and shall be hand delivered, faxed, ar mailed {by certified mail, return receipt requested) to the respective addresses~recipients specified below: As to the Contractor. Qfficer Andrew Arena Delray Beach Police Department 300 West Atlantic Avenue Delray l3each, Florida 33444 Fax: X561) 243-~78 ] 6 As to County: Aalm Beach County :Department of Environmental Resources Management 2300 N. Jog Road - 4th Floor West .Palm Beach, Fl, 33411-2743 Fa,x: (56l } 233-2414 Copy to: Palm Beach County Attn: County Attorney for EP,M 301 North (.}live Avenue, Suite GOl. West .Palm Beach, FL 33401 All notices required. by tlYis Agreement shall be considered delivered upon receipt. Should any party change its address, written. notice of such new address shall promptly be sent to the other p~y~ a4}Default, Ter3mination, Qpp-ortunity to Cure A. The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not iri default shall provide to the defaulting party thirty {30) days written notice as an opportunity to cure the deficiency before exercising any of its'rights. B. Either party may terminate this Agreement without cause by giving sixty {60) days prior written naticet 1S) Waiver or .Breach It is hereby agreed to by the parties that no waiver or breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach. of the same ar any other covenant. 1G} Indemnircttion Each party shall be liable for its own actions and negligence, and to the extent permitted by law, the County shall indemnify, defend, and hold harmless the Contractor against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Contractor shall indemnify, defend, and hold harmless the County against any actions, claims, ar damages arising out of the Contractor's negligence in connection with this Agreement, 7 he foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the ]units set forth in Section 78$.2$, Flarida Statutes, nor shall th.e same be construed to constitute agreement by either party to be responsible for such other pasty's negligent, willful ar intentions) acts or omissions. t7}Insurance A. Bach party warrants and represents that it is self-insured far Genera) :liability, Watercraft Liability, and Automobile Liability under Florida. sovereign immunity statutes with coverage limits of X144,444 Per person and $244,444 Per Occurrence; or such monetary waiver limits that may change and be set forth by the lel,~islature. In the event a. Party maintains third- party Commercial General Liability, Watercraft Liability, and Business Auto Liability in lieu of ex ,lusive reliance on sell=insurance under 'Section 768.2'$, Flarida Statutes, that party shall agree to maintain said insurance policies at ]units not less than X544,444 combined single limit for bodily injury or property damage. The parties agree to maintain or to be self-insured for Worker's Compensation 8~ Employer's Liability insurance in accordance with Flarida Statute 444. B, ~~he parties further agree that nothing contained herein shall be construed ar interpreted as: (1}denying to any party any remedy ar defense available to such party under the laws of the State of Florida; {2} the consent of the State of Flarida ar its agents and agencies to be sued.; or {3} a waiver of sovereign immunity of the State of Flarida beyond the waiver provided in Section 78$.2$, Flarida Statutes, or (4} a waiver of sovereign immunity of the City of Delray Beach beyond the waiver provided in section 76$.2$, Florida, Statutes. C. When requested, each party shall provide any other party with an affidavit ar Certiftcate of Insurance evidencing insurance, self insurance andlor sovereign immunity status, which all parties agree to recognize as acceptable far the above ~nentianed coverages. Compliance with the foregoing requirements shall not relieve any party of its liability and obligations under this Agreement. l 8} Applicseble Law Any litigation arising from or relating to this Agreement will be governed by the laws of the State afFlarida and the venue in any such praceedi~ig will be exclusively in Palm Beach County, Flarida. 19~} Sevcrabiliiy [n the event that any section, paragraph, sentence, clause, ar provision of this Agreement is held to be invalid by a court of competent jurisdiction, such will not at~'ect the remaining portions of this Agreement and the same will remain in full farce and effect. 20} En!'t~rcernent Costs Any casts ar expenses, including reasonable attorney's fees, associated with the enforceynent of the terms ar conditions of this Agreement will be borne by the respective parties. This provision pertains only to the parties to the Agreement. Z1 } Counterparts This Agreement may be executed in two {2) ar mare counterparts, each of which will be deemed an original, all afwhich together will constitute ane (l)and tl~e same instrument. 22) Captions The captions and section designations set forth herein are far convenience ari]y and have no substantive meaning. 23) Exhibits The Exhibits referred to and attached to this Agreement are incorporated herein in full by this reference. 24) Assignment This Agreement is not assignable by either party. 25) Equal Opportunity T'he County and the Contractor agree that na person shalt fln the grounds of race, color, sex, national origin, disability, religion, ancestry, age, marital status, ar sexual orientation be excluded from the benefits af, ar be subjected to any farm of discrin~inatian under any activity carried out by the performance of the Agreement. 2G) Construction This Agreement shall not, safely a.s a matter of judicial construction, be constructed snare severely against ane afthe parties than the other. 27) Modification and Amendment Except as expressly permitted herein to the contrary, na modification, amendment, or alteration in the terms ar ~nditions contained Pterein shall be effective unless contained in a w:ritt.en document executed with the same formalities used to execute this Agreement. 28) Entirety of Agreement Tllis .Agreement represents the entire understanding between the parties, and supersedes all. other negotiations, representations, or agreement, either written ar oral, relating to this Agreement. 29) Delegation of Authority to Execute this Agreement. 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Mrt~4l.wnur erne (~ Ixwglw*rtw aka MMM C.@N1t W IM1M MBNY'l M:~'~A ~~ r~.m PW R!L! tlWrsf:lhYi yl+AfJlltt; JlvlAfl sr SM31W ~+~~~ ~'::.n~ v.• +SlPI,"Irl FIa mtgtrltid9n tK~ t!w y, W ~ k4: YrJfIFR F9f Da1wM ~1 7tYip K!v tl~Itrer p 1 2 3 A Molds Palm beach Coup#}r 11Vater~rvay speed hones nea~7 O M.~D ~ Map F _-, .~ ~ ,~ ~~~ ~ t' IY~!~.6~ru1 ~ t~ ~J ~ fti~YAaM M1+f ,{. 1 1 ~ Q !A!A a++l •^^l~ are # •3 Ir»x,~,H ~~~ ; ~ A roar wrw ! w.,....~ ~ ~ ~ ~ ~ "~...,. 7 i QitMCh ttt _ r ~ i r i ~~r ~ ~ s I.sa>iv~ ~ 1~'` ~ rr7Y ~.~ ~ I 9 Q` r y. ~ l+ w '' dS1Fg> yarlw.. wwr w.. ~I 5 y 1T z~M ~ 1 A• rr 4I +W a~.'f la-I241lr lfi k~tlHt' ~ + ~" ' ~ j~"r`•~r•~ !1 jr-` ~~ I~ {~ S91 (•h lh ~1aa81ti)1fNlt I-!+!1'7N 3(1 ~ ~ 1 fir( t !~ ~+ .S mpl ncl+rileH M1LklihelC9'.>[IRayca t'` _ i ~ r' a..~d.o`~' Bd11CI~ - ~ f we..+.~w-~ ~"<~ ~ t „:a 1 4:rrr . ....~ ~ • ff 1 ~ j}f Wm tw f PAyW lw wx rrU ~t, ~ IIJf }I ~ ursAwar ear..v roe ~ €, ,~ ~ ~.. ° .r ~`~: _ ~ ~les.lwa+l l~vw 7- i M•_ti~~aew.~~:+z ~ . 7r -swcwwlww rNwwwr.,ecnla ". .. waM+x+xPnwra rr.rf~ * I~fiG~+w SxstYaawwYVllS,az«1sa+a..narr ";'haa[w.a,nwrdrv/w..:wr+a.a N y, ~ IAwMxwrtiGM'•wH ~Yw xiwxlr w. w-•eww ~ ^? J M» Mwx. f?~.w 1f.tB:s3e _ 9 re..nly wwrr.~ 9w kro.r'p.....~.r•.,~.+.r.~i eUYSa'~r aawrM a+'a.«~n arw.~.i++wr.a er.r.~ w. l'~r ~at.wax wv.«, ~ina=aw.a„r-.... u+..re..aol ~welaa..wrryxwrx ~ . 4 ~ {P. • a~raMwn,rwlww.rw. y ti,.sr Nxltr..n.[wntilr+~vrme+z-'•.had h.l NC'r+J :k t;newlritt ~i>•.?~+117{It.lwlr~rtMy f,n.~ixa115S'M.t „"exrt/\4rrcrorr f~wr+~ 1«. zr.*r raM+*«MzlMZ r.~+n.Sa1tN1 ,e 1•ttal-vl~x7i1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden., City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 TRANSFER OF APPOINTMENT FOR LEGAL SERVICES/SFWMD ITEM BEFORE COMMISSION Staff requests Commission approval of the transfer of the appointment of the firm of Lewis Longman & Walker, P.A., for legal services in conjunction with the South Florida Water Management Distirct (SFWMD) proposal for permanent year round water restrictions, to the Fumero Law Group, P.A. BACKGROUND At the November 18, 2008 Regular Commission meeting, Commission approved the appointment of Lewis Longman & Walker, P.A., in the amount of $55,000, for legal services in conjunction with the SFWMD rule making proposal for permanent year round water restrictions. A number of contentious proposals in the rule had the potential for significant negative impacts on municipal utilities relating to rate making, mandatory ordinance creation and increased operating costs. Mr. John Fumero of Lewis Longman & Walker was the attorney for the firm that was coordinating the negotiation of those issues for the City as well as for other regional municipalities and affected entities. Mr. Fumero has recently initiated the firm of the Fumero Law Group, P.A., which offers legal services relative to environmental issues concerning regulatory impacts on municipal utility systems resulting from local, regional, state and federal regulatory activities. Mr. Fumero has been the City's exclusive liaison for the year round water restriction issue and has an extensive background in the area of environmental law which includes a number of years on the legal staff of the SFWMD. He is most qualified to represent the City on this and other environmental issues. On the foregoing basis, staff is requesting Commission approval of the transfer of the City's appointment of Lewis Longman & Walker to the Fumero Law Group. All terms and hourly rates will remain the same. RECOMMENDATION Staff recommends approval. a°f m~a®m` \a®`d `~ ®a m a ~~s ~a4® ~~ ti~ `~ ~~ LEWES, LONGMAN & WALKER, P.A. ?, T T O R '~ E Y S .1 T L .~, 1rV Reply To: West Palm Beach September 18, 2009 F_i chard F][askow Director of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 RE: Representation of the City of Delray Beach -Year Round Water Conservation Challenge Dear Mr. Haskow: Effective September 30, 2009, John Fumero will leave the Firm of Lewis, Longman & Walker, P.A. to join Fumero Law Group, P.A. Inasmuch as Mr. Fumero was one of the designated lawyers representing you, we are required by the rules regulating the FIorida Bar to inform you that you have the right to choose to have Mr. Fumero continue in his new capacity to represent you in this matter or you may have our Firm continue to represent you, in which case, the file will be handled by Steve A. Walker, or you can choose to retain an entirely new lawyer. If you wish to have Mr. Fumero or a new lawyer continue to represent you, arrangements to bring your outstanding account with us current will have to be made before the files can be released to Mr. Fumero or a new lawyer. Until the date of Mr. Fumero's departure, unless you direct otherwise, you will be liable for fees and costs for services rendered by the Firm. Any retained/unspent fees or costs currently held by the Firm will be promptly returned/transferred to Mr. Fumero or a new lawyer as you designate. Please advise the Firm. and Mr. Fumero as quickly as possible of your decision so that continuity in your representation is assured. You may do so by indicating your choice below and returning a signed dated copy in the enclosed starr~ped envelope. ~el~ing Shade ~'Iorid~'s Fu~u~e~ BRADENTON 1001 Third Avenue West Suite 670 6radenion, FIorida 34205 p 441-7D8-4040 + f 941 708-4D24 JACKSONVILLE TALLAHA55EE 245 Ri~ierside Avenue 2606 Centennial Place Suite 150 Suite 300 Jacksonville, Florida 32202 Tallahassee, Florida 32308 p 904-353-6410 • f ~ 964-353-7619 p~ 850-222-5702 f 850-224-9242 www.€lw-law.com WEST PALM BEACH 1700 Palm Beach Lakes Blvd_ Suite 1000 West Palm Beach, Florida 33401 p ~ 561-640-0820 a f t 561-640-8202 September 1$, 2x09 Page 2 Please retain the additional copy of this designation letter for your records. Sincerely yours, William G. Capko r John J. Fumero WGC/JJF/bas Enclosure ^ I wish my files to stay with Lewis, Longman & Walker, P.A. ~ I wish rrry files and trust account balance to be transferred to Fumero Law Group, P.A. ^ I will retain new counsel and have there contact Lewis, Longman & Walker, P.A. Signature Date Title Print Name: MEMORANDUM T0: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: November 12, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF NOVEMBER 18, 2008 APPOINTMENT OF LEWIS, LONGMAN AND WALKER, P.A. FOR SFWMD RULE CHALLENGES ITEM BEFORE COMMISSION The item before the City Commission is the approval of the appointment of John Fumero and the firm of Lewis, Longman and Walker, P.A. to represent the City of Delray Beach for South Florida Water Management District rule challenges at a rate of $245.00 per hour, with a not to exceed cost of $55,000 dollars. BACKGROUND The South Florida Water Management District (SFWMD) has indicated that they are seeking to establish a Year Round Water Conservation and General Permit Rule. As part of these rules, there is anticipated to be a requirement imposed that would require cities to submit their implementing ordinances to SFWMD for their review and approval. Reclaimed water use restrictions are also contemplated. Lewis, Longman and Walker is representing other affected local governments. The expenses may be less than the not to exceed $55,000 amount depending on the number of local governments that Lewis, Longman and Walker represents. If approved, the firm will among other things track, comment, and if the need arises, challenge the South Florida Water Management District's (SFWMD) proposed Year-Round Landscape Irrigation Conservation Measure Rule (the Rule). Lewis, Longman and Walker will address a number of adverse impacts of the Rule on the City's utilities, including, but not limited to, restrictions on reclaimed water. This engagement includes advocacy before the SFWMD Governing Board and elected officials concerning the Rule. It will also include working on legislation that would define and limit the SFWMD's authority to promulgate Year- Round Landscape Irrigation Conservation Measures and restrict the use of reclaimed water. The Florida League of Cities and the Florida Association of Counties have expressed concern. Please see attachments for more information. FUNDING SOURCE 442-5178-536-31.90 RECOMMENDATION file:///U~/my Documents/Lewis Longman nov 18 memo.htm[10/13/2009 9:18:15 AM] The City Attorney's office Department recommends approval. in conjunction with the Environmental Services file:///U~/my Documents/Lewis Longman nov 18 memo.htm[10/13/2009 9:18:15 AM] . •r~ ~~ ~~~ ,~~~~~ yt~ ~ ~~ ~~ _r L`~ LEWIS, LONG1vlAN & WALKER., P.A. A T T (i R N C 1' ti A 7 i A W Reply 7'0: Yfrest Palm Beach MEMORANDUM TO: Susan Ruby, City Attorney, City of Delray Beach Richard Hasko, Director of Environmental Services, City of Delray Beach FROM: John J. Fumero ~- , DATE: October 27, 2008 SUBJECT: South Florida Water Management District's Proposed Year Round Water Conservarion Rule Ir} anticipation of our telephone conference scheduled for Tuesday, October Z8, 2008 at 3:00 p.m., I would welcome the opportunity to work with, or represent, the City of Delray Beach concerning the South Florida Water Management District's ("SFWMD"j Year Round Water Conservation Rule ("the Rule's and related rulemaking efforts. For your information, Y have attached a briefbio summarizing our qualifications in the area of water and administrative law. Set forth below is a summary of the SFWMD rulemaking and challenge process. X. SFWMD LEGAL MANEUVERS -MORE THAN ONE RULEMAIONG EFFORT TO MONITOR We must be vigilant in that the SFWMD is engaging in a number of legal maneuvers that will, in my view, require us to file more than one rule challenge. As you may know by now, the SFWMD has not yet published the Year-Round Water Conservation and General Permit by Rule provisions in the Florida Administrative Weekly, This means that the 2 t -day challenge: period has not yet started. Helping Shape Florida's Future° BRADENTON 1UU1 Third Avenue West Suite 876 Bradenton, Florida 34,7x5 p 1943.706-40A0 • f 1941-708-4024 JRGKSONVILLE TAIf_AHASSEE 245 Riverside Avenue 2600 Centannral Place Suite 15b Suite 100 Jacksonwille, Florida. 32202 Tallahassee, Florida 32308 p 19.04.353.6A10 • I I 804.353-7814 ~ 1 550-222 5702 f I &50.224-4142 www.llw-law.com WEST PALM BEAGH 17p0 Palm Seach Lakes8lvd. Suite 7000 West Palm 13eath, Florida 33401 p ~ 561-640-0820 • f ~ 561-640-8202 Year Raund'Water Conservation Memorandum October 27, 20(~S Page 2 What they did publish, Iast Friday, was a Notice of Rule Development -seeking to amend 40&2.331 and 40E-20.331. Interestingly; these rule development notices state that they are in addition to the notice of rule development that is seeking to establish a General Permit by Rule for water used at single family homes for lawn and ornamental irrigation, ear washing, and other inerdental uses. After we raised issues concerning the statutory authority of the SFWNID to promulgate aYear-Round Water Conservation Rule, the SFWMD responded by creating a "General Permit by Rule" that would ostensibly regulate all individual homeowners in their landscape irrigation. Now, with this latest .rule-making publication, the SFWNID is establishing CUP criteria that would require a CUP applicant to demonstrate that the modification does not allow more eumalative days and time to conduct landscape irrigation pursuant to Chapter 40E-24, F A.C., for those permits issued pursuant to Rule 40E-2.Ob1, F.A.C., jnew General Permit by rule] and those permits classified as Iaadscape irrigation use." This seems to be another back-door attempt by the SFWMD to impose requirements in urility CUPS that would, in turn, farce utilities to implement ordinances that mimic the requirements of the Year-Round Water Conservation Rule. No workshop leas been scheduled for these proposed amendments. Interested parties, however, may request a workshop, which if not deemed unnecessary by the agency head, must be appropriately noticed in the Florida Administrative. Weekly. Of course, we will keep you pasted on developments. II. THE RULE CHALLENGE PROCESS Here is a brief summary of the Rule Challenge process under state law. I. A substantially affected municipality may seek an admuustrative determination of the validity of the proposed. Year Round Water Conservation rule ay filing a petition with the State of Florida Division of Administrative Hearings ("DOAH'~. Challenging the validity of a rule can be based on various grounds. 2. The Petition must be filed within 21 days of the date of publication of the Notice of Proposed Rulemakin~; by the SFWIVID Governing Board. If DOAH determines that the Petition is timely and sufficient, it will conduct a formal administrative hearing pursuant to section 12.56, F.S. Within IO days of receipt, if the Petition complies with- the requirements, DQAH must assign an Administrative Law Judge ("ALJ"}. 3. The ALJ may declare the rule wholly or partly invalid. The portion declared invalid may not be adopted by the agency. More importantly, the proposed agency rule is NOT presumed to be valid ar invalid. We are continuing to monitor the Florida Administrative Weekly for publication of the Notice of Proposed Rulemaking far the Year-Round Irrigation Rule and other related proposed Year Round Water Conservation Memorandum October 27, 24f38 Page 3 rule amendments. We must focus on all of these amendments as they all will- have the same adverse impact an utilities. III. INTERVENTION VERSUS FILING A STAND ALONE PETITIUN As a matter of law, each municipality that wishes to challenge the Rule must file a separate petition tha# establishes standing for that particular local government or utility. Please be aware that if a utility were to simply "intervene" into an ongoing rule challenge filed by another utility or utilities, then that utility would be limited to the issues raised by the initial petition(s) filed. By filing its own petition, a utility is able to raise, and frame, issues as it sees fit, ar that are unique to it: Should you have any questions or require additional information, please do not hesitate to contact me. In the meantime, I would like to schedule a meeting with you and your staff to discuss issues and options. J:ljjennisanlSFWMn Year Round Cansery8lian RulelSusan Ruby-Richard I-lasko Memo.dnrx July 25, 2008 Mr. Jesus Rodriguez Lead Water Conservation Officer South Florida Water Management District Post Office Box 2468U West Palm Beach, FL 33416 RE: SFWMD Role Amendments to 40E~24 F.A,C. Dear Mr. Rodriguez: The Florida League of Cities is committed to working with the water management districts and other state agencies to assist our 412 municipal members meet existing and future water needs through water conservation and the responsible and beneficial use of reclaimed water. The Florida League of Cities is however, concerned about proposed water conservation rules of all three water management districts. These rules appear to take a "one size fits all" approach to water reuse and conservation that disregards the unique conditions of local communities acid could actually undermine the overall conservation objective we all .seek. Additionally we are concerned the districts lack the necessary statutory authority for these rules with respect to non permitted users and restrictions on reclaimed water or its use. Specifically; the Florida League of Cities shares the concerns expressed in a letter to the SFWMD dated May 28, 2008 from the Southeast Florida Utility Council and a letter from the. FWEA Utility Council dated July 8, 2008 regarding the impacts of the proposed year-round irrigation restrictions and the regulation and restrictions on the use of reclaimed water. The proposed rule ignores important issues such as variations in potable water consumption rates, projected population growths, water treatment technologies, reclaimed water distribution infrastructure, availability of effective conservation methods, existing Consumptive Use Permit conditions and requirements and ether local considerations. Rules proposed by the-water management district should be based strictly on scientifically proven data and a clear understanding of the long term policy and financial implications of any such rules on local governments, end users, and the state. We urge you to reconsider and revise the proposed rules to reflect the concerns discussed above. The Florida League of Cities looks forward to participating in the rule-making process and to working with all the affected parties to address these important water issues. Please do not hesitate to contact me if you have any questions or need additional information regarding these matters. Sincerely, C. Scott Dudley Sr. Legislative Advocate F ~,aRIDA COUNTIES AlI About Florida October 14, 2008 Jesus Rodriguez Lead Water Conservation Officer South Florid a W ater Management District RANDY HATCH ' lQ n P.Q BI}X 24880 G V hltliSrFlf?N f sr~w,4ArNi:~C . West Palm Beaoh, Florida 33416-4680 TiODNEV LONG 1?Rr,Sn n~Nr ~.Lir.rx n Re: Proposed Rule 4QE-24, Florida Administrative Gade -"Year Round /1,J~(:~Qi,A Water Conservation Rule" I~Ne Lt1:8P1tTdAN ~x•furr:rYca,.~;rr:r;Nr• Dear Mr. Rodriguez: 81tI1W.Art11 Iao~os~~Ttr The Florida Association of Counties (FAG) is writing to express our concern xtun vr~:~; N>>z,;~t~,er~•r' regarding fhe above-referenced proposed rule. !t was o.ur understanding that ~"'~''''" the Department of Environmental Protection (DEP} is undertaking a series of TsaateisAJACOns public workshops regarding reclaimed water, and that the state would refrain rMMr=.nrA~k~sl'":~r'c'~=w,x~'r• from implementing new regulations until this exercise had been com leted UM;~~(a; p . c~sT•n x.. tlou~v We understand that there may ba water quality concBms associated with the 1•:xrtr:rrr"'" r)raia-rtiis reuse of reclaimed water, and we believe that loco! governments must retain the authority to implement stricter controls than the state when necessary. However, many local governments are investing large sums of money in making reclaimed water available far irrigation in order to reduce wastewater discharges and conserve water. Restricting the use of reclaimed water for irrigation may very well frustrate those efforts, resulting in unintended consequences fior local governments from both an operational and environmental perspective. We are concerned as to whether the South Florida Wa#er Management District (the District} has the specifrc statutory grant of rulemaking authority that is required pursuant to Seckions 920.52(8) and 120.536, Florida Statutes. We are also concerned that the proposed rule changes relating to reclaimed water may conflict with the legislative intent of Section 373.25Q{1){c), Florida Statutes. Additionally, we are especially concerned with the fact that local governments are required under this proposed rule to submit their irrigation ordinances to the District for review and approval. Local governments have constitutional home rule authority, and #his cannot be restricted by administrative rule. Rather, local government authority can only be reestricted by general or special law.' ' Sae Florida Conadfulian, Petiole VIH, Sedlona 1(fy aruf (y), and 2(b) ~.(), Bc~x 549 • TAI.I.~Inssi~, FL 32302 • Pztol~i?: (850) 922-4300 • ~~Nro;u: 292-4300 • FAX: (850) 488-7501 W'WW.FL-COUNTIFS.COM getter to Jesus Rodriguez October 14, 2008 Page 2 At this time, we are not prepared to make specific recommendations for rule revisions. We merely ask that you postpone this effort until the DEP has had more time to examine this issue from a s#atewide perspective, and until the Florida Legislature has had a chance to provide statufory guidance regarding reclaimed water. Sincerely, Chris Hoilsy Executive Director cc: Commissioner Randy Hatch, President, Florida Association of Counties Commissioner Stacy Ritter, Co-Chair, Growth, Environmen#al Punning and Agriculture Policy Committee, Florida Association of Counties Commissioner Lee Pinkoson, Ca-Chair, Growth, Environmental Planning and Agriculture Policy Committee, Florida Association of Counties Commissioner Doug Conkey, Co-Vice Chair, Growth, Environmental Planning and Agriculture Policy Committee, .Florida Association of Counties Commissioner Buddy lamb, CaVice Chair, Growth, Environmental Planning and Agriculture Policy Committee, Florida Assaeia#ion of Counties Scott Dudley, Florida League of Cities 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: October 14, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION The Police Department seeks approval for the acceptance of a grant award from the Florida Department of Transportation (F.D.O.T.) in the amount of $87,058 for implementation of a Driving Under the Influence (D.U.I.) Enforcement program. BACKGROUND Commission approved the Department's grant proposal for this project at their 4/7/09 meeting. This award would allocate funding, as requested in the proposal, fora specialized D.U.I. enforcement vehicle, training, applicable software, and funding to cover 50% of the salary of an officer assigned to D.U.I. enforcement (the Department will fund the remaining 50% by reassigning an officer to this project). These resources would provide the Department greater flexibility in the area of D.U.I. enforcement and public awareness efforts. If the grant is renewed for subsequent years, the Department would be expected to fund increasing proportions of the project each year. DBPD believes that this funding would help to provide the citizens of Delray Beach with safer roads. FUNDING SOURCE The Department match consists of 50% of an existing officer's salary (who will be reassigned to this project) from account number: 001-2115-521.12.10. RECOMMENDATION The DBPD recommends approval of the attached F.D.O.T. grant award. 7 ~~ A ~a I ^ !~ :1 ~ R R ^ II 1 II a ti L! ^ ~ r L R 1 ti S - R _ ' , _ _ G E Rule 14-96,045, F.AC. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SOQ-Q65-01 SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS SAFETY D9148 For D.O. T Use Only Project Number: K8-10-OB-13 DOT Contract Number: APP40 Federal Funds Allocated: ~ Date Approved: Subgrant Period: 10I05120D9-D9/30/2010 Date Revised: Subgrant History: (1) {2) (3) Part I: GENERAL A©MINISTRATIVE INFORMATION {see Instructions for Highway Safety Subgrant Applications) 1. Project Title: Delray Beach Police Department- DUI Enforcement Program 2. Type of Application: ®initial ^ Continuation 3. Requested Subgrant Period: 10/1/2009 #0 9/30/2010 4. Support Matching Total Sought: $87,D58.00 Share: $36,170.00 Budget: $123,228.00 5. Applicant Agency {Subgrantee}: 6. Implementing Agency: City of Delray Beach Ci#y of Delray Beach Police Department 100 NW 1 ~' Ave. 300 W. Atlantic Ave. Delray Beach, FL. 33444 Deiray Beach, FL. 33444 ' Aftn: Mr. David Harden, City Manager Aftn: Anthony Strianese, Chief of Police Telephone: (561 ) 243 - 7010 Telephone: (561 } 243 - 7851. 7. Federal ID Number: S. State FLAIR Number(State Agencies) 9. Chief Financial Officer: 10. Project Director: City of Defray Beach City of Delray Beach Police Department 100 NW 1St Ave. 300 W. Atlantic Ave. Delray Beach, FL. 33444-2612 Deiray Beach, FL. 33444-2612 Joseph Safford Sharon L'Herrou Telephone Number: {561 ) 243 - 7117 Telephone Number: (561 } 243 - 7852 Fax Number: {561 ~ 243 - 716b _ _ __ Fax Number: 561 243 - 7852 E-Mail Address: Safford@ci.delray-beach.fl.us E-Mail Address: Iherrou a~7ci.delray-beach.fl.us Subgrant funds provided by the U.S. Department of Transporta#ion, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.60[, Sta#e and Communi#y Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System {DUNS) Number for the Florida Department of Transportation is Rule 1498.005, F.AC. Part II: PROJECT PLAN AND SUPPORTING DATA 500-065-01 SAFETY 09108 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed 5o[ution 3. Objectives 4. Evaluation 5. Milestones (Use farm provided) Start below and use additional pages as n 1} STATEMENT OF THE PROBLEM The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The ci#y has approximaetly 65,000 year round residents. During the winter months, September #hrough April, there is a sharp increase in residents and tourists. This increases our city's residency #o approximatley 95,000. The City of Delray Beach is jus# over 16 square miles in area, and lies be#ween Wes# Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. A problem that exists in the City of Delray Beach, as well as other cities throughout the county, are people operating motor vehicles under the influence of alchohol or other drugs. Driving Under the Influence (DUI), commonly called "drunk driving," refers to operating a motor vehicle while under the influence of alcohol and or drugs, including prescription drugs. Incidents of drunK driving lead to property damage, crashes involving serious bodily injury, and death. In 2007, an estimated 12,998 people died in alchohol-related traffic crashes in the United States, an average of one every 20 minutes. These deaths constitute 31% of the 41,059 total traffic fatalities in the United States. Of these traffic fatalities, an estimated 12,D68 involved a driver with an illegal BAC of .08 or greater. The City of Delray Beach has seen an increase in alcohol related traffic fatalities and alcohol related crashes involving serious bodily injuries. In 2008, the City of Delray Beach had 8 fatalities. In 2007, the City of City of Delray Beach had 4 fatalities. The City of Delray Beach also reported 3073 traffic crashes in 2008, 3414 crashes in 2007 and 3140 crashes in 2006. In spite of manpower constraints, the Delray Beach Police Department has continued to make a large number of DUI arrests. In 2008, the City of Delray Beach made 197 DUI arrests, 248 in 2007, and 269 in 2D06. The Delray Beach Police Department participates several times a year in county wide DUI Saturation Patrols, and also conducts department Saturation Patrols during holiday periods, to increase the awareness of drunk driving and to increase en#orcement efforts. In June 2008 the Delray Beach Police Department re-established its traffic unit, with the deployment of 3 Motor Officers. These officers are primarily deployed during day time, high traffic volume periods and have increased the number of UTC's issued. There has also been a decrease in traffic crashes in the area in which these officers deploy. These traffic officers also periodically adjust their schedules and conduct DUI enforcement and other traffic initiatives, such as "Arrive Alive on 95," and "C1icK it or Ticket." 2) PROPOSED SOLUTION The Delray Beach Police Department plans to assign a full time DUI Enforcement Officer to the Traffic Section to target drunk driving. The Delray Beach Police Department is doing al] it can within its scope to make our roadways safer, but we need an additional way to enforce and detect impaired drivers. In order to help with this enfiorcement action, a traditional marked police vehicle will be utilized to assist wish the detection and enforcement of drunk driving. The DU[ enforcement vehicle will be used by the DUI Enforcement Officer #o target specific areas and roadways. The marked vehicle will display an overhead light bar and DU! Enforcement graphics and be conspicuous to the public, allowing the DUl Enforcement Unit to be more effective. If selected for the grant, we would purchase one, 4-door vehicle, equipped with a digital in-car video system, laptop computer system and standard Delray Beach Police Department software, prisoner partition, and a dual antenna radar unit. During peak driving times that impaired drivers are on the road, the DUl Enforcement Officer will utilize the vehicle to patrol specific areas and roadways where impaired drivers have been located in the past and roadways where fa#al vehicle accidents and accidents involving serious bodily injuries involving z Rule 14-96.005, P.hC. 500-06501 SAFETY 09!08 State clearly and in detail the aims of the project, precisely what wi[I be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pales as necessary. alcohol have occurred. Officers will look for violations that are characteristic of impaired drivers, i.e. speeding, failure to maintain a single lane, erratic Lane changing, and red light running to name a few. The DUI Enforcement Officer wil! receive specialized training in DUI enforcement at the annual DUI Symposium. In addition, the officer will receive specialized training in DUI enforcement and detection in local or state law enforcement schools. Currently, members of the Traffic Unit participate in amulti-agency, county-wide task force to combat drunk driving; the DUI Enforcement Officer wiEl also participate. This task force allows officers from many law enforcement agencies in Palm Beach Caunty to come together and work as a team to combat drunk driving. The Traffic Unit has a working rely#ionship with the Palm Beach County chapter of Mothers Against Drunk Driving (MADD}. The Traffic Unit currently attends regular meetings of the Traffic Safety Council and Traffic Incident Management Team. Additionally, regular MADD meeting will be attended to discuss local, regional,-and national issues of drunk driving. The DU[ Enforcement Officer and other department DUI Instructors will conduct in-service training for al[ department officers in regards to DUI enforcement, legal updates, and standardized field sobriety task (BEST) refresher course. In addition, all officers assigned to the Field Training Program wilt ride with the DUI Enforcement Officer for two (2) shifts to gain specialized training in DUI enforcement. Several times each year, the Delray Beach Police Department conducts a Citizen's Police Academy, Resident's Academy and a Leadership Delray Academy. Traffic issues are discussed in these academies, and DUI enforcement will be a significant part of the traffic section presentation. These academies are an excellent way of residents and community leaders to understand the inner workings of its Police Department, and provide an avenue to address drunk or impaired driving to citizens. Another item that would be acquired if this grant is obtained would be a stationary laser speed measuring device to make DUI enforcement mare effective. 3) PROJECT OBJECTIVES 1. Educate all officers in the department on DUI enforcement 2. Increase public awareness on Drunk andlor Impaired Driving through education (i.e. billboards, fliers, mini PSA's etc_) 3. Reduce the number of fatality crashes within fihe City limits by 5% compared to last year's fatal statistics 4. Increase the number of enforcement contacts using solutions from proposal. 5. Conduct at least 4 public awareness presentations during the year to educate the public on the effects of DUI's each year. 4} EVALUATION The Delray Beach Police Department wilt evaluate the overall success of the program by the number of contacts made during the DUI enforcement actions. The number of drunk or impaired drivers apprehended and the success of the public information and education awareness program concerning drunk or impaired driving. The overall success of the program will be determined when we have dramatically decreased the number of injury and fatal crashes. Rule 1A-96.005, F.A.C. 500-06501 SAFETY D91D8 Timetable for Milestones Milestones 1n Quarter 2"d Quarter 3`d Quarter 4'h Quarter ACT NDV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Solicit applications for DUI officer ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Research prof ect vehicle and equipment for purchase. ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Order vehicle and equipment. ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Launch new DUI enforcement program. ^ ~ ® ^ ~ ^ ^ ^ ^ ^ ^ ^ ~ Research and identify appropriate DUI training opportunities. ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ Conduct DUI enforement efforts. ~ ^ ^ Attend DUI Training opportunities previously identified. ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ Educate Department Officers on DUI. enforcement. ^ ^ ^ ^ ® ^ ^ ® ^ ^ ^ ^ Conduct Public awareness presentations. ^ ^ ® ® ~ ^ ^ ® ^ ® ^ ^ DistriFJUte educational materials (fliers, ^ ~ ® ® ^ ^ ^ ® ^ ® ^ ^ PSAs, etc.} ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Rule i4-48A~5, F.A.C. Part IIl: PROJECT DETAIL BUDGET 500465-0'f SAFETY 09!08 Project Title: Delra Beach Police De artmen#- DUI Enforcement Pro ram Project Number: K8-10-06-13 Contract Number: APP40 Each budget category subtotal listed below cannot be exceeded. All individual line item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services 50% of DUI Enforcement OfficerAnnuaf $42,318 $21,159 $0 $21,159 salary (base: no Degree} Benefits (includes: FICA, Police Pension, $30,022 $15,011 $0 $15,011 Retiree Health {3.3% of salary, Life Insurance, Disability Insurance, Health Insurance, Worker's Comp, unemp., & EAP) $ 0 $0 $ 0 $0 $ 0 $0 $ 0 $o $ 0 $0 $ 0 $0 Subtota! $72,340 $36,170 $ 0 $36,170 B. Contractual Services $ a $o $a $a $ o $o $o $o ~ o~ $o $o $o $ o $o $o $a $ o $o $o $o subtotal $ o $ 0 $ o $ o C.EXpense5 $ 0 $0 $0 $0 Computer Printer $ 280 $280 $0 $o Police Computer Software & Licensing $2,000 $2,000 $0 $0 IPTM DUE School {Travel & Hotel} $ 463 $453 $0 $0 DU! Publications & Law Updates $ 55 $55 $o $0 ~ o $o $o $a $ o $o $o $o ~ o $o $a $a ~ o $o $o $a ~ o $o $o $o ~ o $o $o $o $ o $o $o $o ~ o $o $o $a ~ o $o $o $a ~ o $o $o $a ~ o $o $o $o $ o $o $o $o ~ o $o $o $o ~ o $o $o $o Subtotal $2,798 $.2,798 $ 0 $ 0 Rule I4-98.005, F.A.C. 500-065-0'E SAFEN 09108 Budget Modification Number: Effective Date: Rute 14-98.005, F,A~C. Part III: PROJECT DETAIL BUDGET soa-oss-o~ SAFETY 09!06 Project Title: Delray Beach Police Department- DUI Enforcement Program Project Number: K8-1o-06-13 Contract Number: APP40 Each budget category subtotal listed below cannot be exceeded. All individual fine item costs are estimates, and the State Safety Office may approve monetary shifts between line items, not to exceed the subtotal of each budget category. BUDGET CATEGORY TOTAf_ FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital Outlay (1}Police Vehicle $23,921 $23,921 $D $D Equipment package forvehicfe $9,169 $9,169 $D $D (1 }Digital In-Car video system $4,oDD $40D0 $D $D (1) Dua! Antenna Moving RADAR System $3,oDD $3,oD0 $D $D Laptop Computer {Toughbook) $4,oD0 $4,oD0 $D $D Laser Speed Measuring Device $4,oD0 $4,D00 $D $D $ o $o $D $a $ o $o $a $o $ o $o $D $D $ o $o $o $D $ a $o $D $o ~ a $o $o $a ~ o $o $o $a $ 0 $D $0 $o ~ o $o $D $o $ o $D $o $o $ o $o $o $o $ D $o $o $o $ D $o $o $o $ o $0 $0 $D $ D $o $o $D $ D $0 $D $0 $ D $0 $0 $0 $ D $a $o $o $ o $o $o $o $ o $o $o $o $ D $o $o $o $ o $o $o $o $ o $o $o $o Subtotal $48,090 $48,090 $ 0 $ 0 E. Indirect Cost $ o $o $a $o $ 0 $D $0 $0 $ o $D $0 $o $ o $a $o $o Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $123,228 $87,058 $ 0 $36,170 Budget Modification Number: Effective Date: Rule 1498.6°5, F.AC. BUDGET NARRATIVE 544.465A1 SAFETY 49!48 Project Title: Delray Beach Police Department- DUI Enforcement Program Project Number: K8-10-06-13 Contract Number: APP40 The following is a narrative description of the projeck budget byline item by category, detailing the item and anticipated cost. Each category. must be suf€iciently defined to show cost relationship to project objectives. Attach additional sheets as needed. A. PERSONNEL: DUI enforcement officer salary- 5D%= $21,159 Benefits for the officer {to include: FICA, Pension, Retiree Health, Life insurance, Disability insurance, Health insurance, Worker's Comp, Unemployment, and EAP): $15,011 The grant request for this category is: $36,170. 8. CONTRACTUAL SERVICES: Nane C. EXPENSES: A printer (for the lap#op} and required software and licenses are estimated at: $2,280. Also, expenses related to new learning and instruction are budgeted here. The DUi officer will be sent to DUE school and will receive DUI publications and updates. With this information, the officer will be better equiped to implement DUI enforcement stra#egies. Additionally, the DUI officer will educate the public on the issue and train officers throughout the department. The cost for the training and publications are estimated at: $518. To#al costs listed under "EXPENSES" are: $2,798. D. OPERATING CAPITAL OUTLAY In order to help with enforcement, a traditional marked police vehicle will be utilized to assist with the detection and enforcement of drunk driving violations. The DUI enforcement vehicle will be used by the DUI Enforcement Officer to #arget specific areas and roadways. The marked vehicle will display an overhead light bar and DUI Enforcement graphics and be conspicuous to the public, allowing the DUI Enforcement Unit to be more effective. if selected for the grant, we would purchase one, 4-door vehicle, equipped with a digital in-car video system, prisoner par#ition, and a dual antenna radar unit. The vehicle cost is estimated at: $23,921. Cost to equip the vehicle is projected to be: $9,169. The Digital in- carvideo system is: $4,000, and the dual antenna Moving RADAR system is $3,OD0. Also in this category is a hardened laptop (Toughbook) for $4,ODD. The laptop is linked to the Dispatchl911 system. Using this tool, officers are able to communicate with staff throughout the Department, communicate with Dispatch, issue tickets, write reports, conduct driver`s license and license plate checks, as well as request criminal background checks through dispatch. Finally, a laser speed measuring device for $4,000 is budgeted here. This device is helpful because it can be used to iden#ify and document unsafe! erratic driving (speeding}. Total costs for this category is:$48,090 Budget Modification Number: Effective Date: Rvle 14-98.005, F.A.C. Part IV: REPORTS 500-065-01 SAFETY 09!08 Quarteriy Progress Report Narrative for the quarter. Project Title: ,,,,Delray Beach Police Department- DUI Enforcement Program Project Number: K8-10-06-13 Implementing Agency: Delray Beach Police Department Project Director: Sharon L`Herrou Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 9 Rule I4-98.005, F.AC. QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SgFETY 09!08 Project Title: Delra Beach Police Department- DUI Enforcement Pro ram Project Number: K8-10-06-13 Implementing Agency: Delray Beach Police Department Project Director: Sharon L'Herrou Performance Milestones Accomplished Indicators Quarter Quarter Six-Month Quarter Quarter Ending Ending March Totals Ending dune Ending Project Totals i]ecember 31 31 30 September 30 Number of DUI checkpoints conducted. 0 0 Number of DUI arrests made at checkpoints. 0 0 Number of safety belt citations issued at checkpoints. o a Number of DUI arrests made by the officer assigned to the grant-funded vehicle. a o Number of speeding citations issued by the officer assigned to the grant-funded vehicle. 0 0 Number of safety belt citations issued by the officer assigned to the grant-funded vehicle 0 ~ 0 0 fl 0 0 0 14 Rule i4-98.065, F.AC. Final Narrative Report 500.065-0~ SAFETY 09!08 Project Title: Delray Beach Police De artment- Dill Enforcement Pro rem Project Number: ICS-10-06-13 Implementing Agency: Delray Beach Palice Department Project Director: Sharon L'Flerrou The following is a chronological narrative history of the above listed project in accordance with Part V.' Acceptance and Agreement, Conditions ofAgreemenf, 7. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 11 Rule 14-95.005, F.AC. 500-065-01 SAFETY 09!08 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 -December 31, January 1 -March 31, April 1 -June 30, and July 1 -September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Per#ormance Indicators farms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, Juiy 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures th'a# assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB CircularA-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; 2 C.F.R. 225 (OMB Circular A-87), Cost Principles for State, Local, and Indian Tribal Governments; andlor OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law}. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 257.134(3)(a}, Florida Statutes. (a) Section 287.133 {2)(a), F.S. A person or affiliate who has been placed an the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real properky 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 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. {b) Section 287.134 (2)(a}, F.S. An en#ity ar affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goads or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 12 Rule 14-98.005, F,.~C. 500-06501 SAFETY 09!08 All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement {not to exceed the grant period); Total contract amount; Scope of worklServices to be provided; BudgetlCost Analysis; and Method of compe~nsationlPayment Schedule. All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # {insert contract number}. A final invoice must be received by (insert date} or payment will be forteited. All invoices for contractual services shall contain the following certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and sta#e law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel Trove! casts for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation`s (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. Alf out-of-state travel, conference travel, meeting (ravel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per day shall not be approved unless the Note[ is the host facility for an approved conference ar the average rate for all hotels in the area exceeds $150. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change_ For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. {b) Changes in budget items and amounts se# forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. Delegations of signature authority will not be accepted far modification requests. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonpracurement} and Governmentwide Requirements far ©rug-t=ree Workplace {Grants), hereby incorporated by reference, the subgrantee shah not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The. subgrantee or its implementing 13 Rule 14-98.005, P.AC. 500-065-41 SAFETY 09!08 agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304{g) and 41 U.S.C. 253(g} (currently $25,000). 9. Commencement of Projects, if a project has not commenced within 30 days after the acceptance of the Subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 64-day period, but only by formal written approval from the State Safety Office. 10. Excusable peiays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or i#s implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consulkant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b} Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the Subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the Subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, fhe subgrantee's consultant(s) or contractors} and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration {NNTSA}, Federal Highway Administration {FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department s#afF, limited scope audits as defined by OMB 14 SOQ-0fi5-0'[ Rule 1A-98.005, P..~C- SAFETY 09!08 Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits andlor monitoring by the Department, as described in this sec#ion. Far further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fLus. Recipients of federal funds {i.e. state, or local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. [n the event that the subgrantee expends less than $500,000 in Federal awards in ifs fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d}, OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a} Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 {b) Federal Audit Clearinghouse Bureau of the Census 1201 Bast 10 Street Jeffersonville, IN 47132 (c} Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. in the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320{e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to Section .320{e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: 15 504-065-01 Rule I4-98.005, F.A.C. _ SAFEN 09!06 Florida Department of Transportation 645 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 In addition, pursuant to Section .320{f}, OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .32D{c}, OM13 Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 15. Retention of Records. The subgrantee shall .retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, ar its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state 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 related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reirr~bursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department {FDOT Form Numbers 500-065-04 through fl9). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement far subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel casts reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests far reimbursement of Operating Capital Outlay items having a unit cost of $5,D00 or more and a useful life of one year or more shall be accompanied by a Non-expendable Property Accountability Record {FDOT Form No. 50D- 065-09}. Payment of the Operating Capita! Outlay casts shall not be made before receipt of this form. All. requests far reimbursement shall be signed by an Authorized Representative of the subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request far reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgranf period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receip#. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-11 D, hereby incorporated by reference. ]n addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the Sta#e Safety Office reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: 16 Rule 1498.005, F.AC. 546-065-41 SAFETY 69!08 {a) The copyright in any work developed under a subgrant or contract under a subgrant; and {b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 78. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as [ong as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 99. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may beheld at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Prin#ing of Observational Surveys and Other Reports. {a} Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. {b} Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1 } This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shalt, on the grounds of race, color, religion, sex, handicap, or nakional origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order'{E.O.} 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency sha[I be required to defend, hold harmless and indemnify. the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for persona[ injuries ar property damage pursuant to the terms or provisions of this agreement- 24. Disadvantaged Business Enterprises (DBE]. {a} The subgrantee and its implementing agency agree to the following assurance: 17 Rule 1a-98.005, F.A.C. 504-065-01 SAFETY 09!08 The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program,. the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 10fl1 andlor the Program Fraud Civil Remedies Acfi of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. {b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in al! subcontract agreements: The consultant or contractor and subconsu[tant or subcontractor shall not discriminate on the basis of race, color, na#ional origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contrac# or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. A11 public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implerrienting agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide writken approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall-begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 3fl. Clean Air Act and Federa! Water Pollution Control Act. Far subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et 18 500-965-01 Rule 14-98.005, P.AC. SAFEfY 09l0$ seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written not[fcation within 30 days of the agreement being awarded to the State Safety Office that a new posi#ion(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and a[I claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports #o demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the IfSDOT. Items that are repossessed shat[ be disbursed #o agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, far replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. 34. ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to con#inue funding positions created with highway safety funds after the Federa! funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f} Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. Ali law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. I_aw enforcement agencies receiving subgran# funds shall participate in the safety belt enforcement waves conducted in Florida and shall report #heir participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for (Equipment Costing More than $1,000 per Item. The head of any implementing agency purchasing equipmen# costing mare than $1,000 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the i#ems being purchased with federal highway safety funds is replacing previously purchased equipmen# that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 19 Rule 14-98.005, F.A.C. SOQ-06501 SAFETY 09108 38. Checkpoint Reporting. Any law enforcement agency that conducts DUl checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least ane staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 4f1. Special Conditions. 20 Rule 1498.OD5, k'.A.C. PROJECT NUMBER: KS-10-06-93 SOOA65-01 SAFETY 09!06 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirely. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE (Far DOT Use Only) STATE OF FLORIDA City of Delray Beach DEPARTMENT OF TRANSPORTATION Name of Applicant Typed By: BY~ Signature of Authorized Representative Administrator Traffic Safet David T. Harden y Title: Authorized Representative's Name Typed f ~ ~~G. _ Title: City Manager __- . _ _ . .. ~ ! Date: ! Date: 9/25/2009 Attest: " Attest: FEDERAL FUNDS ALLOCATED Signature of Witness $87,058.00 ADMINISTRATOR OF l EMENTiNG AGENCY Reviewed far the ep ment of portatian: BY: ature of Administrator By. ? . Attorney - OT Anthony W. Strianese f Date: ~ ~ ~ r 1 Administrator's Name Typed Title: Chief of Police, Cit of Delra Beach NOTE: No whiteout or erasures accepted on this signature page. 22 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: October 12, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 GRANT APPLICATION/FEMA ITEM BEFORE COMMISSION The Delray Beach Fire-Rescue Department requests City Commission's approval to submit the application for the 2009 Fire Prevention and Safety Grant (FP&S). BACKGROUND The Delray Beach Fire-Rescue Department is applying for the 2009 Fire Prevention and Safety Grant (FP&S) to provide Cardio Pulmonary Respiration (CPR) and Automatic External Defibrillator (AED) classes to the public at no cost to the participant. Our proposal will allow for 480 residents of The City of Delray Beach to learn how to perform CPR and use the Automatic External Defibrillators that are located throughout the city. This grant would also enable us to purchase new manikins, AED Trainers, and the supplies needed to provide the classes. The Grant is for $26,069, for which the city would be responsible for 20% or $5,214. The attached grant application is in draft form and will be finalized prior to grant submission. FUNDING SOURCE A budget transfer will be processed to allocate funds for the City match if the grant is awarded. RECOMMENDATION The City of Delray Beach Fire-Rescue respectfully requests City Commission's approval to submit an application for the 2009 Fire Prevention and Safety Grant (FP&S). Preparer Information Prefix or Title *First Name Middle Initial 'Last Name Organization Name *Address 1 *City *State *Zip *Busines5 Phone *I-iDt71e Phone Mobile PhonelPager *1=mail * is there agrant-writing fee associated with the preparation, of this request? if you answered yes above, what is the fee? Preparer Information Mrs. Patricia Dunkelmann City of Delray Beach l=ire-Resc 5q1 W Atlantic Ave Delray Beach Florida 33444 - 56'1-243-74gq Ext. v61-441-7885 dunkelmann@ci.delray-beach.fl.us No Are ynu the person to fae contacted an matters inrrnlving this application? Yes if no, please specify who should be contacted: contact tnfortr~ation Primary Contact Information Title I-ieutenant Prefix Mrs. * First Name Patricia Middle Initial I-ast Name Dunkelmann Business Phone 561-243-740U I*xt. ~Hame Phone I=xt. Mobile Phone/Pager 561-441-7885 Fax 561-243-7408 *mail dunkelmanr~@ci.delray-beach.fl.us Alternate Contact Information Title Assistartt Chief Prefix Ms. First Name Danielle Middle Initial Last Name Connor Business Phone 561-243-7487 Bxt. xHame Phone ext. Mobile PhanelPager 581-441-308(3 Fax 561-243-7135 ~lnmail connord@ci.delray-beach.fLus Applicant Information 4rganizatinn Name Type of Applicant If other, please enter the type of Applicant wAre you a Fire ©epartment? If yes, what type of department do you represent? If you answered combination, above, what is the percentage of career members in your organization? Are you a non-fire based EMS? Type of community served? • Em to er Identification Number City of Delray Beach Fire -Rescue Dept. Fire Department Yes Career No Rural • What is your DUNS Number? }Please describe your organization andlor community that you serve The City of Delray Beach, Florida, is a 16 square mile city that is located in southern Palm Beach County, Florida, and maintains a small population of 64,63D residents. Delray Beach is proud of its diversity of race, wealth, and physical environment. The annual operating budget for 2DD9 is $161 million (54°/n is expended on public safety} Currently, the City derives most of its annual revenues from sales taxes and various other fees andlor taxes (i.e., fuel, telBGnmmunlcatlOnS, grants, etc.}. However, recently the Florida State Legislature along with a 2DD$ Constitutional Amendment removed many of the revenue options that had previously been available to municipalities. As an example, in 2DD7, the State Legislature mandated a property tax roll back, the main source of revenue to local government. This "roll back" resulted in reductions in City revenue of approximately $5 million. Further, the current economic recession has continued to reduce City revenues by an estimated $13 million for Fiscal Year (FY) 2D1 D. With all of these losses in revenues, the City has remained committed to retaining and even increasing City services (i.e., social services, increases in crime prevention and increases in code enforcement costs due to the elevated number of foreclosed homes within the City} during this recession period. In addition, the cost of personnel benefits to provide these requisite services has continued to rise (Please Note that City Employees are facing a 2nd consecutive year without a Cnst of Living Adjustment). The Delray Beach Fire-Resc€~e Department (DBFR} is a „fall-service" fire department that provides Fire Suppression, Advanced and Basic Life Support services {which includes but is not limited to transportation, prevention, inspection, education, special operations) and other community-based services. Additionally, the DBFR contractually provides its full complement of services to two (2} smaller, neighboring municipalities: Highland Beach and the Town of Gulf Stream. The DBFR is a paid, career department that retains a fatal of 151 employees (143 are certified Firefighters). The Department has six (6) fire stations throughout the City and operates with a dally minimum staffing of 32 personnel. In 2DD8, the DBFR responded to a total of 12,339 service calls, of which 83% or 1D,171 were EMS-oriented. The Department's Annual Budget is just under $23 million with 8D% of this amount funded to support personnel costs. Consistent with much of the country, economic indicators have been trending downward in South Florida far the past two {2) years. !n fact, Palm Beach County's foreclosure rate, far example, is one of the highest in the country and has increased by mare than 50% in February 2009. About 2,665 Palm Beach County properties were in same stage of foreclosure, which is an increase of 53°1° and 57% from January 2008 and February 2008, respectively. * Please describe your organization's need for Federal financial assistance. The County`s unemployment rate has soared to 10.2% in May 2009 -and increase of 4.4 %° from the. previous year. This is 0.2% higher than the State of Florida's unemployment rate. The current unemployment rate is the highest recorded rate for the month of May since 1992 when it was 10.3%. Ta make matters worse for the Palm Beach County economy, employment opportunities have also decreased by 4.2% or a loss of 23,000 jabs over the last year. All of these economic Indicators, predictably, have had an adverse effect on the Fire Safety budget. With a reduction of aver 7% far the fiscal year 09-10 budget, significant cuts were made to the community education programs. For example, in fiscal year 2008- 2009, there was $9900 budgeted far CPR classes, fire safety, supplies and handouts. Fnr fscal year 2009-2010, an the other hand, this amount has been reduced to zero. As a result, fees were instituted for the use of these programs, effectively making them unavailable to many of the City`s most vulnerable population. CPR instruction, along with the many other public education initiatives that the department has created has had a positive and lasting impact on the citizens and residents of Delray Beach The department employs one full time community education specialist, who last year conducted 463 public education presentations, reaching aver 13,723 people. The prospect of eliminating these vital presentations and courses due to budgetary constraints is overwhelming. The department's programs on fire safety, CPR, CERT, and injury prevention, to name a few, have a proven and documented retard of success. * What is the permanent resident population of your PrimarylFirst- 64630 ©Ue Response Area or,~Ur[SdICtIOn se Ned? Note: If you are rlOti: a fire departmen# ar EM5 organization, you may enter a zero. Headquarters Physical Address * Physical Address 1 501 W Atlantic Ave Physical Address 2 * City Delray Beach * State l±larrda * dip 33444 - 2555 Mailing Address * Mailing Addressl 501 W Atlantic Ave Mailing Addressl • City ^elray Beach State Florida * dip 33444 - 2655 Account information * Type of bank account Checking * Bank routing number - 9 di it number on the bottom left hand corner of your check ~Yn~ar account number Additional 1 nformatinn This fiscal year, are you receiving Federal funding fram any other grant program far the same purpose for which ynu are applying fnr 1Va this grant? This fiscal year, are you receiving Federal funding fram any other No grant program regardless of purpnse? !s the applicant delinquent on any federal debt? Na if you answered yes to any of the additional questions above, please provide an explanation in the space provided below: Request Information 1. Select one of the choices listed below. You can apply for a maximum of 3 projects within an activity. (If you modify your selection, you will lose data entered under the original act'svity.) Program Name Fire Prevention and Safety Request [7etails The number of projects and cost for the ac#ivity Fire Prevention and Safety are listed in the table below. Activity Number of Projects Total host Action Fire Prevention and Safety 1 $ 26,69 View Details Request Details Below is a list of eligible categories for which you may apply for under the Fire Prevention and Safety Activity, as Well as a list of projects currently included within your application. Select the appropriate category and click the Add Fire Prevention and Safety button. You will need to follow these steps for each new project you wish to create. Once you have outlined the project you will then be able to add the budget items that correspond to the project. You may update or delete a project by clicking the appropriate link under the Action column. Once you are done, press the Return to Summary button below. Once you are done, press the Return to Summary button below. Nate: Fields marked with an * is required. 1. Select one of the chaises listed below. You can apply for a maximum of 3 projects within this activity. Select Cate o General EduCatinn~AWareneS5 ('~ Code EnforcementlAwareness Fire & Arson lnvestigatiori NationallState/Regional Programs and Studies General EducationlAwareness -Public Education Item Hearstart AED Trainer Programming Kit HeartStart FR2 AED Pediatric Pads Heartsaver AED Workbook Manikin Wipes-Sterilization Airways- Pediatric Adult CPR Manikin's HeartStart AED Carrying Case Heartstart FR2 AED Trainer Pads-Adult Instructor Class Materials-DVD Instruction Book Face Shields AED Trainer AED Practice Trainer CPR Manikin-Baby CPR Manikin- Child Manikin Lungs-Adult Project Action lJpdate Delete plumber of units Cnst per unit Total Cost Action 1 $ 3(3 $ 30 D-date Delete 5 $ 45 $ 225 U,~pdate Delete 480 $ 12 $ 5;760 Update Delete 10 $ 10 $ 100 D-~a~e Delete 20 $ 18 $ 360 D--date Delete 4 $ 445 $ 1 780 u~-d..2._te , Delete 1 $ 25 $ 25 Upd~it_~ Delete 5 $ 25 $ 125 Update Delete 2 $ 200 $ 400 D-~date Delete 20 $ 13 $ 260 D- Delete 2 $ 130 $ 260 U~ate belete 1 $ 130 $ 134 D--Ldate Delete 3 $ 370 $ 1 110 U,_pdate , Delete 3 $ 648 944 $1 U,~pdate , Delete 30 $ 20 $ 600 D-~da~e Delete ICt~fUCtO~` ~05~S Add h~~dget It~rr7 Tatal Cast 288 $ 45 $ 12,960 U. date L)e1e#e $ 2S,U69 I:~.ti~rr~ ~~> ~ur~~rna€y Add ~[it: Prey r~ti~~r€ and ~~afe#j~ Pri~j~~ct Update Pr©ject General l~ducationlAwareness Project lnformation *1. Project ~"If you selected other, above, please specify Public Education ' f__ i Children under 14 f_- Adults aver F5 Ffirefighters ~ High risk group "`2. Wha is the target audience far the planned project? ~`3. What is your estimated size of the target audience? z 4. How was this target audience determined? Briefly describe method used (required if selected "None of the above"above} ~`5. Briefly describe (or provide) the appropriate statistics that correspond to your project and target audience (i.e, injury statistics, # of f[reslarsons, firefighter fatalities, etc}. '`6. Describe the steps or methods that will be used to achieve the goal and objectives of this project. *7. ill your organization periodically evaluate the project's impact on the community? If you answered Yes to question 7 above, please specify *8. is it the applicant's intention to continue delivering this program after the grant year? Other (expEain) CEFtT Team Members, ~~w.,~~_.~~.~~.~....~~m~ ~t81) C Formal Assessment r% Informal Assessment Will Be Conducting Assessment C' None of the above i .~. '~' Sao characters left According to available -~-z' historical data from Delray Beach ~' 174 characters left l.) Schedule 2 CPR/AED Classes a month with a limit of 20 students -~', 40$ characters left Yes C' No An pre and post evaluation will ~' be performed by each studen~t.'....,.5~-x ~~(' 633 characters left Yes C`• Na *S. In the space provided below, please provide a brief synopsis of the proposed project: American Heart Association Heartsaver AED programs will be !~; delivered to the community by Fire-~Rescue CPR Instructors. -~..1 Classes will be held twice a month with a limit of 2f7 -~. 459 cha€acters left *10. In the space provided below, please explain the experience you have in managing the type of project you are proposing: As the Community Education Specialist for the City of Delray Beach, I am solely responsible for educating the community on life safety education including CPR/AEI 48a characters left Fi. e1p *1 ~. The narrative portion of the application should contain supporting information that allows for evaluation of this project. if you are applying far a grant in the Fire Prevention anct Safety Activity, your Narrative Statement must address the evaluation elements outlined in the Program Guidance (click to view). Keep in mind that the evaluation of your application will also be based an a clear understanding of your proposal, your ability to meet the objectives of the program, and your probability of successfully delivering your project to the population targeted. You need to fully explain how the funds wild be used to accomplish the goals of your project. To that end be sure to include descriptionsljustification far all budgeted items -items oat justifed may be disallowed. Your narrative may not exceed five pages of text. You may type your project narrative in the space provided below however, due to the built in "time out" feature, we recommend you create the narrative text in your ward processing system and then copy it into the space provided below. Images, attachments, and special characters or formatting (i.e.: quote marks, bold print, bullet paints, In 2007, ©BFR ran a total of 11,141 service Ca115, ror wnzcn Aso or 9,688 were EMS-oriented. Of these, 3,000 were for cardiac-related emergencies, includsng sudden cardiac arrest. A total of 54 patients experienced cardiac arrest in 2007 in the service areas of Delray t3each. Over the course of the last ten years, significant improvements have occurred in prehospital medicine, particularly in prehospital cardiac t~tedicine. The advent of the Auto Pulse, a machine that provides and coordinates CPR, has led to drastically improved return of spontaneous circulation (ROSC) statistics. At the same time, changes in Advanced Cardiac Life Support (ACES) protocols have provided the optimum opportunity for ROSC for cardiac arrest patients. Perhaps one of the most significant initiatives has been the public access to defibrillation (PAD} program, which has put early defibr_illatinn of cardiac dysrhythmias into the hands of the laymen. __ 15956 characters left L~, back S3ti~e. ar~r~ (',©rttinf syrnbaEs, etc.) are not allowed. Q~eSti[~n # ~. < ; According to available historical data from Delray Beach Fire-Rescue's emergency response request report data, cardiac related emergency calls are increasing in the areas serviced byfire-rescue • Jan 2846-Dec 48; 166 Cardiac Arrest calls • Jan zg46W Dec 2448;1311 Total Cardiac Events * According to the census bureau: ~6% of our residents are age 55 or older • According to the American Heart Association: Sudden Cardiac Arrest claims more than 325,ggq lives annually It is the leading cause of unexpected death in the world. Currently, only about five percent of the victims from sudden cardiac arrest survive. 6. 1.) Schedule 2 CPR/AED Classes a month with a limit of 24 students per cfass.(Maintain proper student/instructor ratio oer rules of American Heart Association) 2.) Advertise class to public through water bills, city newsletters, Fire-Rescue Community Emergency Response Team Volunteer Members 3.)When contacted by the publicfor a class, their name will be placed on an established list. 7. An pre and post evaluation wilt be perFormed by each student. Six months after attending class, an assessment form will be mailed to the parkicipant to measure impact ,: 9': -American Heart Association Heartsaver AE© programs will be delivered to the community by Fire- Rescue CPR Instructors. Classes will be held twice a month with a limit of 2p students per class with 2 instructors. A total of 4$fl residents of Delray Beach will be able to obtain free CPR training that otherwise would not be available to them. +~ ~o. As the Community Education Specia#ist for the City of ©elray Beach, I am solely responsible for educating the community on life safety education including CPRJAE© classes. I have been an American Heart Association Instructor for aver 10 years educating the public on proper CPR and Automatic External Defibrillator use. Narrative: In 2007, ©BFR ran a total of 11,747 service calls, for which 833'o ar 9,688 were EMS-oriented. Of these, 3,000 were for cardiac-related emergencies, including sudden cardiac arrest. A total of 54 patients experienced cardiac arrest in 2007 in the service areas of Delray Beach. Over the course of the last ten years, significant improvements have occurred in pre hospital medicine, particularly in pre hospital cardiac medicine. The advent of the Auta Pulse, a machine that provides and coordinates CPR, has led to drastically improved return of spontaneous circulation (R05C} statistics. At the same time, changes in Advanced Cardiac Life Support (ACES} protocols have provided the optimum opportunity for ROSC for cardiac arrest patients. Perhaps one of the most significant initiatives has been the public access tv defibrillation (PAD} program, which has put early defibrillation of cardiac dysrhythmias into the hands of the laymen. From a public education and prevention perspective, the department established a CPR education program in the late 1980's to take a proactive teaching role in the chain of survival. Over the years, this program has become a nationally award winning and locally recognized model of success. The advent of Automatic External Defibri#lators (AED's}and subsequent Public Access to Defibrillation (PAD} initiatives have all Been seamlessly incorporated into DBFR's community education program. The department's CPR program has provided instruction to well over 3500 people since its inception, and has evolved to include not only CPR instruction, but instruction on the use of AED's, choking, and drowning prevention, as well. The department employs one full time Community Education Specialist (CE5} who bears the responsibility of a#I public education initiatives. She is responsible far not only CPR/AED instruction, but the CERT team, injury prevention, health and wellness programs, hurricane preparedness, fire safety, and concurrently serves as the department's Public Information Officer (PIO}. These programs have been highly successful and have received awards both at the local and national level. In 2008, the International Association of Fire Chiefs {iAFC} awarded its PAD Program Award to DBFR in recognition of the success of the program. Also, the American Heart Association has twice (2006 and 2008} awarded the department with a Heart Ready Community Award. These achievements are a testament tv the department's vision and commitment to public education programs. Further, they are an acknowledgement of the efforts of one person's ingenuity in dealing with budgetary constraints. In fiscal year 2008-2009, the budget for CPR and fire safety education supp#ies was $9900. sy comparison, the CPR and fire safety supplies budget for 2009-2010 is zero dollars. While the long- standing motto of the program has been that "we can do a lot with a little"' it would be virtually impossible to "anything with nothing". In this spirit, application is being made for consideration of funds for CPR education so that these important programs can be fiscally sustained in these trying times. In 2(}02, Delray Beach resident Bill Yannish was playing tennis at the City's tennis Center. Unexpectedly, Mr. Yannish passed out between points. ~'he tennis pro on duty, Jonathon Arehart, was quick to recognize that Mr. !ones was suffering from sudden cardiac arrest. FIe raced to get the AED that was kept in the pro shop and used the training he had received Pram Delray Beach Fire~Reseue CPR Instructors to successfully deliver a shock to Mr. Yannish. Fortunately, Mr. Yannish survived. Phis funding would allow us to update outdated CPR equipment while providing free CPR classes for thaw who may not otherwise be able to attend a course that could patentiaily save a family member ar neighbor. Delray Beach !wire-Rescue is respectfully requesting Fire Prevention and Safety Grant funding in the amount of $26,069 to be able to continue providing these potentially lifesaving classes community, Phis grant would also replace equipment that is aver !.0 years old so that we can continue teaching CPR and AED programs far many mare years. sudget Bud_ eq t Object Class Budget Amount Personnel 92,96q Benefits q Travel q Ec~uia~nent 5,5g4 SUpplie5 7,05 Contractual q Construction q Other q Indirect Char es q Indirect Cast ©etails (complete this section only ifi you have a Federally approved Indirect Cost Rate agreement). Please Hate you must add the Indirect Costs as a line item wit hin the Request I]etails section as they are not automatically calculated. Agency Indirect Cost Agreement with Indirect Cnst Rate Agreement Summary Total f=ederal and Applicant Share f=ederal Share $ 2q,855 Applicant Share $ 5,294 Federal Rate Sharing (%) 8g12q * Nan-Federal Resources (The combined 1!!on-Federaf Resources must equal the Applicant Share of $ 5,21GJ a. Applicant $ 5294 I3. State $ q c. Local $ q d. Other Sources $ q If you entered a value in Other Sources other than zero (q}, include your explanation below. You can use this space to provide information an the project, cast share match, or if you have an indirect cost agreement with a federal agency. Total Budget $ 26,069 FEMA Form 20-16A You must read and sign these assurances by providing your p~issward and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Nan-Construction Programs Note: Certain of these assurances may not be applicable to your projector program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply far Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will Initiate and complete the work within the applicable #ime frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating fio prescribed standards for merit systems for programs funded under one of the nineteen statutes ar regula#ions specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Wii1 comply with all Federal statutes relating to nondiscrimination. These include but are oat limited fa: (a) Title Vl of the Civil Rights Act of 1964 {P.L. 88-352) which prahlbifs discrimination on the basis of race, color or national origin; (b) Title 1X of the 1=ducation Amendments of 1972, as amended (20 U.S.C. Sections 1881-1683, and 1585-1886), Which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended {29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; {d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6109-6107}, which prohibits discrimination an the basis of age; {e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nnndiscriminatian on the basis of drug abuse; (f} the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 {P. L. 91-618), as amended, relating to nondiscrimination nn the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 {42 U.S.C. 290-dd-3 and 29q-ee-3), as amended, relating to confiidentiality of alcohol and drug abuse patient records; {h) Title VII1 of the Civil Rights Acts of 1988 (42 U.S.C. Section 3601 et seq.}, as amended, relating to nondiscrimination in the sale, rental nr financing of housing; (i}any other nondiscrimination provisions in the specific statute(s) under which application far Federal assistance is being made; and (j) the requirements of any other nandiscriminatian statute{s} which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title Il and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 {P. L. 91-846} which provide for fair and equitable treatment of persons displaced nr whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. WIl comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 73247328}, which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act {40 U.S.C. Sections 276a to 276x- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act {40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 {P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 nr more. 11. Will comply with environmental standards which may be prescribed pursuant to the fallowing: {a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to E4 11738; (c) pro#ection of wetlands pursuant #o EO 11996; (d} evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consis#ency with the approved State management program developed under the Coastal done Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal ac#inns #n State (Clean Air) lmplementa#ion Plans under Section 176(c} of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.}; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P. L. 93-528); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-265). 12. WII comply with the W[Id and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related #o protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 476), ED 11593 (identification and protection of historic properties), and the Archaeningical and Historic Preserva#ion Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assis#ance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blended animals held far research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. WII comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. I# will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-prnfi# organizations. By checking the box below and providing your password, you are providing your digital signature. -_------ * Password: * ~ 1, Patricia aunkelmann, am hereby providing my signature for this application as of 12-Oct-2009. 3 Go Back: 3 cave ani~l c:~~~niira~ae FEMA Form 20-16C Yau must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an ~ are required. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions far certification included in the regulations before completing this farm. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shad be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Managemen# Agency (FNMA} determines to award the covered transaction, grant, ar cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons into a grant or cooperative agreement over $1Dt),€1a0, as defined at 44CFR Part 18, the applicant certifies that: {a) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing ar attempting to influence an officer nr employee of any agency, a Member of Congress, an officer ar employee of congress, ar an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment nr modification of any Federal Grant ar cooperative agreement. (b) if any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Farm LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c} The undersigned shall require that the language of this certifrcation be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and caaperative agreements and sub contract {s}} and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient} As required by Executive Order 12549, Debarmen# and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefts by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b} Dave oat within athree-year period preceding this application been convicted afar had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perFarm a public (Federal, State, or local} transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c} Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) have not within a three~year period preceding this application had one or more public transactions {Federal, State, or local} terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 4000 3. Drug-Free Workplace {Grantees other than individuals) As required by the ©rug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: {A) The applicant certifies that it will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the granfiee`s workplace and specifying the actions that will be taken against employees for violation of such prohibition; {b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; {2) The grantees policy of maintaining adrug-free workplace; {3) Any available drug counseling, rehabilitation and employee assistance programs; and {4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph {a); {d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: {1) Abide by the terms of the statement and {2) Notify the employee in writing of his nr her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. {e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d}{2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position title, to the applicable FEMA awarding office, i.e, regional riffice or-PI=MA office. (f) Taking one of the fallowing actions, against such an employee, within 30 calendar days of receiving notice under subparagraph {d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation. program approved for such purposes by a Federal, State, or local health, law enforcement or ether appropriate agency. (g} Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs {a}, {b), (c), (d), {e), and (f). {B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action Add ~lac~ of Pe~~a~r»~n~e if your place of performance is different from the physical address provided by you in the Applicant Information, cliclf an Add Place of Performance button above to ensure that the correct place of pertormance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. gy checking the box below and providing your password, you are providing your digital signature. * Password: ~ .. _e_e~ __.~~.~rv_~I ~` C~~ I, Patricia Dunkeirr,ann, am hereby providing rrly signature for this application as o'F 12-Oct-2DD9. Go iJ~i;k.`_~ __.~_ ca^,!e ;~rtd Centin~ie ._m._ Standard Form LLL Only complete if applying for a grant for more than $1 QU,ODO and have lobbying activities. See Form 20-1 CC for lobbying activities definition. ~ This form is not applicable ti~3V+'E; ~Eltj G~l[1tIf1ClE You must read and sign these assurances by prorriding your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Standard Form LLL: ©isclosure of Lobbying Activities 1. * woe of Federal Actin ,Cooperative Agreement 2. *Status of Federal Action BidlOfferlApplication .~~. 3. * Re ort T e r Initial filing ~ Material Change This sub section is for Material Change only Year ~fl[l9 -. Quarter ~t Date of last report _I (e.g. 0312411999) 4. * Name and Address of Re ortin Emit *Reporting Entity Type C'~ Prime ~'~ Subawardee Tier (if known) *Name *Street ~~it,, ~~ __ .............~ "State Select a St~a'te~_,_~....~..~~~_ .. ~' "Zlp ~,~' - B j (e.g. 12345-6789) Need help for li'~4? 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and Address of Prime: Name Street city state Zip S. ~ Federal De artmentlA enc 7. * Federal Program Namel©escription 8. Federal Action Number if known: 9. Award Amount if known: 10a. Name and address of Lnbb in Re istrant: (if individual, last Warne, first name, Ml} -- .-.. Name Street City ~. ~.....,.. State Select a State '' „ ....,..,.,,.. ............. . ...,,.,,.., ......... ~3 dip ~~ - _µa (e.g. 12345-6789) Need hei forZIP+4? 10b. Individuals Performing Services: (including address if different from No.10a) (last name, first name, M!} Name .................... ~. ~~, Street ~.........,.,,....~.~_.~M~,..~T..,W_ city State Select a State ___......~ ~~ __............~. "` ... ~ ~e.g. 32345-6789) Y I ~~W~ Zip .. ...._.... __ Need help for Z1P+4? Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclnsure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made ar entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to ftle the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 far each such failure. By checking the box below and providing your password, you are providing your digital signature. * Password: ~I !, Patricia ©unkelmann, am hereby providing my signature fnr this application as of 12-Oct-2009. Ga Eac€: ~ S~vc~ anc~ Coniint~e'- MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 15, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 GRANT AWARD/ARRA -ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT EECBG ITEM BEFORE COMMISSION The City Commission is requested to consider and accept a $638,500 Energy Efficiency & Conservation Block Grant (EECBG) award. This stimulus grant is funded by the US Department of Energy through the American Recovery and Reinvestment Act (ARRA) of 2009 (See attached award documents). The EECBG grant application was approved by the City Commission on June 16, 2009, prior to submission. BACKGROUND On October 5, 2009, the City was informed that the Energy Efficient Conservation Block Grant (EECBG) grant application for $638,500 was approved/awarded to support projects that would assist in achieving greater energy efficiency, lower energy usage and create/develop an "environmentally friendly culture" within our City. The EECBG grant application, which was previously approved by Commission on June 16, 2009, requested funding through the US Department of Energy to support recommendations within the Green Task Force Report to assist the City with lowering its energy costs and dependence. The following projects are proposed to be completed: Installation of energy efficient retrofits (i.e., programmable thermostats, motion detectors and T-8 lighting and ballasts) within all City facilities Replacement of Pompey Park outdoor athletic field lighting Installation of a solar energy system at Fire Station #1 Hire a Sustainability Officer position for one (1) year The EECBG award funding is available to the City of Delray Beach through a formula allocation and there is no required "match." Further, it is estimated that seven (7) jobs will be created from this grant award. FUNDING SOURCE Formula Funding allocated through the ARRA -Energy Efficiency & Conservation Block Grant (EECBG) Program - US Department of Energy. RECOMMENDATION Recommend acceptance of the ARRA - Energy Efficiency & Conservation Block Grant (EECBG) award in the amount of $638,500. NOT SPECIFIED /OTHER ASSISTANCE AGREEMENT 1. Award No. 2. Modification No. 3. Effective Date 4. CFDA No. DE-SC0002536 09/21/2009 81.128 5. Awarded To 6. Sponsoring Office 7. Period of Performance CITY OF DELRAY BEACH EERE (FORS) 09/21/2009 Attn: MARY ANN YOUNG U.S. Department of Energy through 09/20/2012 100 NW 1ST AVE Office of Energy Efficiency & Renewable DELRAY BEACH FL 334442612 Forrestal Building 1000 Independence Avenue, SW Washington DC 20585 8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No. ^X Grant Energy Independence and Security Act 09SC006579 Cooperative Agreement (EISA) of 2007 Other 11. Remittance Address 12. Total Amount 13. Funds Obligated CITY OF DELRAY BEACH Govt. Share: $638,500.00 This action: $638,500.00 Attn: MARY ANN YOUNG Cost Share $0.00 Total $638,500.00 100 NW 1ST AVE Total $638,500.00 DELRAY BEACH FL 334442612 14. Principal Investigator 15. Program Manager 16. Administrator Randal Krejcarek, 561-243-7322 Martha J. Kass Oak Ridge Phone: 865-576-0717 U.S. Department of Energy P.O. Box 2001 Oak Ridge TN 37831 17. Submit Payment Requests To 18. Paying Office 19. Submit Reports To OR for OSTI See Reporting U.S. Department of Energy Requirements Checklist Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 20. Accounting and Appropriation Data Block Grant 21. Research Title and/or Description of Project ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT For the Recipient For the United States of America 22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer 23. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed Barbara J. Jackson 09/21/2009 NOT SPECIFIED /OTHER NOT SPECIFIED /OTHER REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET DE-s0ooo2536 2 ~ 2 NAME OF OFFEROR OR CONTRACTOR CITY OF DELRAY BEACH ITEM NO. (A) SUPPLIES/SERVICES (B) QUANTITY (C) UNIT (D) UNIT PRICE (E) AMOUNT (F) DUNS Number: TAS::89 0331::TAS Recovery Recovery Act: Block Grant for ARRA Funding. New award for Delray Beach, FL ASAP: Yes Extent Competed: NOT AVAIL FOR COMP Delivery Location Code: 00522 Oak Ridge Office U.S. Department of Energy Oak Ridge Office 230 Warehouse Road Oak Ridge TN 37830 Payment: OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 Fund: 05796 Appr Year: 2009 Allottee: 30 Report Entity: 471999 Object Class: 41000 Program: 1005115 Project: 2004350 WFO: 0000000 Local Use: 0000000 TAS Agency: 89 TAS Account: 0331 July 2004 NOT SPECIFIED /OTHER 083109 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS Table of Contents 1. RESOLUTION OF CONFLICTING CONDITIONS ..................................................................................1 2. AWARD AGREEMENT TERMS AND CONDITIONS .......................................................................... ..1 3. AWARD PROJECT PERIOD AND BUDGET PERIODS ....................................................................... ..1 4. STAGED DISBURSEMENT OF FUNDS ................................................................................................ ..1 5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................................................................ ..2 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET PERIO D AND PROJECT PERIOD .......................................................................................................................... ..2 7. COST SHARING FFRDC'S NOT INVOLVED ........................................................................................ ..2 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ................................................................ ..3 9. CEILING ON ADMINISTRATIVE COSTS ............................................................................................. ..4 10. LIMITATIONS ON USE OF FUNDS ....................................................................................................... ..4 11. PRE-AWARD COSTS ............................................................................................................................... ..4 12. USE OF PROGRAM INCOME -ADDITION .......................................................................................... ..4 13. STATEMENT OF FEDERAL STEWARDSHIP ...................................................................................... ..4 14. SITE VISITS .............................................................................................................................................. ..5 15. REPORTING REQUIREMENTS .............................................................................................................. ..5 16. PUBLICATIONS ....................................................................................................................................... ..5 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS .................................................................. ..6 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION .............................. ..6 19. LOBBYING RESTRICTIONS .................................................................................................................. ..6 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS - - SENSE OF CONGRESS ......................................................................................................................... ..6 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP .......................................................................... ..6 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ...................................... ..6 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS ............................................ ..7 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ....................................................................................... ..7 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (MAY 2009) ............................................................................................................... 11 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ......... 11 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .............................................................................. 13 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) 16 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIl'IENT RESPONSIBILITIES FOR INFORMING SUBRECIl'IENTS (MAY 2009) .......................................................................................................................................................... 17 30. DAMS BACON ACT REQUIREMENTS (MAY 2009) .......................................................................... 17 31. HISTORIC PRESERVATION .................................................................................................................. 25 ATTACHMENT 1 -INTELLECTUAL PROPERTY PROVISIONS ................................................................ 26 Not Specified/Other 083109 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS 1. RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. 2. AWARD AGREEMENT TERMS AND CONDITIONS This award/agreementrnnsists of the Crrant and Cooperative Agreement cover page, plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title 1 Intellectual Property Provisions 2 Project Activity Worksheet(s) are attached. If the Worksheet is for the Strategy, the grant will be amended to include additional Worksheets as activities are approved. 3 Federal Assistance Reporting Checklist 4 Budget Pages are attached. For Strategy, the SF-424A is attached, if it was included in the application. The grant will be amended to include additional Budget Pages as activities are approved. 5 Davis-Bacon Act Wage Determination(s), if applicable. For Strategy awards, the Wage Determination will be included when activities are approved. 6 Special Requirements, if applicable c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA) of 2007, Public Law 110-140. d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency Specific Requirements athttp://www.nsf.gov/bfa/digs/policy/rtc/index.jsp. e. Application/proposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http://mana~ement.energy.~ov/business doe/1374.htm 3. AWARD PROJECT PERIOD AND BUDGET PERIODS The Project and Budget Periods for this award are concurrent fora 36-month period as indicated in Item No. 7 of the Assistance Agreement Face Page. STAGED DISBURSEMENT OF FUNDS f 1 IF MARKED, THIS TERM IS APPLICABLE The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page. However, funds will be released according to a staged disbursement schedule. All funds must be expended within 36 months of the effective date of the award. Not Specified/Other 083109 [ ] For Energy Efficiency Conservation Strategy (EEGs) Only awards, funds in the amount of $ [ ] is released to the Recipient to begin work on the EECS. The approved activities are listed in Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of the EECS and amendment of the award to include the authorized Project Activity Worksheets. [ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on the activities listed in Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of additional activities and amendment of the award to include the authorized Project Activity Worksheets. [ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on administrative duties pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation, budgetary items, or similar issues. The remaining funds will be released upon successful resolution of these issues and amendment of the award. 5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM f 1 IF MARKED, THIS TERM DOES NOT APPLY -SEE ATTACHMENT 6 a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of proj ect costs. If feasible, you should time each request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close as is administratively feasible to actual disbursements. c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from DOE/NNSA. d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U. S. Department of Treasury. 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARDS. This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to the amount shown on the Agreement Face Page. You are not obligated to continue performance of the proj ect beyond the total amount obligated and your pro rata share of the project costs, if cost sharing is required. Additional funding is contingent upon the availability of appropriated funds and substantial progress towards meeting the objectives of the award. 7. COST SHARING FFRDC'S NOT INVOLVED APPLICABLE ONLYIF COST SHARING IS INCLUDED IN THE AWARD. a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated Not Specifiedl0ther 083109 project costs. The Recipient's cost share must come from non-Federal sources unless otherwise allowed by law. By accepting federal funds under this award, you agree that you are liable for your percentage share of total allowable project costs, on a budget period basis, even if the project is terminated early or is not funded to its completion. This cost is shared as follows: Budget Period No. Budget Period Start Government Share $/% Recipient Share $/% Total Estimated Cost Total Pro'ect b. If you discover that you maybe unable to provide cost sharing of at least the amount identified in paragraph a of this article, you should immediately provide written notification to the DOE Award Administrator indicating whether you will continue or phase out the project. If you plan to continue the project, the notification must describe how replacement cost sharing will be secured. c. You must maintain records of all proj ect costs that you claim as cost sharing, including in-kind costs, as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit. d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by DOE/NNSA of some or all the funds provided under the award. 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS THE APPLICABLE TERMIS MARRED BELOW. [X] REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the proj ect period. If at the completion of the award the Government's share of total allowable costs (i.e., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend an award solely to provide additional funds for changes in indirect costs and fringe benefits. DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe benefits means the recipient must absorb the underrecovery. Such underrecovery maybe allocated as part of the organization's required cost sharing. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE INDIRECT COSTS a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. c. The budget for this award includes indirect costs, but does not include fringe benefits. Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for Not Specified/Other 083109 this project nor shall the fringe benefit costs for this project be allocated to any other federally sponsored project. In addition, fringe benefit costs shall not be counted as cost share unless approved by the Contracting Officer. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS -INDIRECT COSTS AND FRINGE BENEFITS ARE NOT REIMBURSABLE The budget for this award does not include indirect costs or fringe benefits. Therefore, these expenses shall not be charged to nor reimbursement requested for this proj ect nor shall the fringe and indirect costs from this proj ect be allocated to any other federally sponsored project. In addition, indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting Officer. 9. CEILING ON ADMINISTRATIVE COSTS a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activating under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored projects, unless approved by the Contracting Officer. 10. LIMITATIONS ON USE OF FUNDS a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(B), for the establishment of revolving loan funds. b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government. 11. PRE-AWARD COSTS APPLICABLE ONLYIF COMPLETED BELOW. You are entitled to reimbursement for preaward costs in the amount of $[ ]for the period from [MonthDayYear] to [MonthDayYear] in accordance with your request dated [MonthDayYear] if such costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part 600. 12. USE OF PROGRAM INCOME -ADDITION If you earn program income during the proj ect period as a result of this award, you may add the program income to the funds committed to the award and use it to further eligible project objectives. 13. STATEMENT OF FEDERAL STEWARDSHIP DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance andlor temporary intervention in unusual Not SpecifiedlOther 083109 circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after proj ect completion to ensure that the award objectives have been accomplished. 14. SITE VISITS DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 15. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies. b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this award will be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), unless the report contains patentable material, protected data, or SBIR/STTR data. Citations for journal articles produced under the award will appear on the DOE Energy Citations Database (www.osti.eov/energycitations). c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable Information (PII), limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. 16. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number [Enter the award number]." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." Not Specifiedl0ther 083109 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are provided as an attachment to this award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may be found at http://www. c~ doe.gov/financial_assistance_awards.htm. b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at http://www. cg doe.gov/documents/Intellectual_Propert~(Il') Service_Providers_for_Acquisition.pdf 19. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made. 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the following events (i) you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the dissolution, winding-up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall (i) specifically set out the details of the occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the proj ect being funded by this award. c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to conduct a review of your award to determine your compliance with the required elements of the award (including such items as cost share, progress towards technical project objectives, and submission of required reports). If the DOE review determines that there are significant deficiencies or concerns with your performance under the award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; or (ii) institute payment controls. d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this financial assistance award by the Contracting Officer. 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the Not SpecifiedlOther 083109 environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. Prohibited actions include: Any project activities other than approved and included in Attachment 2 of this award. This restriction does not preclude you from: Activities included in Attachment 2 of this award. If you move forward with activities that are not authorized for federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share. If this award includes construction activities, you must submit an environmental evaluation report evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which maybe incurred by the recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under Not Specified/Other 083109 the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA andlor modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non-Federal employer means any employer with respect to covered funds -the contractor, subcontractor, grantee, or recipient, as the case maybe, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Se~e~ation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act proj ects. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, maybe used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. C. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized - (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. D. Publication An application may contain technical data and other data, including trade secrets andlor privileged or Not Specifiedl0ther 083109 confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov , maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subj ected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Not Specifiedl0ther 083109 Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). F. Request for Reimbursement Reserved G. False Claims Act Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. H. Information in su~ortin~ of Recovery Act Reporting Recipient maybe required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. L Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015. J. Additional Funding Distribution and Assurance of A~ropriate Use of Funds Applicable if award is to a State Government or an Agency Certification by Governor -- Not later than Apri13, 2009, for funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution -After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion. K. Certifications With respect to funds made available to State or local governments for infrastructure investments Not Specified/Other 10 083109 under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (MAY 2009) a. This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (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 (http://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 (http://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 http://www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THISAWARD TERMISAPPLICABLE TO ANYRECOVERYACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OFA PUBLICBUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443, 000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition-- (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been- (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) 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. Not Specified/Other 11 083109 (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111--5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-- (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall proj ect by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. Request for determination of inapplicability of Section 1605 of the Recovery Act . (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government valuation of the request, including- (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a proj ect for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or Not Specified/Other 12 083109 relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THISAWARD TERMISAPPLICABLE TO ANYRECOVERYACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OFA PUBLICBUILDING OR PUBLIC WORK WITHA TOTAL PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERMALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition-- Designated country - (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Not SpecifiedlOther 13 083109 Germany, Crreece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Crreece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods - (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good - (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. 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. 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. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Iron, steel, and manufactured goods. Not Specified/Other 14 083109 (1) The award term and condition described in this section implements-- (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none"] (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that-- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the proj ect by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including-- (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been Not Specifiedl0ther 15 083109 obligated for a proj ect for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) THIS AWARD TERMIS APPLICABLE TO RECOVERYACT PROGRAMS OR ACTIVITIES THAT MAYINVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR. THIS AWARD TERMALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. 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 Not SpecifiedlOther 16 083109 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. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts 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 TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) a. To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Crrants and Agreements" and OMB Circular A--102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A--102 is available at http://www.whitehouse.gov/omb/circulars/a102/a102.htm1 b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree 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. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.htm1. 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. Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act 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. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 30. DAMS BACON ACT REQUIREMENTS (MAY 2009) THIS AWARD TERMIS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE REOUIREMENTS UNDER SECTION1606 OF THE RECOVERYACT TERMIS APPLICABLE. THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Not SpecifiedlOther 17 083109 Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the following definitions. Recipient means the organization, individual, or other entity that receives an award from DOE and is financially accountable for the use of any DOE funds or property provided for the performance of the project, and is legally responsible for carrying out the terms and conditions of the award. Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or international organizations (such as agencies of the United Nations). Davis-Bacon Act (a) Defznition.-"Site of the work"- (1) Means-- (i) The primary site of the work. The physical place or places where the construction called for in the award will remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is- (A) Located in the United States; and (B) Established specifically for the performance of the award or project; (2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided- (i) They are dedicated exclusively, or nearly so, to performance of the award or project; and (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a award. (b) (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as maybe incorporated for a secondary site of the work, regardless of any contractual relationship which maybe alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the award was performed at that site and shall be incorporated without any adjustment in award price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. Not Specified/Other 18 083109 (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this article; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification maybe compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the award shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the Not Specified/Other 19 083109 classification under this award from the first day on which work is performed in the classification. (d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Rates of Wages The minimum wages to be paid laborers and mechanics under this award involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to this award. These wage rates are minimum rates and are not intended to represent the actual wage rates that the Contractor may have to pay. Payrolls and Basic Records (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the article entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this article. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and maybe purchased from the -- Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the award and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this article and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Not Specifiedl0ther 20 083109 award during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the award. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this article. (4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as maybe necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available maybe grounds for debarment action pursuant to 29 CFR 5.12. Withholding of Funds The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this award or any other Federal award with the same Prime Contractor, or any other federally assisted award subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as maybe considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the award. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the award, the Contracting Officer may, after written notice to the Contractor, take such action as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Apprentices and Trainees (a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed- (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not Not Specified/Other 21 083109 be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. (3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this article, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Where a contractor is performing construction on a proj ect in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Not Specified/Other 22 083109 (d) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this article shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this award. Subcontracts (Labor Standards) (a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation- (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off- site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the wank within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the world' as defined in the article entitled Davis Bacon Act of this award, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the world' definition in paragraph (a)(1)(ii) of the Davis-Bacon Act article, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act article, in the "site of the wank" definition). (b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs within the United States the articles entitled- (1) Davis-Bacon Act; (2) Contract Work Hours and Safety Standards Act -- Overtime Compensation (if the article is included in this award); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination -Debarment; (9) Disputes Concerning Labor Standards; Not Specifiedl0ther 23 083109 (10) Compliance with Davis-Bacon and Related Act Regulations; and (ll) Certification of Eligibility. (c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the award articles cited in paragraph (b). (d) (1)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the articles set forth in paragraph (b) of this article have been included in the subcontract. Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) The Contractor shall insert the substance of this article, including this paragraph (e) in all subcontracts for construction within the United States. Contract Termination -- Debarment A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act -- Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility maybe grounds for termination of the whole award or in part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. Compliance with Davis-Bacon and Related Act Regulations All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this award. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of this article include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Certification of Eligibility (a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of this award shall be subcontracted to any person or firm ineligible for award of a Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work Not Specifiedl0ther 24 083109 under this award must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. 31. HISTORIC PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 20091etter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the requirements of Section 106, the Recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: http://www.ncshpo.or~~find/index.htm. THPO contact information is available at the following link: http://www.nathpo.or map.html. Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of NHPA complete only after the Recipient has submitted adequate background documentation to the SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient that it does not object to its Section 106 finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer. Not Specified/Other 25 083109 ATTACHMENT 1-INTELLECTUAL PROPERTY PROVISIONS Intellectual Property Provisions (NRD-1003) Nonresearch and Development Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOE reserves aroyalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) DOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the DOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Not Specified/Other 26 EECBG Activity Worksheet Grantee: City of Delray Beach DUNS #: - Program Contact Email Program Contact First Name: Randal Project Title: sustainability Officer Activity: 1. Development of Ener y Efficie~~n~!!__~& If Other: Public onserva i~~ra egy Sector: __ If Other: Proposed Number of Jobs Created: ~ • oo Proposed Number of Jobs Retained: Proposed Energy Saved and/or Renewable Energy Generated: not applicable Proposed GHG Emissions Reduced (C02 Equivalents): Proposed Funds Leveraged: Proposed EECBG Budget: 117, 750.00 Projected Costs Within Budget: Administration: $17, 750 . oo Project Contact First Name: Ranaal IVIetfIC ACtlVlty: Workshops, Training, and Education If Other: Subgrants: Email: grantaea9mydelraybeach, cam Project Summary: (limit summary to space provided) This activity will fund the creation of a sustainability Officer position at the City of Delray Beach. JOB PURPOSE: • To develop and deliver a program of sustainable development initiatives through the integration of sustainable development principles into City of Delray Beach policies, projects and strategies. t+IAIN DUTIES • To act in a capacity as the City's lead officer in carrying out the sustainability appraisal and strategic environmental assessment of documents forming the City's development framework and other city projects and strategies • To advise and consult with environmental organizations in scoping the sustainability appraisal and strategic environmental assessment • To prepare innovative advice on incorporating the principles of sustainable design and construction and renewable energy within the built environment • To monitor and report on the effectiveness of sustainable design and renewable energy policies - To provide technical advice, analysis and training on sustainable development and energy generation from renewable sources to the City Commission, community interests and other stakeholders • To provide technical consultation responses to planning applications and informal inquiries • To promote sustainable development including preparing of reports for inclusion in local press and external stakeholders • To attend and advise Green Task Force meetings. • To educate the public about energy efficiency and conservation efforts of the City of Delray Beach and ways these methods could be applied to homes and businesses. Revolving Loans: Last Name: xrej carek Date: o7/z7/2oo9 grantses~mydelraybeach.com Last Name: Krejcarek !l you are proposing more.than one activity, save this file as many times as needed with successive page numbers. For example: "OH-CITY-Columbus- Project Activity page 9.pdf,""OH-CITY-Columbus-Project Activity page 2.pdt,"and continue as needed. EECBG Activity Worksheet Grantee: City of Delray Beach Date: 07/27/2009 DUNS #: - Program Contact Email: grantses~mydelraybeach.com Program Contact First Name: Randal Last Name: xrej carek ProiectTitle: City building energy efficiency retrofit project ACtlVlty: 5. Energy Efficiency Retrofits If Other: Sector: Public If Other: Proposed Number of Jobs Created: 3.0 o Proposed Number of Jobs Retained: Proposed Energy Saved and/or Renewable Energy Generated: 6, 384 (million source BTU) Proposed GHG Emissions Reduced (C02 Equivalents}: 3s3 . ooa Proposed Funds Leveraged: $62 , 000.00 Proposed EECBG Budget: 235, 250. ao Projected Costs Within Budget: Administration: $17, 750 . oo Revolving Loans: 5ubgrants: Project Contact First Name: Randal Last Name: xrejcarek Emall: grantsemZmydelraybeach.ccm MetfiCACtlvity: Building Retrofits If Other: Project Summary: {limit summary to space provided) This activity will perform energy efficiency retrofits to City buildings through changes to lighting, thermostats and light switches. Lighting represents roughly 40 percent of the energy consumption in the commercial building sector. This activity proposes to convert all City building lighting at 50 locations to TB lighting, at a cost of $1750 per location. Installation will be performed by City of Delray Beach staff at a labor value of $40,000. This conversion will be completed within 12 months. This activity also proposes the installation of 20 motion detector light switches in each of 50 buildings at a cost of $100 per unit. Installation will be performed by City of Delray Beach staff at a labor value of $20,000. This conversion will be completed within 12 months. The third component of this activity to convert all thermostats in 50 city buildings from manual to programmable, at a cost of $600 per unit. Installation will be performed by City of Delray Beach staff at a labor value of $2,000. This conversion will be completed within 6 months. This project will be promoted in all City newsletters, press releases, social media, and website, as well as through the Green Task Force and various public meetings including City Commission meetings. The public will be encouraged to implement similar measures in their homes and workplaces. Jf you are proposing more than one activity, save Phis file as many times as needed with successive page numbers. For example: "ON-CJ7Y Columbus- ProjectActlvity page l.pdf," "ON--CITY Columbus-Project Activity page 2.pdf,"and continue as needed. EECBG Activity Worksheet Grantee: DUNS #: City of Delray Beach Date: 07/27/2009 Program Contact Email 9rantses®mydelraybeach.com Program Contact First Name: xanaal Last Name: Krejcarek Project Title: City Lighting Improvements - Sports field lighting ® City Parks ACtlVlty: 12. Lighting Sector: other Proposed Number of Jabs Created: 2.00 If Other: If Other: Governmental Proposed Number of Jobs Retained: o • 00 Proposed Energy Saved and/or Renewable Energy Generated: 79.008 (million source aTU) Proposed GHG Emissions Reduced (C02 Equivalents): 4 , 73s . o00 Proposed Funds Leveraged: $o . 00 Proposed EECBG Budget: 217, 750.00 Projected Costs Within Budget: Administration: $17, soo. oo Revolving Loans: So. 00 Project Contact First Name: Rands i MetflC ACtlVlty: Transportation Project Summary: (limit summary to space provided) If Other: Subgrants: $o . 00 Emall: 9rancoeaxmydelraybeach.can Pompey Park named after long-time Delray Beach resident C. Spencer Pompey, is one of the most utilized parks in the City of Delray Beach. This 17.5 acres park includes a recreation center with a game room, gymnasium and auditorium. The park features 2-lighted little league baseball fields, 1-lighted junior/senior league baseball field, 1 multipurpose field, spectator bleachers/benches located at each field, 2 batting cages, press box, concession stand, outdoor lighted tennis courts, outdoor lighted basketball courts, outdoor lighted racquetball courts, a state of the art playground area, 2 picnic pavilions, and picnic areas with barbecue grills, tables, and benches. Adjacent to the recreation center is the Pompey Park Pool with both swimming and wading pools. This project proposes to replace the existing 102 existing sports lighting fixtures with 74 energy efficient fixtures. The City estimates a energy consumption savings of 36,372 kwh at 700 annual hours of use. This project will replace fixtures throughout the park as follows, and will also feature a "smart" light management system that will allow for remote management of the Park's lighting system via the Internet and will provide historical information on equipment operation and maintenance and facility usage. - 200' radius baseball field - 24 existing fixtures, replacing with 16 new Green fixtures - 200' radius baseball field - 24 existing fixtures, replacing with 16 new Green fixtures - 280' radius baseball field - 30 existing fixtures, replacing with 22 new Green fixtures - set of 2 basketball courts - 12 existing fixtures, replacing with 8 new Green fixtures - set of 2 tennis courts - 12 existing fixtures, replacing with 12 new Green fixtures As the City's highest profile park, Pompey Park will provide a showcase for the energy and green house gas savings of energy efficient lighting. SIgnage will be affixed on or near lighting to advise the public of energy savings. Located in the heart of the African-American community in Delray Beach, the major goal and objective of Pompey Park is to enhance the quality of life for the total community. The center's main building was constructed with federal Community Development Block Grant funds to provide a social, recreational and civic facility for the community. The center serves approximately 150,000 participants yearly and there are over 48 clubs, organizations and civic groups utilizing Pompey Park on a monthly basis. Major events held at Pompey Park are basketball leagues and tournaments, Little League and adult baseball, luncheons, card parties, plays, wedding receptions, gospel concerts, banquets, racquetball tournaments, softball leagues, tennis tournaments and lessons, a tutoring program, Keith Straghn Thanksgiving dinner, Martin Luther King, Jr. Celebration and the Roots Festival. The park also hosts a variety of camps throughout the year for children for ages 5 - 12 years old. This project will be promoted in all City newsletters, press releases, social media, and website, as well as through the Green Task Force and various public meetings including City Commission meetings. The public will be encouraged to implement similar measures in their homes and workplaces. t.a5t Name: Krejcarek !f you an; proposing more than one activity. save this Cle as many times as needed with successive page numbers. For example: "OH-CITY-Columbus- ProjectActivity page f.pdt," "OH-CITY-Columbus-Project Activity page 2.pol,"and continue as needed. EECBG Activity Worksheet Grantee: City of Delray seach Date: 07/27/2009 DUNS #: - Program Contact Email: grantses®mydelraybeach. com Program Contact First Name: Randal Last Name: Krej carek Project Title: Solar energy demonstration at Fire Station #1 (5000 kw} Activity: 13 . Onsite Renewable Technology If Other: Sector: public If Other: Proposed Number of Jobs Created: 1 • oo Proposed Number of Jobs Retained: Proposed Energy Saved and/or Renewable Energy Generated: 91, 9eo (million source sTU) Proposed GHG Emissions Reduced (C02 Equivalents): 5, 516.000 Proposed Funds Leveraged: Proposed EECBG Budget: 67, 750.00 Projected Costs Within Budget: Administration Project Contact First Name: Randal MetfiC ACtlVlty: Building Retrofits Project Summary: {limit summary to space provided) If Other: This activity will provide for installation of a 5000kw solar (PV} energy system at Fire Station #1. Fire Station #1 is located in the heart of downtown Delray Beach and serves as Fire Administration Headquarters as well as the Emergency Operations Center for the City. This activity will be accomplished through a contract with a private vendor, within 12 months. This project has the additional benefit of providing an alternative source of power for a critical facility during disaster recovery. Delray Seach is located in Palm Beach County, Florida, the site of many severe hurricane strikes over the last decade. This activity will serve as a major demonstration on renewable energy in a high profile location. This project will be promoted in all City newsletters, press releases, social media, and website, as well as through the Green Task Force and various public meetings including City Commission meetings. The public will be encouraged to implement similar measures in their homes and workplaces. $17, 500.00 Revolving Loans: Last Name: Krejcarek Subgrants: Email: grantaea2mydelraybcaeh.con !f you are proposing more than one activity, save this frle as many times as needed with successive page numbers. For example: "OH-CITY-Columbus- Project Activity page 9.pdf," "ON-CITY-Columbus-Project Activity page 2.pdt,"and continue as needed. DOE F 4600.2 ~2~o9i ATTACHMENT 3 All Other Editions Are Obsolete U.S. Department of Energy FEDERAL ASSISTANCE REPORTING CHECKLIST AND INSTRUCTIONS 1. Identification Number: 2. Program/Project Title: DE-S00002536 Energy Efficiency and Conservation Block Grant 3. Recipient: Delray Beach, Florida 4. Reporting Requirements: Frequenc No. of Copies Addressees A. MANAGEMENT REPORTING Upload only 1 copy ^ Progress Report to the address in the A next column at the EECBG(a~co.doe.cov ® Special Status Report interval specified in Contracting Officer listed in Block 25 the previous column. of Assistance Agreement B. SCIENTIFIC/TECHNICAL REPORTING (Reports/Products must be submitted with appropriate DOE F 241. The 241 forms are available at www.osti.gov/elink) Report/Product Form ^ Final Scientific/Technical Report DOE F 241.3 ^ Conference papers/proceedings' DOE F 241.3 ^ Software/Manual DOE F 241.4 ^ Other (see Special Instructions) DOE F 241.3 * Scientific and technical conferences only C. FINANCIAL REPORTING ® SF-425, Federal Financial Report Q, F EECBG(~go.doe.gov Contracting Officer listed in Block 25 of Assistance Agreement D. CLOSEOUT REPORTING ^ Patent Certification EECBG(~ og doe.yov ® Property Certification F Contracting Officer listed in ^ Other (see Special Instructions) Block 25 of Assistance Agreement E. OTHER REPORTING ^ Annual Indirect Cost Proposal ^ Annual Inventory Report of Federally Owned Property, if any ® Other- See Section 5 below: Q, F, A See Special Instructions Below FREQUENCY CODES AND DUE DATES: A - Within 5 calendar days after events or as specified. S - Semiannually; within 30 days after end of reporting period. F - Final; 90 calendar days after expiration or termination of the award. Q _ Quarterly; within 30 days after end of the reporting period. Y - Yearly; 90 days after the end of the reporting period. 5. Special Instructions: Forms are available at https://www.eere-pmc.energy.gov/forms.asp. Other Reporting is as follows: Energy Efficiency and Conservation Strategy (if applicable ) ANNUAL REPORTS ARRA -Performance Progress Report See Federal Assistance Reporting Instructions on following pages for more details. Please note: All quarterly reports are due no later than 30 days after the end of the reporting period. Because this award is funded under the Recovery Act, the ARRA Performance Progress Report is due no later than 10 days after the end of the reporting period. Federal Assistance Reporting Instructions Reporting requirements under the EECBG Program consist of the following types of reports: SPECIAL STATUS REPORT The recipient must report the following events by e-mail as soon as possible after they occur: 1. Developments that have a significant favorable impact on the project. 2. Problems, delays, or adverse conditions which materially impair the recipient's ability to meet the objectives of the award or which may require DOE to respond to questions relating to such events from the public. For example, the recipient must report any of the following incidents and include the anticipated impact and remedial action to be taken to correct or resolve the problem/condition: a. Any single fatality or injuries requiring hospitalization of five or more individuals. b. Any significant environmental permit violation. c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health statutes or regulations. d. Any incident which causes a significant process or hazard control system failure. e. Any event which is anticipated to cause a significant schedule slippage or cost increase. f. Any damage to Government-owned equipment in excess of $50,000. g. Any other incident that has the potential for high visibility in the media. FINANCIAL REPORTING ^ FOR ALL RECIPIENTS: Submit a Quarterly Progress Report and the SF-425 Federal Financial Report. Instructions for the Quarterly Progress Report are below. The SF-425 is available at http://www.whitehouse.gov/omb/grants/index.html. CLOSEOUT REPORTING Property Certification The recipient must provide the Property Certification, including the required inventories of non-exempt property, located at http://grants.pr.doe.gov. EECS STRATEGY (for units of local government and Indian tribes only) ^ FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES: units of local government and Indian tribes that do not submit an Energy Efficiency and Conservation Strategy (EECS) with their application must submit one not later than one-hundred twenty (120) days after the effective date of the award. The EECS shall be a comprehensive strategy that covers, at a minimum, all items details in Attachment D as well as the following: ^ Jurisdictional area covered by plan and governing body and/or office with direct authority over plan ^ Plan implementation partners and any leverages funds from private or other public sources ^ Baseline energy use and GHG emissions inventory and forecast ^ Goals/objectives for total energy use and emissions reductions, and energy efficiency increase (including deployment of renewable technologies) • Goals can be qualitative ^ Actions/plans/strategies and implementation schedule to meet goals Actions and strategies included in the plan can be eligible activities for use of funds under EECBG as well as activities that are ineligible; comprehensive planning is encouraged. The eligible activities should be marked as such. ^ Applicants are encouraged, in particular, to include the potential impact of anticipated leveraged funds from private as well as other public sources. Expected outcomes and benefits of plan: ^ Jobs created and/or retained ^ Energy saved ^ Renewable energy capacity ^ GHG emissions reduced ^ Funds leveraged ^ Obstacles to reaching goals and strategies to remove obstacles ^ Policies and/or administrative actions adopted or needed to support actions/plans/strategies/targets/schedule ^ Evaluation, monitoring and verification plan Plan for how activities will be sustained beyond grant period ^ Plans for the use of funds by adjacent eligible units of local governments that receive grants under the program; and plans to coordinate and share information with the state in which the eligible unit of local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under this part. ^ Plans for how these funds will be coordinated with leverages funds, including other Recovery Act funds, to maximize benefits for local and regional communities. ANNUAL REPORTS ^ FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES: Submit annual reports not later than two (2) years after the effective date of this award and annually thereafter. The annual report shall describe the status of development and implementation of the energy efficiency and conservation strategy and an assessment of energy efficiency gains within the jurisdiction of the eligible unit of local government or Indian Tribe. The annual report shall also address the metrics listed below. FOR STATES: Submit annual reports not later than one (1) year after the effective date of this award and annually thereafter. The annual report will include the metrics listed below as well as: ^ The status of development and implementation of the energy efficiency and conservation strategy of the state during the preceding calendar year; The status of the subgrant program of the state; ^ Specific energy efficiency and conservation goals of the state for subsequent calendar years; and ^ Activities (list all programs created or supported by program funds and amount of program funds spent on each activity, indicate which programs are new and which are existing, indicate which programs are supported solely by program funds, and which have other funding sources. ARRA PERFORMANCE PROGRESS REPORT Failure to comply with this reporting requirement may result in termination of that part of the award funding by Recovery Act. Not later than 10 days after the end of each calendar quarter, each recipient shall submit a report to the grantor agency that contains: ^ The total amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds received from that agency; ^ The amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds received that were expended or obligated to project or activities; ^ A detailed list of all projects or activities for which American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds were expended or obligated including: o Name of project or activity o Description of project or activity o Evaluation of the completion status of project or activity o Estimate of number of jobs created and retained by project or activity in the manner and form prescribed by DOE o Infrastructure investments made by State and local governments, purpose, total cost, rationale or agency for funding infrastructure investment, name of agency contact. o Information on subcontracts or subgrants awarded by recipient to include data elements required to comply with the Federal Accountability and Transparency Act of 2006 (Pub. L. 109-282). • Compliance: As a condition of receipt of funds under this Act, no later than 180 days of enactment, all recipients shall provide the information described above. DOE intends to append the periodic ARRA -Performance Progress Report to include reporting on the following, at a minimum: The results of the funding provided for the EECBG Program through the American Recovery and Reinvestment Act (ARRA) will be assessed according to the following performance metrics: • Jobs created and/or retained Energy (kwh/therms/gallons/BTUs/etc.) saved Renewable energy generated GHG emissions reduced • Cost savings The metrics described below are designed to track the accomplishments of projects funded by EECBG. States must not include results reported by direct grant recipients. Grant recipients will be presented with reporting requirements at the time they receive funding and will be expected to report their achievements in terms of the specified metrics presented below. Grant recipients will be required to report quarterly on project expenditures, and also on specific activities and achievements, such as square feet of buildings retrofitted. These items tend to be outputs (actions taken by grant recipients) but also include some short-term outcomes (results achieved relatively soon after project outputs occur that lead toward attainment of ultimate project objectives). Expenditures: Accurate records should be kept on project expenditures for all EECBG ARRA funded efforts. The specific information to be gathered and tracked is listed below. It will be the same for all project types: ^ Expenditures for project activities Expenditures for administration Expenditures for evaluation Leveraged funds Metrics Activity: The key metrics to be reported will vary by project type. The minimum information to be reported, by project activity type, is reported below. Building Codes and Standards • Name of new code adopted Name of old code replaced ^ Number of new and existing buildings covered by new code Building Retrofits • Number of buildings retrofitted, by sector Square footage of buildings retrofitted, by sector Clean Energy Policy Number of alternative energy plans developed or improved • Number of renewable portfolio standards established or improved Number of interconnection standards established or improved 4 Number of energy efficiency portfolio standards established or improved Number of other policies developed or improved Building Energy Audits ^ Number of audits performed, by sector Floor space audited, by sector Auditor's projection of energy savings, by sector Energy Efficiency Rating and Labeling ^ Types of energy-consuming devices for which energy-efficiency rating and labeling systems were endorsed by the grantee Government, School, Institutional Procurement Number of units purchased, by type (e.g., vehicles, office equipment, HVAC equipment, streetlights, exit signs) Industrial Process Efficiency (kwh equivalents) ^ Reduction in natural gas consumption (mmcf) Reduction in fuel oil consumption (gallons) Reduction in electricity consumption (MWh) Loans and Grants ^ Number and monetary value of loans given Number and monetary value of grants given Renewable Energy Market Development ^ Number and size of solar energy systems installed ^ Number and size of wind energy systems installed Number and size of other renewable energy systems installed Financial Incentives for Energy Efficiency and Other Covered Investments ^ Monetary value of financial incentive provided, by sector ^ Total value of investments incentivized, by sector Technical Assistance Transportation Number of information transactions contacts (for example, webinar, site visit, media, fact sheet) in which energy efficiency or renewable energy measure were recommended, by sector ^ Number of alternative fuel vehicles purchased Number of conventional vehicles converted to alternative fuel use ^ Number of new alternative refueling stations emplaced Number of new carpools and vanpools formed • Number of energy-efficient traffic signals installed ^ Number of street lane-miles for which synchronized traffic signals were installed Workshops, Training, and Education Number of workshops, training, and education sessions held, by sector ^ Number of people attending workshops, training, and education sessions, by sector Other Activities Not Previously Defined Pertinent metric information for any activity not defined above should be captured and included as needed Short-term Outcomes (DOE will provide supplemental guidance on how to calculate these outcomes to ensure consistent approaches that results can be aggregated at a regional, State and national level): Energy Savings (kwh equivalents) ^ Annual reduction in natural gas consumption (mmcf) by sector and end-use category ^ Annual reduction in electricity consumption (MWh) by sector and end-use category Annual reduction in electricity demand (MW) by sector and end-use category ^ Annual reduction in fuel oil consumption (gallons) by sector and end-use category ^ Annual reduction in propane consumption (gallons) by sector and end-use category ^ Annual reduction in gasoline and diesel fuel consumption (gallons) by sector and end-use category Job Creation/Retention ^ Number Type ^ Duration Renewable Energy Capacity and Generation ^ Amount of wind-powered electric generating capacity installed (MW) Amount of electricity generated from wind systems (MWh) ^ Amount of photovoltaic generating capacity installed (MW) ^ Amount of electricity generated from photovoltaic systems (MWh) Amount of electric generating capacity from other renewable sources installed (MW) Amount of electricity generated from other renewable sources (MWh) Emissions Reductions (tons) (C02 equivalents) ^ Methane Carbon Sulfur dioxide ^ Nitrogen oxide ^ Carbon monoxide Protected Personally Identifiable Information (PII) Reports must not contain any Protected PII. PII is any information about an individual which can be used to distinguish or trace an individual's identity. Some information that is considered to be PII is available in public sources such as telephone books, public websites, university listings, etc. This type of information is considered to be Public PII and includes, for example, first and last name, address, work telephone number, a-mail address, home telephone number, and general educational credentials. In contrast, Protected PII is defined as an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts, etc. co co 0 0 0 U w E Z 'o 3 Q J li.. m R a~ 0 0 U G) E to Z C 4d Q N R G7 O a C O ++ V N C O V C O Z C d m O O O O O O O O O O O O O O O O I O O Ef? to 69 O ~ ~ !n lA C Eff O EA O i d9 ` L A O O l ` I ~ ' ~ M ~ O M L 7 f ~ ~ 1 C7 0 ~ En ~ !M ~ H . 6 9 to fA ~ v 11 i tSf ° ~u - - i c i ~~ ~ ° ° ~ v v a ~ ~ h ti i I i m 8 `•° i N .~ d zy ~ ~ G C Z ii Z e i ', ' ~ ; t ~ t ~ ~ i ~ ~ I ' m i ~ I ~i ~ ~ LL ~; ~ 'I o ~i C ~~ i 3 LL (h ~ f E ~ o ~ o ~ , I i F: o n. 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U a O ti 4 d Q ~ O U N ~ ~ a ~ ~ a a N y U 7 Q a> i~ N d .D W vi 7 O .~ a Page 1 of 6 General Decision Number: FL080131 09/04/2009 FL131 State: Florida Construction Type: Building County: Palm Beach County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories}. Modification Number Publication Date 0 07/10/2009 1 09/04/2009 * ELEC0728-004 08/31/2009 Rates Fringes ELECTRICIAN, Excluding Installation of HVAC Temperature Control ..............$ 28.46 12.5$+5.00 ---------------------------------------------------------------- ELEV0071-001 01/01/2009 Rates Fringes ELEVATOR MECHANIC ................$ 35.21 18.285 FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8~ basic hourly rate for 5 years or more of service or 6$ basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ---------------------------------------------------------------- ENGI0487-011 01/01/2009 Rates OPERATOR: Concrete Pump With Boom Attachments when Manned With One Operator....$ 28.30 With Boom Attachments with Two Operators ...............5 25.05 OPERATOR: Crane All Tower Cranes (Must have 2 operators} Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is Fringes 7.65 7.65 http://www.wdol.gov/wdol/scafiles/davisbacon/FL131.dvb 9/14/2009 Page 2 of h rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice}; Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck .................. $ 28.30 7.65 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, S Over 50 Tons (With Oiler/Apprentice); Boom Truck ....................... $ 27.57 7.65 OPERATOR: Mechanic .............. $ 27.57 7.65 OPERATOR: Oiler ................. -- $ 22.24 ------------- 7.65 ------------------ ------------------------------- IRON0402-002 09/01/2009 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL.......$ 22.22 7.65 ---------------------------------------------------------------- LAB01652-001 05/01/2009 Rates Fringes LABORER: Form Work Only.........$ 14.00 4.67 ---------------------------------------------------------------- PAIN0452-005 07/01/2008 Rates Fringes PAINTER: Steel On1y .............5 16.00 6.15 ---------------------------------------------------------------- SFFL0821-001 07/01/2009 Rates Fringes SPRINKLER FITTER (Fire Sprinklers} ......................$ 26.80 13.60 ---------------------------------------------------------------- SHEE0032-004 01/01/2009 Rates Fringes SHEETMETAL WORKER, Excluding HVAC Duct Installation...........$ 20.93 11.59 ---------------------------------------------------------------- * SUFL2009-028 05/22/2009 Rates Fringes BRICKLAYER .......................$ 18.93 0.00 http://www.wdol.gov/wdol/scafiles/davisbacon/FL131.dvb 9/14/2Q(}9 Page 3 of 6 CARPENTER, Including Acoustical Ceiling Installation (Excluding Drywall Hanging and Formwork).... $ 15.89 1.05 CEMENT MASON/CONCRETE FINISHER... $ 14.00 0.00 DRYWALL HANGER ................... $ 13.93 0.84 FENCE ERECTOR .................... $ 15.50 0.30 FLOOR LAYER: CARPET (SOFT) FLOOR ............................ 5 19.00 2.10 GLAZIER .......................... $ 16.93 2.68 HVAC MECHANIC (HVAC Pipe Installation only) ............... 5 17.75 2.62 HVAC MECHANIC (HVAC System Installation Only) ............... $ 18.61 2.70 HVAC Mechanic (Installation of HVAC Temperature Controls).... $ 16.87 2.16 INSTALLER - OVERHEAD DOOR........ $ 14.40 0.00 LABORER: Asphalt Raker.......... $ 10.40 0.00 LABORER: Asphalt Shoveler....... $ 7.88 0.00 LABORER: Common or General...... $ 9.84 0.84 LABORER: Concrete Saw........... $ 12.63 0.00 LABORER: Landscape and Irrigation ....................... $ 9.91 0.41 LABORER: Mason Tender - Brick... S 10.75 0.00 LABORER: Mason Tender - Cement/Concrete .................. $ 12.83 1.90 LABORER: Pipelayer .............. $ 12.67 1.17 LABORER: Roof Tearoff........... S 8.44 0.00 MECHANICAL INSULATOR, Including Duct and Pipe.......... $ 13.98 2.07 OPERATOR: Asphalt Spreader...... 5 11.41 0.00 OPERATOR: Backhoe/Excavator..... $ 15.45 0.00 OPERATOR: Blade/Grader.......... 5 13.73 0.00 OPERATOR: Bulldozer ............. 5 16.21 0.00 OPERATOR: Distributor........... $ 12.37 0.00 http://www.wdol.gov/wdol/scafiles/davisbacon/FL131.dvb 9/14/2009 Page 4 of 6 OPERATOR: Forklift .............. $ 14.00 0.00 OPERATOR: Loader ................ $ 13.01 0.00 OPERATOR: Paver ................. $ 12.75 0.00 OPERATOR: Roller ................ $ 10.99 0.00 OPERATOR: Screed ................ S 13.05 0.00 OPERATOR: Tractor ............... $ 9.91 0.00 OPERATOR: Trencher .............. $ 11.75 0.00 PAINTER: Brush, Roller and Spray (Includes Drywall Finishing/Taping) ................ $ 12.04 1.27 PIPEFITTER, Excluding HVAC Pipe Installation ................ 5 17.85 2.54 PLASTERER ........................ $ 18.14 0.00 PLUMBER, Excluding HVAC Pipe Installation ..................... $ 17.58 3.26 ROOFER (Metal Roof Only)......... 5 15.41 0.00 ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate & Tile (Excluding Metal Roof) ...................... $ 13.59 0.00 SHEETMETAL WORKER (Excluding HVAC Duct Installation).......... $ 15.62 2.03 TILE SETTER ...................... $ 16.00 0.00 TRUCK DRIVER: 3 Axle Truck...... $ 10.50 0.80 TRUCK DRIVER: Dump Truck........ 5 10.00 0.00 TRUCK DRIVER: Lowboy Truck...... --------------------------------- $ - 13.78 ------------ 0.00 ------------------ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a){1}(ii}). http://www.wdol.gov/wdol/scaiiles/davisbacon/FL131.dvb 9/14/2009 Page 5 of 6 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination * a wage and Hour Division letter setting forth a position on a wage determination matter * a conformance {additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. if the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator {See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. http://www.wdol.gov/wdol/scafiles/davisbacon/FL131.dvb 9/14/2009 Page C of 6 Washington, DC 20210 The request should be accompanied by a Eull statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.} that the requestor considers relevant to the issue. 3.} if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board}. Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.} All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:l/www.wdol.govlwdollscafilesldavisbaconlFL131.dvb 9/14/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa M. Herrmann, Budget Officer Joseph Safford, Finance Director THROUGH: David T. Harden, City Manager DATE: October 14, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 RESOLUTION N0.56-09/BUDGET AMENDMENT ITEM BEFORE COMMISSION The Commission is requested to consider Resolution No. 56-09 which amends the FY 2009-10 budget. BACKGROUND Resolution No. 56-09 provides for adjustments in the FY 2009-10 budget due to the federal stimulus funding that has been received through the American Recovery and Reinvestment Act (ARRA) of 2009. The first adjustment is the Energy Efficient Conservation Block Grant (EECBG). The City was informed of this award from the US Department of Energy on October 5, 2009 (effective date of award is September 21, 2009). This was an ARRA Economic Stimulus Grant that was awarded to the City to install energy efficient retrofits within City facilities, Pompey Park athletic field lighting, and Fire Station #1 Solar Energy System; and to fund a Sustainability Officer position for one year. The period of performance in 9/21/09 to 9/30/10. The total for this grant is $638,500. The second adjustment is to budget the prospective ARRA Justice Assistance Grant (CFDA#16.738) award in the amount of $100,000 to the City of Delray Beach from the Palm Beach County (PBC) Criminal Justice Commission. This is a prospective ARRA Economic Stimulus Grant award which will be directly awarded to the Florida Department of Law Enforcement (FDLE) and FDLE will sub-grant the funds to the PBC Criminal Justice Commission and PBC will sub-grant the funds to the City of Delray Beach. The grant will fund the Weed and Seed Strategy for the period of 10/1/09 - 9/30/10. RECOMMENDATION Recommend approval of Resolution No. 56-09 amending the FY 2009-10 budget. RESOLUTION NO. 56-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-09 ADOPTED SEPTEMBER 22, 2009, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2009/2010, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2009/2010; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 49-09 adopted by the City Commission of the City of Delray Beach, Florida, on September 22, 2009, is hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", 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 City 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 City 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 City 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 City 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 therefor. 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 CitS~ government shall be paid promptly into the City 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 tax levy and the budget on September 10, 2009, and September 22, 2009. Section 10. That this resolution shall become effective immediately upon passage. 2009. PASSED AND ADOPTED in regular session on this the 20th day of October, MAYOR ATTEST: City Clerk RES. NO. 56-09 EXHIBIT A (As Amended) CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 7.1900 AD VALOREM TAXES 0.5316 AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES 1.0000 BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2009-2010 General Fund DOWNTOWN Amended DEVELOPMENT ENTERPRISE FY 09/10 FUND FUNDS 932,499 SPECIAL REVENUE FUNDS TOTAL 1,429,397 572,678 2,934,574 48,368,245 0 0 0 48,368,245 3,576,985 0 0 0 3,576,985 168,000 0 0 0 168,000 0 472,870 0 0 472,870 1,300,000 0 0 0 1,300,000 4,546,960 0 0 0 4,546,960 4,140,000 0 0 0 4,140,000 9,905,210 0 21,500 0 9,926,710 5,814,220 0 3,250 5,235,513 11,052,983 8,565,380 0 44,153,750 0 52,719,130 821,700 0 0 53,000 874,700 5,363,720 2,000 232,040 499,190 6,096,950 3,445,350 0 100,000 989,620 4,534,970 96,015,770 474,870 44,510,540 6,777,323 147,778,503 96,948,269 474,870 45,939,937 7,350,001 150,713,077 General Government Services 9,521,061 0 0 638,500 10,159,561 Public Safety 53,678,608 0 0 893,692 54,572,300 Physical Environment 559,380 0 27,408,657 0 27,968,037 Transportation 3,359,810 0 0 514,706 3,874,516 Economic Environment 7,583,390 473,120 0 2,945,873 11,002,383 Human Services 64,250 0 0 792,850 857,100 Culture & Recreation 13,636,720 0 3,840,330 1,059,250 18,536,300 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 96,948,269 473,120 44,314,207 6,844,871 148,580,467 Reserves 0 1,750 1,625,730 505,130 2,132,610 TOTAL EXPENDITURES AND RESERVES 96,948,269 474,870 45,939,937 7,350,001 150,713,077 Budget Amendment Fiscal Year 2009-2010 General Fund There will be no change to the General Fund. Other Funds ARRA Economic Stimulus Fund This fund will increase $738,500 overall. The first adjustment is the Energy Efficient Conservation Block Crrant (EECBG). The City of Delray Beach was informed of the award from the US Department of Energy on October 5, 2009 (effective date of award is September 21, 2009). This was an ARRA Economic Stimulus Crrant that was awarded to the City to install energy efficient retrofits (i.e., programmable thermostats, motion detectors and T-8 lighting and ballasts) within all City facilities, Pompey Park outdoor athletic field lighting, Fire Station #1 Solar Energy System and to fund a Sustainability Officer position for one year. The period of performance is 9/21/09 to 9/30/12. The total for this grant is $638,500. The second adjustment is to budget the prospective ARRA Justice Assistance Crrant (CFDA#16.738) award in the amount of $100,000 to the City of Delray Beach from the PBC Criminal Justice Commission. This is a prospective ARRA Economic Stimulus Crrant award which will be directly awarded to FDLE and FDLE will sub-grant the funds to the PBC Criminal Justice Commission and PBC will sub-grant the funds to the City of Delray Beach. The grant will fund the Weed and Seed Strategy for the period of 10/1/09 - 9/30/10. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 AGREEMENT/GREEN MEADOWS HORSE & CARRIAGES ITEM BEFORE COMMISSION City Commission is requested to approve an agreement between the City and Green Meadows Horse & Carriage to provide service along Atlantic Avenue and N.E. 2nd Avenue from November 17, 2009 through Apri13, 2010. BACKGROUND We have been requested by Marjorie Ferrer to consider approval of this agreement for the upcoming holiday season. By this agreement, Green Meadows Horse & Carriage would provide horse carriage rides for the dates specified. The route would be along Atlantic Avenue, with pick up and drop off points at the Marriott Atlantic Avenue entrance and two (2) parking spots on the south east corner of Old School Square on NE 1St Avenue. The proposed schedule of service is as follows: from November 17, 2009 through November 28, 2009, Tuesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting; from November 29, 2009 through January 16, 2010, daily from 5:30 p.m. until 11:00 p.m., weather permitting; and from January 19, 2009 through April 3, 2010, Tuesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting. Ten percent of the gross revenue received would be donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Christmas Tree. The fee will be up to $40.00 for four (4) adults and $10 for each additional adult. All City staff concerns regarding safety, clean up and care of animals have been addressed in the agreement. LDR's section 2.4.6(f)(3)(d) allows this use during the season. The proposed agreement is attached. Prior to start, the company will need to provide the City with a Certificate of Liability Insurance. RECOMMENDATION Staff recommends approval of the proposed agreement between the City and Green Meadows Horse & Carriage to provide horse and carriage rides along Atlantic Avenue and N.E. 2nd Avenue as specified in the agreement, contingent on the receipt of the Certificate of Liability Insurance. ~~ ~,'.s.. H..l~-E$E A~F~.. D~LRA9!' SEFI~,CH'~Le 334t3~ ~.1~3~~ ~ _ C~i,~.~ 7['~I' ~'+t~3* _ CYl"~'7CY _, +IaY-t„ ~~ ~ 1~ ~~ V Mr, Bob Barcinski ~l,;l~ ~ ~ *~~~~ Assistant City Manager City of Delray Beach AgNi1Nl5`l'~TIVE; S~l1ViC~S N~ 1St Avenue Delray Beach, Fl 33444 (7etober 5t~, 2009 Dear Bob; Green Meadows Horse & Carriage has high hopes that we will be able to provide carriage services for the City of Delray Beach for the 2009/2010 Holiday Season. This season we would like to provide carriage services from November I7, 2009 thraugh Apri13, 2010 with three sets of tunes, days and dates of opez'atian; o From 5:30ptn to 11:00pm, Tuesday tlv'ough Saturday, November I7, 2009 through. Naveznber 28, 2009. a Fz'om 5:30pm to 11:OOprn, daily from November 29, 2009, through ~anuazy 1 &, 2010, a From 5:30prn to I 1:OOpm Tuesday through Saturday, January I9, 2010 thraugh April 3, Zola. We would tike to donate I O°/a of our gross revenues to the City of Delray Beach, Downtown Marketing Cooperative to offset the cost of the 2009/2010 Holiday preparations and decorations. In the best interests of the public and the harses, Y would also like to request that the pickup and drop off spaces be waved to: ~~~ o the Southeast corner of Old School Squax°e on NE 1St 54~~'" o the first parking space outside of Rabat's 1'harn~acy (Atlantic ar on 4~~'}: a Marriot Hotel, Atlantic Ave en#rance, We would like to provide carriage services along Atlantic Avenue to the Marriott Hotel and along Pineapple Grove Way with estimated tunes of 24-25 minutes per route, The fee wilt be $40 fax up to foot adults and an additional $10 for each adult, Children may ride for free. Green Meadows horse ~ Carriage will take foil responsibility for any and all aspects of the carriage services white in the City of Delray Beach and will add the City of Delray Beach as an additional insured on our 200912010 insurance policy, T would like the City of Aelray Beach to know that the horses, personnel, and equipment will be presented in a professional manner. We will follow alI sanitary procedtues to ensure the cleanliness of your beautiful city, including proper disposal of sanitary waste disposal and will never dispose of any manure down storm drawls, ~Ie will carry a neutralizing solution to eliminate all twine spot odors. I have always managed to keep horses in my life. Isve been a groom, cleaned stalls, taught lessons, trained horsed--and two years ago started driving a horse and ca1'riage. 1 was overfoyed to acquire three horses fiom the previous business, fluke, Casper and Jasper. Tha horses have been stabled in Ohio for the summer receiving special care and attention, and all three are thriving. In Florida, fihe horses are stabled at: 2850 B road, Loxahatchee, and FI 334'70. Our Florida veterinarian is, keid and Associates, l b30 F .Road, Loxahatchee, Fl 33470. if you have any questions ar need any additional information, please do not hesitate to call meat: X13-3X3-2QG7. I look forward to heaving from you. so together we can make this a beautiful and successful 2o0~/x010 holiday season, Sincerely, en~ Michele "Missy" 1-lelton Green Meadows 1-Iorse & Carriage ACREE~~I~f'tl' `f'~ T'1S w0. I~EEME ~', made and entered onto this day of , 2049 by and between the GI'X`Y ~ ®ELRAlf' iEA, FII~OREE~A, a municipal corporation (hereinafter referred to as "CITYi'}, and GREEN MEADOWS HGRSI~ ~ CARRIAGiE, {hereinafter referred to as "CARRIAGES"}, WITNESSETH; WHEARAS, CITY controls certain roadways located within the City of Delray ~3each; and WHEARAS, CARRIAGES desire to use these raadways far the operation of horse and carriage services to the general public; and WHEARAS, CITY believes that offering carriage services during the Holiday Season will increase revenues to the City; and WHERAES, CARRIAGES agrees that ten percent {14°l0} of their gross revenues shall be donated to the Downtown Marketing Cooperative for use to offset the cost of the holiday preparations and decaretions far the 204912010 holiday season. N4W, THEREFORE, in cansideratian of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree to as follows: 1. LICENSE: TERMS CITY hereby grants to CARRIAGES the right and privilege to use Atlantic Avenue east of Swinton Avenue to the Marriott Hotel from November 3, 2009 through April 3f 2010. CARRIAGES rights shall cover an additional one {1} day after the term of the license to allow CARRIAGES to remove any and all necessary equipment associated with CARRIAGES. The ten percent (10°10} donation to the Downtown Marketing Cooperative shall survive the termination of the agreement. 2. LIGENSE AGREEMENT ©NLY This agreement between CITY and +CARRIAGES is a license agreemen#, net a lease or purchase agreement, and should be construed by a court of competent jurisdiction only to be a license agreement. Furthermore, the License Agreement does Not grant nor is CARRIAGES receiving hereunder any rights to any reef property, nor any property interests of CITY except to which is set forth in this agreement. ~. FACII~ITI>ws AN1~ SERVICES PROVI[}ED gY cITY (a) Unless otherwise herein specified, CITY shall be responsible far, or agrees #o provide, at no charge to CARRIAGES the following assistance in connection with the operation of the carriage services. ~I~ Non exclusive use of Atlantic Ave, east of Swinton Ave. to the Marriott Hotel including non exclusive use of N.E. 2"~ Ave. north to N.E. stn St., and III) Non exclusive use of two (2) parking spaces, one (1) space an the south east corner of tJld Schaal Square an N.E. '1st. Ave. by the Christmas Tree, and one (1) space in the first parking space au#side of Hubers Pharmacy on S.E. 4t'' Ave. ~l. QPEI~ATIt7N GP CARRIAGE SERVICES The arganixation and operation of all carriage services shall be the responsibility of CARRIAGES. The operation shall occur in accordance with the following rules: day Conduct ail business relative to all carriage services; I'~ fib) Carriage services shall be provided from Nam; 2449 thru Nov.28, 2049 Tues. thru Sat. 5:30 pm to 11:44 pm, weather permitting.Nov.29,2449 to Jan.16, 2414, daily from 5,34 prn to 11:44 pm, weather permit#ing.Jan.19,2414 to April 3, 2Q14 from 5:34 pm to 11:44,weather permitting; (ay Ali donations of ten (10°l0) percent of revenues will be paid to the Downtown Marketing Cooperate to offset the cost of the Holiday prepare#ions and decorations; 2 {d} (2} horse & carriages wilt be provided on each day of service with the option of a third {3r~} horse & carriage as needed; (e} Provide proper vehicle illumination & reflective signs as required by F[arida state law; {f} Obtain necessary permits; {g} Obey the laws of the city and state including but not limited to providing signage and advertisement in accordance wi#h applicable ordinances, laws, or rules; {h) Provide liability insurance coverage in the amounts determined by CITY and including a clause indemnifying CITY; {j} Operate carriage services an approved surfaces or areas only; {k} CARRIAGES shall take full liability and responsibility far all Carriage Drivers, Trainers, Equestrians, Horsemen, and ail associates of CARRIAGES while providing carriage services in CITY; {I) Provide skilled Equine Carriage Drivers, Trainers, Equestrians, Horsemen, and associates whom shall possess a valid drivers license, and obey all traffic laws while providing service in CITY; {m} CARRIAGES shall maintain strict practices of safety while in CITY as to ensure safe conditions for the general public, the horses, and CARRIAGES associates; {n} Maintain high standards as to the care and maintenance of the horses and carriages with strong emphasis on the health and well-being of the horses (Duke, Gasper, and Jasper}. Horses shall not ever be left unattended for any reason. All sanitary procedures will be followed to ensure the cleanliness of CITY; {o} Provide storage for carriages andlor equipment and bear responsibility 3 far all cost andlar expenses far said s#orage as well as any and ail risks of loss therein; (p) CARRIAGES shall display hours of operation, else rates, andlar pricing, fees, charges to the general public in a visible location; ~. ACKNC~UtlLEi~G1411EtdT bF BENEpITS In acknowledgment of the services provided by CITY in paragraph 3,CARRIACES agrees filet CITY will have the following acknowledgment rights; {a} Ali Inclusive of CITY name andlar loges to be in any and all print, radio, television, and any and all advertisements created by CARRIAGES for promotional purposes in CITY; {b} All inclusive CITY name on the front cover of all promotional materials created and distributed by CARRIAt~ES; {c} All inclusive CITY name in any and all press materials; 6. CARRIAGES EXPEI~SI~S Ah1D RI~V~NUES {a} As per subject, paragraph 4(a} CARRIAGES shall be responsible for ail revenues collected and ail expenses incurred while in CITY; ?, ~®RCE NIAJEUi~E if CARRIAGES or CITY is prevented from ar interfered with in any manner whatsoever in fully performing agreements {including its ability to operate carriage services} hereunder, far any reason beyond its reasonable central suah as any law, regulation, act of God, earthquake, flood, fire, accident, lobar controversy, act ar threat of terrorism ar daisy of a common carrier (the foregoing all being examples of an `"event of force majeure" CARRIAGES and CITY obligations hereunder will be suspended as often as any such event of farce majeure occurs and during such occurrences, CARRIAGES and CITY nonperformance will not be deemed a breach of this Agreement, 8. TAXES CARRIAGES shall be liable far any and all taxes which are or may be imposed as a result of this agreement, All taxes sha11 be paid to the appropriate authority andl or appropriate government andl or treasury departments and including, but not limited to, sales and/ or use taxes. 9. PRt}OF OF INSURANCE CARRIAGES shall provide CITY with proof of insurance. The type and quantity of insurance is mare particularly set faith in paragraph 4,{h) in this agreement. Proof of insurance shall be due 30 days prior to the first day of carriage services {Nov. 3, 20Q9}. The insurance shall name CITY and its designee as an additional insured, 1Q. FINANCIAL RESPONSIEILITY CARRIAGES agrees, subject to the provisions of this agreement, to accept all financial responsibilities for the carriage services including, but not limited to all accounting and reporting that maybe required by law. CARRAAGEE=S further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of carriage services, and which are not provided for in this agreement. 11. OTt~ER SERVICES AND SUPPLIES CARRIAGES further agrees that all services and supplies not specifically identified herein shall be provided by or through CARRIAGES. 12. CARRIAGE SERVICE TICKET SALES Any and all carriage service sales #ickets shall contain language approved by CITY and CARRIAGES establishing that the carriage service tickets create a revocable license. Prior to the commencement of sale of any and all carriage service tickefis, CARRIAGES shall provide CITY or designee with the established price, 13. A®VERTISEIVIENT {a} CARRIAGES agrees, subject to its rights, if any, under any applicable license agreements, to identify CITY {city of Delray Beach, F1.} as the location of carriage services in any and all advertisements, publications, or electronic broadcast, and to permit CITY to use CARRIAGES name, logo, and horses names{Duke, Casper, and Jasper}, and CITY agrees to permit CARRIAGES to use CITY name, logo, and trademark solely in connection with carriage services during the term of this agreement. CITY agrees that promotional material created by CITY with regard to carriage services is subject to approval of CARRIAGES, and CARRIAGES agrees that any material submitted by CITY will not be unreasonably disapproved, and if disapproved, that CITY will be advised of specific grounds of disapproval. (ba All printed materials and advertisement materials to be used prior to ar during carriage services as set forth in this agreement which include CITY {City of Delray, FI.) or its offrciaE seal shall be submitted to CITY or its designee for approval at least two (2) days prior to the proposed use of any advertisement materials. Approval shall not be unreasonably withheld by CITY or its designee. 'IA~. PERSONAL AND EQUIP(VIENT CARRIAGES shall provide all personal needed for the operation of the carriage services. CARRIAGES equipment shall be maintained and presented In a responsible and professional manner. 15. CITY RIGHT TO CONTROL TRAFFIC CITY reserves the right to re-route carriages if the approved route becomes a detriment to the flow of Traffic, and either CITY nor its officers, agents, employees, or associates shall be liable in any manner to or for CARRIAGES or for any and all of its associates for any damages which may be sustained by CARRIAGES through 6 the exercise of #his right by CITY. 16. NON-DtSCR11VI1NATI~DN A. That CARRIAGES far itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicenses, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person an the ground of race, color, na#ional origin, age, or sex shad be denied the benefits af, ar be otherwise subjected to discrimination in the use of said carriage services. B, That in the event of a proven breach of any of the above non-discrimination covenants, CITY shall have the right #o terminate the license. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part, 80 are fallavved and completed including exercise or expiration of appeal rights, 17. CHANGE IN LAWS during the term, CITY reserves the right to restate andt or renegotiate with CARRIAGES such additions, deletions or changes #a the iicense as may be necessitated by changes in county, state, or federal caws relating to the operation of public roads. In the event that CITY and CARRIAGES are unable to reach a mutual agreement an any such addition, deletion ar change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 18. TERIVIINATIpN Either party may terminate this agreement without cause upon five (~} days written notice except that ten percent (10%} of gross revenues collected prier to the date of termination shall survive such termination,. 19. NtJ~TICES Any notices submitted ar required by this agreement shah be sent by 7 registered mail and addressed to the parties as follows: To the CITY: David Harden, City Manager City of Delray Beach 10d N.W. 1s~ Avenue Delray Beach, Florida 33444 To CARRIAGES: Andrew Davis and! or Allichele Helton Green Meadows Horse & Carriage 741 S. Lake Avenue Delray Beach, Florida 33483 or to such other addresses as either party may designate in writing. 21. INTERI~RETATI4N This agreement constitutes the entire agreement between the parties with respect to subJect matter hereof and supersedes all prior verbs! or written agreements between the parties with respect thereto. This agreement may be amended only by written documen#, properly authorized, executed and delivered by both parties hereto. This agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach, InvaE4 ideation of any portion of this agreement shall not automatically invalidate the entire agreement. 22. IfVDEMMIFICATI4N (a} To the fullest extent permitted by laws and regulations, CARRIAGES agrees to indemnify, defend, save and hold CI'~Y, Its officers, agents, employees and assigns harmless from any and all claims, damages, liabilities, losses, causes of action, liens or Judgments of any kind or nature whatsoever which may arise out of, in connection With, or because of the use or operation of the licensed roadways, including but not limited to, the road surfaces, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CARRIAGES or its officers, agents, independent contractors, associates, and Invitees including but not limited to those resulting from or arising out of: (1) by any act done or words spoken by GARRIAGES, its agents ar any and all associates; {2} any damage done to the premises ar any part thereof caused by the actor omission of either CARRIAGES or any agent or associate of CARRIAGES; {3} the breach lay CARRIAGES of any term of this agreement, or (4} any breach or alleged breach of any warranty or obligation undertaken by CARRIAGES in this agreement. CARRIAGES shah pay ail claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not Limited to reasonable attorney fees and costs to defend all claims or suits,. in the name of GITY when applicable. {b} GARRIAGES agree to defend all actions to which this paragraph 22 applies, in the name of CITY provided, however, that GITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shad be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of GARRIAGES under this indemnification agreemen#. {c} Such indemnification shall be limited to the amount of liability insurance which GARRlAGES is required to obtain under this license agreement. See Exhibit A attached hereto for requirements. {d} Nothing contained herein is intended nor shall be construed to waive GITY rights and immunities under the camrnon law or Section 768.28, >rlarida Statutes, as amended from time to time. The. provisions of this paragraph 22 shall survive the execution, delivery and performance of this agreement. 23. PERSONA!. PROPERTY 9 CITY assumes no responsibility whatsoever for any property placed on ar in CITY by CARRIAGES, its agents, independent contractors, representatives, or any ant! aEl associates. GITY is hereby expressly released and discharged from any and all liabilities far any loss, injury or damage to such property that may be sustained. by reasan of the use and accupancy of CITY white under this agreement, CARRIAGES shall indemnify, hall harmless, and CITY in any action naming CITY, its officers, agents and employees. All casts and fees associated therewith at trial and appellate levels shall be the respansibility of CARRIAGES under this agreemen#. 24, INDEI'ENDE~IT GOIJTRACT©RS STATUS CARRIAGES and any and all of its assaeiates, agents, and ar representatives shall be and remain independent cantractors and not agents or emplayees of GITY with respect to all of the acts and services performed by and under the terms of this agreement or far any other reasan whatsoever. This agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 25. WARRANTY Except as otherwise provided for herein, CITY and GARRIAGES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either GARRIAGES or C1TY is a party. 26. ASSIGNIVIEPIT This agreement shall bind and inure to the benefit of CARRIAGES and the successors and assigns of GARRIAGES. The rights granted GARRIAGES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be Transferred or assigned to any other. 27. RESERVATI®N OF RIGHTS 1Q Rights not herein specifccally granted to CARRIAC3E5 with respect #o the carriages services shad be and remain the property of CITY. ~~. ENTI ~ AGRE~t1fiENT Agreement between CITY and CARRIAGES constitutes the entire agreement in respect to the subject matter of this agreement and supersedes ail prior agreements. 29. >oXECUTI®N AND DIaIaIVI"RY R~Q, UIRIiC} The material herein this instrument shall not be considered to be an agreement ar contract, nor shall it create any oblige#ion, whatsoever, an the part of CITY or CARRIAGES, or either of them, unless and until it has been signed by representatives of CITY and CARRIAGES and delivery has been made of afully-signed original agreement. 34. THIRD P~RTIE~S Nothing in this agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this agreement upon any person other than the parties hereto and their respective hairs, successors, legal representatives, and permitted assigns, nor is anything in this agreement intended to relieve ar discharge the obligation or liability of any third persons to any party to this agreement nor steal! any provision thereof give any third person any right ref subrogation or action over or against any party to this agreement. 3'l.~ NUI~. Any action brought to enforce the provisions of this agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 32. APIPR4VAl.B All approvals to be given by a perky under this agreement shall not be unreasonably withheld or delayed. IN ITN~SS oIYHER F, the parties have caused this agreement and one counterpart, both of which shall constitute originals, tp be executed by its proper officers hereto duly authorized an the year and date first above written. A1°i"EST: City Attorney CITY ®F DELRAY BEACH, FLORIDA ~y: Nelson S. McDuffie, Mayor Approved as to Form: 12 SEAL STATE C1~ Ct~U~lTY C3F: The foregoing instrurr~ent was acknowledged before me this day of , ~OQ9 by of Green Meadows Horse & Carriage. Valid driver's license produced as identlflcation. Signature of Notary 1'ubllc 13 EX~IIBIT "A" INSU~2ANCE REQUIREMENTS OF TIIE CITY OF DELRAY BEACEi FOR AGREEMENT WITH LICENSEE Licensee shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Ivlanager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A.: Worker's Compensation insurance as provided for under any worker's compensation or similar law in the jurisdiction where any work is performed v4~ith an employer's liability limit of not less than $500,000 per accident. B. Comprehensive commercial general liability insurance to include co~,ierage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in coruiection with the contractual relationship arid activities being done under this agreement. The policy will be endorsed to include the City of Delray I3each and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and $2,000,000 as an annual aggregate, covering bodily injury, property damage and personal injury. E. Motor Vehicle Liability Insurance covering all vehicles associated with the Licensee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single,limit per each occurrence. C. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. Licensee shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, at least thirty (30) days prior to the operation of carriage rides, If so requested by the City, certified copies of insurance policies will be provided by the Licensee. If any of the above coverages expire during the term of this agreement, the Licensee will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 15C Avenue, Delray Beach, Florida 33444 will a copy to City Attorney's Office, attn: Terrill C. Pyburn, 200 N.W. 15L Avenue, Delray Beach, Florida 33444. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 12, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 SPECIAL EVENT REQUEST/ RUN FOR MIRACLES/MILAGRO CENTER ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th Annual Run for Miracles sponsored by the Milagro Center to be held on February 6, 2010 from 7:30 a.m. to approximately 10:30 a.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard and Anchor Park from 5:00 a.m. to approximately 10:30 a.m., and to authorize staff support for traffic control, barricading and clean up, use of half of small stage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Park, as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 11:00 a.m. BACKGROUND Attached is a permit request received from Marc Birch on behalf of the Milagro Center, for this event along with an event map and budget. The event proceeds will benefit the Milagro Center. The estimated overtime cost for this event is $2,810, stage rental $265, barricade rental $250, and light tower rental $435. Event sponsor will be charged for overtime based on the Special Event Policies and Procedures. Estimated charge for overtime is $1,358 based on the new rate of 75% less the first $1,000 discount. All other charges are at 100%. We have received the required Certificate of Liability Insurance. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, use of half of small stage, and waiver of the parking meter fees from 8:00 a.m. until 11:00 a.m. for Sandoway Park, Ingraham Park, Anchor Park and along Atlantic Avenue from Venetian to A-1-A contingent on the receipt of an executed Hold Harmless Agreement. ~~ V gip 0 9 200 City of Delray B~achA'DMIt1tSTRA~IVES~RVIGY a~acH Event Name/Title: ~~_ ~ if ~~~ 1 }~ Ll [ 0~... ~~A(;I ~ ` Event Date(s): (~, ~,?' 4 I ~0 Times: ~ `~ ~ ~ ~ ~ p, ~~ '7 ~ ~ ~~~ ~`~' .. 1 D ~° A~ Event Sponsor/Producer: h~ ~, ' R Event ContactlCoordinator: 1 R Narne: Brief History of Event {If applicable): FLR(4.~'(flr~ChvR ~Ps~.k ~~ ;c:~~,Px1~4# ~u~ t?~a~ k.~ ~T: 3~a~ ~~ tab' •1°~i 1 6 ll.] LC 1 1 W •~ `-i - 1.1 1 H\ S -_M1 k~ l' k F 7 ,A k Y ~+ I- 1 [~!\ F_ 1 l S! l .... 1 li " [1[l.[\1 t Y k[ l /1 Number of Individuals Served Previous Year {if applicable) ~ ao•~ A-~- Describe the targeted population and expected attendance: Telephone Number: ~~q ~.Q'1 ~• Cellular Number: • E-mail Address: 4.18! R Ch [~ .~{ ! ~ C' ~ C 2 ~ ,,~,~?,.,_Q R~ Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs}: \~~~°-t_~Q-~ (y:~bAti.t ~-o `7: OQAtu ~.. Describe how the program or project addresses community needs: Describe your MarketinglPromotionsProgrom {How will you market/promote, i.e, TV, (If Non ~roftt attach proof of SOIc(3), c(~), c(6), C(10), or c(19) or (d) Ev nt Location {Describe area bounda~s of event/location): Site plan attached: yes ~ no (Site plan rerluired for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes (If yes, attach proof of approval} no f Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget attached: yes ~ no_ (Rerluiretl for all events) Previous year Revenue/Expense summary attached: (Required for all events} Do you have cash sponsors for the event: yes. (Indicated on budget) yes d no J ' no Do you have inkind sponsors for the event; yes (Indicated on budget) no C:liloeuments and SettingstLisilDesktoplspecial Event Permit Application FINAL 9.6.tt7.doc Sponsor Category (please check) City ra Non-Profit/Charitable Private c~ Co-Sponsor -Non-ProfitlPrivate ^ Serving or selling alcoholic beverages: yes no (If yes, copy of license nnri alcohol liability rtisurance required t-va (2) weeks prior to event) Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as adrli.tional insured, alsv required for vendors) Playing of amplified music: yes '~ no (Waiver required) Will there be entertainment: yes no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes . ! no Requesting Police assistance: yes no (traffic controUsecurity) 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 ~ no {Will be billed to sponsor) Requesting trash boxes/containers and liners: yes' '~ no Requesting stage use: r, ~ yes d no (If yes, check type) Large stage (14' x 36') ` dSmall stage (1ti' x 21') ~ ritall'sxnall stage {8' x 21') Requesting signage; ~ / yes •" no Type: 4'x4'Event sign `~ Parking Signs ~7~ Banner hanging ti~~Indicate dates required ~ ~~`I ~~~+~ (Waiver required if more than one (1) yveek prior to event) Requesting City Portable Generator: yes no ri (If yes, size 8c power) Food and beverage vendors: yes no y If yes, approximate number (Health Department approval required) yes no C:1l~acuments and SettingslLisilDesktopLSpeciai went Permit Appf[cation Ft2@AL 9,6,07,doc Other vendors: (Indicate type) yes no Tents: yes If yes, Mow many What size or sr'ze required (If yes, tent permits and fire inspections may be needed) / Will the event include amusement rides: yes no (If yes, type and location an~f copy of liability irrsura~zce required, also requires state license and inspection.) Will the event be gated: (Show on-site Wrap) yes no, ~ Will there be a charge far the event: yes no (If yes, indicate ticket prices) /" Will there be fireworks or other pyrotechnics: yes no Y (If yes, contact Fire Marshal to obtain and complete permit application) Will there be eookin with com ressed as: es g p g Y 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 how you will handle restroom needs) Is reserved parking requested: yes J no (If yes, indicate locations and purpose for rise) ~~©~~ ~ ~~ ~ ~ G~1~ ~ ~~~,~ Event Permit ~A2~ 4~~ "~~ ~ ~~O ~~-~° ~ ~~ Attachments: ~4~ v~ ~~~'~ ~ Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certifcate Alcohol Beverage Liability Certificate Proof of Rental Agreement ar 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 no C:1Documents and Settin$sU.islDesktopispecial lavent Permit Application FINAL 9.6.07.doc Even Cont ct fCoor i a#or Date Please print; l-t~R~~ '~I~C~1 Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. 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L-31~O, ' !'-~fLNR~~,c.:ntt7: C~=~r~~lL vi- 7`2~.~~c~w,~:~ ~/, ~3c~~/3n/ A/n!E C•J= C7L`NC'~~~ FPS-- Pd(:~..~T att) C-t,IL~VQ-(L-, M i ~-E ~ 4 ~-`f ~~ FiLGM tUG:~ ~ E=IJG~ F" d ~DZx:~y Ct~Na~~ r~ F>'~ Paces ~=~r P~~~.a-y La NE l3~-r-r~.r~-,~f 32Y~ s 34.E n~."cs~.c~nl ~w n, 1`~l~~ `~j ~ 1 ~" -~J2~~~-t N~,I~Tt`1 ~D~ 4~" CA`dl1Af~JN~ ?~ . /1/cr~lL ~cui ~.~ a~ hr[~rr ~ .9r I1 J7 Cli:~uyiL.vl~ moo, I+~~r~ " 1~u~- r~a,~TS ~i2~rrjRlz~ c~N ~i~r~~~.}r~YS ~3Y -2/NL L~-,-'t~~,;? i~-vo.s/r3lL ANO C,~B~=,7a ~~Y sY ~-rr--ter; r c a~.~r~o ~~Nxsu ~ :.~" r 5/) "~ ~~fi 4 K ~ ~- R nf~ L.I2 17 ~3:~ S Lv~~`~ G~NClIF~E ~ FPS- pock {1 ~`."' Cv~r~ ~LAC~r-i ~~,r ~ --„ ' L~ SN~RP 7i~~~!•S ' ,~~ ~~Ir~t~~D~l Si O ~ d a~ ~ ~~ ~'~`~ °. ~~~ {~ GYc~ ~ f L3 ih.; N [~LJf>. C~~VG~ e ~~ ~S ~ 1 t. ~ ~ a ~ ~ ° ~-- Q • ~~ ~, D~~~ / S 0 5 T -- - ~. ~ ~ ~~n14~ WhY~ i Chu R ANA Rv. 1 E ~ ~~E~ ~r~ o _~~` f L~ , r / -'1 ~• C f c ~- s ~ ~ C E ACORDu CERTIFICATE OF LIABILITY INSURANCE o i~izoo PRODUCER {561)278-0448 PAX (561) 278-2391 V#eekes & Cal l away, Inc . 3445 test Atlantic Avenue THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Delray beach, FL 33445-3902 AAI, Evelyn Ambler INSURERS AFFORDING COVERAGE NA[C # INSUREn Milagro Foundation, Inc. uasuRERa General Ins Co of America 24732 340 SW 6th Ave INSURER 6: Delray Beach, FL 33444 wsuReRC: INSURER D: INSURER E; [:nVFRAf;FS THE POLICIES OF INSURANCE L45TBD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWfTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E 15SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRtBfD HEREIN ES SUBJECT TO ALL THE TERM5, EXCLUSIONS AND CONDITEONS OF SUCH POLICIES. AGGREGATE L1MffS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INSR D' TYPE OF INSURANCE POLICY NUMBER POLECY EFFECTIVE POLICY EXPIRATtOH LIMITS GENERALLIAI3iuTY 24CC27338910 09/11/x009 09/11/ZO10 EACHOCCIfRRENCE $ 1,000,000 X COMMERCViLGENERALLIAB~r1Y DAMAGE T4 RENTED $ 1,000,UUO CLAIMS MAOE X^ OCCUR MED EXP (Any one person) $ 1Q ~ Oa0 A X AB S E & MOLESTATION INC L PERSONAL & ADV INJURY $ 1, 000 , 000 GEN£RALAGCREGAIE $ 3,000 000 GEML AGGREGATE LIMrf APPLIES PER PRODUCTS - COMPIOP AGG $ 3 , 000, 000 POLICY jg~ LOC AUTOMp81LE LIABIDTY COMBINED SWGLE LIMB $ ANYAUTO (Ea axldenl} 1, 0{)0, 000 ALLOWNED AUTOS BODkYtNJURY A SCHfDULEDAUT05 (Per person) $ X H~tED At1TOS BODILY INJURY X NON-0WNEDAUTOS (Perattldent) $ PROPERTY DAMAGE (Per accident} $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHE:RT1i4N EA ACC $ AUTOONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RtyTENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- _..._ EMPLOYERS' LU161LJTY ANY PROPRIBTORIPARTNERIFJCECUTNE E.L EACH ACC~ENi $ CFFICERIMEMBEREXCLUDED? E.LD~fJ1SE-EA EMPLOYE $ IFyes describe under SPECIALPROViS10NSbelow E.LOISEASE-POLICY LIMIT $ crrw ~ i l i bili L?7739596 09/11/2009 09/11/2010 $1,000,000 Each Claim ro ess ona L a ty A $3,000,000 Aggregate DESCRIP 0M OF ERA ONS LOCATI S VEHIC !EX LUSIONS D DBY NDOR EMENTfSPECUU. ROYISIONS Ten ~iU) lay ~otice o~L~ance~ation app~-~es in tie event o~ nan payment of premium.* iry of Delray Beath is added as Additional Insured as respects the Milagro Foundation 4th Annnual un/walk on February 6, 2010. CFRTIFICATF Hhl IIRR CANCFI I ATIAAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, T}iE ISSUENG INSURER WILL ENDEAVOR TO MAIL City of Del ray Beach 30 DAYS WRITTEN NOTICE TO THE CERnFICATE HOIDER NAMED TO THE LEFT, Attn .: Risk Manager 8UT FAILURE TO MAIL SUCH N011CE SHALL IMPOSE NOOBLIGATION OR uAaIUTY 100 NW 1st Avenue OF ANY KIND UPON THE INSURER, IFS AGENTS OR REPRESENTATNES. Del ray Beach, FL 33444 AUTHORI~DREPRESENTATNE ~~ /J Q ~!~ , Rose McEWen, CIC/EAMBLE li/~G ~ G~``~`J ACORD 25 (2a01l08) ©ACORD CORPORATION 1988 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: October 15, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF OCTOBER 20, 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 October 5, 2009 through October 16, 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 Meeting of October 14, 2009 A. Approved (4 to 2, Jerome Sanzone and Chris Stray dissenting, Shane Ames absent), a request for a color change for A Reading and Math Academy II, Inc. an existing child care center located at 326 NW 7th Avenue (west side of NW 7th Avenue, north of NW 3rd Street). B. Denied (5 to 1, Jerome Sanzone, Chris Stray, George Brewer, Mark Gregory and Scott Porten dissented to the motion to approve), a request for a color change for Happy Buffet, an existing commercial building located at 2885 South Federal Highway, (east side of South Federal Highway, south of Avenue "H"). C. Approved (6 to 0), a request for a color change for Presidential Auto, an existing auto dealership, located at 3201 South Federal Highway (southeast corner of South Federal Highway and Avenue "L"). D. Approved (6 to 0), a Class I site plan modification associated with the installation of a covered entry canopy, replacing front doors and tinted glass panels for Congress Village, formerly the Office Depot Building, located at the southwest corner of Congress Avenue and Old Germantown Road (2200 Old Germantown Road). E. Approved with conditions (6 to 0), a Class III site plan modification for Cut 432 Steakhouse, associated with expanding the existing 1,520 sq. ft. restaurant into an adjacent bay. Cut 432 Steakhouse is located at 432 East Atlantic Avenue (south side of East Atlantic Avenue, west of SE 5th Avenue). F. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of and reconstruction of Fire Station #3, located at 651 Linton Boulevard (north side of Linton Boulevard, west of NW 4th Avenue). Concurrently, the Board recommended to the City Commission approval of the following waivers: i. Waiver to LDR Section 4.6.9(D)(3)(a), which allows a maximum width of 36 feet for driveways (48 feet 8 inches proposed). ii. Waiver to LDR Section 4.6.9(D)(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking and a minimum width of 20 feet for short distances when there are parking spaces entering therein (15 feet proposed). Historic Preservation Board Meeting of October 7. 2009 1. Tabled (7 to 0), a request for a Certificate of Appropriateness associated with the installation of new signage at a contributing property located at 14 South Swinton Avenue. The Board tabled the request with the direction that the existing sign is temporarily permitted on the existing sign posts located in front of the business for up to 90 days, with additional time permitted subject to a submitted request and Board approval; that the word "Grooming" be either removed from the sign or obscured until a Class III Site Plan Modification has been approved for this use; and, that a new sign design be submitted for staff review and Board approval. No other 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. 2. Recommended approval (7 to 0), of a final tax exemption application for improvements at the Sewell C. Biggs House, an individually designated property, located at 212 Seabreeze Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~ A ~ ~ ~.~ ,~1~_~_ ~~~~ ,.~~ I I C..At~t~t Ate[) ~t~ltml ~',`~~~ ', f~~T(~ ~~~ ~_,_,_ ~~PA~TEr~T' ~~~~ ~~~ ;1. ;1 ~;~,'?f.~If='~ ~~ti~;'~) t~sff~;T}-I r'~Cf"~L)~~~,~Y`ff, fh'1~~. ~). Co~f~I~f~~~v~ ~'ILL,~,~;~ 1. ~~ ,~~~Tf-t S~f,`~~~T~t~~f~;~,d~,~,t~,~~ t. 1-I,~P?~`~` ~~'#.:.rr,-7- ~. !;%_17" 43~ ,~7"r t~~'e,=r'(?Ll < 2. 212 ~~~t:3r,`_~~~:: gy'm'}~=f'tr'..1 -- D/GITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\10-20-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: October 9, 2009 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 CONTRACT AWARD/CHAZ EQUIPMENT CO. INC. ITEM BEFORE COMMISSION Approve a contract award to Chaz Equipment Co., Inc. in the amount of $99,255.00 for installing a 24- inch valve on the South Central Regional Wastewater Treatment Plant's (SCRWWTP) outfall pipe. The valve is required for the transmission of the reclaimed water to the Barrier Island. BACKGROUND In order to implement reclaimed water service to the Barrier Island, the 36-inch ocean outfall pipe, providing the source for the barrier island system, must be closed downstream of the City's booster pump station at NE 4th Avenue and NE 3rd Street to prevent effluent discharge to the ocean. While originally intending to use existing valves at the Intracoastal Waterway pipe crossing, it was discovered that neither valve on either side of the waterway was opertational. Repair of either valve requires a line stop and large excavation, creating inconveniences and disruptions in the areas. In addition, a condition of SCRWWTP's permit with Department of Environmental Protection (DEP) is that one of the valves be remotely actuated. This would require telemetry hardware, including the installation of an unsightly antenna. In view of the above circumstances, City and SCRWWTP staff devised an alternate plan that would be mutually beneficial to both parties. A replacement valve would be installed on the outfall pipe at the location of the Booster Pump Station. The physical location of the vault and valve would be on the Booster Station property and City Right-of-Way. Remote actuation of the valve can be tied to the Booster Stations existing telemetry system. In addition, the valve will be furnished by the SCRWWTP, which also eliminates the 16 week lead time for delivery. Considering the urgency in getting our Barrier Island customers connected to the reclaimed product, staff solicited quotes for this repair/replacement from vendors that have open contracts with the City or have previously completed projects in good standing. Quotes were received as follows: Close Construction, Inc. (Reclaimed Area 11A-Contract 1) in the amount of $103,607; Johnson-Davis, Inc. (Osceola Neighborhood Improvements) in the amount of $100,600; and Chaz Equipment Co., Inc. (Annual Emergency Repair Contractor) at $99,255. Intercounty Engineering, Inc. (Reclaimed Area 11A-Contrcat 2) did not respond. Staff recommends award to Chaz Equipment Co., Inc. for this work. They have performed satisfactorily on numerous City projects. The scope of work consists of installing a 36-inch line stop on the outfall pipe along NE 3rd St (just east of NE 4~ Ave), furnish and installation of a valve vault, installation of a 24-inch valve, electrical connection for the valve actuator, and complete restoration of the work areas. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends awarding a contract to Chaz Equipment Co., Inc. in the amount of $99,255.00 for installing a 24-inch replacement valve on the outfall pipe. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equipment Co. Inc. (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form PAGE NUMBERS 1-5 6 7 8-9 10 -11 Page 1 CONTRACT DOCUMENTS (cont'd) Drug Free Work Place Certification (if not provided in other bid) Performance/Payment bond Proposal PAGE NUMBERS N/A N/A 12 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 60 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz Equipment Co. Inc.. 3180 Fairlane Farms Rd, Suite 1 Wellington, Florida 33414 (561) 333-2180 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: Mayor (Print or type name and title) (Print or type name and title) Page 5 (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of ofFicer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Page 6 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) Page 7 A. GENERAI. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs ~1) to %4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shalt conform to the following minimum requirements: 1. Worker's Com_ pensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Pedera! Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General L_iabii' -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a} Minimum limits of $300,000 per occurrence ~mbined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c} Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than tyre latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit ft~r Bodily Injury Liability and Property Damage Liability. b) Awned Vehicles. c} Nired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Cerkificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. T_he required certificates of insurance shall not only Warne the woes of noiicie5 tarovided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such aragraphs_of this_confract; The successful bidder will include the City of delray 8 Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates steal! be fu~ished thirty (30) days prior to tt~e date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor ta° and "but failure to mail s~€ch notice shat! impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed opt as indicated on the attached "sample of Insurance Certificate". 9 rrtr~~..~...ar~uwryc. ru~~y.,ue~an.....w.............~...- .~. ~CORt]_ CE~T~FlCATE ~F L~A,BILf1 Y1[ V'FR R. v. sotason rllgeacy, Inc. (~GTC) 21141 E Gin Blvd. Stuart Fla 34995 Bhpne:77Y-28?-3365 ~`ayc:772-28?-4439 .T i ~ gipgline, _ 1slc 5473 3~. 87e Drivs F,alce ;[orth !Z 3546? Y ~NSURA~1iCE `~'~'~"°°' ~~ ~ -1 06 05 08 I THIS C~TIF~CJITE i5 t43ilED AS A 1MTTER OF BiFORMATtOlrE QNLY ANO C41iFEltS I110 it~cHTs l#PON THE CERTlF'!ClITE ~pt.~. THIS cEItT~ICATE Oo~s ter ExT~Na OR ALTER T1iE COVERAGE APFOR~ @Y TH E POLlCIlrS BELCIAI, t;1913RER8 AFF~G COYE1tAliE - 1iiUC 8 !IJ$I;IZERA: L~CCI IasuratfYCe Cc~paa 2Q19S r~s~xft c ~~rr AVERAGES itE POf.tCrCS OF ~ LISIED BELOW }hVE BE'6+I IG4~ T4THE N61A7E6 W V~A80VE FOH TFE PQ.IGY P~23'OD ~AIL'117I~ N NIY #i~OLRf7E6B7I, 7F33d OR L~lE3ti10[I OF ANY t~H~RAiCf Oft QIF6t pOC(IY~If'MIH TOV17'P[7tTFi5 CERI~Ig47E INKY 6E' AN1Y PE-CtT11R6 7FE RL4RNrCE I~FOIalER6Y fl£ POLICIES 1]ES~ FlEAERI t5 SffB,fECf TOALL 7rE 7ERlM.a. t7¢YE1510N81MD p~pLICIES. Af3C1~GAE LMfIS StiOM;Tt MAY FYM1YE BE#>7EOl1F~BY Pal[) fJJ10~N6. :TR T1f~'E ~ lOEJCY MIAMIGR OR ~fIMi40lTT} dRE SEI¢RN. l1ABf.IFY ~ x //-Lf£GETIALLUISr.EIY L~[a00Ei1615 03/31/DS 03131/a9 f~ x0 x ca2a.~3-~.lf:t u 6TM_P6Gi>EGR7E L9~TAPPI.1£S POc PaLfcY Loc nuroMOBaF L1RBK.RY ~ AmAUra QAaOf#0744 03/3i/0B 03/31/09 ALL OVYEEP AIJIOS ~oArtres S Hi7E~A~.IiC3S X Ice~.ov~e~oAUrs+s r3iiRA6E LIAHLiIY AI+IK A7ffO LYt9tidIY ~ occtrz ~ aASlst~ l1l.ffif100311 ? 03/31/OS 03/31/09 t~Epuctfati; I7F19~IIDN f la , Opa ~~Y~~ ~ ~Y 45771 03/31/08 03/31/09 ~oca~ a Bgaipmeat !'loafer s~oaD~oo? 03/91/08 03/31/os ~l3,1 r3sL: iacl that rLOUtTIONf a Eaceulaaus ~ eYSOO~+ra sP~o~ 80 days nat:l.ce o~ ••~~••~l1atiom fox snnxters satioa cav~erage. Caam~Iltieal have tAe option to nrncal 1a daya fox aoa'paYmt4t- City of Delray Reach is 13.ated as additio;tal iassred per >sosa- OQ2t1: ?1WI7HSfAtANCs SSIED OR fTlpflS OF &J(!i E~H1' ~uplocrei~I+ci: ~ sl,a0o,oc0 , f too ooa .rrv~vwr~»ru ss,oao PE~M~LdAFNML~.ItY i 7.,0#IO,OpO GB~ERrLAGATE :2,a0a,000 PROQJCf&-L'OIE'Af7PAGG s2,40a,0oa twr ct,liGa,a00 { x~ ; (n ~ ; (PareordtlKn f Akf[OOf1Y-EAA(7~I f OTIETt ~4iIN Fh/YCC ; 11RO OfLY: AGG ; FJ,CII« iz,o0a,0oo AL~CJ-iE ;2,Ofl0,00a t s t SORI'LR~LiS x ,~ ~f:~+ctI~HT ;500000 ~~.st:-€~r~oYf~ i 500000 ea.f]ISFASE-?Otx.YtlrYr t500a0D Lim£t ~70,OD0 doc[ $1,aoa 13. CFRTFFICATE HOl.OER c.nn~.vf.W+i tir CI~p3 lltoULC ANI! ~Tlf ABOVE O f+f9l.ICCS BE CAlICSLEG TIf E1~iRAZ10AF aAT~ YIEIIE=-0F, TI6 t/i9t~R9Y~.F, EiR7~ MAI. 10+ GAYS tiIRli18t Nallr~m~Ti`~IaLS~lw~uiv'rleLe+~ eu-~ruLUn~iooowalt~,tf. MPO:E iIO oaLr.A,~ ort t~lnr aF ArIY~a~o Iaroll-nIE . ITS A~ aR City of Delray Seaat>< REPRElHRATAIEf. 100 ~x i8t l-ve Delray Beach FL 33444 ~~ ~MP4RTANT If the certificate holder is an ADDITIONAL 1N8URE~, the policy(ies~ mus# be endorsed. A statement an this certificate fines not confer ricfhts to the certificate holder irl lieu of such endorsement(s). If StJBI:iC~RTIQN IS WAIVED, sut~jeet tQ the terms and conditions of the poticy, certain policies may require an ertdnrserneM. A statement ors this certificate does n~ confer r+ghts to the certificate holder in lieu of such endorserrrent(s). t~ISCUIIMER The Certifi~te of Insurance an the reverse side of this forrr~ deer not c~stitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirnmtively or negatively amend, extend or alter the coverage afftarded by the policies listed thereon. 11 f--~ t .s 3 ~- , ~ ~ I~~i~lane as ~c~d, ~uitd 1 1 ~~~ ~_ ~ h ~ 3 €€ ~ 1 ~ e#3ir~~~~, Fl~~i~da ~~~ __ _`~ n~in~~rinr~ t~~ntraa~r" 't~opt"~~a1 Line Stop. on ~~tis~ing 3~" l' lrts#~11 f~~w ~n-Lr~~'~~" ~~tte~fiiy Valve ~i7 C3~e~n C7~tfa1l' Pipe Seop~ t~ct~d: art c~isfing 3~" U.~n ~utf~lE pipe tin 1~: 3rti :$t' c~ NE: 4f1~ Auk F.vrnis#t: Iris#x1136" Linestdp on existing rriait, Ihstall i neuia 24"'F3utterfiy Valve ivl nta#cir ac#uatdr and el~ct€ icai cot7rtec#ic~i;~1f~[ve and Startup" furhis#t.ed icy pity ttf Delray Beach on exi~Hitg 3S" rnairt vrlretiurs 'tn'a ne+~ 6' vet x ~' L x ~' deep valve vault w/li~t~ artd 1t#v'sup p~rrnp.in vaul#. lfault 3acation'#e be in Wort-t>•afi"ic {sodt3etl~ area: 'Price n~iudes rrtobiiization, maintenance _.. , . #raffic, and res#o~a#ion to:a "IikE or be#~~:t" candifi~rr. ~ ~eope of-work per Gontrac# .unit pricing is: per attached:"S~hedule A. arse[ a5 .per art-si#e t3iscussi~n v~ri#h Scott Sc~lcsin4n {Clay of t?elray Beach arttt `ktavtrr~ Petfy tCf~az I=gt~ipm~ri#~. &?ri~i~tg is irt`aocvrdane~ w""ittt Cify of 1~les# l~al~t ~sach~id ~` [~iI~~~21 #itt~i °Annual Con#retct for #ility Cons#rucit©rE; Services" da#ed.arcta 21,;;.2fl€l6 vrt exten~ions'~hrtt 12J1'2Ja9 t~trrimd# 2):{see: a##scl~ed). J~,25~.CttJ '1"ota~ ~.ump hum ~ri~~ 99,25.~i~ 2 3 Prices include: Scope as i~entifeci above ar~d included in Sahedu[e'A° at#acl~ed Prices Pxclude: hermits, ~'urnistiirtg af'24" Su~~rfljt Valve arid: Stai#up by ~ilf ~orttptafiivn "t'ire: ~fbrlc ~vill:fie. ccirttpleted within 'i6 af#er valve received by Ci#y. I•espec#fully Subnti#fed' mm_~ ~ ~ ~ o __ I ._ ~ . . . :,: ... :.:e _ ~ I ~i i ......... .....,. Sy _. ... .. .. . ._ .... . {{ _ _ :' i trr '1 - L 1 Y* - 's ,_ _, ' o ....... .~..__. .. _~.._ .~ ~ .W_~ ~ _._ .. ~ ~ ~ o .. .. -. . - ~-'~ `V ... Q ~.... ~.. ' p :C ~ ~ t.. E _... ... 6 ... ,..,. ...~ , ...... _ ....__ .. ...... ... ........ ........ . ... . 7 _.,.. -_. . .....E ~. .. tq ~Y) tll :bV :rs iq 19 *~Y H '.t 4q 4i .~ i ~ ~ O 9{ ~ _ q a ~ { } q T ~ o 3 I ` ~- ~ ~ ~~ ] 1 1 ~ ' ~ ~. ~ ~ - ~ W} {.~. h L ~ %9 ~ : Sl b> €€ F ' W- ter { I 4i . pt 7 j liw i~ V ~' ~' L >: si Plt ~. ~. ~, c M. "I !Isle !B j q. I ~D 3 k ~ 'T'1 ~~~ ~.~. ' Y- 1 f ~ S ~ ~ ~:. ~ ~i ~ .. U ~ ~ ~ -.~ ~ W ~,i ~p }y 3Pj. ~ ~. s r ......... ......~.,..,.. r r F O: 'Yy ~ m ~ W O' R ~ ~ M =7' g ~. ~. 7 _ C tV :~ . O A ~. . O ~. r ~' -~ ~. t ~ .~ ~ ~ ~~ C' fi O ~ ~ II ~ ~ c ~. c~ n itt C Y . O ~ i ~ ~ ~ T. '~ ~ n ~ ': ~A ~ _ -La ~ jj v _ L ~ 7 .. k4 1 ~ ~ • CC ~ ~ ~ ' ~. I _ _~ ... Li ~ y y .~ Z ~. ~ ~ . y ~ a ~ .? ._ _ I J ~ lA ~ _ ~ ~7 ~ bf to .~_ b V: ~ rr ~ ~. ~ .~ >ti ~ ~ N ~ ~ ~ L C iA ~ Z. ~ ~ . q ~' . Yri ~ ~ 7 C L' ~ ~ ~ it a ~ .~ ~ . ~ ~ r tn. 7 v. : W ~ .I ss, ~ . u: µ - .. : a ~ n. .... j ~ ~ ~, ,. ~; ,~ ~ ,.~_l .. ;n ~ tt~ '`:~:r '`. ~ OT k ~ , 1 ' ~ ' - ~ i ., t . . -~ a ~ ~ ~' $ $ ~ ~° } te , ~ ~y~ V . ~: 3. ......... ....... _ ti ~ ~ ...... .. ... ...... .. .~ C1~ 1 a {+~ ~ i ~~ `n ? 7 ~ .ti - M1M1 .. i ` Y ~i i9 t4 4 #P HS !a W i ~' ~ I ~ ~ ~ ~ ~ '~ i - i5 .~. ~. A >. n '[Q . ~ ~ ~ ' ~ -. i t^ i rj A ~ - ~ ~. ; 6T ' 4f ~/1 Lp 4l _ ES lA ~: 3 ~. ie Y S3 ~, ',~ Q.__ _ O P C .'~: Ng ~ . ~ H S~ 'rA ~ _. _ ,_ ~ k ~ { ] ~ I ~ ~ 1 ] F ~ -sis- w~ - -rs ~ r ~ r: r r ~~. s+. . q -- n c r-, _ © .a.: o er ~ o- ra. ~n an~ uz ut - us- ct. b ~ ~ m ~ ~ ~. ~. m'. m I O ~ ~: ~ C7 Q. E .L A ~ ~ ~ ~ ~~ 1L. G - VS ~~ a ~ m' 4 ~ n ~ m. ~.. ~ c ~ .. tl.'i9 g p ci ~. _..~ - 3~i w u '~ - ~ ' i3: ~' ~. , i m ~ n y... N - r N M. ' .:'~' i '~ ~ a~ d GI c r { ;r. r ~. a p. C. v U U "c i ~ ~ .Yt ~ ~. H ~. U ~_ O a g ~. ~.. aS.. ~~"" ~ n ~ a n ~ n .~ ~, '}G nnn~-.. ~.ncnhn i i n ~ r .:~ ~c,~• LJ~ LVV7 J,VUIIVI ,~;:~~_,.JUIEIISUIIlUdV15 11iC. .~:x~..~a_._' ... ~ _ f 5 ;~ A ~..f :TMV ~:_:: ... ~.. :~,,.. ~ .,~~,.. V O. ~p~}~;~^r~ ' 1. .. ~~ ~.~ f'. ', ~' DATE: ~ ~ TfME:--. ~~: NAME: ~, CQMPANY: y,~ -, i l~~ ~ ~,~,I f3AGES INCL1.lDfIVG CDVIwR_ ~ ADDRESS: CITY: pHONIr: ~-'-I 7~ µ~~~ ~ .... FRC)M: NAME: c~e~~a sa STATE' ZIP: FAX: [ SCI T~ °~ "~~/ GpMPANY: JUHNSgN-DAVID, INC. ADf~RESS: 504 NIL.LBRAI`H f~RIVE CITY: LANtANA ~'MONE: (561} 589-117b M E~~~E: $TAT~; FAX_ FL Zlf': 33462 567 585252 '- ~-e ~ ~ t.~ r s ~~- ~ ~.5~ ----... Thank Yvu Sep, 25. 2009 ~:07PM Johnson-Davis Inc. .1~3HNSl~NWpAV1S INC, ~,d 604 HILLBRATH QFt1VE ~-4HTAMA, FI.CRIpA 39482-9694 569-58$-117fl ~AX561S85-5352 ClyC0430$7 Septerxlber 25, 2009 Mr. Scott Soloman Manager of Water & Sewer City of Delray Beach 434 Swinton Ave, Delray Beach, ~'L 33441 Re; 36" ~utte~-#Xy Valve Installation ~ Northeast bra Street Dear Mr. SololX~an: No, 1b44 P. 2 A~ per our field meeting, the followi~~g is oux proposal foz~ butterfly valve instailatian. ~1'ox~)~ S~cauence Mobilize and set maintenance of traffic • Pothole existing facilities • remove and dispose e~isTi~g teeter vault • Excavate and prepare for line stop installation {east of new zl~etex pit, ozt e~istin§ 36" DIP outfall within trench box} • Four line stop concrete pedesfial beneath, existing 36" DIk' * )aastall line stop Cut existing 36" DIP at x~ew valve location • Drain existing 36" discharge line to Congress ,avenue plant (disposal of water ir1 city salaitaxy sewex) • Set base of rlew 6' x 8' meter pit $~~ ~~0, * ~~:~ `~QOZa~ix~cc~,a~ * 'azc%x~rxat~na! ~ • CJi'/©1~ ~, W ~.. . ~~ a~~ S~p,2~. 2009 3:47PN~ Johnson-Davis Inc, coz~~insed * lr~stall new 35" butterfly valve + Complete meter pit azad ze-install existing air release valve • Bacl~flll az~d compact pit area with density testing + l3ac~~`~ll and cvznpaet li~~e stop area with density testing • Replace curb atxd gutter as rewired in line stop pit area • Replace base and asp~ait as nequi~red • Install (3) 2" el~:otzical cozaduits to existing pump station building • Resod distarbed area + .Replace therruoplastic striping effected by excavation ~~a, 1644 °. 3 Total Estimated Cost ~X37,S5~.00 A.ltexnate Cost (City of I]ela<•ay Tieach to Supply 24" Valve) '~X1311,60Q.UU Special Cnnd~ta,~~s • Tree locafied southeast of existing meter lait will be rernaved and disposed. Replaeernent is not included. 1~ater meter deposit and usage changes will be waived • No laond pne;rniuzn i.s included • No electrical except for conduit installation is i~ic~uded • ,Asplxait xepair is patch only , + 36" butterfly valve to be epoxy coated, flanged, low torque 420 M.A. l2~ volt, single phase • No perrx~its or 1"ees knave been iocluded in oux proposal ox Mx, l?ete 4ja at oux of'f~ce with any questions you nay have. P~'~)~ -- _ ~ - ' `l ~. 1 _. - -1 - - ' ...... s. ....:. ts,. LAKE IDA RD NE 3rd STREET ~a ~ 3 w ~ NE 2nd STREET Z Y J o U1 ~ m ~ Z ~ Q Y ~ NE 1st STREET w z ~ ~ o ~ ~ s TLANTIC AVE. _~ ~ I o - o_ ~ E DELR o O BEAC M Q O ~ N ~ ~ J O (L U C O O U d O N O 3 ai 0 I ^ ~ II ~I c 0 0 U O J O I 0 0 N U N O d 0 0 Q U i ,~ CITY of DELRAY BEACH RWM VALVE INSTALLATION ON DATE:10/05/2009 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a O~JTFALL PIPE FILENAME Zoos-oas 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: October 8, 2009 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/AMERICAN TRAFFIC PRODUCTS & SERVICE ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of aluminum sign blanks and galvanized posts as replacement stock for the City's sign shop in the total of $18,380.30 as quoted by American Traffic Products & Services (ATPS). BACKGROUND Aluminum sign blanks are used in the City's sign shop for sign fabrication for parking lot signage, street signs, etc. and are manufactured per U.S. Bureau of Public Roads standards, with 3/8" holes for mounting on galvanized posts and with radius corners in accordance with the manual on Standard Highway Signs; they can be ordered in a variety of sizes and aluminum gauges. uotes: Aluminum Blanks American Traffic Products & Services ~ 9,100.30 09/14/2009 Municipal Supply & Signs ~ 9.143.50 09/14/2009 H i ~hwav Technologies `~ I Q03S.70 09/22/2009 Galvanized Posts American Traffic Products & Services S 9,280.00 09/14/2009 Municipal Supply & Signs `~ 9.552.00 09/14/2009 Hi~~h~~av Tcehnc~lc~~~ics `~ 10?55.70 09/??/?009 FUNDING SOURCE 001-3141-541-52.20 (General Fund/Operating Supplies/General Operational Supplies) RECOMMENDATION Staff recommends the purchase of aluminum blanks and sign posts as replacement stock for the City's sign shop from American Traffic Products & Services in the amount of $18,380.30 per quotes dated 09/22/2009. ~.~ri~~r~~~s ~~: ~~ s~~>~~~~~a czTV ol= ~i=1*IZA~ a~~~~ ~~~~ ~~rl~~ l~~m+~r;i:c;3rt Tea°~'f~~ i~t`o~;~r,~tis ~t ~~:rvic.~:s Where every Customerls Spectr~f 10b55 228`" Lane- south Baca Raton, I•"L 33.92$ Phone {561 j 329-1558 ei>_>. City of Delray Beath To 100 NW 1S` Avenue betray beach, FL 33444 Customer ID 9114 d1V~4tGE # :0~:~`I ~3 DATE: S~ATENt[i=~R 14, 2x09 Purchase Order; NA SHfA City of Delray Beach TQ 434 S Swinton Avenue Delray Beach, FL 33444 Customer ID 9'I14 Sy~pP.3?~~.3~f=~R~l~ ;. NA NA NA • - - - ~ A ar amages to gtaods to trarisft. Make aft checks payable to American Traffic Products & Services )nc, THANK YOU fOR YOUR B1151f~1E55! .. ~.,., : ~ ,..E e,~ .. ,.. d ,. ~ r, :~. r. ,,,...: ~:; : ... _ ..: r~....,..E .a.....r ; ... .:! ..., :. ;.,, , . ,&E .., s „ ....: , ~ .,.,r... ... , ~i ; ~:. .:' c:i'i '. "I: ti : ~r: .~ .. , s , . f .. ,:,... ~.i ... .. .. ..... ...ra':r.... ,; iii ' :, ei' as .:, ...,.. :~ ~.. ._..n ... ... ..:. .. . l.. ,.. .so ,..,. .....d~.,.. .r......., ..x... ..i.4 ::l;r.. iii.: iii'. n . , i11iE ~y -.,i 1 ~~{ I .. [...,.,.f cn';,, k . , . ,•,,;i tfiii?i~'a;i4.9 ` . ....._ i:i }} Lr : .:>, .,<tl E.~ ... 1l i. i:.~,,.ii. ..ni:. 1...,. ,....,.r „L:r'; u,,...,;.;i, .~.,«t .....:........';': I,. r.....,..:,•:"tii^~-: ai •~:' ...lh. ..„.r.« .~ ,:iii, !'E;,,..dEi: di,d64i F t ' ~w..~~ ..i. ur~.~~e d ' ~i ~ I 'E1°!.: „ai: Lc~iEl~, ;'; 7 .i ! ` :• ..I, ;i a... ~ tl .,i„j :,! .,I i; ~'~' 41 EkuJilse ~r.. a., u'E`f'tii:: ~ ; . ~... ~ itli i : isi' ..s' "~ ' .!:~~I- ' ,{~ ..i,d liF},:j;`;i',i:..., lbs.~liua .... .s>~'.'.i'i~~~~ U6v o- br} ~ :...i~!. 'i3";___•_~_"~.-~1!,r",,:. ,.. ,r u, s,.~.,,,.. ,.E:;:~.~•','~.^ ,. „ ..~. , r .,.., , i S . vi,. ,,..,~._~.~}~?~nlCi~,~ltl~! ~. . i,~o-'I". N'!I IE"; I ~' v7,E •i'v, l Iii # yS,s, aif ,:i. ~ a~~ ~lt~b`1 ~'I,~f~yl(~I~G'.r `. .r ~c;`, f ~.i4~[~# ~~1F~:i'u 1 t r r., . , last $24.22 .. $4,844 ~o~t 522.18 54,435 ~~ Subtotal $9,280 Tax Iwxempt Total 59,280 slivery Sn good arQer pl ease ins ect f d SA'fa~S1~~R"$i7fJ ~ ~ :SOB 203 Traffic Department 1010512009 14:21 5612437314 _. ~' A~Kri+~'ry'c~~n. fir,~f~~ P'~:tir3;u~c~~s `~ ~e~r~r~ices ~~: Where Every Cus~amer !s Special 10665 228"' lane south Boca Raton, FL 33428 Phone (Sb1) 329-15b8 BILI. City of Delray Beach To 140 NW 15` Avenue betray Beach, FL 33444 Custamer 1D 9'114 ~. / CITY OF BELRAY BEACH Purchase Order: NA PAGE 011@4 iN,~7lCE #°~9;27i3 BATE: SEPTF..MBE32 14, 20D9 5FilP City of Delray Beach TD 43.4 S Swinton Avenue Delray Beach, l=L 33444 Customer 113 9114 o~~: ~ ~ ~os~ 'S~li~1~i1~~'r~k'iuts:~; ~FSi~i~.~sR1~~~ ~~Y ~`~~;: ,`= ` 'SJ~ ~~l y~~ ' . , . 2p3 Traffic Department NA NA NA i,t :.;,)y~'.v"t C-~:'.f ~~:'~~ ... .. ~,,, , ..'~ ~'.:', ~~~:. ...c . ~.~ ... . L.. .. ~ - ~ ~~sciRi ~~io~l . :~ ..,. ~ ' ..: :... .r............. ~.'n~Y ^~` .'ivn`ryJS^I Y} Oh,"'•::5 ~.,.1~ ...,.......~. ,.. ~1•p0 .80 12" x b" Aluminum blanks $7.34 $13p.00 2 1p4 .84 12" x 9" Aluminum blanks $1.94 $190.04 3 100 .80 12" x 18" Aluminum blanks $3.67 $367.44 4 104 .80 18" x 15" Aluminum blanks 54.82 $482.44 5 1 p4 .80 18" x 18" Aluminum blanks $5. i 1 $511.44 b 1p4 .80 24" x 8" Aluminum blanks $3.19 $319.44 7 1p4 .84 24" X 24" Aluminum blanks $9.90 $990.44 8 40 24" x 48 Aluminum blanks (schaal sped limit} $17.82 5712.84 9 1p4 .80 3t)" x 8" Aluminum blanks $4.10 $414.00 1q 1p0 .84 30" x 30" Aluminum blanks $15.43 $1,543.44 11 Zp4 .80 R1-1 30" Aluminum blanks (stop signs) $'{3.17 52,b34 12 50 .84 3b" x 1 Z" Aluminum blanks $6.39 $319.50 13 1p0 .84 3b" x 8" Aluminum blanks $4.92 $492.44 ~~ ~t ~~~~~ Subtatal $9,140.34 Tax Exempt Tatal $9,100.30 .. ......... .....___ ._ ___.e _.~~.. ..e..~~,, a~~....~a F ..~ ,1~... on©c fn nnnr ;c in FraneiY WUF (BCBiJJC ffailE 1110 ~r al iawi i.a~wn wur~urry ...+rw~, ..~.~-, .-.... •,.. 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C_~~~~~t~a;•~~, h~~,~.r'ai~}~,'.~aC ~''aa.l~~{'~ ~ ~'C~C~ri ~:~r~~~~ Cry: ~.~~r~~,~r~.~(7~ ~'~~I~#~ C:~;~t~` ~~'~4~i:~~7 PACE 02!04 ,. i 1010512009 14:27 561243734 CITY OF DE~RA1~ ~FACH f~AGE 03/04 Customer Name: Attention: Address: City/5tafie/Zip: Phone #: Fax #: Salmis Manager Randy Frink PROPOSd~. ~~1 `,_,_i 27r 1 sourxiv~'S7'367xf 57R,EE ,~~.~-gar-sz~ r s~.a-sa.~-oa7~rF,a~r1 Ci#y of Delray Beach OriandQ Serranq a~a s Swinfon Avenue Qelray Beach Fl, 33444 (561) 243-T345 (5fi1} 2437314 Date of Quote Quote Valid 9/22/xop9 30 L Quarrtrty 2tJp top Item # Square Aost 7 Square Past ? S oars Post 1 9po AluminumBlank lop AluminumAlank 10o Aluminum8lank lop AluminumBlank 1pp AiuminumBlank 1 op Aluminum6lank . 100 AluminumBlank 1 pp Aluminum8lank 100 Aluminum8fank 200 AluminumBlank 5p 100 Alumfnum8lank AluminumBfank 4p AluminumBlank 1 AluminumBlank Description Unit Price p' x 2"x2" 14 gauge $19.34 2'x2Ax2" 92gauge_ _ $24.85 2x6 $1.35 ~~ $2.02 '2x98 $3.87 ~8x 75 $4.45 ~sx18 $5.8p ?4x8 $3.42 ?4x24 $70.30 30x8 $4.47 3px30 $96.11 30x30 $95.52 3&x?2 $T.73 3Bx8 $5.39 24x48 $20.68 3ellvery Charge $25p.11(3 TZ~RMS: lV~! ,su u/t ra, an~..~.~ .R+•• •,~-• ••..~.,...____. SUBJECT TO CREDIT APPROVAL or PAYMENT PROVIDE !N ADVANCE Tax **DELIVERYCHARGES INCLUDED remarks: 4y: Randy Frink Accepted SY= HIGHWAY TECHNOLOGIES THANK YOU FOR THE OPPORTUNITY L)F QUC)T1NG ON YOUR REQUIREMENTS $136.00 $202.op $387.p0 $446,p0 $~sp.pa $342.00 1, Q30.00 $447. op 1,691.00 3,104.00 $386.50 $539.00 $827.20 $26p.pp p,285.T0 !0.323.70 MEMORANDUM TO: Mayor and City Commissioners FROM: Joesph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 9, 2009 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/CARDS CORPORATION, INC. ITEM BEFORE COMMISSION City Commission is requested to approve purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per pound for the Water Treatment Plant at an estimated cost of $120,000 for of fiscal year 2009/2010, purchased "as needed". BACKGROUND Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with 1991 lead and copper rule. On January 20, 2009, Bid #2009-12 was awarded to Pristine Water Solutions and Carus Corporation was the second lowest bidder for the purchase and delivery of Poly Phosphate. The City ordered from Pristine in January 2009. The lead and copper test passed only marginally after an extended set of water samples were taken. The results were backed up by an increase in corrosion on the metal samples (coupons) which were analyzed by Pristine in January and June 2009. At the August 4, 2009 Regular Meeting, the Commission approved a purchase award to Carus Coroporation for Poly Phoshpate through September 30, 2009. The offer from Carus included the ability to renew the contract for one-year periods subject to the approval of both parties. Within a few months, the lab results measuring phosphate around the distribution system with Carus Aqua Mag 9250 Phosphate showed higher and more consistent results throughout the City. This product contains 30% orthophosphate which is a corrosion protection agent. FUNDING SOURCE 441-5122-536.52-21 (Water and Sewer Fund /Operating Supplies /Chemicals) RECOMMENDATION Staff recommends the approval of purchase award to Carus Corporation for the purchase of Poly Phosphate at $1.42 per pound for an estimated annual cost of $120,000 for Fiscal Year 2009/2010, purchased "as needed". c~a„~us~ Tuesday, July 2 l , 2009 City of Delray Beach Purchasing Office 100 NW First Avenue Delray Beach, FL 33444 Dear John Bullard: Carus Corporation appreciates the opportunity to offer price support for your phosphate chemical needs. After careful consideration, we would like to offer our product, Carus 2250 (formally TPC-555) delivered to your facility. This affer is valid through 12/31./2409 as originally stated in Bid No. 2009-12, with same terms and conditions including an option to renew the contract far additional one-year periods subject to the approval of both parties. if you have any questions or need additional information, please contact me at 1-500-929-5789. Sincerely, (~ ~.: Craig P Principi Product Manager -Phosphates cAR~s cozzPOZ~a.TZON, zNc Product Quote To: Regarding: Date: Product: Price: Container: Quantity Minimum Quantity: Per Order Terms: John Bullard Del Ray Seach, FL 7/2i/2oog Carus 2250 $a..42 per lb delivered 50 lb bag X26,000 lbs 20,000 lbs Net 3o days/ Firm through I2/31/2oog Flease sign and return [fax X04-822-0922) to indicate your acceptance o this offer s~~ Signed Cra ~ ~. "L/bnC`i Craig P. Principi Product Manager _ Phosphates Smith, Douglas From: Majtenyi, Victor Sent: Friday, July 31, 2009 12:01 PM To: Smith, Douglas Cc: Bullard, John; Hasko, Richard Subject: RE: Phosphate Order Mr. Smith, Please see email below. Due to some issues with the with the formula on the phosphate provided by Pristine, we are recommending an award to Carus to carry us over throughout the remainder of the fiscal year, thus providing us time to analyze the product's formula and evaluate options. Thanks, Vic From: Bullard, John Sent: Wednesday, July 29, 2009 10:18 AM To: Hasko, Richard; Majtenyi, Victor Subject: Phosphate Order Richard, Victor, Patsy asked me to let everyone know that she is going to Commission on Aug. 4th requesting an order of phosphate from Carus for 420 bags at 50 Ib's/bag at $1.42/Ib for a total cost of $29,820. Carus was the next lowest bidder after Pristine and we are ordering the product they quoted in the bid package, which is close to Pristine's formula. We are only ordering enough for the rest of the fiscal year. The rep.'s are sure that this formula will prove successful on the next round of Lead and Copper. They have another formula which might be even better, at around the same cost, which we'll probably consider trying after this order. Thanks, John Nadal, Pats From: Bullard, John Sent: Monday, July 27, 2009 1:49 PM To: Nadal, Patsy Subject: Carus Polyphosphate Order Patsy Nadal, The WTR will need a supply of 21,000 Ib's of polyphosphate for the rest of I"y `08/'09. The order will be for 420 bags x 50 Ib's/bag x $1.42/Ib at a cost of $29,820. The account for this is 441-5122-536-52-21.. Thank you for your attention in this matter. john 8u#lard VVi"P Manager 243-7319 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Works Richard C. Hasko, P.E.; Director of Environmental Services THROUGH: David Harden; City Manager DATE: October 9, 2009 SUBJECT: AGENDA ITEM 8.L.4 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWRD/CHAZ EQUIPMENT CO., INC. ITEM BEFORE COMMISSION Request to approve a blanket purchase order to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. BACKGROUND The Public Utilities Department requested funding for the annual sanitary sewer manhole rehabilitation program with current year's budget allocation at $50,000. The award will allow us to continue with our annual rehabilitation program. We have identified numerous sanitary sewer manholes in the south west and northwest areas requiring rehabilitation. The annual Sanitary Sewer Manhole Interior Rehabilitation contract with Chaz Equipment has been renewed. The contract was originally bid and awarded in October of 2002 and has since been renewed every year without increases to unit pricing. Chaz Equipment's performance throughout the years has been consistently outstanding with their proprietary interior manhole renovation product ("SewperCoat") the City's preferred coating system for lift station rehabilitations. To maintain consistency on product application and services on manhole renovations, in June 2008, the City renewed the existing "Sanitary Sewer Manhole Interior Renovation" contract with Chaz Equipment Co. Inc., allowing annual renewals for up to another four consecutive years, from October 2008 through September 2012. The current has contract been renewed another year, valid through September 30th 2010. FUNDING SOURCE Funding is available from account #442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/ Sanitary Sewer Manhole Rehabilitation. RECOMMENDATION Staff recommends award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for annual Sanitary Sewer Manhole Rehabilitation projects. ~ ~~j Chaz Equipment Co., Inc. ~~~~ Attn: Gary Czajkowski, President 3180 Fairlane p'arrns Raad -Suite 1 Wellington, FL 33414 RE: Bid #200237 Sanitary Sewer Manhole Interior Renovation Contract One { 1) Year Renewal Dear Mr. Czajkowski; Th.e City of Delray Beach, on August 19, 2009, approved the contract renewal of the above referenced subject to your company. Term of the one (1) year contract renewal shall be from October O1, 2009 to September 30, 2010. Services shall be ordered via individual purchase orders and/or blanket order releases for the term of the Contract. "The City Manager may renew the contract, at the same terms and conditions and prices for four (4) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City" Thank you for your interest in the City of Delray Beach. If you have any questions in regard to this txaatter, please call me at (561) 243-'7161. S' erely, d'Ca.~.C~ Patsy N 1, Purchasing Manager Cc: Toseph Saffor finance Director Richard Hasko, Director of environmental Services Victor Majtenyi, Deputy Director of I'ublie Utilities Scott Solomon, Manager Water & sewer Network ~~~~:c g r~~o~~~~c~ ° ~~-~~~~~v ° ~S~C~i~~I~I~Ew ®~~~ov~r~~~ ° "~~~n~vo~~c CITY OF DELRAY BEACH PURCHASING OFFICE 100 N.W. '1st AVE DELRAY BEACH, FL 33444 {661) 243-7163 BID NO. #2002-37 1NV1TATlON TO BID DATE: July 23, 2002 TITLE: Sanitary Sewer Manhole Interior Rehabilitation BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Augus# 27, 2002, prior to 3:00 gym. at which time all bids will be publicly opened and read. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document farm a part of this bid and by reference. are made a part thereof.. PURPOSE:- It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein far the City of Delray Beach, Florida, hereinafter called fhe CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and Time as Indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted In sealed envelopes, mailed ar delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BiD NUMBER, TITLE, AND DATE OF SID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COPY OF ALL BID SHEETS. Any failure an the part of the supplier to comply with the ensuing conditions and specifications shall be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the task date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specifications, inforrnalilies, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, andlor to accept bids that in its judgment will be for the best interest of fhe City, as further stated in Paragraph 1f of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS ~, SUBMISSION AND RECI=IPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with khe firm name and by an officer or employee having the authority to bind the company or firm by hislher signature. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may ar may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A, Bidder warrants by virtue of.bidding that prices, terms; and conditions quoted in his bid will be firm far acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right fo purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DE#_IVERY: A. All Items shall be delivered 1=.0.6. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. 2 B. Time will be of the essence for any orders placed as a result of this bid, Purchaser reserves the right to cancel such orders, or any part thereof, wifhout obligation if delivery is not made at the time(s) specified on bid form. 5. BRANDr NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: ' AI! materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES:. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (3t)) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material :delivered under.=this proposal: shall- remain theproperty of the seller until a;physical inspectiom'and actual usage of this material andlor service is~made•and thereafter,accepted~to the. satisfaction of the Ciry and must comply.with the terms herein; and be fully in accord with specifications and of the highest quality. In the event the material andlor services supplied to the City is found to be defective or does not conform to specifications; fhe•. City: reserves the ,right<ao cancel ,the order: upon written notice to the seller and refurn product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder ar contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 1d. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees io hold the City harmless from any and all liability, loss, or expense occasioned by any such violation, 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. 13. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations, The awarded bidder shall also secure the work site before leaving at the end of each wor[cing day. 12. MANUFACTURER'S CERTfF1CATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the par# of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PlwRMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost far permits. Contractor shall pay for permifs for all oilier work. B. LICENSES: If you are not licensed to perform work In the City of Defray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. I_1ABILITY INSURANCE: The City .prefers the insurance and bonding companies have a BEST Rating no less than A-, Vil or better. if you have any questions regarding the City's Insurance andlor Bond requirements, please; contact the City's Risk. Management Office at (561) 243-7150. See pages 14 & 15 for insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: '~'~ A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT: If variations. are. not stated in .the proposal, it will be assumed ihat the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the~materiallservice from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in ilia City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate contract terms with the Successful Bidder, and the right io disregard ail non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves. the right to reject any or all Bids, or any par# of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies In the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the Slate andlor Federal Government. Exemption certificakes certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. 4 18. FAILURE TO B1p: if you do not bid, return "Statement of Na Bid Form' and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING L1ST. 19. EXCEPTIONS TO CONDITIONS,1 THRU 18 (Boiler Plate} Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at khe same terms, conditions, and prices, FOUR consecutive term{s) of ONE year{s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: A. Bidder certifies ihat this bid is made without prior understanding, agreement, or connection with any corporation, firm ar person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list {s). 22. CONI=LICT OF INTEREST: A." . `Bidder declares and certifies that no officer, employee or person whose.. salary._is payable in whole or part~fram the City of Defray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion.of the profits hereof; or B. The award is subject to provisions of State Statutes and City Ordinances.' All bidders must disclose with their bid the name of any officer, director or-agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (1t)} or mare in the bidder's firm ar any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to past in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply io al! subcontractors and ik is the responsibility of the subcontractors to be in compliance. 5 f 24. DISCRIMINATION: An entity or aff+fiate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 rea! property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may nat transact business with any public entity. T' , STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20~, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equ~.pment co. Inc. (hereinafter called CONTRACTOR). WITNESSfTH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, .and .will. perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR; as evidenced bye ~ the execution ~of ~ this contract, acknowledges that it has examined ~ the:physical., characteristics ~.of the ,job requirements. The CONTRACTOR further acknowledges tha# the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal {Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1-6 7-'I1 12 13 14 15 '! 6 17 - 2~4 25-26 27 CONTRACT DOCUMENTS (cont'd) Statement of No Bid References PAGE NUMBERS 2$ 29 Addenda numbers n a to ~,~.._, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract sha11 commence an the date indicated on the Notice #o Proceed. 5. This agreement shall be governed 'by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested~to the following.addresses: ,, '~ As to City: ' City of Delray Beach, FL ~ 00 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz F ui merit o 3380 Fairlane Farums Road. ~~h We1linQton, Florida 334x4 7. The CONTRACTOR shall not, without prior written consent of the C1TY, assign any portion of its interest under this contract and, specifcaliy, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. s ~~ 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend; indemnify and save harmless the CITY, ifs- officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the ClTY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is.not limited`to the~violation of.any Federa}, State, County or City laws; ~`by-laws; .ordinances; or.~ regulations by the CONTRACTOR, :his, subcontractors, agents, servants. or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and- a!l suits- and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnifcation provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by 9 ~. anyone direc#ly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. } The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement sha11 be considerecJ~~null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitu#e the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. ~, '• ~ o IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA David W. Schmidt, Mayor Approved:as to form: ~ n lfA~f~ .S _ - , l c' ! ?City Attorney ~ P~ ~~~'}~~ WIT ES ~ ~ (Prink or type name and title) cor BY: U ~~ (Print or type name and title) (SEAL) ll CORPORATE ACKNOWLEDGMENT STATE OF ~ ~ COUNTY of ~ e foregoing instrument was acknowledged before me this ~ d day of I, •-~ ~ 20~~ by ~~ ~t (name of officer or-agent, #itle of officer or agent), of i~t ~ (state or place of incorporation) corporation, on behalf of the corporation. HelShe is (personally known to me) (or has produced iden#ification} and has used hislher ~- , (type`of ic~tific~~~on}.as.identification. Si~n~ture of Pers Acknowiedgment ` ~~ Name of Acknowledger Typed, Printed or Stamped ~xw~,,.~ ~~ y Ih~yV~V pM~AppU.NM1JII ~ ryW1y~~ INI~//y~/~'~lK~.:i ~+ . Gr~f1GJ. ~~ ~+~. ClM7 v%a°„~„Tn~~` BadedThrui7apryP~bfcUndenerien 12 CERTIFICATE (if Corporation) STATE OF FL RIDA ) ~) SS COUNTY OF [~~.~% ) _ . ,- - HEREBY CERTIFY that a meeting of the Board of Directors of ` ~~~ ,~ {~G ~ _, a corporation under the laws of the State of held on D , 20 D~he following resolution was duly passed and adop "RESOLVED"; th t - -~ : F~,,.as: ~, President of the corporatio , he/she is hereby authorized to execute the Agreement dated,; ,.20 ,between the City of,Delray.Beach, Florida and this corporation, and~that his~~xecut'iorithereof;:attested by the:Secretary of~.thd~Corporation and ~ .: . with corporate sea! affxed, shall be the official act and deed of this corporation". furtFier certify that said resolution is .now: in full`.force and effect.: !N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this ~~ day of , 200c~- (S cretary) (Seal) - 13 INSURANCE REQUIREMENTS A. GENERAL. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs {~I) to {4) inclusive below. S. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 'f. Worker's Com ensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and 1=ederal Laws. In addition, the policy must include Employer's Liability with a limit~if~$~00,000 each accident. 2. Com rehensive General Liabilit -Coverage must be afforded on a farm no more restrictive than the latest edition of the Comprehensive Genera! Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c) Endependent Contractors. d} Products andlor Completed Operations. e) : No exclusion for Underground, Explosion or Collapse hazards. ~. r 3. Business Auto Polic -Coverage must be afforded on a form no more> restrictive-than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a} Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b} Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 3. Certificate of Insuranoe -Certificates of all insurance evidencing the Insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of OliCleS rovided but shall also refers ecificall to this bid and section and the above ara ra hs in accordance with which such insurance .is bein furnished and shall state that such insurance is re aired b such ara ra hs of this contract. The successful bidder will include the Cit of Delra Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty {30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". t4 :~ ~a 5612437166 CIiY ~ DELRAY BEAC}~ B'70 P08 DEC 21 '80 10:23 :.J - ~ • noon ~sv,~AZ~c~, zHC_. P.Q. PO% MI BESx cY~st, us.A OOp00 u~TSUr~D LIILLXHG WOR)~S ASSOC. ABC DRzV~ AHY'TONi`7, uSA 000(31 ~: .; THIS CSFiTIFICAiE tS ISST1EO AS A YA7Y?:q OF IHFQRftA~0i10ldt.Y AHD CONFERS Ha f11WiTS bPOH THE CEiiTiRCAT'Jr iIOLAETL THts CERTTF7CATE DOES FtOT Al~IE1{p, EXTEHq OR ALTEq THE COYEAAOF:.AFFOFtt?fD 8Y TH@ POtJQE6 Bq.oW. COMAAIVIES AFFORDING COV~RAG~ f'- }. ' ~~ COrwAHY A ItIGEiT (,tl6$D ~SURAtZCE Cp_ 4~=r~~ LErTT:s+ 1~`.'~"_ I.E~i'r~ ~ CUMI'LExE CO~fERAGE xNSQR,aNCE C4. ~ C caMPMrY ~ [,Er'fEA CO-ePASiY LE71EA~-- ~. ' THIS IS TO CEri~TFY THAT Pti[~ {~ Of gtSlliiAteC~ ~p g~~y~yE ~j~ lSSVEDTO T'HE kf$Uit~p k 1.rrED A.80YE FOA THE POLICY PEiup0iH0iCA7E0 NOTWiTHSTA,tfTNN4 AH1' R£4UU iF1at:-tT. TfAxl OR COHOlT1pH OF AHY OON7TtAGT OR OTHER nOCiFMEH7 Y ' BE 155UE0 Oft I.t/.Y PEATAiH, Tl ~ TH]HS OF S H , IITH RESPECT TO WHfCH T11tS C>rKTIAGIT'E rIAY INSeJA/IFTC:E A,FFOHAl;D BY t,4E P4LfC=ES DES~iBED HEpt:iH tS SUBJECT To At L THE TfUtus E POL~g, UC , , XCLUSIONS. A?iD C#!04 ~ 1' 7YPE OF INSURANCE PULiGY HUMB£A ~~ f~{~ C1T[ t-+~+~CC'rYl r'0.uY b~llpry LN64lM RIi.11TS IN TNOUSAHDS A GENERAL LueluTY wrt (muoDmq r .. ~ rt.- ~• Acn OCC4RREF+C KAREGAte • g LOh1PREHEHSiVE WRAT GI.P077ba~ 3-O1-9o 301-g1 ~ Y S S )C IrAEMCsFS,oPErtAnaiS X a occiJ~SE lut~l P E~ , 5 . TSOOiTGTS~IP~ET~O OPEiz1T10 IS t•~~ ~ COHTTU+CTLv~ ~ ` ~ s sro co~nwsD 5 300 5 300 7C IriOEPExoE1~r co~kT'r~croASi: , , 6TI~A FORr t PR P '~ ~ O ERTY T3A4fAGE; PEASOtTAJ_ IHRIAY P@cl$pNAL MLIVRY ~ . A AUTOAIOSILE LlABIi.TYY arnr urTO 11x.p07~bp5 3-01-90 3-0191 ~* ' S • . ALL OKIHEO AUTO$ (PRN. PASS.) - ALl Ot'1ltED AUTOS rOTHER Tow }} l PAN PASS J r[txr ~.rm ' . . PP +WOF)il} ~ IaRE4 AUTOS ' HOH~YNEB ABTDS fir" ~ • G~A4GE !Il,8gjT7 t 6 $ 3oa ~~ LIAOnJT-Y . ~ FflRM °+o S 5 UiHER THA4 UFABAELtJ~FpR1R woRlc~s~ CWIPfill3AT10N CLPQ77511b 3-03.-90 ~~nnoaY ._ .:~, ; •~•r $ AHD 3-01--9L ~. $ (~, ACCOEtrn'...;.- EMPLOYERS' LIABILITY '.~`~ $ (OrSEASE'POIIGY LL51ifl e }~ 5 F05E0.TE-fACHEhAPtO~rEF1 OTHER ESCA4'T1QN OP OPET~l77oNSrt.pp1. rrEulT nce at ou sect ba must xca ex,~CC y THLS XNSEJRANCsE AF3'Lx',bBLE ',£0 (crate project) as ~exov_ Cross out indicated Troxdiing *Cx~ Ole DE~.YtAY BP.AiC1 iS AnDYZZ(~1~, X2iS1oR~ & provide 30 days Trr.~tF:eu aotice) . . st+oUtn ~HV or: Trl~ ~8ov>= DresEa PauCtes e>: c~-rH~u~o >s~r~ me: na cxT~ OF DELILAY $$AC3 PIRATt~ p~TH THElIEOF. THE 186 INO COEIPAHY WILL ~ '43~i S . $~~OH ~VE~ ~ IAATL •~~~u+ OAYS wRITTF]I lIO1KE to ~ CERTTFlC,!-TE HOlDF1t ltAl~lm To 7'ttE . DF.~.RAY • BLACS, PLOILY]A 33444 ~~ ' ~~ ~ ~ I~va~ssrrrAr~ ~ ... DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given #o the vendors who submit a certification with their bidlproposal certifying they have adrug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: ~} This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the busiriess's.;~policy, of maintaining a -.drug-free workplace, any- available drug .counseling, rehabilitation; and employee assistance programs, ands the ,penalties that may. be ,imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services, that are under bid a copy of the statement specified in subsection ('i). 4) In the statement specified in subsection (7}, this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5} days after such conviction. 5} This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6} This firm will continue to make a good faith effort to maintain drug-free workplace through implementation of this section. ~ . ~y ~~~ ~ ~p ,~h ~ ~ ri71 t i ~1 l~~~-~-t~L~. Contractor's Name r~e~ ~~k; 16 CITY OF DELRAY BEACH BID #2002-37 SANITARY SEWER MANHOLE INTERIOR REHABILITATION ANNUAt_ CONTRACT B!D SPf=CiFICATIONS PART 1: GENERAL 1.01 SUMMARY A. This specification shah govern all labor, materials;`equipment and appliances necessary for sanitary sewer manhole interior rehabilitation for the purpose of eliminating infiltration and inflow, providing corrosion protection, repair of cracks and voids and restoration of the structural integrity of the manhole as a result of the application of a monolithic fiber-reinforced structuraElstructurally enhanced pure calcium aluminate cementitious liner to the wall, ceiling and bench surfaces of concrete, bricl< or any other masonry construction material. 9.02 SUBMITTALS A. Submit manufacturer's material data_ and application and installation instructions for ail products used. B: Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year - history-forreconstructian of sanitary.sewer manholes.on projects of;similar size and scope. 1.03 QUALITY ASSURANCE A. Use, mix, apply and cure- all products In accordance:with the manufactures: recommendations and instructions. B. Provide recommended daily or per lot test specimens for compressive strength and other testing per applicable ASTM standards: PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. Aquick-setting, fiber-reinforced, calcium aluminate-based cementitious material for patching and filling voids and cracks. 2. Material shall have the following minimum requirements Compressive Strength ASTM C-109 6 hr 1,400 psi Shrinkage ASTM C-596 0% at 90% R.H. Bond ASTM C-321 28 day 150 psi Cement Sulfate resistant Density, when applied 105 + 5 pcf B. Infiltration Control Mix: 1. Arapid-setting cementitious product specifically formulated for lnftliration control. l7 2. Material steal[ have the fallovring minimum requirements: Compressive Strength ASTN C-109 1 hr 600 psi ~ . Compressive Strength ASTM C-109 24 hr 1,000 psi Bond ASTM C-321 1 hr 30 psi Bond ASTM C-321 24 hr 80 psi C. Grouting Mix: 1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: 1. Afiber-reinforced pure-fused calcium aluminate cement and calcium aluminaie aggregate to be wet mixed and low pressure spray applied to form the structuraVsiructurally enhanced monolithic cementitious liner covering all interior manhole surfaces. Liner material to be Lal=arge SewperCoat PG or apre-approved equal. 2. Material shelf be pre-mixed and specially formulated to withstand H25 (hydrogen sulfide) bacterial corrosion and abrasion in sewer nehrvorks. 3. Material shall have4he following minimum requirements: Compressive Strength ASTM C-909 6 hr 1,400 psi Compressive Strength ASTMC-495 1 day > 8,000 psi Compressive~Stirength: ASTMC-495 7 day > 9,000 psi Compressive Strength ASTMC-495 28 day > 9,000 psi Flexural Strength ASTM C-293 12 hr > 9,000 psi 1=lexural Strength ASTM C-293 28 day > 1,400 psi Shrinkage ASTM C-596 0 percent at 95% R.H. E. Bonding Compound: Material shall be a modiFed cementitious bonding compound that protects exposed reinforcement steel and enhances bond of overlay to substrate. F. Water. Water shall be clean and potable. PART 3: IEXECUTiON 3.01 MANHOLE PREPARATION A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign loose and unsound concrete arid masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical fools for removal. C. Loose, unsound, and prafruding concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. D. Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum} water spray, using detergent, muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants that would prevent goad bond between the existing manhole interior surface and the liner material. 18 E. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated infiltration control mix. F. Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting mixes specially formulated for control of very active infiltration. G. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. H. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufactures instructions and recommendations. 1. Areas of manholes that are found io be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Engineer. A suitable repair method shall be developed for each area and submitted to the Engineer far review prior to commencing the repair. J. Prepare, clean and repair manhole benches and inverts in the same manner as prescribed above. 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. B. Liner'application shall be 0.5 inch minimum~thickness. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequate to cover the substrate •• and be trowleij~ to :compact the .material into voids and sef the bond.. The second coat shall be ~' applied to~ensure complete•coverage~at the~specified.0:5inch'minirnum'ihickness. C. Inverts shall be lined with patching mix, krowl applied in one coat to a 0.5 inch minimum thickness. D. Prepare, label-and submit recommended daily orper lot test specimens for testing. 3A3 Ct_EANING A. Clean manhole interiors and remove all construction-related materials, equipment and appliances from the manholes prior to reinstatement of the manholes to service. PART ~4: MEASUREMENT ANl] PAYM7=NT 4.01 MANHOLE 1NTER1OR LINING A. Measurement: Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior surface lined at 0.5 inch minimum thickness. l3. Payment: Payment for manhole interior lining shall be the number of vertical feet of manhole interior surface lined times the unit price bid per vertical foot of manhole Interior lining. C. Incidentals: All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price btd per vertical foot of manhole interior lining. 19' 4.02 MANHOLB STRUCTURAL. R1=PAIRS A. Measurement Na measurement will be made for payment for manhole structural repairs. B. Payment: A11 costs for manhole structural repairs must be included in price per vertical feet of manhole lining. 2~ Part IV: Contract InformationlReguirements: MINIMUM QUALIFICATIONS AND INSTALLER RE UIREMENTS The installer shall have been engaged in the installation of Manhole and Lift Station System Rehabilitation Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand (x000) sanitary sewer manholes and 50 lift stations, in the Skate of Florida, utilizing a system that offers pure fused Calcium Aluminate. The selected contractor will be responsible for knowledge of and compliance with all relative local, state, and federal codes and regulations. The installer must include in the bid a list of Twenty five (25) references, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the task Seven (7) years. At least Ten (10) of these references must be current, having had installatiorl~ within the previous Three (3) years. A contact person and telephone number must be provided for each. Far all work performed under this contract, the successful Contractor shall provide a competent job-site supervisor and any necessary assistants, all approved by The Waste Water Department of Delray l3each. -The job-site supervisor shall be present at ail times while work is in progress. The job-site supervisor shall represent the Contractor at all times while ail directions given him shall be binding as per the contract documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a product that consists of a pure fused Calcium Aluminate Cementitious Liner. TERMS 01= CONTRACT This Contract.will commence a~ the date,of•award and be in effect for one (i).year. CONTRACT RENEWAL The City retains the right to renew ibis contract with the consent of the vendor, under the same-terms and conditions for four (~i) additional one {'f}year periods, renewable annually. Any price adjustments requested by the Contrackor will be based on the consumer-price-index (CPI) and amendment to the agreement to be processed and approved by the City Commission. All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annual change to the Consumer Price Index-Southern States for the immediate twelve-month period preceding the renewal of the Agreemenk. The value of this annual adjustment will be determined by the Owner. If the City determines to renew this Agreement, it shall provide the Contrackor written notice of such renewal thirty (30}days period to the termination of the contract term, then in effect. TERMINATION Should the Contractor be found io have failed to perform his services in a manner satisfactory to the City as per the Technical Specifications, the City may terminate this Agreement immediately for cause; further the Cily may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the most qualified, responsible bidder to whom the City (on basis of City's evaluation as hereinafter provided) makes an award that is the most advankageous to the City. The City's evaluation of the bid shall take info consideration the cast (total, unit price, or combination of both), City prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in a timely manner. 2! PART V - MEASURi=MENT AND PAYMENT SCOPE A. Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full and complete payment far furnishing all materials, labor, tools and equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, lift stations, and wet wells by various trenchless methods as authorized by the City. The City will establish an annual renewable contract for these services with the successful bidders as described in the Bid Specifications pages 17 through 24. The unit prices stated in the Proposal Bid Form include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation,pharges and expenses, patent fees and royalties, labor far handling materials during inspeckian, together with any and ail other costs and expenses for performing and completing the work as shown on the details and specified herein. The Basis of Payment .far an item at the price shown in the Proposal Bid f=orm shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and inskalled in conformance with fhe Contract Documents. 13. The Contractor's attention is tailed to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item.of work has not been established;in the Proposal, Bid Form or this Section, the cost for that work sha11 be included in~ some. other applicable Bid .item, so that the Proposal for the project reflects the total price for completing the work in its entirety? No separate payment will, be made;for khe foAowing~work<if. required and: its cost shall:be included~.in appropriate payment items: • Applications and pulling of aN utility and construction permits; Dewatering and disposal of surplus wafer; Structural repairs; • Cleanup; • Testing materials and apparatus; Maintenance of ufility service; • Appurtenant work; • Inspection Photo Records • Maintenance of Traffic. The following paragraphs will clarify the work included for the items listed in the Proposal Bid Form. MEASUREMENT The quantities for payment under this Contract far each Work Order authorized shall be full compensation determined by aqua! measurement of the completed items, in place, ready for service and accepfed by the City unless otherwise specified. The City will witness all fceld measurements. When depths are indicated in the bid items, they shall be measured vertically from fhe existing grade, paved or unpaved, to the pipe inver#. it is intended that all work required io complete this Work will be included in the various bid items as described in the following paragraphs. 'I. ADD MOBILIZATIONIDEMOBII.IZATION The mobilizationldemobilization cost is applied if a work order has less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated for the work.arder, this cost ikem shall be included for payment to the Contractor for the additional 22 mobilizationfdemobilization costs which becomes significant with the smaller project work orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. 2. CEMENTlTIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or 60-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be made from the bench, at its highest point, to fhe upper limit of actually treated wall, cone or chimney. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into fhe manhole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering fines; testing; safety eq~ripment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, complete in place. Payment far bypass pumping, if required (other than because of damage caused by Contractor}; will be paid for under a separate item. CEMENTITIOUS LINING OF LIFT STATIONIWET WELL SURFACES This item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made o the actual surface area repaired. Payment of the unit price per square foot will provide compensation for cleaning of the wall- by both pressurized water-and sand. or soda media blasting methods; .relief of hydrostatic pressure • outside the structure if.~ necessary;••,injecting~~chemical:grout:~to:-•stop. active,.~infiltration,~ if necessary; cleaning; surface'preparakion.as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacturer's representative's: presence or:assistance;~if ,required;::isolation of; the.lift station:or~wet,well by plugging~,entering lines; testing; safety equipmentY for personnel; :labor, • tools~~ and equipment; and •. all ,incidentals necessary to obtain a watertight, seated wall and bench complete in place. Payment for bypasspumping;~if required (other~than because.of:damage•caused.by the Contractor}; will be paid for under a separate item. 3. BYPASS PUMPING O}= SEWERS a. BYPASS PUMP AND PIPWG SETUP These pay items provide complete compensation for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perfomn the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypass pumping is necessary, it will be identified as a payment item. The pay item is a one-time charge for all bypass pumping setup operations during a given lining installation, including services, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypassed. These items shall include, but are not limited to: all necessary and required traffic control; pumps; piping; gasolineldiesei fuel; maintenance; transportation and storage; temporary bypass and service piping; Eabor; materials andlor any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items sha11 be paid for on a per day basis for operation of fhe bypass pumps. Bypass pump operation sha11 be bid on the basis of the size of the pump used. These Items shall include fuel operating costs. 23 ~. ADJU571NG EXISTING MANHOLE CASTINGS These pay items provide complete compensation for furnishing ail necessary. labor, equipment and material to adjust existing manholes to match existing elevations. 5. FURNISH NEW MANHOLE RING AND COVER This pay item provides complete compensation for furnishing new manhole ring and covers as specified by the City to be installed under pay item 4. 6. RECONSTRUCT BENCH AND 1=LOW CHANNEL This item provides complete compensation far all necessary Tabor, equipment and material required to re-construct a complete bench and flow channel, as required per the City's minimum standards. 7, INSTALLATION OF CHIMNEY SEALS .. . This pay item provides complete compensation for furnishing all labor, equipment and material required to install manhole chimney seals. 8. RE-kNSTALL PUMP BASES These pay items will include complete compensation for furnishing all necessary labor, equipment and material required to re-anchor existing pump bases, where, under the opinion of the owner's representative, is required: 9. INSTALLATION OF INTERIOR PVC DROPS These pay. items provide complete-.compensation. for furnishing .all Labor, equipment and material required to install interior PVC drop piping: 10:.REMOVAL.OF~EXISTING COATINGS This'item:'provides, complete, compensation forfumishing •all• necessary •fabor,:.equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. 11. REMOVE-AND REPLACE EXISTING PIPING AND VALVES This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check rialves, plug valves and all miscellaneous material required for this installation. This work will start at existing pump bases and wiEl terminate prior to where discharge piping exits existing valve vault. All work shall comply with City of Delray Beach minimum standards. 24 MANHOtE1LIFT STATION REhIABILITATION _ BY CIEMENTITIOUS LINING SCHEDULE OF PRICING BID FORM ITEM 1.) MobilizationlDemobilization a. MobilizationlDemobilization if less than ~ ~~~ ' 10 manholes or less than 750 S1= per job work order each " r~ ~ ~D' o ti l f t 2.) Diameter Cementitious lining of Brick Manhole - 48 f . per ver ca oo ~b 3.) Cementitious lining of Pre-cast Manhole - 48" Diameter ~ D ' per vertical foot 4.} Cementitious ling of Brick Manhole - 60" Diameter ,~~ per vertical foot ~7 ~ ~~ 5.) Cementitious lining of Pre-cast Manhole - 60" Diameter ~ ! . per vertical foot. 6.) Lift Station Surface Rehabilitation by Cementitious Lining ~ ~ ~ per square foot 7.) Sewer By-Pass By-Pass Pump Setup with Bypass Pumping n ~ _ a. Bypass 8" Sewer Setup e~c C~7 each b. Bypass 10" to 12" Sewer Setup ~a ~ each • ~ '''~ c. Bypass ~5" to 18" Sewer Setup ,~~ ' each d. Bypass 24"Sewer Setup ~ DEb • each d~ ~ ~ ` d e. Bypass 4" Pump per ay ~ f. Bypass 6" Pump ~~`]' per day g. Bypass 8" Pump ~D` per day h. Bypass 10" Pump ~D' per day 8.} Adjust Existing Manhole Casting within Asphalt Pavement D~ • each 9.) Adjust Existing Manhole Casting within Green Area ~~' each 10.} Fumish New Ring and Cover DD ' each 11.) Re-Construct Manhole Bench and Flow Channel ~~ F each 12.} Furnish and Install Manhole Chimney Seal ` ~ each r~^ ~ i3.) Re-Install Existing Pump base 4" )tJ[J each 6,~ I;D ~' each " d ' a h 8 e c 25 1.4.} Furnish and Install 6" PVC Interior Drop 15.) Furnish and install 8" PVC Interior Drop 16.) Re-construct Lift Station Fillet 17.) Removal of Existing Coating 18.} Remove and Replace Existing Piping and Valves, within Existing Submersible LiFf Station through Existing Valve Vault :' -, ' ' ~~ ~ 2 to ~4 each 4' io 6' each ' ' ~~' ~ to 8 6 each ' ' 1 ~,~~, 6D " ' ' to 4 2 I ~-~ each ' ' ~~ `~ to 6 ~ CO each 6' to 8' r-~ ~ I ~` each L~ fi' Diameter ~ fly' each 1~ ~ 8' Diameter R ~ o(OD' each _.._:. ~ nn ~ 14' Diameter ~..1DD ` each ' per square foot ,q° ~ OID~ ` each 6" ~ l0 ~ 00`?' ~ each 8" ~~i~•~each 2G ~ k31D SrGNATURE FORM ~` PLEASE AFFIX SIGNATURE WHERE LNDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2002-3T Opening Date: Tuesday, Au_gusf 27,_2002 B!D TlTLE: Sanifa Sewer Manhole Interior Rehabilitation CDMPANY NAME Fa ~'~ Ps1~1P Lo • ~[ _ ' -DATE: ~ ~ ~ a" NAMFJTlTLE: ADDRESS: .STATE Z!P'CODE ~3~~ ~- ClTY FEDERAL TAX l.D. #: TELEPHONE: FACSlMlLE *SIGNA ~~ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: r~G ~ ~ i 27 y STATEMENT OF NO BAD Bid # 20Q2-37 Sanita Sewer Manhole interior Rehabilitation If you are not lidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 3344 or fax to (561) 243-7166. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Defray Beach. COMPANY NAME: ADDRESS: TI/LEPHONE: L~ SIGNATURE: DATE: Minority Owned Business: ( }Black ( }Hispanic ( .) Woman ( }Other ~• ~ r (Specify) We, the undersigned leave declined to bid on your Bid # 2042-37 For: Sanitary Sewer Manhole Interior Rehabilitation Specifications too "tight", i.e. geared toward brand or manufacturer only {explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent REMARKS: f Our product schedule would not permit tts to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain belo-v} Otltier (specify below) 28 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: October 12, 2009 SUBJECT: AGENDA ITEM 8.L.5 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/CHEMICAL LIME COMPANY OF ALABAMA, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical Lime Company of Alabama, Inc. via Boynton Beach Co-op Bid #005-2821-09/JA at an estimated cost of $720,000 for fiscal year 2009/2010. BACKGROUND Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment and to remove hardness which in turn, prevents scaling in the pipelines. The City of Boynton Beach awarded this Co-op Bid to Chemical Lime Company of Alabama, Inc. at their City Commission meeting of December 16, 2008 per award letter dated December 18, 2008 to Chemical Lime Company of Alabama, Inc. Per the attached letter dated September 21, 2009, Chemical Lime Company has offered to renew the contract with an increase of $8.42 per ton or 3.7%. It appears likely that Boynton Beach will extend the contract as indicated in the attached email. The Manager of the Water Treatment Plant agrees with the recommended renewal and the 3.7% price increase. The City in the past has had problems with other quicklime providers. FUNDING SOURCE 441-5122-536.52-21 RECOMMENDATION Staff recommends award to Chemical Lime Company for the purchase of bulk quicklime at an estimated cost of $720,000.00 for fiscal year 2009/2010 through Co-op Bid #005-2821-09/JA. Nadal, Pats Fram: Bullard, John Seat: Friday, October 09, 2€}09 10:33 AM To: IVadaf, Patsy Cc: Montgomery, Gloria; Haska, Richard; Majtenyi, Victor Subject: Bulk Quicklime B.f'.O. patsy, As you are aware, Chemical Lime has increased their price by $8.42 per ton on our piggy-back contract with The City of Boynton Beach. f have agreed to the price increase due to the fact that we have had bad experiences with other lime companies. Gloria will send the paperwork up to you. 1'li fet you review it before it is seat to Boynton Beach. We will need a B.P.O. for $720,1100 for Fiscal Year `09/'1D to be funded out of WTP account #441-5122-536-52-21. Thanks again, John i QC ~u..~~.~~~~g1~..~-:4~~ 56174263.6 a GholsR Gro~,p CompenV 5el~tember 2z, 2Q09 Ms. Janet Allen, Purciiasing Manager City of 8oynlon Beach pUrchasing gepartmenr 1010 East Boynton Beach Boulevard BoyrtCon Beach, Florida 334250310 dear Ms. Allen. c~r~ aavra`ra~ ~I~c No, 040 P.E ~~ ea~e4 VzA FACS~MIL~ This letter is in response i:o yaur inquiry regarding a short-term renewal of xhe lime suljply agreement (Bid Number OSO-2821^07JA) between Boynton Beach and the rnernbers oP the Paim Beach County Purchasing Cooperative and Chemical Lime Company that is scheduled to expire pecember X5, 2409.' Rs you may know, Chemical Lime praductlort t=scilllles are Iocafied neat ~irmingham, Alabama. CSX Rail brings Icme ~ Che~niCdl I_lme di5trlhutlart terminals around plorida, where the lime is unloaded from railears, placed In storage, and shipped tv our customers an demand: we have expeTler~ced modest rail freight [nereases, increases in the transfer acid slorago cvsfs, and In truck freight. The increase In tall trahspat~Clon is $6.4~ per tan, the Increaso In i:ransFer and st©rage cosh Is $0.49 per tan, and i;he increase in truck freight Is $~E50 per ton, rotas Increase for the palm Beach County Cooperative would ire $8.42 or 3,7%, Chemical l.Ime is agreeable to extending the lime supply agreement ti~rough December 15, 2410 if we can pass along lrelghC and kranster cost lntreases as represented above. Please set rye Icnaw if l'hl5 arrangement is atceptabie to the City of Boynton Beach and the members or l'hc~ Coop, yr if you have any questlo~~s, t~s always, yntlr business Is appreclateci ae chemical I.inae Company. Very truly yours, Cl~EM1CA~ i--IM C4l~1~ANY ~_-~-- ~.. ~ ~~ .7ol~n 'L. `i~hDrrl~}5t~n F'lgrlda Sales Manager C:liamlc~l LIn1e Can~pany of Alabama, inc. I cgk9f~ll d 5a1~!5 ©f~iCr, 47.0 GleV~land Nelc~hts Boulevard, Suitw 203, Lakela~td, Flv~ide 33613 f'hoRe: 13~) X25-75~1~! Fax: (863) 4?_5-!1668 a C ~:.v ~:... 2 ~ ~ ~1 ~..~, ~ 3 ~ ~ 55174 26316 The City o,, f ` Boynton ~ea~ch P~aaurement S~ru'!c'ar 100.~Q ~Boynfa~ >;cacl~ Anr~levand' ~', o .~~ ~,to .~n,~nl41r..~errc6, .1/'lnr~ai~ 33d~S-I1.~,TD Tel~,{rhan~. (S6IJ 74.2-~3y0 F~Y• (,s6.rJ 742-63115 OCTOBT~ 8, X009 TO:A.x.~, PA.RT~CO'A~TIN'G TN',~~~~~ R>~; CO-OP ~Y7L~ QU1C~L,ZME B~3# 005=282i~09/JA cx-rv ~~v-~r~ ~~aew No. 0240 P.~ 3~ ~zi~~ The aho~ve mentao~,ed hxd wilt expiure Docatnbcr 15, 20x9 we bare an option to co~tino.c using Cb;emicai Limte Coztapany with an increase izz the ~uusfer attd stoxage costs, ar~d i~ truck freiglti. 'the incroase ~~ ~eail trax~aportatio~ i.s $6.43 per ton, The i~acroasc ia~ tranS£ex atta storage costs i.s $0.49 per ton, anti the increase in truck :&ei~lat is ~).Sb per xo~a. Total inore~se tv Falm Bengt County Coopcra#ive would Ue $$,4~ oz' 3.7%, per attached iettcr ~rorn Chemical Lime, c~ateci Sep~mbex 2l, 209. if you are eatis~ted with perfo;rmmance and agree to the in,creasE please deck bore: ~! I~'you b0 NQ~' wish to accept the i~crEase please check here: Tf ISO, please captain why: Name of G`ity/Oxgani~.ad,ozl; ciry o.~ ~E[,e~y Q~.4c~~ apt. 9. 2009 1:43~I~ yam, ~,~. ~.~~,., lw. -.., 561742616 ~DyrltD~t .,~eacl~ rncrrencn,r services !4A ~. ~aynian Beach l3oulaxard P. 4. Bnx9,l0 An~n~nn !ie[lch, PYattda 33415 Ag70 Telephone: (Se51) rI~-ff31A /rsJJ(• (3'67j 742-~631G CITY BQYNTON BEACFf 0 ~ O ~ ~- O P. ~ ~ ~ 0~/ 0~ Boa -s- r~ . ~~ ~~ ,~~, Phone Nc+m6er: s~/ -- ~. f s - 7~3/ 9 Fax #: S"~ /~-~y,; T ~'.~/( Natxte/Title of Responde~tt: ~ ra .y ~5/ ~' . ,B zJ~ L.9 ~ ,~3 !rte T ~ /~` ~}~ ~9 ~~ ~ Date Submitted: ~ ~ '~ % ' 0 5' PZeaae submit t ~ rev later Kati QCtober X2,,2009. Thaw a~ou £or your Expedzent atten~on to this utter. SSJ1CeIel3-a Carol Dopp~ex, CPpF3 Purct~as~ng Agent /ja. C: N~[elvin PzztlozElr --Chief Dperator EW'P city o~Delray Beach City of Lake North City of Eiviejraa Beach City oiFW~~st Ps~m Bead, 50. Ccxtr~ Re$ianal WWTP Tillage of Wellington Canal F~.ie File Nadal, Pats From; Allen, Janet [AIIenJ@bbfl.us] Seat; Tuesday, October 13, 20US 1:23 PM Tq; Nadal, Patsy Subject; Co-Op Bufk Quickii~e Patsy In regards to the Co-Op Bulk Quicklime, l have sent out the extension letters to all participating entities. At this time, I have received a majority of the letters back agreeing to extend. I will keep you pasted. At this time it looks Pike we will be extending. Thanks Janet MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Sr. Buyer THROUGH: David T. Harden, City Manager DATE: October 12, 2009 SUBJECT: AGENDA ITEM 8.L.6 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/POOLSURE OF SOUTH FLORIDA ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order to Poolsure of South Florida, Inc. for the purchase and delivery of sodium hypochlorite; valid from 10/01/2009 thru 09/30/2010 in the estimated amount of $51,200. BACKGROUND Sodium hypochlorite is used as a disinfectant/antimicrobial agent and is a general disinfectant to destroy bacteria, algae, slime, fungi and other micro-organism in the sewage systems. Currently Environmenal Services purchases this product from Poolsure of South Florida, Inc. in small bulk loads for five (5) locations, Gulfstream, lift stations #50, 80, Owens Road and 5000 block of W. Atlantic Avenue. All of the sites require quantities of 500 gallons and/or 1,000 gallons and cannot accommodate a tanker size truck delivery. Although both quotes are the same price of $1.25 or 1.30 per gallon depending on quantity, Poolsure of South Florida Inc. has provided excellent service over the past five (5) years to the City of Delray Beach. Problems have arisen in the past with the other vendor regarding timely deliveries. Poolsure historically has been very responsive to all of the City's needs, i.e. timely deliveries and emergency purchases and they are local if an emergency delivery is required. Evironmental Services desires to continue service with this vendor. FUNDING SOURCE Account code: # 441-5123-536-52.21 WATER AND SEWER SERVICES/OPERATING SUPPLIES/CHEMICALS RECOMMENDATION Staff recommends award of a blanket purchase order for the purchase of Sodium Hypochlorite "as needed" from Poolsure of South Florida for an estimated annual cost of $51,200. Nadal, Pats Frorre: Solomon, Scott Sent: Thursday, October 01, 2€1Q9 4:9 8 PM To; Nadal, Patsy Subject: Chlorine Patsy; The account number to use for Sodium Hypochlorite purchase is 441-5123-536-52.2. in the amount of ~51,2D0. Sodium Hypochlorite will be used at remote booster stations in various locations throughout the city. Thanks SCOtt f, 1 Nadat, Pats Fwom: Solomon, Scott Sent: Monday, September 28, 2009 2:27 PM To: Nadal, Patsy Subject: chlorine Attachments. 20090928141847153.pdf Patsy; Please see attachments as they are quotes for next fiscal year's chlorine purchases. Deliveries will be made to various locations throughout the city. Oeing both quotes are the same I wish to continue service with Poolsure as they have been providing excellent service for the past 5 years. Thank you Scott Solom©n, Scott From; mbrandt479 ct~aol.com aenE: Wednesday, Septerrtber 02, 2009 10:50 AM To: Solomon, Scott Subject: Poolsure pricing far t3ctvber 1, 2(109 thr[~ Sept 30th, 21310 Follow Up Flag: Fallow irp Flag Status: Flagged Scott Please accept ou€r price for sodium hypochl©rite from QCtc+ber 1, 20(19 to September 30th, 201 Q as follows: $1.30 per gallon for deliveries under 500 galforas $1.25 per gallon far deliveries over 50(1 gallons. It has been a pleasure to serve you the past five years and we laofc forward tts providing the City of l3efray, excellent service. Mitchel! Brandt Poolsure `.~~2C~Q~~~18-25 15:25 McEissa & Daniel 1'ra -'" :: A~rgust 25~ ~~9 .. Mr. S W. ~vtoimon ~~ .~ .~~ify ~ t~etr~y ~ 434 ~, Swtnt~ Av~c~e t~l~y Beach, tarid~. 3444 ter .~ So~r~onw ~ ue~ ~ 772-878-388 ~~ 5612437~IJ 1 Yot~ ~ u,d .tium Hyp~r~httx~ a uv~ vr~ ~~m~ ue tpr®duct ~ '+c~ ~+quid ~t~ ar s~mtrarr: ~tor ~ ~-' ~~t Irri #An.1Nat~ Pt1~~ t~~h* . $1:~p per ~ '' tk~ts aU~n Sodium Hypcr~fvriba . ta~uYd Bach ~ .. ~~ X1.25 t ~ tl~r~ H't`H Calaum M tore it3#J fbs. I: ~D rui '~ Ha ~ttvery Fee ~~Quvte Is ~attd and witt be honored from; '~ - . ~, :~ Sco'k~t, ~ hawe quoted you goad pricey and yr~u will native they are tower than I had ~ :.~: ~: ~~ `~~.`:. ~~ qur~teti before. ~ gape we +can earn your busi~te~s and Iaa~ forward towa~ct workir-~ wit% , :~ `.~, :~: yat~ i~ the fuiture. `ftte t~ramaunt Che~n~t waruse witl t~ ~ rap-y of 4~ts q and you ~n ~u~ ~ detv~y-,.:~. ~ ,.' -` `. date by caltts~ (Sfi3)-67~-~. If l~yi~ other than-rash ar edit card, yr~ wilt flr3d T have.~tsa. ~: , :~;: ,. . i~tciude~f a cxsdit appttr~l - s~s8 G~I~~TLRY RVAD ~~~ ~~~.5, F~. 33S~Q~ (~~3~-~~iE~489St +C~U»UI~ c~~~~-~a~-~QV~ ~~e MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Amy Robinson, Sr. Buyer THROUGH: David T. Harden DATE: October 12, 2009 SUBJECT: AGENDA ITEM 8.L.7 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/PVS TECHNOLOGIES, INC. ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase in the amount of $260,000.00 for the purchase and delivery of liquid ferric chloride "as needed" from PVS Technologies, Inc. The blanket will cover a period of November 2009 through September 30, 2010. BACKGROUND Ferric Chloride is needed to reduce organic properties in treated water. The treatment with the ferric chloride solution enhances the reduction of resistant organism in water. PVS Technologies, Inc. has submitted a quotation dated October O5, 2009 for the unit price of $1.148 per pound of iron which is a lower cost than the current $1.199 per pound of iron that the City is currently paying. This unit price is valid for the period of November O1, 2009 through September 30, 2010. There are two (2) other vendors who can supply this product, one product is not as consistent and has more impurities and the other is produced and shipped from the Midwest with the transportation cost being a large factor in the actual cost of the delivered product. In 2005/2006 testing of several liquid ferric chloride solutions was completed by the Water Treatment Plant and the ferric chloride from PVS Technologies tested with fewer impurities in the solution than the other two tested suppliers' mixtures. FUNDING SOURCE 441-5122-536-52.21 WATER AND SEWER SERVICES/CHEMICALS RECOMMENDATION Recommend the purchase and delivery of Liquid Ferric Chloride from PVS Technologies to be ordered "as needed" at $1.148 per pound of iron as quoted October O5, 2009 for an estimated usage of $260,000.00. Nadal, Pats From: Bullard, Joan Sent: Friday, October 09, 2009 9:56 AM To: Nadal, Patsy Cc: Montgomery, Gloria; Haska, Richard; Majtenyi, Victor Subject: Ferric Chloride B.P.O. Attachments; Renewal of Ferric Chloride Agreement Patsy, ! am recommending we extend our contract with PVS Technologies far ferric chloride for Fiscal Year `09/'10. They have reduced their price and have provided us with a goad quality of product and excellent service throughout the years we have been with them. We will need a B.P.O. far $260,000 to be funded out of WTP account #441-5122-536-51-21. Thanks again, John t r/,~ ~ i~~s e. ii/ifi/~w7 Ms. Amy Robinson City of Delray Beach Purchasing 100 N.W. 1 sc Ave. Delray Beach, FL 33444 Via Email Dear Ms. Robinson, 10lD5/2D09 I a pleased to offer the following pricing an PVS Technologies Liquid Ferric Chloride. I spoke to John Bullard last week and explained to him that we can now supply ferric chloride to Delray Beach at a lower cast than the current $1.199/pound of Iron .PVS Technologies would like to extend lower pricing to Delray Beach in the farm of a renewed pricing agreement to replace the existing expired agreement. Please see the details below, we will keep the existing pricing in place until we have reached an consensus on the new pricing agreement. Product: Ferric Chloride 37°/©- 42% Price: New agreement date through 9/3 0120 1 0 $1.148 per pound of Iran F.O.B: Delivered- City of Delray Beach Water Treatment Plant Package: Bulk Tank Truck- 45,000 pound minimum Teams: Net 30 Days Candid©ns: Demurrage- 2 hrs. Free, $50.OO/hr. thereafter Weekend/Holiday delivery $100!$150 Contract Period: As specified above. Sincerely, ~~- Jose M. Gonzalez Director of Technical Service PVS Technologies Office and Fax- 607-859-2543 Mobile- 313-51.0-5238 Cc::Jahn Bullard, Delray Beach WTP MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Parks and Recreation Director THROUGH: David T. Harden, City Manager DATE: October 14, 2009 SUBJECT: AGENDA ITEM 8.L.8 -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PURCHASE AWARD/COMMERCIAL ENERGY SPECIALISTS ITEM BEFORE COMMISSION Purchase Award to Commercial Energy Specialist in the amount of $16,100.00 for briquettes (chlorine) for Pompey Park Pool and Delray Swim Club BACKGROUND Commercial Energy Specialist (CES) is sole source for chlorine briquettes for the Pulsar Chlorinating Systems located at Pompey Park Pool and Delray Swim Club. These chorline briquettes are the only ones that can be used with our pool equipment. The estimated annual cost ($16,100.00) for the purchase of the chlorine briquettes includes a fuel surcharge, hazmat fees, and delivery charge. FUNDING SOURCE Funding is available from 001-4135-572-52.21 (Operating Supplies Chemicals). RECOMMENDATION Parks and Recreation recommends City Commission approval. a ~ _ k r October 14, 2Q09 Delray Beach Parks & Recreation 7707 N.W. 2"d Street Delray Beach, FL 33444 Aftn: Patsy Nadal Arch Commercial Division 12 River Valley Ct. Maumelle, Ar 72113 501-517-7fifi5 Fax 501-803-4049 Re: PlsarC~ Chlorinating Systems and related briquettes Dear Patsy: Please be advised that CES is Arch Chemicals, lnc. sole source for Pulsarfl Chlorinating Systems and related Pulsar chlorinating briquettes far the state of Florida. If you have any further questions regarding this matter please fee[ free to give me a call. Sincerely, Terry T. Grisham Sr. Sales Representative 501-5177665 smith, ®ouglas From: Simmons, Tim Sent: Friday, October 16, 2009 1:04 PM 70: Smith, Douglas Subject: Chlorine tablets I spoke with Nina Salomon Aquatic Operation Supervisor at Pompey Park Pool and she confirmed with me that these chlorine briquettes are the only briquettes that can be used with the injection equipment at the pool. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Ricahrd C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 REQUEST FOR IN-LIEU PARKING SPACE/ATLANTIC ANTIQUE MALL ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Atlantic Antique Mall for the purchase of in-lieu of parking spaces to accommodate a conversion of use from retail to restaurant to establish a Subway Restaurant. BACKGROUND The Atlantic Antique Mall, located at 506 East Atlantic Avenue, is proposing to establish a Subway Restaurant utilizing 1,000 square feet of floor area on the northern portion of the building. Land Development Regulations (LDR) Section 4.4.13(G) requires the provision of the difference of 1 space per 300 sq ft required for retail versus 6 spaces per 1,000 sq ft. required for restaurants (1,000/300=3.33; 1,000/1,000x6=6; 6-3.33=2.67 rounds up to 3). LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off- street parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Due to site constraints it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600 per space, totaling $46,800 to be paid via an In-Lieu of Parking Fee Agreement. Furthermore, the Comprehensive Plan's Future Land Use Element Policy C-4.1 encourages rehabilitation and revitalization of the Central Business District by addressing several issues, including but not limited to, incentives for mixed use development, allowing outdoor cafes and accommodating parking needs through innovative actions. Therefore, the proposed site plan furthers the policies goals and objectives of the Comprehensive Plan. Although the Cluster Study of 2004 identifies that a desirable mix of retail and restaurant uses in the downtown core area is preferred, Staff feels the proposed conversion of use will help sustain retailers in the remainder of the mall. Additionally, the availability of reasonably priced meals, predominantly lunch, will serve employees of the surrounding area walking to lunch. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of September 29, 2009, recommended approval of the applicant's request 9 - 1 (Brewer dissenting). The Community Redevelopment Agency and Downtown Development Authority, at their respective meetings, unanimously recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from Atlantic Antique Mall for the purchase of three (3) in-lieu parking spaces, at a cost of $46,800 to be paid via an In-Lieu of Parking Fee Agreement, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ATLANTIC ANTIQUE MALL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request for the purchase of 3 parking spaces in- lieu has come before the City Commission on October 20, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Atlantic Antique Mall. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 3 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Total fee of $46,800 subject to In-Lieu of Parking Agreement attached as Exhibit "A" which was also approved as part of this Order. Yes _ No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of October, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the day of , 2009, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and GARY GOLDFARB ("Owner") WHEREAS, Owner is the owner of certain real property located at 506 East Atlantic Avenue (the "Property"); and WHEREAS, Owner has applied to the City for approval for the conversion of retail space to a restaurant; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing three of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in-lieu parking fee shall be allowed to be paid in installments; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in-lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing two of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of $46,800.00. The total fee shall be paid as follows: (a) One payment in the amount of Twenty Three Thousand and Four Hundred dollars ($23,400.00) by check delivered to the City upon execution of this Agreement by the City. (b) One payment, in the amount of Eleven Thousand and Seven Hundred dollars ($11,700.00), is due on the second anniversary of the date of this Agreement. (c) One payment, in the amount of Eleven Thousand and Seven Hundred dollars ($11,700.00) is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 506 East Atlantic Avenue, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to 2 accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 3 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH OWNER By: Print Name: The foregoing instrument was acknowledged before me this day of , 2009 by (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 as identification. Signature of Notary Public -State of Florida 4 EXHIBIT "A" LEGAL DESCRIPTION: LOT 1, ANTIQUE EXPERIENCE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 100, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Q O U O J N Q U Q MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 15, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 INTERLOCAL AGREEMENT/PALM BEACH COUNTY ITEM BEFORE COMMISSION The item before the City Commission is an Interlocal Agreement between the City and Palm Beach County regarding a grant of $1,000,000.00 for infrastructure in the City's right-of-way in the SW 12th Avenue and SW 10th Street area. BACKGROUND The Agreement provides that improvements (construction of storm drainage, sidewalks, roadways, street lighting and sodding) shall be made by the City in and around the Carver Estates boundaries and shall be reimbursed by the County up to $1,000,000.00 (the County has entered into a contract with Florida Department of Community Affairs in connection with the State's 2005 DRI program) The improvements shall be completed no later than March 31, 2010 or no reimbursement by the County will occur (unless there is a contract extension). The County has already filed for an extension. RECOMMENDATION The City Attorney's Office recommends City Commission approval. AGREEMENT BETWEEN PALM BEACH COUNTY AN D CITY OF DELRAY BEACH THtS AGREEMENT, en#ered into this day of , 20~, by and be#ween Palm Beach County, a political subdivision of the State of Florida, and the City of Delray Beach, a municipali#y duly organized and existing by virtue ofthe laws oftha State of Florida, having its principal office at? oa IVw 1'' Avenue. Delray Beaeh. FL 33444 WHEREAS, Palm Beach County has entered into a Contract (number 08D&D3-10-60-01-A07) with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program - Supplemental Appropriation which the Sta#e is implementing forthe use of grant funds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHERlr,45, the Citv .of Delray Beaeh was allocated certain funds under said Contract fo implement specified activities underthe2005 Disas#erRecovery Ini#iativeProgram-Supplemental Appropriation; and WHERE,4S, Palm Beach County desires to engage the City of Delray Beach to implementthe activities associated with the funds allocated #o It. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PARTI DEFIIVITIONS~PURP_OSE AND_APFLICABLE CONDITIONS DEF1NiTION5 (1) "County" means Palm Beaeh County. (2) "CaBG" means the Community Development Block Grant Program of the United States Departmen# of Housing and Urban Development. (3) "HCD" means Paim Beach County Housing and Community Development. (4) "Municipality" means the City of Delray Beaeh. (5) "State" means the State of Florida, Department of Community Affairs:. (6} "Contract" means contract number 013DB-D3-10-60-01-A0T between Paim Beach County and the State of Florida, Department of Community Affairs. (7) "HCD Approrral" means the written approval of the HCD Director or his designee. (8) "U.S. HUD" means the Secretary of Wo.using and Urban Development or a person authorized to act on its behalf. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part I I of this Agreement. Page 1 of 18 CITY DF DELRAY BEACH APPLICABLE CONDITIONS The Municipa]ity shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the. condftians applicable- to the activities undertaken in connection with this Agreement shall inGude but not be limited to those listed below (as they may be amended from time tv time). Palm Beach County's failure tv list verbatim or make reference to a regulation, statute, and finance, reference, or any other docu meet affecting the Municipal i#y, shall not rel ieve the Municipality ofoompliance with any applicable regulation, statute, ordinance, oranyother document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regula#ion, statute, ordinance, or any other document, and to require the Municipality to comply with the same. 1. Community Development Block Grant, Final Rule, 24 C.F.R., Part 570; 2.Flarida Small and Minority Business Act, s 288.702-288.714, F.S.; 3.Florida Coastal Zone Protec#ion Act, s 161.52-161.58, F.S:; 4. Loral Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; S.Title I of the Housing and Community Development Act of 1974, as amended; 6. Treasury Circular 1075 regarding drawdown of CDBG funds; 7.Sections 290.0481-290.049, F.B.; 8, Ruls Chapter 98-43, Fla Admin. Code.; 9. Departmentof Community Affairs Technical Memorandums; 10..HUD Circular Memorandums applicable to the Small Cities CDBG Program; 11. Single Audit Ad of 1984; i2.Naticnal Environmental Policy Act of #969 and other provisions of law which further the purpose of this Act; #3.National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties {24 C.F.R., part BOO}; 14.Preservation of Archaeological and Historical Data Ad of 1966; 15.Exacutive Order 1#593 -Protection and Enhancement of Cultural Environment; 16.Reserroir Salvags Act; 17.Safe Drinking Water Ad of 1974, as amended; 18.Endangered Species i4ct of 1958, as amended; 19. Executive Order 12898 -Environmental Justice 20. Executive Order 11988 and 2a C.F.R. Part 55- Floodplain Management; 21.The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s 1251 at. seq. ); 22. Executive Order 11990 - Protection of Wetlands; 23.Coastal Zone Management Act of 1968, as amended; 24.Wi[d and Scenic Rivers Ac# of 1968, as amended; 25. Clean Air Act of 1977; 26.HUD Environmental Standards {24 C.F.R. Part 58); 27.Farmland Pro#ection Policy Act of 1981; 28.CIean Water Act of 1977; 29.E3avis -Bacon Act; 30.Conlract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 31.The Wildlife Coordination Act of 1958, as amended;. 32.The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; 33.Noise Abatement and Control: Departmental Policy Implementation, Responsibilities and Standards, 24 C.F.R. Part 51, Subpart B; 34,FIood Disaster Protection Act of 1973, P.L. 92-234; 35.Protsction of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 36.Coastal Zone Management Ad of 1972, P.L. 92-583; 37.ArchRectural and Construction Standards; 38,Architectural Barriers Act of 1968, 42 U;S.C. 4151; 39.Execufive Order 11296, relating to the evaluation of flood hazards; 40. Executive Order 1 #288, relating to prevention, control and abatement of water pollution; 41.Cost=Effective- Energy Conservation Standards, 24 C.F.R:, Part 39; 42.Section 8 Existing Housing Qualify Standards, 24 C.F.R., Part 882; 43.Coastal Barrier Resource Ad of 1982; 44. Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; 45.Title VI of the Civil Rights Act of 1964 - Non- discrimination; 46. Title VI I of the Civil Rights Ad of 1968 - Non- discrimination in housing; 47.Age DiscriminaEion Act of 1975; 48.Executive Order 12892- Fair Housing; 49.5edion 1119 of the Housing and Community Development Act of 1974, Non-discrimination; 50.Sedian 504 of the RehabllitaSon Act of 1973 and 24 C.F.R., PaR 8; 51. Executive Order 11063 -Equal Opportunity in Housing; 52.Executive Order # 1246 -Non-discrimination; 53.Section 3 of the Housing and Urban Development Act of #968, as amended - Employment braining of Lower Income Residents and Local Business Contracting; 54.Uniform Relocation Assistance and Real Property Acquisition PoliciesActof 1:970, P.L. 100-17, and 49 C.F.R. Part 24; 55.Copeland Anti=tCickback Act of 1924; 56.Hatch Act; 57.Tttle IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C. s. 1251 et. seq.); 58.OMB Circulars A-87, A-122 and A 133, as revised; 59.Administradve Requirements far Grants, 24 C.F.R. Pan 85; 60.Sadion 102 of the i7epartment of Housing and Urban Development Reform Act of 1989 and 2a C.F.R. Part 12; 61.Emergency Rule 9BER05-2, CDBG Disaster Recovery Funds; 62.HUD program requirements for disaster recovery projects as. published ih Federal Register, Vol. S9, No. 237 (December 10, 2004) jDocket No. FR-4959 - N-01]. Page 2 of 113 PART II SCOPE OF SERVICES CITY OF DELRAY BEACH The Municipality shall, in.a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct.the program oufl~ned in Exhibit "A" as attached hereto and made a part hereof. PART tll COMPENSATION. TIME OF PERFORMANCE. METHOD. AND CONDITIONS OF PAYMENT M I M OMP NS TION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ardesignee-approved expenditures and encumbrances made by the Municipality underthis Agreemen#, which shall not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $1.000.000 (as more specifically detailed in Exhibit A hereto) for the period of ,..2009, #hrough and including March 31.2010. Any funds not obligated by the expiration date of this Agreement shall automatically rever# to the County. 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are Contingent upon the timely release of funds for this project under State Corrtract number Q8DB-D3-10-60-01-A07, and any amendments thereto.. If funds cease to be available under said Contract, the County shall be relieved fmm providing funds under this Agreement. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Municipality prior to March 31.2010. 3. METHOD DF PAYMENT The Countyagrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payrrierrts triode by the Municipality before the effective date of this Agreement, nor shall it request reirrmbursementfotpayments made afterthe expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality aranysubcontractorshereunder. The Municipality shall request payments or reimbursements from the County by submitting to HCD proper documentation of expenditures consisting of originals of invoices, receipts, orather evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed accep#able by HCD. Each req uest for payment or reimbursement submitted by the Municipality shall be accompanied by a fetter from the Municipality, provided an the Municipality's letterhead, referencing the name of the project funded herein, the date of this Agreement andlor its document number, and containing a statement requesting the payment or reimbursementand its amount, as well as the name and signature of the person making the request. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid proper dovumentation of expenditures as approved by HCD. The Municipality may at any time after the expiration of this agreement request from the County reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipali#y through this agreement are still available for payment, and provided that HCD approves such payment. a. CDNDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PRDC>=DUKES The Municipality shall implement this Agreement in accordance with applicable Federal, Sta#e, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded 6y more Phan one funding source wil! be made until a cost allocation plan has been approved by'the HCD Director or designee. .Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days of receiving notifcation from the funding source and submit a cost allocation plan for approve! by the HCD Director or designee within forty-flue (45}days of said official notification. Page 3 of 1 S CITY OF DELRAY BEACH (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis andloran audit of the Municipality, orof any of its su bcontractors, by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the pro}ect is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Anyworkorseivices 5ubwntracted hereundershaJl be specifiglly bywritten contract, written agreement, or purchase order. All subcontracts shall be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This indudes ensuring #hatall consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates induding benefits, number of drawings required, and all items that. justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, induding, but nvt limited #o, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including. capital equipment, shall be made by purchase order or by a written con#ract and in ~nformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- mentCirculars A-87, A-102,A--128, and 24CFR Part 85 (also known as the Gammon Rule}, which are incorporated herein by reference. (5) REPORTS. AUDITS. AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and vn the resolution of monitoring or audit findings identified pursuant to this Agreement, (S} ADDITIONAL HCD. COUNTY. AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, a# any time, by HCD, the County, the State, or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities among others require the prior written approval of the HCD Director or designee to be eligible fo- reimbursement or payment: (a} All subcontracts and agreements pursuant to this Agreement; (b). All change orders; (c} All requests to utilize uncommitted funds after the expiration of this Agreement for programs described in Fachibit A. {$} PROGRAM-GENERATED INCOME Ali income earned by the Municipality from activities financed in whole or in part by Funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, Sala of commodities, and rental or usage fees. Such income shall only be used to undertake the activities authorized by this Agreement. Accounting .and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. Page 4 of 18 CITY OF DELRAY BEACH PART IV GENERALCOND 1. Q~PQRTI~NITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion,'age, financial status, familial status, maritaE status, sexual orientation, gender, or gender identity or expression, be excluded from the benefits of, or be subjected #o discrimination under any activity carried out by the performance of this Agreement, Upcn receipt of evidence of such discrimination, the County shall have the right to tenl,inate this Agreement. Ta the greatest extent feasible, lower-income residents of the project areas shall be given apportu nines for tra ini rig and employment; and to the greatest feasible extent el iglble business concerns located in or owned in substantial part by persons residing in the project areas shalt be awarded contracts in connection with the project. The Municipality shall Comply with the Section 3 Clause of the Housing and Community Development Act of 1988. 2, OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services #o implement this Agreement, the Municipality shall make a positive effort to utilize small business and minoritylwomen-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant #o this Agreement. Tothe maximum extent feasiblethese small business and minoritylwomen- owned business enterprises shall be located in or owned by residents cf the CDBG areas designated by the County in its CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent {51 °~) ofthe beneficiaries of a project funded through this Agreement must below- and moderate-income persons. The project funded under this Agreement shall assist beneficiaries as defined above for the tune period designated in this Agreement. The Municipality shall provide written verifica#ion of compliance to HCD upon HCD's request. 4. EVALU(~TIQN A,~l~ MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as detam~ined necessary by HCD or the County and That payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this /{greement on farms approved by HCD to enable HCD to evaluate progress. The Municipality shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled or unscheduled as de#ermined by HCD, the 5~te, or HUD. 5. AUDITS AND INSPECTIONS At any time during norms! business hours and as often as HCD, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, (here shall be made available by the Municipalityto HCD, the County, U.S. HUD, orthe ComptrollerGeneral forexamination all its records with respect to all matters covered by this: Agreement. If during the year, the Municipality. expends over $500,000 of Federal awards, the Municipality shall .comply wi#h the provisions of OMB CircularA-133. The Municipality shall submit a single audit, including any management letter, made in aaasrdanCe with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within the earlier of, 30 days after receipt of the auditor's report{s), or nine {9) months after the end of the audik period in which HCD-administered funds are expended. Said audit shelf be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. !n the went the Municipality anticipates a delay in producing such :audit, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be home by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements andlvr the County reserves the righf to conduct a "limited scope audit" of the Municipality.as defined by A-133. The County will be responsible far providing technical assistance to the Municipality, as deemed necessary by the Couniy. Page 5 of 18 CITY OF DELRAY BEACW UNIFORM ADMINISTRATIVE REQUIREMENTS The Municipality agrees to comply with the applicable uniform administrative requirements as described in Federal Community Development Block Grant Regulations 24 CFR 570.502. REVERSION OF ASSETS Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Municipality's control upon expiration of this Agreement which was acquired or improved in whole or part with CDBG in the excess of $25,000 muss either be used to meet one of the national objectives in Federal Community Development Block Grant Regulations 24 CFR 570.508 for a period of five years after expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement), or, the Municipality shalt pay the County an amoun# equal to the current market value of the property less any portion of the value attributable to.expenditures of non-CDBG funds forthe acquisition of, or improvement to, the property. DATA BECOMES COUNTY PROPERTY All reports, .plans, surveys, infom~ation, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality fcr the purpose of this Agreement she II be made ova liable to the Cou my by the Municipality at any time u pan request by the County or HCD. Upgn completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreemen# shall be surrendered tv HCD if requested. In any event the Municipality shall keep all documents and records far six (6) years after expiration of this Agreement. INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence and, to the extentpermitted bylaw, the County she][ Indemnify, defend, and hold harmless the Municipality against any actions, claims, or damages arising cut of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnification shalt not constitute a waiver of sovereign immunity beycnd the limits set forth in Florida Statute, section 768.28, nor shall the same be constnted to constitute agreement by either party W indemnify the other party for such other party's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the County forfunds which the County is obligated to refund the State or the Federal Government arising out of the conduct afactivitiesandadministrationoftheMunicipality. Theprovislcnsofthisindemnificationclause shall survive the termination of this Agreement. 10. INSU~4NCE Without waiving the right to sovereign immunity as provided lay Florida Statute, Chapter 76$.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage Eimits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees #o maintain said insurance policies at limits not Tess than $100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse P Im Be o Co n Commi ion as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this project or Agreement. This paragraph does not apply to tiabiiity policies which afford only indemnity lbased claims-bill coverage. The Municipality agrees to maintain, or self-insure, Workers Compensation & Employers Liability insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 100 Australian Avenue, Suite 540, West Palm Beach, Florida 33406. The Municipality agrees Its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by Ccunty. The Municipality agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. Page 6 of 18 CITY OF bELRAY BEACH 11. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or repiace existing or planned projects nr activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, For projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 12. ONFLICT OF INTERE T The Municipality covenants That no person why presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the .performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Municlpality. Any possible conflict of interest an the part of the Municipality or its employees shall be disclosed in writing tv HGD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 13. Cl_TI~EN PARTICIPATION The Municipality shad cooperate. with NCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is. undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 14. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as tv #unding source. The Municipality will inGude a reference to the financial support herein provided by HCD inall publications and publicity. In addition, the Municipality will make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 15. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof and shall constitute. and be refened to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: {1) This Agreement, inGuding its Exhibits; (2} Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; {3} Title VI of the Civil Righ#s Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990; (4} l=xecutive Orders 1 1245, i 1478,11625,12432, the Davis Bacon Act, and Section 3 of the Mousing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Proper#y Aoqulsition Policies Act of 1970, as amended; {5} Executive Orders 11063,12259,12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; {6) Florida Statutes, Chapter 112; ('7) Palm Beach County Purchasing Code; {8) Federal Community Development Block Grant Regulations (24 CFR Part 570}, as amended; {9} The Municipality's personnel policies and jab descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract number 08Q8-D3-10-60=01-A07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on file at HCD. The Municipality shaA keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 16. TER,1~jNATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shalt not be ref ieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by fhe Municipality, and the County may withhold any payment to the Municipality forset-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. Page 7 of 18 CITY OF DELRAY BEACH (1) TERMlNATlON FOR CAUSE If through any cause either party shaft fail to fulfill in a timely and proper manner ifs obligations under this Agreement, or if either party shalt violate any of the covenants, agreements, ar stipulations ofthis-Agreement, either party shall thereupon have'the right fo terminate this Agreement in whole pr part by giving a fifteen {15) working day written notice of such termination to the other party and specifying. therein the effective date of termination. {2) TERMINATION DUE 70 CESSATION In the event the grantto the Countyunder the Contract is suspended orterminated,this Agreement shall be suspended or terminated effective on the date the Sate specifies. 17. SEVERA81LlT_Y_QF PROVISIONS if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms. and requirements of applicable law. 18. AI~A~IVDMENTS The County may, at its discretion, amend this Agreementta conform with changes required by Federal, State, County, orU.S. HUD guidelines, directives, and objectives. Such ariiendments shall be incorporated by written amendment as a part of this Agreement and shaA be sub}ect to approval of the Paim Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 19. NOTICES All notices required to be given underthis Agreementshall be sufficient when delivered to WCD at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreemen#, 20. DEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its.employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 21. NO FORFEITt,1RE The rights of the Courrty under this Agreement shall be cumulative and failure an the part of the County to exercise promptly any rights given hereundershall natoperate to forfeit or waive any of the said rights. 22. PUBLIC ENTRY CRIMES As provided in F.S. 287.133 by entering into this Agreement nr performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed an the convicted vendor list maintained by the State of FEorida Department of Managernent Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 267.133 (3){a}, 23. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of gighteen f181 enumerated pages which include the exhibits referenced herein, shall be executed In three (3) counterparts, each of which shall be deemed to bean original, and such counterparts will constitute ono and the same instrument. A copy of this Agreement. shalt be filed with the Clerk of the Circuit Court in and far Palm Beach County. Page 8 of 18 CITY OF DELRAY BEACH 24. ENTIRE UNDERSTANDING This Agreement and its provisions- merge-any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, oovenarits, orundertakings otherthan those expressly set forth herein. WITNESS our Hands and Seals on this day of , 20.,, (MUNICIPALITI' SEAL BELOW) CITY OF DELRAY BEACH BY: BY: BY: Nelson S. McDuffie, Mayor Chevelle D. Nubin, CMC, Gity Clerk Attorney for Municipality (Signature Optional) PALM BEACH COUNTY, FLORIDA, a Political Suhdivision of the Skate of Florida FOR I't5 BOARD OF COUNTY COMMISSIONERS Hy: Robert Weisman, County Administrator Approved as to 1=orm and Approved as to Terms and Conditions Legal Sufficiency Dept. of Housing and Community Development By: sy: Tammy K. Fields Amin Houry, Manager SeniorAssistantCouoty Attorney Housing and Capital improvements 5:lfaplmprv120E15oisasta-Recaverylnitiadva_SuppL4ppropl~elrayBeach Sh~elErnprovamentsL4gmtMuni.wpd Page 9 of 98 CITY OF DELRAY BEACH 1~X1~IIBIT A WORIf PRDGRAM NARRATNE I. THE MUNICIPALITY AGREES TO: A. PROFESSIONAL SERVICES: The Municipality shall at its own expense retain the services of an engineering consultant (a Florida professional engineer) forthis projectto provide design services to create plans and specifications for the infrastructure improvements described herein in the City of Delray Beach. The consultant shall also prepare, obtain and review bids, prepare contract documents, inspect wank in progress, recommend payment to contractors, and provide other professional services customarily provided by similar professionals on this type of project. The cansultantshall also coordinate the design and oonstruction work with the asbestosabatementwntractor,shoo]dsuchabatementbecomenecessary. The Municipality's engineering consultant forthis project shall also provide the below described certification upon completion of the project. AI! costs associated with the above services shall be paid far by the Municipality, Alternatively, the Municipality shall have the option of performing any porkion afthe consul#ant's services described above by its own staff provided such staff possesses the necessary competency to do so. All costs associated with the above services shall be paid for by the Municipality. B. PROJECT SCOPE :The scope of fhis project subject to funding availability shall include the following street improvements in the City of Delray Beach: Infrastructure improvements including storm drainage, sidewalks, roadway constcuction, street lighting, and sodding at the following locations: • SW 12~' Avenue, from S1N 10'^ Street to 5W t3'^ Street • SW 13'" Avenue, from SW 10~' S#reet #o SW 8'" Street • Aubum Avenue from SW 8"' Street to 5W 7'" Street, and • SW 8"` Street from SW 1~4"` Avenue to 5W 12'^ Avenue NOTE 1: The Municipality shag submit its bid packagsldrawingslspecificatlans, and an i#emiz8d opinion of probable construction oust prepared by its consultant, to HCD and obtain a letter of approval prior to bidding the eonstrudion work. The Municipality recognizes-that HCD must obtain the approval of the State before it is able to provide such letter, and the Municipality hereby covenants that it shall plan its bid process to allow for the necessary time to fully accomplish this approval process. NOTE 2: The Municipality shall include in its bid and contract documents the following prohibition affecting the prime contractor and all subcontractors far this project: "Neither the prime contractor oar any subcontractor shall be allowed to perform one hundred percent (100°~} of theirwork on this project on nights, weekends, or Counfy recognized holidays. The prime contractor and all subcontractors shall, at a minimum, perform work an this project for the duration of one regular working day". The Municipality may request HCD far a waiver to the above requirement should the nature of the project so necessitate, and in such instance, HCD may, at its discretion, grant the Municipality such waiver. NOTE 3: Construction work that has been approved for bidding by HCD shall be advertised for bid fora period of oat less than twelve (12) days. NQTE 4: The Municipality shall prioritiie the work in the project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget provided that the extent of work awarded-will result in a fuhctioning facility in the opinion of HCD. NOTE 5: The Municipality shall not award the construction contract fvr the project until sufficient funding is available to complete theestablished scope of wor[c. All construction work shall be included in one contract. The Municipalityshall obtain HCD approval priorto awarding the construction wntract to be funded through this Agreement. The Municipality recognizes that HCD must obtain the approval o#the State before HCD is able to approve the award ofthe oonstruction contract, and the IUlunicipality hereby covenants that it shelf plan its contract award process to allow for the necessary time to fully aocomplish this approval process. After awarding such contract, the Municipality shall obtain HCD approval prior to executing any change orders to such contract. Furthermore, after awarding the construction oontract, the Municipality shall provide HGC with a copy of the executed contract, and within thirty (30) days from the execution of the c:onstructinn contract, the Municipality shall provide HGD with a copy of the contractor's schedule far the oomple#ian of the ranstruction work under the contract. Page 10 of 18 CITY OF DELRAY BEACH NOTE 6: Should the construction contract amount far this project exceed the amount to be funded by the County fvr construction costs through this Agreement, then the Municipality shalE fund all amounts in excess of the amount io be funded by the Gounty. The Municipality shall not request the County for reimbursement of any of the County's funds for construction casts until after it has expended all amounts in excess of the amoun# to be funded by the County. NOTE 7: The Municipality shall not request reimbursement from HCD for materials or equipment received and stored on the project site or elsewhere. The Municipality shall only request reimbursement for materials and equipment that have been installed. NOTE 8: Upon completion of the project, the Municipality shall cause its engineering consultant. to provide HCD a written certification. Such certification shall indicate that the project has met the specifications of the design, as may have been amended by change order, and the date of completion of construction. The Municipality may provide the above. certi#cation in lieu of its engineering consultant, as long as the City's licensed project engineer does so. The Municipality further agrees that HCD, in consultation with any parties it deems necessary, shall be the final arbiter an. ire Municlpaiiiy's compliance with the above. C. AS~~STOS REQUIREMENTS: The Municipalityshall oomplywithall applicable requirements contained in Exhibit D, attached hereto, for construction work in connection with the project funded through this Agreement. D. DAVIS-BACON ACT: The Municipality shall request the County to obtain a Davis-Bacon wage decision for the. project prior to advertising the construction work. The Municipality shaft incorporate a copy of the Davis-Bacon wage decision and disGose the requirements of the Davis-Bacon Act in its construction bid solicitation and contract. E. BONDING REQUIREMENTS: Ths Municipality.shallccmply with the requirements of 24CFR Part 85 in regard to bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTIONi?AYM,~NTRETAINAGE:TheMunicipalityshallapplyaretainageoFatleast 5°k on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the project. The Municipality agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: The Municipalityshall maintain all previouslycompleted CDBGfunded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay funding For ongoing activities. H. WORK SCHEDULE: The time frame forcompletion of the outlined activities shall be March 31, 2010. !. REPORTS: The Municipality shall submit to HCD reports as described below: (a} MONTHLY REPORT: The Municipality shall submitta HCD detailed monthly progress reports in the form provided as Exhibit B io this Agreement. Each report must account for the total activity for which the. Municipality is funded under this Agreement. The progress reports shalt be used by HCD io assess the Municipality's progress in implementing the project. (b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual reports in the from provided as Exhibit C to this Agreement. During the term of this Agreement, the Municipality shall each 31" day of March submit such report for the prior six month period beginning on the preceding 1~' day of October, and ending on said 31~`day of March. in addition, during the term ofthis Agreement, the Municipality shall each 30~' day of September submit such report for the prior six month period beginning on the preceding 1 ~` day of ApriE, and ending on said 30'" day of September. (c) OTHER REPORTS: The Municipality agrees to submi# to HCD any other reports required by the State In connection with activities undertaken through this Agreement including, but not limited to, reports associated with Section 3. Page 11 of 18 CITY OF DELRAY BEACH USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the facilitylproperty whose acquisition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that for a. period of #en (70) years after the expi- ration date of this Agreement (as may be amended from time to Grne): (a) The Municipality may not change the use or planned use, or discontinue use, of the facilitylproperty (including the beneficiaries of such use) from that for which the acquisition or improvements are rnada, unless the Municipality provides affected citizens with reasonable notice of, and opportunity io comment on, any such proposed change and either. 1. The new use of the facilirylproperty qualifies as meeting one of the national objectives defned in the regulations governing the CDBG program, and is not a building for the general conduct of govemmant; or 2. The requirements of paragraph (b) of this section are met. (b) If the Municipality determines after consultation with affected citizens, that it is appropriate to change the use of the facilitylproperty to a use which does not qualify under paragraph (a} (1) of this section or discontinue the use of the facilitylproperty, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facilitylproperry less any portion thereof attribu#able to expenditures of non-CDBG funds for acgqisition of, or improvements #o the facilitylproperry. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. (c) Foi{owingthereimbursementofCDBGfundsbytheMunicipalitytotheCountypursuant tv paragraph (b) above, the facilitylproperry will then no longer be subjectto any CDBG requirements. The provisions of this clause shall survive the expiration of this Agreement. SECTION 3 REQUIREMENTS_ The Municipality agrees to comply with -ail Section 3 requirements applicable to contracts funded through this Agreement. lnforrnation on Section 3 is available at HGD upon request. The Municipality shall include the following, referred to as the Section 3 Clause., in every salicltatlon and every contract for every Section 3 covered project: Section 3 Clause (a} The work to be performed under this cantra.ci is subject #o the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 72 U. S.C.17t)1 u (Section 3). The purpose. of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 735 regulations. (c) The contractor agrees th send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any; a notice advising the labor organization or workers representative gfthe contractor's commitment underthis Section 3 clause, and will post copies of the notice in conspicuous places'at the work site where both employees and applicants fortraining. and .employment positions can see the notice. The notice shall describe the Section 3 preference, shalt set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s.) taking applications for each of the positions; and the anticipated date the work shall begin. Pegs 1.2 of 18 CITY OF DELRAY BEACH (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulatohs in 24 CFR Part 135, and agrees to talcs appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract wish any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The contractor will certify that any vacant employmen# positions, including kraining positions, that are filled {1) after the contractor is Selected but before the contract is executed, and (2) with persons other than-those to whom the regulations of 24 CFR Part 135 require employment opportunities io be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this.contract for default, and debarment or suspension from future HUD assisted contracts. II. THE COUNTY AGREES TO: A. Provide funding for the above specified lmpriovements as described above in "Project Scope", during the-term of this Agreement, in the amount of $1,DDD,DDO. However, the Caunry shall not provide any funding forthe construction work until the Municipality provides documentation showing that sufficien# funds are available to complete the project. B. Provide project administration and inspec#lon to the Municipality to ensure compliance with U.S. HUD and the- Department of Labor, and applicable State, Z"ederal and County laws and regulations. C. Monitor the Municipality a# any time during. the term of this Agreement. Visits may be announced or unannounced as determined by FtCD and will serve to ensure compliance with 5#ate and U.S. Qepartment of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD an program activities. D. The County shall perform an environmental review of the proJeci, and review and approve project design and bids submitted for the work. The County shall also perform Davis Baoan Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project. budget identified above. E. Allowable costs that may be paid by the County urader this Agreement in addition to those stated in i1.A above: (a} Costs of asbestos surveys, asbestos abatement, and abatement monitoring. (b) Costs of any other services customarily associated with projects of the nature of the project contempla#ed by this Agreement. The County shall review requests by the Municipality for expenditures an the above items prior to undertaking the services associated with them, and approve any such expenditures it deems appropriate for this project. Page 13 of 18 CITY OF DELRAY BEACH P M B H COUNTY IN MM NITY DEh/E MONTHLY NARRATNE REPORT Report For: Month: Year. Subreciplent Nama: CITY OF DELRAY BEACH Project Name: SW 12'" & 'E3`"Avenues, Aubum Avenue and 5W 8th Street Report Prepared sy: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ Amounts Expended to Date: iui~uunnruii»rr~iurrmui~i~ini~~ri~ BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ O#her Funds: $ $ °~ Other Funds: $ $ a/° TOTAL: $ $ % Describe any changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period {if your project is underfunded): PROJECT ACTNITIES bescribe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Send rep°R to: Amin Haury Daparhru3nl fa Fkousing and Cammunil~ Devalvpment 1D0 Austfaflan Avenue, Suite SDD, West P®Im 89aah, FL 834D6 S:1Capimprn2aa5oisas6arRecoveryln3tlaBve_SupplAppraAlDelrayeeach_Steetlmpr°vementslAgmtMfuni.wpd Page 14 of 18 ~ ~ m ~ 0 W LL 0 U a~ a 0 b D a d m 7 C a E Q ~J 7 C m Q M_ N (.} +~ Y C7 M ch Q C~ C +~ a z a ng G ~; o a W ~ ~~ t ~ ~ ~ku ii~~ ~p e ~~~ m ~c `~ ws p~~$gS ,gy M.~ B cm 52~ 'r: ~.~ n . . C ~ @@ Il Y Y [~ ~F.N ab l: r `c~~ a Sr ~ ~ _ e ma q ' Gj $ S U c . 4 ~ lp S ~ ~ '~ .g ~ a ~~ a ~C ~ ~E ~ ~~ .. $ y.~ z' ~. '~ r~~s ~ N ~ ~ ~. ` w H~z~ Y n u `~.-ANA 0 L ~u ~ E gZ W c~ a w a A ' ~ s s ~ ro-~ $ ~ ~~ m ~ ~q ~ ~ 9 ' ~ § !L F C. 8 ~.? $S SO PC ~.~ b p qeq ~ ~ ~ s ~ ~ ~ ~ ~ a ~. ~ ~~ ~ C ~ 8 ~~~~[gg 6 ~` FASg' 3 { ~ p c~ °~°yy~mJJ ma S 2 q ~I{{ "v~~9 S C .sC~ E c Cb d ~ ~ O O ~ a ~ O V ~..~~ ~..~ V V ~' M e N N N N N ea ,. ZfAU[n ZtJJUN ~Li7UN ~i/)Ufl~ ZVJUVJ L°.~a. :~~, Page EXHIBIT D CITY OF DELRAY BEACH ASBESTDS REQUIREMENTS SPECIAL CONDITIONS FOR DEMOLITION AND RENOVATION OF BUILDINGS The provisions of this part apply to all demolition and renovationwork contemplated in this Agreement and described in Exhibit A of this Agreement. DEFINITIONS ACBM: Asbestos Containing Building Materials AHERA: Asbestos Hazard Emergency Response Act EPA: Environmental Protection Agency FLAG: Florida Licensed Asbestos Consultant HCD: Palm Beach County Department of Housing and Community Development N>=SNAP: National Emission Standards for Hazardous Air Pollutants NRCA: National Roofing Contractors Association NVLAP: National Voluntary Laboratory Accreditation Program OSHA: Occupational Health and Safety Administration PBCAC: Palm Beach County Asbestos Coordinator {in Risk Management} TEM: transmission electron microscopy ASBEST05 SURVEYS All properties scheduled for renovation or demolition are required to have a comprehensive asbestos survey conducted by a Ftorlda Licensed Asbestos Consultant ,(FLAG). The survey shall be conducted in accordance with AHERA guidelines. Analysis muss be pen`ormed by a NVLAP accredited laboratory. For Renovation Projects (projects which will be reoccupied}: - Point counting must be done for all asbestos containing building materials (ACBM) indicating less than'! % asbestos {to determine if any asbestos is present). - Samples of vinyl f[oar the Indicating asbestos net detected must be confirmed by Transmission electron microscopy (TEM). - Joint compound shall be analyzed as a separate layer. - Roaftng material shall be sampled only if a renovation requires the roof to be disturbed (in lieu of sampling the roof, it may be presumed to wntain asbestos). For Demolition Projects: - Point counting must be dons for all "friable" asbestos containing building materials (ACBM), indicating less than ~°~ asbestos. This includes joint compounds (ta be analyzed as a separate layer), and vinyl asbestos tile. - Roof materials shall be presumed to be asbestos containing. if the Municipality has a recent asbestos survey report prepared by a licensed asbestos consultant, a copy may be provided to HCD and PBCAC for review to determine if the survey is adequate to proceed with renavationldemoiitian work. If no survey is available, a survey may be ini#iated by the Municipality or requested by HCD. A copy of the completed survey will be forwarded to the Municipality. All asbestos survey's shall be forwarded to the PBCAC. Ill. ASBESTOS ABATEMENT A. RENOVATION {a) Prior to a renovation, all asbestos containing materials that will be disturbed during the renovation, must be removed by a Florida Licensed Asbestos Contractor under the direction of a FLAG. Exceptions may be granted by HCD priorto the removal, (such as asbestos containing roofs, transite pipe). The Municipality mustobtain approval for all exceptions from HCD. HCD will request the PBCAC to review and approve all exceptions. (b} Asbestos Abatement work may be contracted by the Municipality or by HCD upon reques#. {c) If the Municipality contracts the asbestos abatement, the following documents are required to be provided to the HCD and the PBCAC. 1. An Asbestos Abatement Specification {Work Plan}, sealed by an FLAG. 2. Pre:and Post Job submittals, reviewed and signed by the FLAG. Page t 6 of t l3 CITY OF DELRAY BEACH (d) If the Municipality requests HCD to contract the asbestos abatement, HCD will initiate the request through .the PBCAC who will contract the asbestos abatement. HCD will provide a copy of all contractor and consultant documents to the Municipality. {e} Materials containing <1°~ asbestos are not regulated by EPAINESHAPS. However, OSHA compliance is mandatory: OSHA requirements including training, wet methods, prompt cleanup in leak tight containers, a#c. The renovation contractor must comply with tJS Dept of Labor, Standard interpretation (OSHAj, Compliance requirements for renovation work involving material containing <1 °,6 asbestos, 1112412003. The renovation contractor must submit a work plan to HCD and the PBCAC prior to removal of the materials. B. DEMOL!"l'ION ;4i1 "friable" ACBM mus#. be removed by a Florida Licensed Asbestos Contractor under the direction of a FLAC prior to demolition. Friable materials include: resilient asbestos file and mastic which is not intact, linoleum, asbestos containing joint compound, asbestos containing cement panels (e.g. transite), ate. Intact resilient file and asbestos roofmaterials may be demolished with adequa#e controls (e.g. wet method) by a demolition contractor provided the contractor is aware of the asbestos containing materials present and exercises adequate control techniques (wet methods, etc.). In all.cases, demolition work should be monitored by a FLAG to insure proper control measures and waste disposal. Any exceptions to these guidelines maybe requested through HCD prior to the removal, (such as asbestos containing roofs, transite pipe). Exceptions may tee granted by HCD prior to the removal, (i.e. asbestos containing roofs, transits pipe}. The Municipality must obtain approval for al! exceptions from HCD and the PBCAC. {a) Asbestos Abatement work may be contracted by the Municipality or by HCD upon request. (b) If the Municipality contracts the asbestos abatement, the following documents must be provided to the PBC/HCD and reviewed by the PBCAC. 1. An Asbestos Abatement Specification (Work plan), sealed by an FLAC. 2. Pre and Past Job submittals, reviewed and signed by the FLAC. (c) If the Municipality requests HCD to contract the asbestos abatement, HCD will initiate the request through the. PBCAC who will contract the asbestos abatement. HCD will provide a spy of al! contractor and consultant documents to the Municipality. (d) Recycling,saivageorcompactingofanyasbestoscontainingmaterialsorthesubstrate is strictly prohibited. (e) In all cases, compliance with OSHR `Requirements for demolition operations involving material containing <1°J° asbestos is mandatory. (f) Foralf demolitions involving asbestos containing floortile, asbestos containing rooting material and materials containing <i%, the Demolition Contractor shall submit the following documents to HCD. HCD will provide a copy of these documents to PBCAC. 1. Signed statement that the demolition contractor has read and understood the requirements for complying with EPA, OSHA and the State of Florida Licensing regulations For demolition of structures with asbestos materials. 2'. Submit a plan for the demolition of asbestos containing roofing and floortile. 5#ate if these materials are likely to remain intact. Include in the plan whatshalf occur if materials become "not intact'. 3. Submit a plan for compliance with OSHA requirements such as but not limited tn: competent person, establishing a regulated area, asbestos training ofi workers, respiretory protection, use of disposable suits, air monitoring, segregation of waste,. container¢ing asbestos waste, waste disposal. {g) If materialsarediseoveredthataresuspectasbestosmaterialsthatwersnotpceviausty sampled, stop all work #ha# will disturb these materials and immediately notify HCD. Page 17 of 18 Cl"IY Ot= bELRAY BEACH lV. NESHAPS NOTIFICATIpN A. RENOVATIQN A NESHAP farm must be received by the Palm Beach Coun#y Health Department at feast ten working days prior to an asbestos renovation that includes regulated asbestos containing material greater than 160 square feet or 260 linear feet or 35 cubic feet. For lesser quantities, the Municipality (or its contractor) shall provide a courtesy notification to the Palm Beach County Health Department aC least fen .working days prior to an asbestos renovation. The removal of vinyl asbestos floartile and linoleum shall be considered regulated. Asbestos roof removal requires a notification at least 3 working days prior to the removal. B. DEMOLITION A NESHAP form must be received by the Palm Beach County Health Department at least ten worsting days prior to the demolition. C. The NESHAP notification shall be sent return recelot recuested to the address shown below with a copy to HCD. HCD shall provide a Dopy to the PBCAC. Ail fees shall be paid by the Municipality. Palm Beach County Department of Health Asbestos Coordinator 901 Evemia Street Post Office Box 29 West Palm Beach, Florida 33401 V. APPLICABLE ASBESTOS REGULATIQN51CsU1D1=LINES The Municipality, througfi its demolition .or renovation oontractor, shall comply with the following asbestos regulationslguidelines. This list is not all inclusive: (a) Environmental Protection Agency (EPA) NESHAP, 40 CFR Pars fit Subpart M - National Emission standard for Asbestos, revised July 1991 (b) Occupational Health and Safely Administration (OSHA) Construction Industry Standard, 29 CFR 192fi.1101 (c) EPA: A Guide to Normal Demolition Practices Under the Asbestos NESHAP, September 1992 (d) Demolition practices under the Asbestos NESHAP, EPA Region IV (e) Asbestos NESHAP Adequately Wet Guidance (f) Florida State Licensing and Asbestos Laws 1. Title XVII I, Chapter 255, Public property and publiGy owned buildings. 2. Department of Business and Professional Regulations, Chapter 4fi9 Florida Statute, Licensors of Asbestos Consultants and Contractors (g) Resilient Floor Covering Institute, NRCI, Updated Recommended Work Practices and Asbestos Regulatory Requirements, September 1998. (h) Florida Roofing Sheet Metal and Air Conditioning Contractors Associakion, NRCA, June 1995 (i) US Dept of Labor, Standard Interpretation (OSHA) 1. Application of the asbestos standard to demolition of buildings with ACM In Place,$12612002. 2. Requirements for demolition operations involving material containing <i°1o asbestos, 611 311 9 9 9: 3. Compliance requirements forrenovationworkinvolvingmaterialcontaining<1% asbestas,11124l2003. S:ICaPImPr~~SDisas6erRe~overylnitl2Nve SuPP~PP~ph~a(rayHeeeh_SteetlmprovernenisUlgmlMunl.wpd Page 1$ of 18 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: October 14, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 PROPOSAL FOR SETTLEMENT IN ROBERT HAUPTFUHRER V. CITY OF DELRAY BEACH, ET AL. ITEM BEFORE COMMISSION Proposal for settlement in case of Robert Hauptfuhrer v. City of Delray Beach, et al. BACKGROUND On March 17, 2008, the City received a demand offer from Robert Hauptfuhrer requesting $1,089,450.00 for his 33 foot Searunner 37 Cruising Trimaran that was impaled on the dock at the City's Marina in October, 2005 after Hurricane Wilma. The City's Parks Department, at the direction of Joseph Weldon, former Director of Parks and Recreation, removed the boat from the dock in November, 2005 after making numerous attempts to contact Mr. Hauptfuhrer. The City hired Vance Construction Co. to remove the boat after the City was unable to successfully reach Mr. Hauptfuhrer. Mr. Hauptfuhrer claimed that the boat was valued at $274,820.00 and that his personal effects were valued at $88,330.00 for a total of $363,150.00. Further, Mr. Hauptfuhrer claimed that the City's actions resulted in conversion and civil theft under Section 772.11, Fla. Stat. and alleged that he is therefore entitled to treble damages in the amount of three times the alleged value of the boat and personal effects for a total of $1,089,450.00. At the March 20, 2008 City Commission meeting, the Commission voted "no" to the demand offer and instead counter-offered in the amount of $25,000.00 which was based on an appraisal of $17,150.00 plus some additional monies for personal effects (This was not a marine appraisal). Mr. Hauptfuhrer denied our counteroffer and filed suit against the City and Joseph Weldon on June 16, 2008. On October 12, 2009, we attended mediation in this case wherein it was proposed that we could settle all claims against the City and Joseph Weldon by Mr. Hauptfuhrer for a total of $35,000.00. FEMA appraised the boat and all personal effects at $80,000.00 and paid $11,000.00 to Mr. Hauptfuhrer. Further, we had to hire outside counsel in this case because Mr. Hauptfuhrer originally named Susan Ruby as a defendant. Please let me know if you have any questions. RECOMMENDATION The City Attorney's Office recommends approval subject to receipt of the appropriate releases. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 16, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING ITEM BEFORE COMMISSION The item before Commission is consideration of the designation of a voting delegate for the National League of Cities' Annual Business Meeting. BACKGROUND The National League of Cities' Annual Business Meeting will be held at the Henry B. Gonzalez Convention Center in San Antonio, Texas on Saturday, November 14, 2009, at the conclusion of the Congress of Cities and Exposition. The Commission may designate a voting delegate to vote at the annual business meeting. RECOMMENDATION Commission discretion regarding designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the National League of Cities Annual Business Meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: October 16, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 FUNDING CONTRIBUTION/PALM BEACH GOUTY/SCHOOL DISTRICT/LEAGUE OF CITIES ITEM BEFORE COMMISSION The item before Commission is consideration of a request from Palm Beach County, the School District, and the Palm Beach County League of Cities for support of a Wellness Campaign. BACKGROUND The City received a letter (copy attached) from Palm Beach County, the School District, and the Palm Beach County League of Cities. At the most recent meeting of the three organizations, the groups endorsed and agreed to the value of a countywide wellness initiative. The City is being asked to join in supporting the campaign by endorsing the effort and providing a funding contribution. The suggested range of contribution depends on size of the city from small to large, such as $1,500 to $5,000. The next joint workshop of the three organization is scheduled for October 28, 2009. RECOMMENDATION City Commission discretion. ~'~, _ i ,~ ;: := ~s ~„ ~~~~ t.,. '`, F< -~ '~ ~~ ~~~ c, ~L` j`y ;~'i~~ °~ ,~ , d~` y J , ~~~R~~~ I y, , } :. -~:`~~ October 6, 2009 To: All Pahn Beach County Municipalities Dear Mayor; c ~ `-~`- Res n~; 3 ~R ~ ~~~ 1 ,. Periodically our three boards -the Board of County Connnissioners, the School District and the League of Cities -meet to discuss and coordinate issues and activities of mutual interest. At our most recent joint meeting, we all endorsed and agreed to the value of a countywide wellness initiative and to doing what we can to provide seed funding for the initiative. It is essential for the health and well being of our citizens and containment of health care costs that we focus on prevention and wellness. Most importantly, the number one enemy of health and wellness is obesity. Many of the current health issues are preventable. Different food and activity choices can improve health, productivity and minimize health care needs. Employers have found that not only are costs contained but employees are more productive, healthier and happier. We ask that your community join us in supporting this campaign, both in terms of a municipal endorsement and a contribution of funding. We are suggesting a range of contribution depending upon your municipal size from small to large ($1,500 - $5,000 in example). Remember the benefits of a successful Wellness Campaign will bring return on investment many times over to your community. The average additional healthcare costs for an obese person are $1,400 per year. At least one third of the Palm Beach County population is obese according to the CDC (Center for Disease Control). In this county, we therefore spend $540 million dollars annually on healthcare costs that are preventable! We look forward to a countywide initiative to help make a healthier and happier community. ~ ,.,„.ASincerely~ r , Je K ~ ns ~ ' ~~"~`'~"° ~ Bill Graham ~~ om Lyn C air ,= Chair President Board of County Commissioners School District League of Cities P.S. We hope to see you at our October 28~', 2009 Joint Workshop Meeting! ~~yfaUE DF P,~> www.leagueofcities.org ~ ititcombCa?pbcgov.org James S. Titcomb, Executive Director s ~ i (561) 355-4484 ~ (Fax) 355-6545 ~' ' • ~ ~ !. P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402 ' ~~' °`~~ Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401 Florida League of Cities National League of Cities SUPPORTING PARTNER Associate FAembers MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Ms. Kristen Albanese (Zone 4) verbally resigned from the Neighborhood Advisory Council effective October 9, 2009. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2012. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (Applicants are listed by zones; however, the applications are in alphabetical order.) Applicant -Zone 4 Subdivision Suzanne Donohue Dell Park Isabel Make Estuary Mel Pollack N/A A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Zone 4) for one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member from Zone 4 to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2012. 10/09 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp Apppt 08/21/07 Rea 10/16/07 10/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Latnence Leib Unexp Appt 10/17/06 Rea 10/16/07 10/31/10 Zone 4 Harold Van Arnem a~ 1o/16/m 07/31 /11 Zone 5 Gail-Lee McDermott Unexp 03/03/08 Reapptl0/07/08 07/31 /11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reapptl0/07/08 07/31 /11 Zone 1 Mr. Sal Cherch Unexp Appt 08/18/09 07/31/11 Zone 2 Mary-Elizabeth Cohn Appt10/21/08 07/31 /12 Zone 3 Shirl Fields a~ 10/17/06 Rea 10/06/09 07/31 /12 Zone 4 Vacant 07/31 /12 Zone 5 Matthew Hartley a~ 10/17/06 Rea 10/06/09 07/31 /12 Zone 6 Joseph Kamarata, Chair a~ 10/17/06 Rea 10/06/09 7/31 /10 At Large William NTilner Uenxp Appt02/03/09 R resentative 07/31 /11 At Large Patricia Westall unexp a~ 0/19/05 Representative Reapptl0/25/05 Rea 10/07/08 07/31 /12 At Large Margherita Downey apps 10/06/09 R resentative 07/31 /10 Student Vacant 07/31 /10 Student Vacant Board 09/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 APPOINTMENTS TO THE BUDGET REVIEW COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Budget Review Committee. BACKGROUND On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 (attached) establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Budget Review Committee shall consist of nine (9) members (seven (7) regular members and two (2) alternate members). Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer or someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made as follows: Term Expiration Date One year term -July 31, 2010 regular member One year term -July 31, 2010 regular member Commissioner/Mayor to appoint Commissioner Eliopoulos (Seat #1) Commissioner Fetzer (Seat#2) One year term -July 31, 2010 regular member Commissioner Frankel (Seat #3) One year term -July 31, 2011 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 regular member Two year term -July 31, 2011 alternate member Two year term -July 31, 2011 alternate member Commissioner Gray (Seat #4) Mayor McDuffie (Seat #5) Commissioner Eliopoulos (Seat #1) Commissioner Fetzer (Seat #2) Commissioner Frankel (Seat #3) Commissioner Gray (Seat #4) RECOMMENDATION Recommend appointment of seven (7) regular members and two (2) alternate members to the Budget Review Committee for terms ending July 31, 2010 and July 31, 2011. RESOLUTION NO. 55-09 A RESOLUTION OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING THE BUDGET REVIEW COMMITTEE TO REVIEW THE CITY'S BUDGET, SYSTEMS AND PROCEDURES, TECHNOLOGY IMPROVEMENTS OR RELATED MATERIALS AND CONCEPTS AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a permanent volunteer Budget Review Committee consisting of nine (9) members (seven (7) regular and two (2) alternate members) to review the City`s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding these issues; and WHEREAS, the City Commission desires to establish this Budget Review Committee to review the City`s budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City`s budget and overall financial condition NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby agrees to appoint a Budget Review Committee with the qualifications that meet the requirements as set forth below A. Budget Review Committee Member Requirements: 1. All members shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 2. At least five (5) of the members on the task force shall have one (1) of the following qualifications: a. Certified Public Accountant b. Accounting Professional c. Finance Professional d Certified Financial Planner e. Investment Advisor f. Insurance Professional (property/casualty or health) g. Business Owner/Manager/Officer h. MBA or MPA degree The remaining four (4) members maybe at large. Section 2. That the Budget Review Committee shall be responsible for reviewing the City`s budget, systems and procedures, technology improvements or related materials and concepts and shall make written recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City`s budget or financial condition to the City Commission PASSED AND ADOPTED in regular session on the 6TH day of OCTOBER, 2009. MAYO R Attest: City Clerk 2 RES. NO. 55-09 BUDGET REVIEW COMMITTEE EXHIBIT "A" Applicants with experience in the professions reauired: Applicant Occupation Helena Antunes-Boska Senior Financial Analyst Howard Ellingsworth Accounting Partner/CPA Todd 1'Herrou Business Owner Patricia Maguire Public Relations/Editor/MBA Robert Moore Financial Consultant Jeff Ritter Consulting/MBA Cher5~1 Shaffner Accounting Alexander Simon Real Estate Broker/MBA James Smith Retired-Finance/MBA Harvey Starin Real Estate Broker/MBA Yvonne Walker Accountant John Warner Chief Financial Officer Andrew Youngross Engineer/Business Owner Applicants interested in being an at-lame-member: Applicant Occupation Rosalie Blood Vice President/General Manager Martin CherrS~ Executive Vice president Nayda Cotton Nursing Assistant Suzanne Donohue President-Director of Sales Alberta Gaum-Rickard Project Coordinator John Hallahan Assistant Director of Operations BUDGET REVIEW COMMITTEE EXHIBIT "A" Applicants interested in being an at-large-member: Michael Park General Counsel Jeff Ritter Wend~~ Smith John Warner Alberta Gaum-Rickard Todd L'Herrou Consulting President-Health Police Consultant Interim Management/Finance Project Coordinator Business Owner-Research & Consulting MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE NO. 15-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider an ordinance providing for the acceptance of the resurvey report of Del-Ida Park Historic District including extension of the period of significance and reclassification of properties from non-contributing to contributing. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 15-09. RECOMMENDATION Recommend approval of Ordinance No. 15-09 on second and final reading. ORDINANCE NO 15-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF DEL-IDA PARK HISTORIC DISTRICT INCLUDING EXTENSION OF THE PERIOD OF SIGNIFICANCE AND RECLASSIFICATION OF PROPERTIES FROM NON CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resurvey the Del- Ida Park Historic District and the City Commission accepts the survey recommendations to extend the Period of Significance, and seek listing of the district on the National Register of Historic Places; ancl, WHEREAS, the Del-Ida Park Historic District was originally designated and placed on the Delray Beach Local Register of Historic Places in 1988 with a Period of Significance sparnling from 1923-1943; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Del-Ida Park Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Del-Ida Park Historic District and those properties originally classified as non contributing for current significance and recommends that the Period of Significance be extended through 1970; and, WHEREAS, the Del-Ida Park Historic District was originally significant for its collection of architecture representative of the period from 1923-1943, and is currently significant for its collection of architecture representative of the period from 1944 -1965. WHEREAS, 48 structures now meet the eligibility criteria for contributing status, attributed to the newer resources built 1944 through to 1965, as these buildings have had alterations completed in an appropriate and compatible manner consistent with the Secretary of the Interior's Ord. No. 15-09 Standards for Rehabilitation, or Dave had alterations which are reversible thereby not compromising the structure's integrity; ancl, WHEREAS, the Del Ida Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the broad pattern of the City`s history as one of the first planned residential developments in Delray Seach with representation of the 1920s Land Soom and 1930s settlement following the Land Soom and inclusion of post World War II growth from the 1940s through the 1960s; and, WHEREAS, the DelIda Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion S for significance due to associations with people significant to the City, as one of the early investors was Frederick Henry Link, a Craftsman at Mizner Industries, and whose daughter, Catherine Link Strong was the City`s first female Mayor and lived in the neighborhood; ancl, WHEREAS, the DelIda Park Historic District was originally and is currently significant under the Secretary of the Interiors Criterion C for significance as it embodies one or more distinctive architectural styles or types such as the Mission, Mediterranean Revival, Minimal Traditional, Contemporary, Masonry and Frame Vernacular, Ranch, and Streamline Moderne, with the NTission and Mediterranean Revival style containing influences directly from renown Architect Addison 1VTizrler, as Frederick Henry Link was a craftsman at 1VTizrler Industries; ancl, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Seach provides for the change of historic classification of historic sites and districts; ancl, WHEREAS, RJ Heisenbottle Architects, Inc. found that the City should seek listing of the Del-Ida Park Historic District on the National Register of Historic Places; and, WHEREAS, the Historic Preservation Soard held a duly noticed public hearing in regard to the Final Resurvey Report for the Del-Ida Park Historic District on September 16, 2009 and voted 4 to 1 to recommend approval for the acceptance of the Final Resurvey Report and its recommendations including extension of the Period of Significance to 1965 and changes of historic classification for 48 properties within the DelIda Park Historic District; and Ord. No. 15-09 WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Final Resurvey Report for the Del Ida Park Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated September 16, 2009; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the adoption of the Final Resurvey Report for the DelIda Park Historic District. NOW THEREFORE SE IT ORDAINED SY THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2 That the Final Resurvey Report for the DelIda Park Historic District is included as Attachment A. Section 3 That the Period of Significance is extended to 1965. Section 4 That the properties listed in Attachment S are hereby classified as set forth in Attachment A and in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. Section 5 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 6 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or Ord be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 7 That this ordinance shall become effective immediately upon passage on second and final reading. Ord. No. 15-09 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 MAYO R ATTEST: City Clerk First Reading Second Reading Ord. No. 15-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO. 15-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 15-09 which accepts the recommendations of the Del-Ida Park Historic District resurvey report, including expansion of the Period of Significance (POS) and reclassification of properties. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Old School Square, Nassau Park, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts, and to identify both contributing and non-contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the final survey report for the Del-Ida Park Historic District at its workshop on February 10, 2009. The report contained the following recommendations: . That the POS be extended to 1970 (currently spans to 1943); . That 48 properties be reclassified from non-contributing to contributing; and, . Options for listings on the National Register of Historic Places (NRHP) Staff recommends that the POS extend through 1965 in order to remain consistent with prior POS designations adopted by the City. This would include those eligible properties that are currently at least 45 years old and would be at least fifty years old by the time the next survey is completed. It is noted that the report did not identify any remaining properties built between 1965 and 1970 as eligible for reclassification to contributing. Therefore, this revision would not affect any of the 48 properties recommended for reclassification. As noted above, the subject Ordinance includes properties constructed less than fifty years ago. The NRHP notes "that properties less than fifty years old may be an integral part of a district when there is http://miweb001/AgendasBluesheet.aspx?ItemID=2694&MeetingID=220 10/13/2009 Page 2 of 2 sufficient perspective to consider the properties as historic" which may be demonstrated by the following: 1) That the district's Period of Significance is justified as a discrete period with a defined beginning and end, 2) That the character of the district`s historic resources is clearly defined and assessed, 3) That specific resources in the district are demonstrated to date from that discrete era, and 4) That the majority of district properties are over fifty years old. Additional analysis is contained within the attached HPB Staff Report of September 16, 2009. Ordinance 15-09 also contains two attachments: Attachment A -Del-Ida Park Historic District Resurvey Report, and Attachment B -Del-Ida Park Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing on NRHP will be explored at a later date and would begin with a property owner workshop with HPB. A PowerPoint presentation is also attached which provides an overview of each property recommended for reclassification including a photo and evaluation comment. Additional designation criteria utilized by the NRHP is also included to illustrate that the subject Ordinance is in keeping with national standards. It should be noted that pursuant to LDR Section 4.5.1(0)(5), if any property owner within the subject historic district or within five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 15-09 at its September 16, 2009 meeting where a recommendation of approval was made (4-1 vote, Pam Reeder dissenting) to accept the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. Ms. Reeder dissented as she felt that the POS should not extend past 1959 and should include only those eligible properties over 50 years old. In addition to the property owners who supported the Ordinance, three property owners were in attendance at the HPB meeting who spoke against the reclassifications of their own properties, each of which is listed below: . 223 NE 5th Court -1947, Contemporary Style . 110 NE 5th Street -1963, Contemporary Style . 228 NE 5th Street -1952, Contemporary Style. The Community Redevelopment Agency (CRA) reviewed Ordinance 15-09 at its September 24, 2009 meeting and supported the Ordinance with the suggestion that those affected property owners be given the opportunity to opt out of the reclassification. RECOMMENDATION Approve Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. http://miweb001/AgendasBluesheet.aspx?ItemID=2694&MeetingID=220 10/13/2009 ATTACHMENT A CITY OF DELRAY BEACH RESURVEY OF FOUR LOCAL REGISTER HISTORIC DISTRICTS DEL-IDA PARK HISTORIC DISTRICT Prepared by: R.J. HEISENBOTTLE ARCHITECTS, P.A. January 30, 2009 DEL-IDA PARK HISTORIC DISTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA) to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic District. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts. These survey reports will include the following information: • Historical overview of the district. • Review existing criteria for determining contributing and non-contributing structures. • Recommendations on extending Periods of Significance, where appropriate, within the district. • Update Florida Master Site File forms for previously recorded structures. • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district. These surveys are reviewing all structures located within the locally designated historic districts that are thirty five (35) years or older. Information on structures currently listed is being updated, noting any alterations, relocations and demolitions since the time that the Designation Report was originally prepared. Structures not previously listed, that meet the 35 year or older criteria and that are deemed "contributing" to the historic district, are being added to the Florida Master Site File and are being recommended for inclusion in the Local Register of Historic Places' Historic District Designation Report. To date, RJHA has completed work on the Nassau Park Historic District and on the Old School Square Historic District and the West Settlers Historic District. The Del-Ida Park Historic Survey Report covers the fourth and final area being studied under this project. This report will provide information on those items outlined above, based on: field work; research conducted on City records including building cards and permits; Sanborn map records available at the Delray Beach Planning and Zoning Department; existing historical publications; previous surveys covering the Del-Ida Park Historic District, such as the Historic Resources Survey. Phase H, conducted by Janus Research in 2002; the Delray Beach Historic Sites Survey conducted by John P. Johnson in 1987 and on historical research conducted at the Delray Beach Historical Society. The Del-Ida Park Historic District was officially listed in the Local Register of Historic Places in 1988. A total of 47 sites were listed as individual contributing buildings. Additional contributing sites were identified by the "Historic Resources Survey Report Phase II", conducted by Janus Research in 2002, but were not incorporated as part of the Designation 2 Report. The RJHA Report will update and re-evaluate the information provided in the Janus Report and will make recommendations for additional sites that should be officially listed as contributing structures in the Del-Ida Park Designation Report. BOUNDARIES (See Attachment A: Historic District Map) The Del-Ida Park Historic District is bounded on the north by N.E. 8~ Street, on the east by the Florida East Coast Railway, on the south by N.E. 4~ Street, and on the west by the east side of N. Swinton Avenue. These are the original boundaries of the development originally platted in 1923. Based on that historical fact, no boundary extension or modification is being recommended for the Del-Ida Park Historic District. f'(1NTF,XT The Del-Ida Park Historic District is a 14 block suburban residential area just four blocks north of the heart of downtown Delray Beach. It consists of primarily single family, one story residences, although there are some two story houses and a few duplex structures that were built during the 1950s and 1960s. Although some of the houses have been converted to light office use, the residential character of the area remains fairly intact. The same can be said about the original historic fabric of the structures. Few of the historic houses have been demolished. Only two houses listed on the 1988 Designation Report have been demolished. These were located at 601 N. Swinton Avenue and at 107 N.E. 6~ Street. Most of the houses have survived with relatively few unsympathetic alterations or additions. In several instances additions have been made with respect and sensitivity to the original houses, compatible in design yet clearly distinguishable from the historic portion. Specific examples will be presented in the "Architectural Significance" Section. The original plat was laid out in an interesting and unusual fashion, combining a rectangular grid with a series of diagonal streets. Most notable is Dixie Boulevard, which serves as the main concourse in the development, having been laid out 20 feet wider than the rest of the streets. The combination of rectangular and diagonal street design produces a series of unusual triangular blocks and lots with varying street frontage. There are three small public parks that, along with well landscaped grounds and mature trees, contribute to the overall visual quality of the neighborhood. HISTORICAL SIGNIFICANCE Del-Ida Park is one of the first planned residential developments in Delray Beach. In 1923, the Ocean City Development Company purchased a 58 acre tract in the northeast section of Delray Beach, during the heyday of the Florida Real Estate Boom, and created Del-Ida Park. The development company was organized by Mr. J.C. Secord, of Miami, along with Mr. B.E. Clutter, also of Miami, and Mr. Charles Kuschke of Fort Lauderdale, who planned to open sales offices in Delray (not yet renamed Delray Beach), West Palm Beach and Miami. On 3 September 18, 1923, Del-Ida Park was officially platted and recorded and appears to have been an almost instant success. Del-Ida Park was widely promoted in the Delray News. In a front page article dated September 28, 1923, the newspaper proclaimed that "Del-Ida is growing fast". It goes on to state that 25 of the available 58 lots had been sold and that city water and electricity were being installed. The article also states that "Two beautiful parks are being made and 100's of Australian pines, other trees, flowers and shrubbery are being planted". The newspaper further states that "Mr. Secord and his group bring people daily to visit Del-Ida Park and soon they will have to put more of their lots on the market". On October 19, 1923, the Delray News reported that "Wonderful progress is being made in Del-Ida Park, our new suburb. Nice hard surfaced streets are being run through the property and it is beginning to look like a real town". One of the first investors in the area was Frederick Henry Link, formerly a craftsman of Mizner Industries in West Palm Beach, who in 1923 purchased several lots in Del-Ida Park. Mr. Link soon became the general contractor for the development, and most of the early houses in Del- Ida Park were built by him. That same year he began construction of his own home, located at 524 N.E. 2nd Avenue. The great almost overnight success of the Del-Ida Park was as typical of the Florida Real Estate Boom as its rapid collapse following the Stock Market Crash of 1929 and subsequent years of the Great Depression. Construction continued, but at a much slower pace during the 1930s and 1940s. It was not until the end of World War II that Del-Ida Park experienced a new surge in construction. During the immediate post-war era, Delray Beach saw a marked increase in population, the result of former military personnel stationed in the area that returned and relocated with their families. Del-Ida Park was an attractive middle-class suburban community, centrally located and reasonably priced. Many new houses went up at this time, modest in scale, but representative of the latest trends in architectural design, materials and technology. ARCHITECTURAL SIGNIFICANCE There are many architectural styles represented in Del-Ida Park. Following are examples of the most prevalent ones found within the designated historic district: Frederick Henry Link brought to Del-Ida Park with him the experience he had acquired while working with Addison Mizner in Palm Beach. Inspired by Mizner's grand Mediterranean Revival style houses in Palm Beach, Mr. Link's house set the tone for the architectural style in Del-Ida Park. Smaller in scale and simpler in design, the Link House is mostly Mission style, but with some Mediterranean Revival details, such as the octagonal corner tower and the heavily rusticated doorway surrounds. 4 The Link House. 524 N.E. 2nd Avenue (1923) The Mission Style became the predominant design mode for the original houses in the Del-Ida Park development. A scaled down version of the Mediterranean Revival style, the Mission style was widely popular in the 1920s, and its charm and currency made it an important selling tool for the planned residential development. While the Mediterranean Revival style owed its inspiration to the Spanish, Italian and Moorish architecture along the Mediterranean coast, the Mission style was derived from the Spanish Missions in California and New Mexico. In Del- Ida Park, textured stucco surfaces on wood frame structures, flat roofs, molded parapets, scuppers and sparse, if any, applied decorative details were the primary features of the Mission style. Simple designs and inexpensive construction methods made these houses attractive and affordable. A total of 25 of the original Mission Style homes are still standing in Del-Ida Park, although three have seen their original stylistic features altered beyond recognition. These structures have been incorrectly identified as Mediterranean Revival in past surveys. That classification should be corrected in all records. Mission Style Houses 11 Dixie Boulevard 102 N.E. 8"` Street 214 N.E. 5`h Street The more ornate Mediterranean Revival Style, one of the most popular architectural styles in Florida during the 1920s, is also represented in Del-Ida Park, although not as widely. These buildings are larger, usually two stories and have a greater amount of applied decorative details than the simpler Mission style houses, including arches, a combination of flat and pitched tiled 5 roofs and balconies. One of the best examples of the Mediterranean Revival style may be found in the residence located at 515 N. Swinton Avenue. The fact that it was originally built outside Del-Ida Park at 324 N.E. 2nd Avenue and relocated to its present site in 1961, may explain the anomaly of its more ornate, larger scale within this historic district. The apartment building at 401 N.E. 2nd Avenue is also Mediterranean Revival by its more elaborate design, although its bell-shaped central parapet still harks back to the Mission style. Several of the original Mission style buildings have been modified through additions and alterations into Mediterranean Revival designs. These will be covered in the "Additions and Alterations" Section below. Mediterranean Revival Style 401 N.E. 2nd Avenue 515 N. Swinton Avenue Several fine examples of the Minimal Traditional Style are also found in Del-Ida Park. These generally date back to the 1930s to 1950s decades, built originally during the Depression era, and show simple, sober designs with some modest detailing harking back to more traditional styles. Some of the more typical details for these houses include low to medium pitch gable roofs generally facing front, modest overhangs, prominent chimneys, decorative wood details on gable ends, inset porches supported on decorative wood supports and sparsely used Colonial or other traditional applied decoration, such as door and window surrounds. 6 Minimal Traditional Style Houses 204 N.E. 5`h Terrace 706 N.E. 2nd Avenue 105 N.E. 6`h Street There are many fine examples of Contemporary Style houses that were built during the post World War II building construction surge in Del-Ida Park. These houses are inspired by the International Style that originated in Europe and later traveled to the United States, where it was eminently established by Mies Van der Rohe and his disciple Philip Johnson, among many others. An even more direct influence can be found in the post-war work of masters like Richard Neutra in California and Paul Rudolph in Sarasota. Contemporary style houses in Del-Ida Park have simple, clean lines, highly abstracted, geometric designs and are mostly devoid of any applied decoration. One of the most important features of these buildings is their complete break with traditional, historical models. They rely on massing, new materials and methods of construction and sculptural forms for architectural expression. Most of the houses have flat roofs with broad eaves, may have glass jalousie windows and often an attached carport. These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post- war Era design. Contemporary Style Houses 215 N.E. 5`h Street 222 N.E. 5`h Street 240 Dixie Boulevard 7 There is a variety of other architectural styles represented in Del-Ida Park, although not as numerous as the ones identified above. Among the styles that can be found are examples of Frame and Masonry Vernacular, one drastically altered Bungalow, some Streamline Moderne, and several Ranch houses. ADDITIONS AND ALTERATIONS Many of the original structures have been altered and others have been added to, both with varying degrees of success. Some of the original Mission style houses were enlarged during the 1950s. The additions have been successful as statements of their own time, although they may have completely altered the architectural character of the original house. The Mission style house at 217 N.E. 4~ Street is no longer recognizable from the front. The addition itself, however, is quite handsome, with a boldly cantilevering carport, and the original building is fairly intact toward the rear of the new structure (See photo below). 217 N. E. 4"` Street Similarly, the house located at 251 Dixie Boulevard is no longer recognizable as Mission style, yet its original simple lines lent themselves quite nicely to its transformation as a Contemporary style structure (See attached photo). 251 Dixie Boulevard At 204 Dixie Boulevard, the addition is considerably larger than the original Mission style house, yet the original house is still recognizable, and the addition has been done in a manner which is respectful and compatible. The original house has a simple molded parapet, while the 8 parapet on the addition has a continuous banding at the top. In spite of the all the good attributes of the addition, the overall effect and character is now that of a Mediterranean Revival style building, rather than the original Mission style design intent. A less fortunate addition, however, can be seen at 203 Dixie Boulevard, where the original Mission style house is no longer recognizable, and the entire structure has deceivingly and disarmingly become faux Mediterranean Revival. 204 Dixie Boulevard 203 Dixie Boulevard Finally, the following two additions are highly successful in their execution. In the house at 110 N.E. 7~ Street, the addition is very similar to the original Mission style house, but the connection between old and new is set back, clearly differentiating between the two (See photo below). At 105 N.E. 7~ Street, the large two story addition is significantly set back from the original Minimal Traditional style house, and the different massing of the two leaves no doubt where one ends and the other begins (See photo below). 110 N.E. 7`h Street 105 N.E. 7`h Street 9 PERIOD OF SIGNIFICANCE One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic Districts" project is to assess the feasibility of expanding the current Period of Significance. Structures thirty five (35) years or older will be recorded in the Florida Master Site File, so that the information contained in the State's database will be not only current but actually ahead of the 50 threshold for historic consideration. This does not mean that structures that are 35 to 50 years old will automatically be deemed contributing, but rather they will be reviewed on a case-by-case basis for possible eligibility. The Del-Ida Park Historic District Designation Report, approved in 1988, places the Period of Significance cut-off date by which structures are to be evaluated at 1943. The cut-off date is based in the generally accepted 50 year old threshold for considering eligibility of structures for listing as "contributing" within a designated historic district. In terms of historical and architectural development, it is difficult to justify this date under any other criteria than the 50 year threshold. The post World War II era was a significant period in the historic and architectural development of Delray Beach. There was a marked population increase, as many GIs stationed in the area relocated with their families after the war. As a result, Delray Beach saw a period of growth in business, tourism, and consequently in job opportunities and therefore an increase in demand for housing. Although the housing shift was mostly towards outlying suburban expansion and away from the center of town, as was typical everywhere else in the country at that time, Del-Ida Park remained an attractive neighborhood, affordable and conveniently close to downtown. This report has already discussed the architectural significance of the Contemporary Style housing built during this era. Many of the structures that RJHA has identified and recorded for the first time as part of this Resurvey Project date from 1963-1965. The house pictured below, for instance, is part of a block-long cohesive group built during that time period, although unfortunately, most have been seriously altered. 10 NE 5`h Street Based on the above cited historical and architectural significance of Del-Ida Park in the post-war era, it is our recommendation to extend the Period of Significance to 1970. 10 RE-EVALUATION OF CONTRIBUTING STRUCTURES This report has updated and re-evaluated the "District Inventor' provided as part of the 1988 Designation Report, which identified 47 Contributing Structures. Following is a summary of our re-evaluation, which includes sites previously recorded and recommended for inclusion in the Designation Report by the 2002 Janus Report: • Contributing Structures Identified in the 1988 Designation Report 47 • New Contributing Structures per 2002 Janus Report 34 • New Contributing Structures per RJHA Report 19 • Non-Contributing Structures 58 • Demolished Structures 2 NATIONAL REGISTER ELIGIBILITY The Del-Ida Park Historic District contains sufficient historical and architectural significance as a planned 1920s residential development to be potentially eligible for consideration as a National Register Historic District. A stronger yet case could be made for a Multiple Resource nomination for the original 1920s Mission style buildings in the development. Another option is to pursue individual National Register nomination for the Frederick Henry Link House at 524 N.E. 2nd Avenue, based on Criteria A (for its association with the planned development), Criteria B (for its association with an individual who made a significant contribution to the development) and C (for its architectural significance as a 1920s Mission style-themed development). Any of the above options are feasible and realistic for National Register consideration. FLORIDA MASTER SITE FILES Florida Master Site File forms have been updated for all "Contributing Structures" previously recorded as part of the 1988 Designation Report or as part of the 2002 Janus Report. The following structures will be submitted for addition to the FMSF and new numbers will be requested for them: • 543 NE 3 rd Avenue • 701 NE 3 rd Avenue • 10 NE 5~ Street • 14 NE 5~ Street • 18 NE 5~ Street • 22 NE 5~ Street • 102 NE 5 ~ Street • 106 NE 5 ~ Street • 110 NE 5 ~ Street • 215 NE 5 ~ Street • 222 NE 5 ~ Street 11 • 225 NE 5~ Street • 116 NE 6~ Street • 721 N Swinton Avenue • 14 NE 7~ Street • 113 NE 7~ Street • 14 NE 8~ Street • 225 Royal Court • 202 Palm Court SUMMARY RECOMMENDATIONS It is recommended that the Del-Ida Park Historic District local designation be amended to reflect the following: • Amend the Inventory contained in the 1988 Designation Report to include the new structures being added to the FMSF as part of this report. • Extend the Period of Significance to 1970, based on the historical and architectural significance of the Post World War II period in the development of Del-Ida Park. • Amend the Inventory to identify the original structures in the Del-Ida Park development as designed in the Mission style, not as Mediterranean Revival, as originally indicated in the 1988 Designation Report and in the 1987 Delray Beach Historic Sites Survey. The breakdown of Mission and Mediterranean Revival style houses within the Del-Ida Park Historic District is provided in the attached "List of Surveyed Resources" in Appendix B. CONCLUSIONS Del-Ida Park is a remarkably cohesive and well preserved neighborhood. Few of the original structures have been demolished and alterations have been, for the most part, relatively benign. Even those structures deemed "Non-Contributing" due to their recent date of construction or unsympathetic alterations maintain a sense of cohesiveness in their scale, setback, use of materials and overall architectural character. The new encroaching development is nearby, but it is yet to cross N.E. 4~ Street into Del-Ida Park. There is a palpable sense of pride and identity in the neighborhood residents. The historic district designation has made a positive contribution towards the visual quality and historical integrity of Del-Ida Park. This is evident in the marked improvement in the alterations and additions being made, and in the slowing down of the development pressure that the immediate area is facing. 12 SOURCES • Florida Master Site Files. Delray Beach. • Historic Site Files. City of Delray Beach Planning and Zoning Department. • Building Card Files. City of Delray Beach Planning and Zoning Department. • Property Control Numbers. Property Appraisers Office. City of Delray Beach. • Sanborn Insurance Maps. 1926, 1949, 1963. • Delray Beach Historic Sites Survey. By John P. Johnson. Historic Palm Beach County Preservation Board. July 1987. • Del-Ida Park Historic District. Designation Report. Historic Preservation Board. Delray Beach, Florida. January 15, 1988. By Patricia Cayce. • Historical and Photographic Files. Delray Beach Historical Society. • Delray News. August 17, 1923; August 31, 1923; September 28, 1923; October 19, 1923. Delray Beach Historical Society. • City of Delray Beach. Historic Resources Report. Janus Research. July 1999. • City of Delray Beach. Historic Resources Report. Janus Research. June 2002. 13 APPENDIX A LIST OF SURVEYED RESOURCES 14 ~ x x x x x K x K x x x x x x x x x x x x x x x x x ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ r ~ r ~ r d r ~ r ~~ r r ~ ~ ~ s ~ r ~ r' ~ r 1 r ~ r' ~ r ~ r ~ r ~ r ~ r ~ r ~ r ~ r ~ r ~ r' 0 r a r • • ~ ~ ~ ~ ~ ~ ~ ~ G ~ ~ A ~ M ~ ~ ~ ~ ~ i ~ ~ i 8 i i # ~ i K i ~ i i 8 ~ ~. ~ r ~ ~ ~ ~ w ~ $ ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ ~ ~ & A ~ r ii n a A i ~ c~ ~e x x x ~ ~e x x x ~e ~e x x ~e ~e x x x ~e ~€ x x ~e x x ~e ~ ~ ~ ~ ~ ~ ~ ~ r r r r r r r r r r r r r r r r r r r r r r r r r 4 ~ ~ ~ j ~ A~ R ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ r ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '1. '~. ~ ~ r ~ A ~ ~ ~y ii iY p ~ YB * ~ ~ ~ } ~v r ~ # ~ ~ ~ ~ ~ ~ ~ ~ ~ ct x a€ ~€ x x ae a€ x x se a€ x x ae f€ x x ae x x ae a€ x x x f ~ ~ a ~ ~ ~ ~ ~ ~ ~ s a ~ ~ ~ ~ 1 1 ~ ~ ~` ~` ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ r ~ r 1 r ~ r ~ r ~ r ~ r $ r ~ r BE r ~ r ~ r ~ r ~ r ~ r ~ r ~ r 0 r ~ r ~ r ~ r ~ r ~ r ~ r ~ ~ acv o er ~ a ~ n ~ TM ~ ar iG a ~ ~ ~ ~ ~ ~ ~Wy 2 ~ WW 2 ~ WW i ~ ~ ~ ~ ~ ~ ~ ~ y ~ Z a ~ i~C ~Wy 2 ~ ~ ~ d ~ ~ 1~~h1 3 ~ W~W i ~ ~ ~ ~ ~ ~ ~ ~ 1/ ~ x x x ~ x a€ ~€ x x ae a€ x x ~e x x se x x se x ~ ~ ~ ~ i r r r r r r r r r r r r r r r r r r r r ~ ~ ~ ~ ~ T ~ dW i ~ tl 3 S ~W i ~ ~ ~ i ~ ~ ~ tl 14 ~ 14 ~ = ~ ~ ~ ~ tiW i * d 3 * 2 ~` ~ N W ~ ~ ~ ~W 3 i ~i ~ ~i r rd ~8 A 18 x x x x x x x x x x x x x x x x cs e e ~ $E 1 ~i ~ ~i ~ ~ ~ ~ # ~ i 0 r r r r r r r r r r r r r r r i 3 i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ iY O ~ iyiy~ 19 x x x x x x x x x x x x x x x x x ct i T fi r T r T T T T fi r T r T r T ~ ~ ti ~ i ~ i ~ i i i i i ~ i i i ~ ~ ~ ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ s 3 ~ ~ ~ ~ ~ 20 APPENDIX B DEL-IDA PARK HISTORIC DISTRICT MAP 21 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 401 NE 2n Avenue Contributing 1936 Mediterranean Revival 412 NE 2n Avenue Contributing 1955 Ranch 415 NE 2n Avenue Non-Contributing 1995 Frame Vernacular 418 NE 2n Avenue Contributing 1925 Mission 503 NE 2n Avenue Contributing 1947 Streamline Moderne 511 NE 2n Avenue Non-Contributing 1954 Masonry Vernacular 518 NE 2n Avenue Non-Contributing 1950 Masonry Vernacular 524 NE 2n Avenue Contributing 1923 Mission 615 NE 2n Avenue Non-Contributing 1957 Masonry Vernacular 706 NE 2n Avenue Contributing 1953 Frame Vernacular 714 NE 2n Avenue Contributin 1925 Mediterranean Revival 401 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 405 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 410 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 412 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 415 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 505 NE 3~ Avenue Non-Contributing 1968 Masonry Vernacular 520 NE 3~ Avenue Non-Contributing 1947 Masonry Vernacular 524 NE 3~ Avenue Contributing 1947 Frame Vernacular 525 NE 3~ Avenue Non-Contributing 2001 Masonry Vernacular 541 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 543 NE 3~ Avenue Contributing 1955 Contemporary 601 NE 3~ Avenue Non-Contributing 1955 Masonry Vernacular 605 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 609 NE 3~ Avenue Non-Contributin 1957 Masonr Vernacular 615 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 617-619 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 621 NE 3~ Avenue Non-Contributing 1956 Masonry Vernacular 625 NE 3~ Avenue Non-Contributing 1957 Masonry Vernacular 701 NE 3~ Avenue Contributin 1955 Contem orar 702 NE 3~ Avenue Non-Contributing 1953 Masonry Vernacular 703 NE 3~ Avenue Contributing 1955 Minimal Traditional 710 NE 3~ Avenue Non-Contributing 1953 Masonry Vernacular 715 NE 3~ Avenue Non-Contributing 1972 Masonry Vernacular 723 NE 3~ Avenue Non-Contributin 1968 Masonr Vernacular 15 NE 4t Street Contributing 1925 Masonry Vernacular 101 NE 4t Street Non-Contributing 1972 Contemporary 111 NE 4t Street Non-Contributing 1947 Masonry Vernacular 200 NE 5t Court Non-Contributin 1952 Masonr Vernacular 201 NE 5t Court Non-Contributing 1948 Masonry Vernacular 209 NE 5t Court Contributing 1949 Frame Vernacular 210 NE 5t Court Contributing 1917 Frame Vernacular 215-217 NE 5t Court Contributing 1952 Contemporary 218 NE 5t Court Contributin 1925 Mission 223 NE 5t Court Contributing 1947 Contemporary 1/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 225 NE 5t Court Contributing 1947 Masonry Vernacular 226-228 NE 5t Court Contributing 1953 Contemporary 229 NE 5t Court Non-Contributing 1947 Frame Vernacular 230 NE 5t Court Non-Contributing 1954 Masonry Vernacular 232 NE 5t Street Non-Contributing 1952 Masonry Vernacular 219 NE 5t Street Non-Contributing 1950 Masonry Vernacular 9 NE 5t Street Contributing 1925 Mission 10 NE 5t Street Contributing 1963 Contemporary 14 NE 5t Street Contributing 1963 Contemporary 18 NE 5t Street Contributing 1963 Contemporary 22 NE 5t Street Contributing 1963 Contemporary 101 NE 5t Street Contributin 1925 Mission 102 NE 5t Street Contributing 1964 Contemporary 106 NE 5t Street Contributing 1965 Contemporary 110 NE 5t Street Contributing 1965 Contemporary 214 NE 5t Street Contributing 1925 Mission 215 NE 5t Street Contributin 1950 Contem orar 219 NE 5t Street Non-Contributing 1950 Masonry Vernacular 222 NE 5t Street Contributing 1953 Contemporary 225 NE 5t Street Contributing 1948 Minimal Traditional 228 NE 5t Street Contributing 1952 Contemporary 202 NE 5t Terrace Contributin 1951 Masonr Vernacular 204 NE 5t Terrace Contributing 1947 Minimal Traditional 216 NE 5t Terrace Contributing 1949 Minimal Traditional 218 NE 5t Terrace Non-Contributing 1953 Masonry Vernacular 226 NE 5t Terrace Non-Contributin 1954 Masonr Vernacular 230-232 NE 5t Terrace Non-Contributing 1956 Masonry Vernacular 234-236 NE 5t Terrace Contributing 1954 Contemporary 238-240 NE 5t Terrace Contributing 1954 Contemporary 10 NE 6t Street Contributing 1947 Minimal Traditional 11 NE 6t Street Contributin 1947 Minimal Traditional 17 NE 6t Street Contributing 1925 Mission 101 NE 6t Street Contributing 1949 Contemporary 105 NE 6t Street Contributing 1939 Minimal Traditional 107 NE 6t Street Contributing --- Demolished - 2005 110 NE 6t Street Contributin 1944 Minimal Traditional 116 NE 6t Street Contributing 1965 Ranch 4 NE 7t Street (531 N Swinton Ave) Non-Contributing Masonry Vernacular 5 NE 7t Street Contributing 1939 Frame Vernacular 10 NE 7t Street Non-Contributin 1999 Frame Vernacular 14 NE 7t Street Contributing 1965 Contemporary 17 NE 7t Street Non-Contributing 1954 Masonry Vernacular 18 NE 7t Street Non-Contributing 1969 Masonry Vernacular 102 NE 7t Street Contributing 1953 Minimal Traditional 105 NE 7t Street Contributing 1941 Frame Vernacular 2/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 109 NE 7t Street Non-Contributing 1999 Frame Vernacular 110 NE 7t Street Contributing 1925 Mission 113 NE 7t Street Contributing 1962 Contemporary 117 NE 7t Street Contributing 1939 Frame Vernacular 14 NE 8t Street Contributing 1948 Ranch 102 NE 8t Street Contributing 1925 Mission 110 NE 8t Street Contributing 1925 Mission 114 NE 8t Street Contributing 1925 Mission 230 NE 8t Street Non-Contributing 1962 Masonry Vernacular 2 Dixie Boulevard Contributing 1937 Masonry Vernacular 11 Dixie Boulevard Contributing 1925 Mission 14 Dixie Boulevard Contributin 1925 Mission 19 Dixie Boulevard Contributing 1925 Mission 23 Dixie Boulevard Contributing 1937 Frame Vernacular 101 Dixie Boulevard Contributing 1939 Minimal Traditional 102 Dixie Boulevard Non-Contributing 1948 Masonry Vernacular 106 Dixie Boulevard Contributin 1930 Bun aloes 109 Dixie Boulevard Contributing 1937 Minimal Traditional 112 Dixie Boulevard Non-Contributing 2007 Masonry Vernacular 118 Dixie Boulevard Contributing 1930 Mission 125 Dixie Boulevard Contributing 1928 Mediterranean Revival 203 Dixie Boulevard Contributin 1925 Mediterranean Revival 204 Dixie Boulevard Contributing 1925 Mediterranean Revival 216 Dixie Boulevard Contributing 1947 Ranch 219 Dixie Boulevard Contributing 1950 Contemporary 220 Dixie Boulevard Contributin 1947 Ranch 227 Dixie Boulevard Contributing 1949 Ranch 228 Dixie Boulevard Contributing 1947 Minimal Traditional 232 Dixie Boulevard Contributing 1925 Mission 236 Dixie Boulevard Contributing 1925 Mission 240 Dixie Boulevard Contributin 1953 Contem orar 243 Dixie Boulevard Non-Contributing 1961 Masonry Vernacular 250 Dixie Boulevard Non-Contributing 1972 Modern 251 Dixie Boulevard Contributing 1925 Mission/Contemporary 109 Fern Court Contributing 1954 Ranch 117 Fern Court Non-Contributin 1957 Ranch 10 Lake Court Contributing 1940 Minimal Traditional 14 Lake Court Non-Contributing 1956 Ranch 18 Lake Court Contributing 1941 Frame Vernacular 20 Lake Court Contributin 1952 Ranch 26 Lake Court Contributing 1925 Frame Vernacular 30 Lake Court Contributing 1925 Mission 202 Palm Court Contributing 1948 Masonry Vernacular 222 Palm Court Non-Contributing 1956 Masonry Vernacular 226 Palm Court Non-Contributing 1957 Masonry Vernacular 3/4 Ordinance 15-09 Attachment B Del-Ida Park Historic District Property Classification List Address Classification Year Built Style 230 Palm Court Non-Contributing 1959 Masonry Vernacular 225 Royal Court Non-Contributing 1997 Masonry Vernacular 235-239 Royal Court Non-Contributing 1952 Masonry Vernacular 241 Royal Court Contributing 1925 Mission 247 Royal Court Contributing 1925 Mission 249 Royal Court Non-Contributing 1956 Contemporary 403 North Swinton Avenue Contributing 1925 Masonry Vernacular 407 North Swinton Avenue Contributing 1941 Minimal Traditional 411 North Swinton Avenue Non-Contributing 1956 Masonry Vernacular 415 North Swinton Avenue Contributing 1925 Mission 515 North Swinton Avenue Contributing 1925 Mediterranean Revival 521 North Swinton Avenue Contributin 1939 Minimal Traditional 527 North Swinton Avenue Non-Contributing 2007 Masonry Vernacular 531 North Swinton Avenue Contributing 1947 Masonry Vernacular 605 North Swinton Avenue Contributing 1925 Mission 701 North Swinton Avenue Contributing 1940 Minimal Traditional 711 North Swinton Avenue Non-Contributin 1962 Masonr Vernacular 721 North Swinton Avenue Contributing 1956 Ranch 4/4 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: September 16, 2009 ITEM: CONSIDERATION OF ORDINANCE 15-09 TO ACCEPT THE RESURVEY REPORT OF DEL-IDA PARK HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE AND RECLASSIFYING PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 15-09 which provides for the acceptance of the resurvey report of Del-Ida Park Historic District, including extension of the Period of Significance (POS), and reclassifying properties from Non- contributing to Contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Change of Historic Classification and 4.5.1(0), Procedures for Change of Historic Classification. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each district and to identify those which contain both Contributing and Non-Contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the Del-Ida Park Historic District at its workshop on February 10, 2009 and supported Staff's proposal to move forward and process the acceptance of the resurvey. The final survey report to be adopted is for the Del-Ida Park Historic District. The final survey report recommendations are as follows: That the Period of Significance (POS) be expanded to 1970, which would reclassify 48 properties from Non-Contributing to Contributing. The current POS spans through to 1943. See Appendix A for those properties recommended for reclassification. • That listing on the National Register of Historic Places be sought for the entire district. Following are details regarding the Period of Significance and listing on the National Register of Historic Places: Period of Significance The resurvey report notes that the POS for the Del-Ida Park Historic District should be extended to 1970, based on the historical and architectural significance of the Post World War II period in the development of Del-Ida Park. The POS extension would reclassify 48 properties currently classified Non-Contributing to Contributing, which were constructed from 1944-1965. National Register of Historic Places (NRHP) Listing on the NRHP would provide additional recognition for the district, but it should be noted that additional review criteria or restrictions would not be placed on properties located within the boundary. Additional explanation of NRHP listing is provided below. Ordinance 15-09 includes Attachment A, which is the Final Survey Report for the Del-Ida Park Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. At its April 15, 2009 meeting, the HPB reviewed and tabled the subject item until their June 17, 2009 meeting with the following direction given to Staff: 1. That an analysis be conducted regarding extending the POS to 1970, while only reclassifying those structures built through 1959 (later referred to as Alternative 2); and, 2. That an analysis be conducted to extend the POS only to 1959 (as opposed to 1970) (later referred to as Alternative 3). The requested analyses are provided in the "Analysis" section of this report where a comparison is provided between the survey recommendations (Alternative 1) and the two scenarios requested by the Board as noted above (Alternatives 2 and 3). Consideration of Ordinance 15-09 is now before the Board for review and recommendation to the City Commission. REVIEW LAND DEVELOPMENT REGULATIONS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. Pursuant to LDR Section 2.2.6(D)(1), Duties, Powers, and Responsibilities, the Historic Preservation Board shall develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.6(D)(2), Duties, Powers, and Responsibilities, the Historic Preservation Board shall nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. STAFF COMMENT: The LDRs specify that as part of the HPB duties, the Board shall protect historic resources, and update surveys of historic resources. The resurvey of the Del-Ida Park Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (b) Criteria for Change of Historic Classification: If aCity-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either Contributing or non-Contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance'; which would reclassify properties from non-Contributing to Contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from Contributing to non-Contributing. STAFF COMMENT: The subject survey meets the criteria for change of historic classification as it was conducted within the last 5 years (complete January 2009), and the survey recommends that the Period of Significance be adopted which would reclassify 48 properties from Non-Contributing to Contributing, per the survey recommendation. Therefore, the reclassifications of the properties listed in Exhibit A are eligible for review. It is noted that additional resources are recommended for reclassification by Staff. These resources are further analyzed below. LDR Section 4.5.1(0), Procedures for Change of Historic Designation and/or Classification (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and maybe initiated by written request of.~ (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N) (1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either. a. loss of historic integrity as a result of irreversible alterations to a Contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAFF COMMENT: Period of Significance & Reclassifications It has been determined that the subject request conforms with Section 4.5.1(N)(1), and the recommendations have been justified within the report with respect to the expansion of the POS to 1970. The information has been provided and reviewed by Staff and deemed to be complete. It should be noted that the date of construction for 251 Dixie Boulevard has been corrected via the resurvey, as it was found to be a 1920s structure and not the 1950s structure it was thought to be when the district was designated in 1988. There were modifications to the Mission-style structure in the 1950s, and the survey now notes this property to be a Mission/Contemporary style. Page 8 of the Del- Ida Park final survey report recognizes and compliments the "transformation" of the structure from Mission to Contemporary style. In 2008, the HPB approved a demolition of this structure, and it was reviewed as anon-contributor. The demolition occurred earlier this year. The properties recommended for reclassification by RJ Heisenbottle Architects, Inc, were initially developed between 1944 and 1965 and are a part of the historic Del-Ida Park streetscape. While these structures may differ from the architectural styles of Del-Ida Park's initial development, they are compatible and illustrate the development building typologies of their time. It is important to note that the "Period of Significance" identifies the growth periods of a historic district and places the POS within its historical context. Therefore, extension of the POS to 1970 rather than 1965 when the last remaining eligible structure was built, includes the entire Post-WWII development impact on Del-Ida Park, and may recognize those appropriate improvements made to contributing structures during this timeframe. Staff's analysis of the resurvey recommendations are provided below. ANALYSIS RESURVEY RECOMMENDATIONS The following gives a comparison of the three potentially different alternatives the Board may choose to support based on the request from the April 15, 2009 meeting. However, Staff has provided an additional alternative for Board consideration. The POS, justification, and analysis for Alternative 4 are included below. Period of Significance Alternative 1 1970 Alternative 2 1970 Alternative 3 1959 Alternative 4 1965 Reclassified Properties 48 38 38 48 Justification Alternative 1: The following contains excerpts from the resurvey report: "...It was not until the end of World War 11 that Del-Ida Park experienced a new surge in construction. During the immediate post-war era, Delray Beach saw a marked increase in population, ...Del-Ida Park was an attractive middle-class suburban community, centrally located and reasonably priced. Many new houses went up at this time, modest in scale, but representative of the latest trends in architectural design, materials and technology. There are many fine examples of Contemporary Style houses that were built during the post World War 11 building construction surge in Del-Ida Park... These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post-War Era design. The Del-Ida Park Historic District Designation Report, approved in 1988, places the Period of Significance cut-off date by which structures are to be evaluated at 1943. The cut-off date is based in the generally accepted 50 year old threshold for considering eligibility of structures for listing as "contributing" within a designated historic district. In terms of historical and architectural development, it is difficult to justify this date under any other criteria than the 50 year threshold. The post World War 11 era was a significant period in the historic and architectural development of Delray Beach. There was a marked population increase, ...As a result, Delray Beach saw a period of growth...and therefore an increase in demand for housing...Del-Ida Park remained an attractive neighborhood, affordable and conveniently close to downtown...(report) discussed the architectural significance of the Contemporary Style housing built during this era. Many of the structures that RJHA has identified and recorded for the first time as part of this Resurvey Project date from 1963-1965...(10 NE 5th Street) is part of a block-long cohesive group built during that time period... Extend the Period of Significance to 1970, based on the historical and architectural significance of the Post World War 11 period in the development of Del-Ida Park." The justification provided above by the City's Consultant was a result of extensive research including the City's records, the Delray Beach Historical Society's records, and field surveys. Alternatives 2 and 3: These alternatives were requested by the Board in response to owners of properties containing structures built after 1959 and who voiced their opposition to the reclassifications at the HPB meeting of April 15, 2009. Alternative 4 Staff's proposal of Alternative 4 is provided See Staff's Analysis of the 4 alternatives below. Analysis Alternative 1 Alternative 1 has been provided in the resurvey report which was prepared by a qualified professional knowledgeable in historic preservation, architectural history, and historic site surveys, among other qualifications. As a result of extensive research on the Del-Ida Park Historic District, a recommendation was made to extend the POS to 1970 and that those eligible and qualifying structures (48) are reclassified as contributing to the historic district. The justification of the POS extension to 1970 illustrates the time frame of the Post WWII impact on Del-Ida Park, not necessarily by the most recent construction date (1965) of a structure recommended for contributing classification. Based on the justification noted in the report (also noted above) and additional information and analysis provided below for Alternative 4, the Board may not find it appropriate to adopt the recommended POS extension to 1970. Alternative 2: Alternative 2 would extend the POS to 1970, and reclassify 38 properties constructed through 1959. Support for the subject alternative would arbitrarily omit eligible resources constructed in a decade in the noted POS and compromise any future attempts at recognizing those structures built in Del-Ida Park after 1959 as significant. Those eligible structures built in the 1960s are of the Contemporary and Ranch styles, both of which are representative of styles constructed in the 1950s. The following is an explanation of the importance of the Contemporary Style, as provided in the resurvey report: "There are many fine examples of Contemporary Style houses that were built during the post World War ll building construction surge in Del-Ida Park. These houses are inspired by the International Style that originated in Europe and later traveled to the United States, ... Contemporary style houses in Del-Ida Park have simple, clean lines, highly abstracted, geometric designs and are mostly devoid of any applied decoration. One of the most important features of these buildings is their complete break with traditional, historical models. They rely on massing, new materials and methods of construction and sculptural forms for architectural expression. Most of the houses have flat roofs with broad eaves, may have glass jalousie windows and often an attached carport. These houses were not 50 years old at the time when the Del-Ida Park Historic District was designated, therefore not meeting the age threshold to be considered as contributing structures. It is, however, RJHA's strong recommendation that these houses should be recognized and officially listed as contributing buildings in the Designation Report, for their historical and architectural significance as representative examples of Post-War Era design. " As a general note, it is important to consider that while these styles may exist throughout the City as a whole, there is not a large concentration of any single style within any of the City's five historic districts. Therefore, the protection of any of the eligible resources is important in maintaining the historic environment of each district. Based on the emphasis provided in the report (also noted above) on the Contemporary-style and significance of Post-WWII development subsequent to 1959, the Board may find that it would not be appropriate to adopt the recommended POS extension to 1970, while reclassifying 38 structures built through 1959, and omitting the 10 identified structures built between 1960 and 1965. Alternative 3: Alternative 3 would extend the POS to 1959 and reclassify 38 properties constructed through 1959. Revising a POS to the end of a decade for the sake of omitting structures built subsequent to this time period is only justifiable when the end of the decade actually coincides with the end of a historical period. The subject alternative would arbitrarily omit a decade in the noted POS along with the noted eligible resources from this decade. Those eligible structures built in the 1960s are of the Contemporary and Ranch styles, both of which are representative of styles constructed in the 1950s. These omissions would have the potential of compromising any future attempts at recognizing those structures built in Del-Ida Park after 1959 as significant. Based on the emphasis provided in the report (also noted above) on the Contemporary-style and significance of Post-WWII development subsequent to 1959, the Board may find that it would not be appropriate to revise the recommended POS extension from 1970 to 1959, while reclassifying 38 structures built through 1959, and omitting the 10 identified structures built between 1960 and 1965. Alternative 4 As an additional alternative, Staff suggests that the Board consider extending the POS to 1965, as opposed to the recommended 1970. The reduction to 1965 would maintain the reclassification of 48 properties, as no potentially eligible properties were identified after 1965. It is likely that properties over 45 years old were not considered as it is common practice to evaluate resources up to 45 years old, and not younger unless compelling evidence noting its significance has been presented. For example, when Delray Beach designated its first four historic districts in 1988, the POSs for those districts were established at 1943, and those eligible structure built between 45 and 49 years prior were classified as contributing to those districts. While this practice may contradict the arbitrary interruption of a historical time period, Policy A-4.2 of the Comprehensive Plan's Future Land Use Element notes, "In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years." With this adopted policy to conduct surveys at least once every five years, it is unlikely that any potential historical resources within a designated historic district would be unprotected as they would be reviewed at least every five years. Further, the City's historic district records would be consistently up to date. In considering the suggested omission of 1965-1970 from the POS, this Policy would ensure that those years will be reviewed no later than 2014. Based on the justification noted in the report regarding the significance of Post-WWII development and the emphasis provided on the Contemporary-style, the Board may find it appropriate to adopt the recommended POS extension to 1965, and reclassify 48 structures as listed in Exhibit A. National Register of Historic Places (NRHP) As previously noted, the resurvey report recommends that the City seek application for listing of the Del-Ida Park Historic District on the NRHP. It should be emphasized that the subject Ordinance recognizes this recommendation but upon adoption the Ordinance will not automatically put forward an application for NRHP listing. Once the City is prepared to seek listing on the NRHP, additional steps will be required for application submittal which would include, but not be limited to, a workshop with property owners, and public hearings held by both the HPB and City Commission. COMPREHENSIVE PLAN Pursuant to LDR Section 2.4.5(M)(5), Findings, the City Commission must make a finding that the text amendment is consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan. Ordinance 09-08 amended the LDRs to provide for Section 4.5.1(N), Criteria for Change of Historic Classification. During the review period for Ordinance 09-08, the reviewing and/or approving bodies found the amendments to be in conformity with the City's Comprehensive Plan, as follows: • The Historic Preservation Board held a Public Hearing for Ordinance 09-08 at its August 6, 2008 meeting. • The Planning and Zoning Board held a Public Hearing for Ordinance 09-08 at its August 18, 2008 meeting. • The City Commission held a Public Hearing/First Reading for Ordinance 09-08 at its September 3, 2008 meeting, and a Public Hearing/Second Reading at its September 16, 2008 meeting. Therefore, the subject Ordinance may be found to be in compliance with the City's Comprehensive Plan as it is in compliance with LDR Section 4.5.1(M), Criteria for Change of Historic Classification. REVIEW BY OTHERS The CRA will review the subject Ordinance at its meeting of September 24, 2009, when a recommendation will be made to the City Commission. ALTERNATIVES 1. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1970, reclassification of 48 properties from Non-Contributing to Contributing. 2. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1970, and reclassification of 38 properties from Non-Contributing to Contributing. 3. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1959, and reclassification of 38 properties from Non-Contributing to Contributing. 4. Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. RECOMMENDATION Recommend approval to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, including extension of the Period of Significance to 1965, and reclassification of 48 properties from Non-Contributing to Contributing. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Exhibit A -Recommended Reclassifications • Del-Ida Park Historic District Map • Ordinance 15-09 with Attachments A and 8 EXHIBIT A -RECLASSIFIED PROPERTY LIST Address Year Style 412 NE 2n Avenue 1955 Ranch 503 NE 2n Avenue 1947 Streamline Moderne 706 NE 2n Avenue 1953 Frame Vernacular 524 NE 3~ Avenue 1947 Frame Vernacular 543 NE 3~ Avenue 1955 Contemporary 701 NE 3~ Avenue 1955 Contemporary 703 NE 3~ Avenue 1955 Minimal Traditional 209 NE 5 Court 1949 Frame Vernacular 215-217 NE 5 Court 1952 Contem ora 223 NE 5 Court 1947 Contemporary 225 NE 5 Court 1947 Masonry Vernacular 226-228 NE 5 Court 1953 Contemporary 10 NE 5 'Street 1963 Contemporary 14 NE 5 'Street 1963 Contem ora 18 NE 5 Street 1963 Contemporary 22 NE 5 'Street 1963 Contemporary 102 NE 5' Street 1964 Contemporary 106 NE 5' Street 1965 Contemporary 110 NE 5' Street 1965 Contemporary 215 NE 5' Street 1950 Contemporary 222 NE 5 Street 1953 Contemporary 202 NE 5 Terrace 1951 Masonry Vernacular 204 NE 5 Terrace 1947 Minimal Traditional 216 NE 5 Terrace 1949 Minimal Traditional 234-236 NE 5 Terrace 1954 Contemporary 238-240 NE 5 Terrace 1954 Contemporary 225 NE 5 Street 1948 Minimal Traditional 228 NE 5 Street 1952 Contemporary 10 NE 6 street 1947 Minimal Traditional 11 NE 6 Street 1947 Minimal Traditional 101 NE 6 Street 1949 Contemporary 110 NE 6 Street 1944 Minimal Traditional 116 NE 6' Street 1965 Ranch 14 NE 7 'Street 1965 Contemporary 102 NE 7' Street 1953 Minimal Traditional 113 NE 7' Street 1962 Contemporary 14 NE 8 Street 1948 Ranch 216 Dixie Boulevard 1947 Ranch 219 Dixie Boulevard 1950 Contemporary 220 Dixie Boulevard 1947 Ranch 227 Dixie Boulevard 1949 Ranch 228 Dixie Boulevard 1947 Minimal Traditional 240 Dixie Boulevard 1953 Contemporary 109 Fern Court 1954 Ranch 20 Lake Court 1952 Ranch 202 Palm Court 1948 Masonry Vernacular 531 North Swinton Avenue 1947 Masonry Vernacular 721 North Swinton Avenue 1956 Ranch Note: Shaded addresses are those properties omitted from reclassification in Alternatives 2 and 3. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.41-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.4.9(G)(3)(e)l.a, "Lot Coverage and Open Space", to allow the internal parking lot design landscape requirements to be credited towards the required 25% open space requirement within the Four Corners Overlay District. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 41-09. RECOMMENDATION Recommend approval of Ordinance No. 41-09 on second and final reading. ORDINANCE N0.41-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUS-SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO SE COUNTED TOWARD THE OPEN SPACE CREDIT; 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 September 21, 2009 and voted 7 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, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.9(G), "Supplemental District Regulations", Subsection (3), "Four Corners Overlay District", Sub-Subsection (e), "Standards Unique to the Four Corners Overlay District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (e) Standards Uniaue to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (1VIDP) including the perimeter landscaped boundary, shall be in open space. ~ ~ _ater bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Corners Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of helve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. 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 its passage on second and final reading. 2 ORD. N0.41-09 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 3 ORD. N0.41-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.41-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to Land Development Regulations (LDRs) that will allow required parking lot landscape areas to be counted toward meeting the minimum open space requirements of the Four Corners Overlay District. BACKGROUND The Four Corners Overlay District is located at the intersection of West Atlantic Avenue and Military Trail. It was created by the City Commission with the adoption of Ordinance No. 08-07 on March 20, 2007. One of the standards unique to the Four Corners Overlay District is that the minimum required open space measurement of 25% be achieved over and above landscape areas that are required to meet internal parking lot design requirements. It should be noted that this is the only area of the city where the Land Development Regulations do not allow parking lot landscape areas to be applied to the minimum open space requirement. When the guidelines were formulated to govern redevelopment of the Four Corners Overlay District, increases in commercial intensities, residential densities, and increases to the maximum allowed height were discussed. Comprehensive Plan and Land Development Regulations amendments were then processed to allow implementation of the vision, which anticipated that structured parking would be necessary to reach the desired development intensities. Because future redevelopment in this area envisioned such structured parking, allowing credit for areas devoted to landscape islands in surface parking lots did not seem realistic. Current redevelopment proposals in the Four Corners Overlay District, however, are not reflective of the ultimate intensity of development envisioned. While redevelopment projects are being presented that include additional floor area to allow for new businesses, and also include substantial upgrades to the existing building facades as well as parking lot and landscape improvements, these interim transitional types of redevelopment (as opposed to full intensity redevelopment) were not http://miweb001/AgendasBluesheet.aspx?ItemID=2686&MeetingID=220 10/13/2009 Page 2 of 2 initially envisioned when the Four Corners Overlay District was designed. These transitional-type projects are unfairly penalized under the current regulations which do not allow landscape islands to be credited toward the minimum 25% open space requirement as they are elsewhere in the City. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 41-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and fording that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2686&MeetingID=220 10/13/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.A. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION SECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBSECTION (3), "FOUR CORNERS OVERLAY DISTRICT", SUB- SUBSECTION (E), "STANDARDS UNIQUE TO THE FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE THAT CERTAIN AREAS ARE ELIGIBLE TO BE COUNTED TOWARD THE OPEN SPACE REQUIREMENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will allow required parking lot landscape areas to be counted in meeting the minimum open space requirement of the Four Corners Overlay District. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS This proposed amendment was previously reviewed and considered by the Planning and Zoning Board at their regular meeting on August 17, 2009. The Board voted unanimously to table the item to their September meeting. Concern was raised over not allowing "water bodies" to be included in the areas that could be applied to satisfy minimum open space requirements. The Board directed staff to determine if this was consistent elsewhere in the City. Staff has reviewed the definition of open space, and has determined that it does not allow "water bodies" to be applied to satisfy the minimum open space requirement. Following is the definition of Open Space as defined in Appendix A of the Land Development Regulations: All areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate open space areas (emphasis added). Water bodies are not allowed to be applied toward the minimum open space requirement anywhere in the City. However, as previously noted in the staff report on August 17, 2009, in all other areas of the city, open space calculations do allow the counting of internal parking lot landscape islands. Given the above, it would appear appropriate to allow the counting of parking lot landscaping, and not add water bodies to open space calculations to maintain overall consistency. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Four Corners Open Space REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.9(G), "Supplemental District Regulations", Subsection (E), "Standards Unique to the Four Corners Overlay District", to allow landscaping within parking lots to be counted toward meeting the minimum open space requirement, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed ordinance August 17, 2009 Planning and Zoning staff report 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.43-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for an adjustment in residential, nonresidential, and irrigation rates for FY 2010. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 43-09. RECOMMENDATION Recommend approval of Ordinance No. 43-09 on second and final reading. ORDINANCE N0.43-09 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(5), TO PROVIDE FOR AN ADJUSTMENT IN RATES FOR FY 2010; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water', Section 52.34, "Water Rates", subsection 52.34(5), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (5) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate lirrdts of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Residential Inside City Outside City Customer charge (per meter) 2.94 3.68 Capacity charge (charged to all 12.78 15.97 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption per 1,000 gallons) Zero to 3,000 gallons 4~5 0.00 ~ 0.00 4,000 to 2&98912,000 gallons 4-94 1.25 x.43 1.56 ~98~te-~5-0~ 13,000 to X14 2.00 ~ 2.50 25,000 gallons 3(-989 26,000 to 50,000 gallons 2~2 3.50 2~9 4.38 Above 50,000 gallons 2~5 4.50 3-34 5.63 Nonresidential and Irrigation Customer charge (per meter) 2.94 3.68 Capacity charge (based upon meter size): 3 /4-inch rr~eter 12.78 15.97 1-inch meter 21.32 26.64 1-1 /2-inch meter 42.53 53.16 2-inch meter 68.08 85.10 3-inch meter 149.03 186.28 4-inch meter 268.20 335.25 6-inch meter 596.02 745.03 8-inch meter 1021.62 1277.02 10-inch meter 1617.64 2022.05 Commodity charge (all metered consumption per 1,000 gallons) Nonresidential 4~5 1.94 2~ 2.43 Imgation 2.43 3.04 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 2 ORD. N0.43--09 Section 4. That this ordinance shall become effective immediately upon its passage on the second and final reading PASSED AND ADOPTED in regular session on second and final reading on this day of October, 2009. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. N0.43--09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.43-09 ITEM BEFORE COMMISSION Consideration of Ordinance No. 43-09 revising the City's rate structure for drinking water to provide for more effective water conservation and a more equitable distribution of user costs through modifications to blocks and rates that reward low volume users and provide a meaningful economic incentive for high volume users to reduce monthly drinking water use. BACKGROUND As a result of a recently completed cost of service analysis of the City's utility systems, staff is recommending revisions to the City's drinking water rate structure. The current rate structure does not provide an effective economic incentive for high volume water users to reduce monthly usage. Under the current structure, the average increase between blocks is $0.22 or roughly 11 %. With the lowest block rate set at $1.75, and the highest at $2.65, there is minimal economic incentive for high volume users to reduce use and, conversely, little reward for low volume users to continue their consumption behavior. In addition, the rate for strictly irrigation accounts is a flat charge per 1,000 gallons of metered use regardless of the magnitude of use and is included in the nonresidential customer class. The proposed rate structure averages $1.08 increase between blocks, or roughly 55%. In addition, the initial block of 0 - 3,000 gallons is included in the base fixed rate to assist those customers on fixed incomes. A supplementary block has been established between 3,000 and 12,000 gallons to coincide with the cap on sewer charges above which flow it can generally be assumed that usage is predominantly for landscape irrigation. Based on historic flows, it is anticipated that almost 80% of the City's residential customers will see their water bills decrease under the new structure. The irrigation rate for drinking water connections has been extracted from the nonresidential category to avoid the unintended consequence of negative effects on nonresidential customers as a result of the new rates. The irrigation rate remains a flat rate, but is increased by a factor of 25%. Our model reflects that a 20% reduction in irrigation use for customers with irrigation accounts will negate the impact of the rate increase. Other than the increase in the irrigation rate, the rate structure revisions result in a revenue neutral http://miweb001/AgendasBluesheet.aspx?ItemID=2682&MeetingID=220 10/13/2009 Page 2 of 2 change. The City will receive no significant additional revenues to the Water & Sewer Fund as a result of the residential rate revisions. RECOMMENDATION Staff recommends approval of Ordinance No. 43-09 on first reading. http://miweb001/AgendasBluesheet.aspx?ItemID=2682&MeetingID=220 10/13/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE NO.44-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to adopt an ordinance amending Chapter 59, "Reclaimed Water", of the City Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges". BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 44-09. RECOMMENDATION Recommend approval of Ordinance No. 44-09 on second and final reading. ORDINANCE N0.44-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, SY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.09, "FEES, RATES AND CHARGES", TO PROVIDE FOR A RATE STRUCTURE IN THE RETAIL CUSTOMER RATE FOR RECLAIMED WATER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there is currently one fee for the use of reclaimed water by a retail customer; and WHEREAS, the City Commission desires to provide for a rate structure for the use of reclaimed water by a retail customer that will set forth different rates depending on the amount of reclaimed water usage. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 59, "Reclaimed Water'', Section 59.09, "Fees, Rates and Charges" is hereby amended to read as follows: Sec. 59.09 FEES, RATES AND CHARGES. (A) Qiarges for reclaimed water use will be based on metered flows and will be billed on a monthlybasis per one thousand (1,000) gallons in accordance with the following schedule: 1. Retail customer rate ........ ~:9~0 to 25,000 Gallons $1.00 26,000 to 50,000 Gallons $2.00 Above 50,000 Gallons $2.50 2. Wholesale customer rate .... 0.28 (S) Meter installation charges, when applicable, shall be as listed in Chapter 52, Section 52.32. (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(5). Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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 its passage on the 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. NO. 44-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.44-09 ITEM BEFORE COMMISSION Consideration of Ordinance No. 44-09 revising the City's rate structure for retail reclaimed irrigation water service to provide for a conservation incentive based on monthly volume of use. BACKGROUND As a result of a recently completed cost of service analysis of the City's utility systems, staff is recommending revisions to the City's retail reclaimed irrigation water rate structure. The current rate structure is a flat fee per 1,000 gallons of use regardless of the volume used. The revised rate structure creates a three tiered block rate structure to encourage conservation of the reclaimed water resource. While reclaimed water is a renewable and sustainable resource for irrigation water, it is a finite resource limited to the City's fair share of the capacity at the South Central Regional Wastewater Treatment & Disposal Board treatment plant. RECOMMENDATION Staff recommends approval of Ordinance No. 44-09 on first reading. http://miweb001/AgendasBluesheet.aspx?ItemID=2684&MeetingID=220 10/13/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE NO.50-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations (CDR) Section 4.3.3, "Special Requirements for Specific Uses", by enacting Subsection (CELL), "Medical Offices", to provide clarification regarding dispensing of narcotic drugs, and amending Appendix "A", to provide for definitions related to the regulation of medical offices. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 50-09. RECOMMENDATION Recommend approval of Ordinance No. 50-09 on second and final reading. ORDINANCE NO. 50-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, SY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety, and welfare of its residents, businesses, and visitors to enact regulations to provide for safer residential and commercial neighborhoods in the City; and WHEREAS, the City Commission finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety and welfare of the residents of the City; and WHEREAS, the City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distnbution has been associated with pain management clinics in neighboring municipalities, which dispense on site narcotic drugs; and WHEREAS, the City Commission has also been made aware of numerous newspaper stories in the recent past descnbing a "pipeline" of trafficking drugs from South Florida pain management clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and WHEREAS, the threat of increased crime associated with such clinics, is very significant and could undermine the economic health of the City`s development and redevelopment efforts; and WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution and activities by the creation of a secure and privacy-protected, statewide electronic system of monitoring prescription drug medication information, to encourage safer controlled substance prescription decisions and to reduce the number of prescription drug overdoses, deaths and related crimes; and WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate medical use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at medial offices, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispersed, the Cites residents, visitors and businesses are more vulnerable to criminal actions, despite the provision of law enforcement services; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviev\ed the proposed text amendment at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Soarcl, 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, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions",of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follow: BUSINESS OFFICE Any commercial activity conducted primarily in an office, which does not involve the sale of commodities or goods on the premises. This definition does not include a Medical Office. MEDICAL OFFICE but not limited to technicians and assistants, who are acting Linder the supervision and control of a licensed health care practitioner. PHARMACY shall mean a retail establishment primarily offering_~oods for retail sale and on site dispersing of rescri tion nonprescri hp ~on dru,~s or both. A retail pharmacy may also offer accessory services such as photo processir~ e~~lass care, etc. 2 ORD. NO. 50-09 PROFESSIONAL OFFICES includes those vocations in which professed attainmealts in special lmowledge are practiced as distinguished from mere skills, and shall be limited to those professions so classified by the Laws of Florida, and which are conducted as professions and not as a trade or other business. PROFESSIONAL OFFICES do not include offices for the treatment of animals on the premises. This definition does not include a Medical Office. Section 3. That Section 4.3.3, "Special Requirements for Specific Uses ',of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended by enacting Subsection 4.3.3 (CELL), "Medical Offices", to read as follow: (CELL) Medical Offices: (1) Applicability Medical Offices shall be subiect to the following that particular treatment session (ii) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (iii) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (iv) A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispersing aone-time, 72-hour emergency resupply of a controlled substance to a patient. (2) A al. An meal from an administrative determination or board action, excluding the to the requirements listed in Section 2.4.7(E the applicant shall also list the following (a) If the applicant is a potential claimant under a federal or state law; and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state law The laws the City has alle dly violated shall be identified ORD. NO. 50-09 (a) On site dispersing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03 893.035 or 893.036, Florida Statutes, is prohibited unless otherwise Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 50-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.50-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide a new definition for "Medical Offices" and that includes Special Requirements that regulate medical offices dispensing controlled substances. BACKGROUND Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of medical office uses include examinations by doctors and, should prescriptions be required, they would be filled off-site at a local pharmacy. Recently, "pain management clinics" have been established which provide not only the prescriptions, but also fill the prescriptions on-site. Following are highlights of the proposed ordinance: 1. The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines). 2. Clarifies that the existing definitions of Professional Offices and Business Office do not include Medical Offices. 3. Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule II, III or N in Sections 893.03, 893.035 or 893.036, Florida Statutes except as follows: . A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. . A pharmacist or health care practitioner when administering a controlled substance to a patient or http://miweb001/AgendasBluesheet.aspx?ItemID=2688&MeetingID=220 10/13/2009 Page 2 of 2 resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. . A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. . A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. . A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. 4. A relief option (appeal process). REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. They conditioned their recommendation to require that the definition of "dispensing" be clarified. This has been achieved through an expanded exceptions area as noted above. The Downtown Development Authority (DDA) reviewed the ordinance at their meeting on September 21, 2009 and recommended approval with the following conditions: . That the City seeks the opinion of the Attorney General of the legality of this ordinance. . That the City contacts the legislative delegation and recommends state-wide legislation. . That the City explores the possibility to make this a nuisance activity (or some other prohibition) so that it is strengthened and not merely a matter of zoning. The Community Redevelopment Agency (CRA) reviewed the ordinance at their meeting on September 24, 2009 and did not support the amendment. They questioned the legality of regulating trade in this way and the basis for doing the amendment (i.e. newspaper articles, etc.). The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009 and the West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. The recommendations of those Boards will be presented at second reading. RECOMMENDATION By motion, approve Ordinance No. 50-09 on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2688&MeetingID=220 10/13/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (CDR), BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION (CELL), "MEDICAL OFFICES", TO PROVIDE FOR CLARIFICATION REGARDING THE DISPENSING OF NARCOTIC DRUGS; AMENDING APPENDIX "A" TO PROVIDE FOR DEFINITIONS RELATED TO THE REGULATION OF MEDICAL OFFICES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that provides a new definition for "Medical Offices" and includes Special Requirements that prohibits medical offices from dispensing controlled substances. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The City Commission has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with pain management clinics in neighboring municipalities. There has also been an increase in local advertising for pain management clinics, including references to drugs sold on-site in alternative weekly newspapers, and also on fliers left at bus benches and on billboards. Also, several South Florida pain management clinics have been associated with a "pipeline" of drug trafficking that has lead to illegal drug use in other states, such as Kentucky, West Virginia and Ohio, according to recent newspaper articles. If located within the City, these types of uses would currently fall under Medical Office use. Medical Office uses are allowed in various zoning districts within the City, including General Commercial, Central Business District, Planned Office Center, Professional and Office District, Planned Commercial Center, and the Mixed Residential Office and Commercial District. Normal operations and expectations of this medical office use include examinations by doctors and, should prescriptions be required, they would be written and filled off-site at a local pharmacy. The "pain management clinics" provide not only the prescription, but also fill the prescription on-site. Following are highlights of the proposed ordinance: The ordinance introduces a new definition for Medical Office, which includes services normally associated with medical offices (examinations and prescribing of medicines) and will prohibit dispensing of specific medicines at the office. Clarifies that the existing definitions of Professional Offices and Business Office do not include Medical Offices. Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Pain Management Clinics • Special Requirements are added for Medical Offices that prohibit on-site dispensing of controlled substances identified in Schedule II, III or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes. • A relief option (appeal process) is added in the proposed ordinance. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following applicable objective and policy are identified: Future Land Use Element Objective A-2 Reduce, and eventually eliminate, uses which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development. Policy A-2.3 Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council The following advisory boards will review the proposed amendment and their recommendations will be forwarded to the Planning and Zoning Board and/or City Commission, as follows: The Downtown Development Authority will review the ordinance at their meeting on September 21, 2009. The Community Redevelopment Area will review the ordinance at their meeting on September 24, 2009. The Pineapple Grove Main Street committee will review the ordinance at their meeting on October 7, 2009. The West Atlantic Redevelopment Coalition will review the ordinance at their meeting on October 14, 2009. 2 Planning and Zoning Board Meeting, September 21, 2009 LDR Amendment -Pain Management Clinics ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", by enacting subsection (CELL), "Medical Offices", to provide for clarification regarding the dispensing of narcotic drugs; amending Appendix "A" to provide for definitions related to medical offices, professional offices, business office and pharmacy, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Proposed ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE NO.51-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city initiated amendment to the Land Development Regulations (LDR) amending Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", to provide for the establishment of new fees and increases to certain existing fees. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 51-09. RECOMMENDATION Recommend approval of Ordinance No. 51-09 on second and final reading. ORDINANCE N0.51-09 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 2.4.3, 'SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES" TO PROVIDE FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES RELATED TO PERMITTING AND PLAN REVIEW; 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 September 21, 2009, and voted 7 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 2.4.3, "Submission Requirements", Subsection (K), "Fees', of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follow: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendmealt $ 2,625 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ 1,160 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (f) Conditional Uses, New Application $ 1,575 Modification requiring Soard Review $ 640 (g) Master Plans $ 1,275 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(5)] $ 640 (i) Similarity of Use $ 320 (j) Site Plan Review Class I (Non Impacting Modification) $ 115 Class II (Non Impacting with Soard Review) $ 240 Class III (NTinor Modification) $ 580 (1) Class IV (Major Modification) $ 960 (1) Class V (New Submission) $ 1,275 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 60 Class II Site Plan Modification $ 120 Class III Site Plan Modification $ 290 Class IV Site Plan Modification $ 455 Class V Site Plan $ 640 Master Development Plan $ 640 Master Development Plan modification (5) Conditional Use $ 790 Conditional Use Modification $ 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 2 ORD. NO. 51-09 (1) Plats NTinor Subdivision $ 960 (1) Major Subdivision $ 1,920 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 790 General Easements $ 390 Specific E asements $ 195 (n) Master Sign Program $ 160 (o) Variances Board of Adjustment $ 525 Historic Preservation Board $ 250 (p) Formal interpretation by the Board of Adjustment (per item) $ 65 (q) Certificate of Appropriateness by Board (14) NTinor Development $ 60 (2) Major Development $ 555 (r) Certificate of Appropriateness byStaff $ 0 (13) (s) Request for Historic Designation $ 60 (per property) Request for Qiange of Historic Designation or Classification $ 60 (per properly) (t) Hearingbefore the Board of Adjustment (per item) $ 65 (u) Temporary Use Request involving City Commission $ 140 Action (v) Water Service Agreement Request - - without concurrent site plan $ 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Qiange $ 1,575 (x) Waivers and Internal Adjustments $ 140 per request (6) $ 265 per request (7) (y) Appeals by Applicant $ 355 (8) 3 ORD. NO. 51-09 (z) Advertising (aa) Zoning Verification Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Seach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In Lieu Of and Public Parking Fee Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review] Ad Valorem Tax Exemption (Review after CO received for approved development) (ee) Re-submittal Fee will be charged on the 3rd and subsequent re-submittals (ff) Legal Review of Documents (per document) (gg) Applicant's request for Postponement/Continuance (per request) (hh) Stand Alone Sars (per request) (9) $ 60 $ 130 plus $35 per hr in excess of 2 hrs $ 1,560 (1) $ 240 (10) $ 0 $ 60 $ 200 (15) $ 150 $ 75 $ 50 (ii) Automatic Extension Reauests (per Senate Sill 360) $ 100 (12) NOTES: (1) Plus an additional fee of $100 per acre, (or fraction thereof), beginning at 3.01 acres; or $100 for each new 10,000 sq. ft. (or fraction thereof) above 100,000 sq. ft. of non residential or mixed use floor area; or $50 for each new 10 residential units (or fraction thereof) above 100 units, whichever is greater, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Seach County, payable to Palm Seach County. (4) Fee maybe waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that mould apply for site plan modification 4 ORD. NO. 51-09 (6) For requests made during the site plan /master plan reviewprocess. (7) For requests made subsequent to the site plan /master plan reviewprocess. (8) Includes appeals of both administrative decisions and Soard actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant. (12) T~ fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. (15) Re-submittal fees are only assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. (2) Plan Check Fees: (a) The Plan Check fee shall be paid when plans are submitted to apply for the applicable permit. The fee shall be equal to one-half (1 /2) of the permit fee [see item (3)]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non refundable. (b) A QZange to Plans or Shop Drawings Fee of $75 ner discipline for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application (c) A Master Plan Submission Fee of $1,500 shall be paid when the Master Plan for a project is submitted and is for Plan Review It is not part of the permit fee and is non refundable. (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: ORD. NO. 51-09 -- one acre $ 100 and $10 for each additional acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g Tents) (d) NTitigation Verification Affidavit (e) Work in the Public Right-of-way (f) Renewal/Extension of Permit (g) Signs and Signing Application Fee Permit Fee, non electric Permit Fee, electric Banner Permit $ ~5 30 $ 15 $ 150 $ 25 $ 2 / sq.ft. /face $ 20 Plus $ 2 / sq.ft. /face $ 50 each (h) Permits for newbuildingS and additions which include all the following items: Building Permit Electrical Permit Plumbing Permit Mechanical Permit Roofing Permit For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: 6 ORD. NO. 51-09 -- 1VTinimum fee of: $ 50 and $ 20 per each additional $1,000 of value, or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, imgation: For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 40 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: -- 1VTinimum fee of: $ 40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor (j) Permits for sub trade work including, but not lirrdted to: Site work Structural Pest Control Underground Fuel Tanks General Construction Subcontracts for General Construction For permit activityvalued at $1,000 or less: -- 1VTinimum fee of: $ 50 -- Plus: $ 30 per required inspection -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor For permit activityvalued at $1,001 or more: -- 1VTinimum fee of: $ 50 -- Plus: $ 40 for each $1,000 of value or fraction thereof -- Plus: $ 50 per reinspection (1) -- Plus: $100 /each change of contractor (lc) Moving of a building or structure: $ 400 7 ORD. NO. 51-09 (1) Demolition of single family residence: $100 Demolition of commercial structure: $ 250 for every 5,000 sq. ft. Demolition of commercial accessorybuilding. $150 per building Interior demolition for single family & commercial only; non structural: $200 (m) Drilling or Driving a Potable well: $ 70 (n) Q~ange-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. NTinor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, imgation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $ 50 Value greater than $1,000 per normal permit (o) Certificate of Occupancy. -- Conditional Certificates: $ 700 (p) Penalty for failing to call for a final inspection: $100 (q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescnbed herein. (r) All service stations, grocery stores, kidney dialysis centers, pham~acies, residential buildings with elevators, country clubs and/or clubhouses in residential commLUlities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived (s) Construction Trailer. $250 each plus sub trade permits (t) Sales Trailer: $750 each plus sub trade permits. (u) Accessory Buildings: Pre-Fab: e Up to 36 sq. ft: $50 + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per required inspection ORD. NO. 51-09 37 sq. ft. and above: $150 + $20 per required inspection (v) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 (w) Electrical Temp for Test" 30-day Power Release: Up to 2,000 sq. ft. $100 2,000 sq. ft. to 5,000 sq. ft. $150 5,001 sq. ft. to 50,000 sq. ft. $200 50,001 sq. ft. and over $300 (x) Floor Zone Determination $25 per property (~) Foundation Only Permit $1,200 single family $2,000 multi-family $3,000 commercial (z) Foundation Prep Work Only $300 residential $500 commercial (aa) Interior Build Out (pre-permit) $250 residential $350 commercial (bb, E arly Submission Fee 200 each (pre-certified site plan) (cc, Lost/Replacement Plans $150 plus printing costs (dd) Medical Gas Installation $80 minimum/each (ee) Custom Bathtub Inspection 200 each (ff) Open Perrrnt/PropertySegrch $15 per request (~~) Overtime Inspections $100 /hr 4 hr minimum) NOTE (1): Reasons necessitating additional inspection fees include, but are not lirrdted to: The work, or correction to previously inspected work, does not meet code requirements; 9 ORD. NO. 51-09 An incorrect address is on the application by action of the applicant; The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection (4) Impact and Connection Fees: Impact and connection fees are paid at the time of issuance of a residential building permit or at the time of connection to the water or suer system, as applicable. (a) In lieu of Park Dedication Fee (residential development) [see Section 5.3.2(C)(1)] $500 per unit (b) Traffic Impact Fee: This fee shall be assessed pursuant to the Palm Seach County Traffic Impact Fee ordinance and shall be collected by the City at the time of issuance of appropriate building permits. (c) County Imposed Impact Fees: The following impact fees have been imposed Countywide by the Palm Seach County Commission. These fees shall be in the amount as established by that Commission and are to be paid at the time of issuance of building permits. -- Schools -- Regional Recreation Facilities (partial) Countywide fees which are not imposed due to the provision of services by the City of Delray Seach are: -- Local and Community Facilities -- LawEnforcement Facilities -- Fire and Emergency Medical Facilities -- Library Facilities (d) Water System Connection Fees: Refer to Section 52.31, City Code of Ordinances, for water system connection fees. Meter Installation QZarge: Refer to Section 52.32, City Code of Ordinances, for meter installation fees. (e) Suer System Connection Fees: Refer to Section 53.130(5), City Code of Ordinances, for residential and commercial sewer system connection fees. 10 ORD. NO. 51-09 (5) User Fees: User charges and storm water assessments are applied through monthly billings by the City. (a) Water System User Fees: See Chapter 52 of the Code of Ordinances of the City of Delray Beach, Florida (b) Storm Water Drainage Utility Fee: This fee is variable depending upon the type of use and amount of impervious area associated with its development. Please refer to Section 56.16 of the City Code for further information. (c) Sever System User Fees: See Chapter 53 of the Code of Ordinances of the City of Delray Beach, Florida. (6) Delray Beach Fire-Rescue Departmealt Fees: (a) The following formula, which is based on the valuation of the proposed v~rk, shall be used to determine plans review fees. $0.00 up to QZarge 0.5% total valuation of v~rk With a minimum of 9998 X9:99 50.00. (This v~rks out to $5.00 per thousand $100,000.00 dollars of value.) ~~~ nn~ .nn +,. C1large ~1y,rz-svv 00.00 for the first 9898 ~99;99~99 $100,000.00 and then charge 0.25% of the balance of the $100,001.00 to value. $250,000.00 ~99;99~~9~e QZarge ~ 1~z.w 75.00 for the first ~98;98~98 ~599;999:~9 $250,000.00 and then charge 0.125% of the balance of $250,001.00 to value. $750,000.00 +~-,,, ~,.,~,,,, F,.,. +~-,,, ~-,.,~.,,-,,,,, ~ ~599;99~~9~e QZarge ~1~ 1500.00 for the first ~599;99~99 ~999;999~9 $750,000.00 and then charge 0.0625% of the balance of the $750,001.00 to value. $2,000,000.00 ,.,~,,,, F,.,. +~-,,, ~-,.,~.,,-,,,,, ~ QZarge ~1 rl~rrww 2 281.25 for the first two rrullion and ~99~;999~ then charge 0.03125% of the balance of the value. $2 001 000 00 d , . an , up (b) Set forth below are examples of valuations and estimated correlating fees. 11 ORD. NO. 51-09 ESTIMATED VALUATION PLAN REVIEW FEES X4;999:99 10 000.00 and under $ 2&99 50.00 $ 100,000.00 $ ~9 500.00 $ 200,000.00 $ 437-.~9 750.00 $ 300,000.00 $ ~9 937.50 $ 400,000.00 $ X91,062.50 $ 500,000.00 $ X91,187.50 $ 600,000.00 $ X991,312.50 $ 700,000.00 $ X91,437.50 $ 800,000.00 $~9 9~991,531.25 $ 900,000.00 $z n~ v~5v 1,593.75 $1,000,000.00 ~1 r1y~rz zsvv 1,656.25 $1,100,000.00 ~1 r1y~rz v~ 1,718.75 $1,200,000.00 $ 991,781.25 $2,100,000.00 2 281.25 (c) Design Review A fee of €{$599) one hundred ($100.00) dollars will be charged for design review of drawings or specifications. This amount shall not be refunded (d) Civil Drawings. A fee of . ~ one hundred ($100.00) dollars will be charged for the plans review of all civil drawings. (e) Plan Revisions. The following fees shall apply to the various revisions and related services: 1. Pre-Permit NTinor Revision No charge. 2. Pre-Permit Major Revision: 10% of the original fee. 3. Post-Permit Revision: $5.00 per page, with a minimum fee of $20.00, except when value increases (then see schedule). 4. Restamp: $2.50 per page with a minimum fee of $10.00 5. Invalid Permits: 30% of the original fee. If construction has commenced, payment of a fee for the remaining construction is based on the 12 ORD. NO. 51-09 original schedule. (f) Water Flow Tests. A fee of . ~ one hundred fift~$150.00) dollars shall be paid for all flow tests performed byDelray SeachFire-Rescue on wet hydrants. (g) Fire Watch A fee equal to the overtime cost incurred by Delray Seach Fire- Rescue shall be paid for any Fire Watch (as defined by the Florida Fire Prevention Code) required by the Florida Fire Prevention Code or by the Fire-Rescue Departrr~ent. (h) Fire Departmealt Survey (Water Supply). There shall be a twenty-five ($25.00) dollar charge for any survey conducted by Delray Seach Fire-Rescue to establish the adequacy of water supply, distance to closest fire station, and/or any other pertinent insurance information. (i) Permits for Fire-Related Operations. There shall be a twenty-five ($25.00) dollar permit charge for hazardous operations included in Section ~6 1.12.20 of the Florida Fire Prevention Code, and identified by Delray Seach Fire-Rescue as requiring a permit. (7) Other Development Related Fees: (a) Radon Detection Fee: $ .01 per sq.ft. of the improvement (8) Exc 'ons: (a) Application and permit fees shall not apply to requests initiated by the City, any agency of the City, or by other units of govemmealt. (b) Waiver of payment of development application, plan check and permit fees may be granted by the City Manager upon a written request from eligible non profit and service organizations. Those organizations eligible for waiver consideration are: 1. Non profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501C(3) designation from the State of Florida 2. Service organizations which elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required 13 ORD. NO. 51-09 (c) The waiver of fees is applied in the following manner: 1. Fees assessed Linder Section 2.4.3(x)(1), Development Applications, 100% of assessed fees maybe waived 2. Fees assessed under Section 2.4.3(x)(2) and (3), Plan Check and Permit Fees, no more than 70% of the assessed fees maybe waived 3. All fees maybe waived for the use of the Cites portable stage when used in conjunction with special event activities and activities held at City facilities. 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 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 14 ORD. NO. 51-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.51-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Sections 2.43(K), to provide for the establishment of new fees and increases in certain existing fees. BACKGROUND Senate Bill (SB) 360, provides for the extension of any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012. The Bill further applies this extension to include any related local government-issued development order or building permit, providing a written request for an "automatic" two-year extension is made to the authorizing agency no later than December 31, 2009. The amendment proposes a processing fee of $100.00 for the requests to cover review from the local government and preparation of approval correspondence. This amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Additionally, the proposed amendment also provides for increases in the Fire-Rescue plan review fee schedule. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. No one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. After the September 21 Planning and Zoning Board Meeting, a correction was made to the proposed water flow test fee to change the new amount to $150 rather than $100. http://miweb001/AgendasBluesheet.aspx?ItemID=2689&MeetingID=220 10/13/2009 Page 2 of 2 RECOMMENDATION By motion, approve on first reading Ordinance 51-09 for a City initiated amendment to the Land Development Regulations Section 2.43(K), to establish new fees and modify others, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 51-09 Planning and Zoning Board Staff Report of September 21, 2009 http://miweb001/AgendasBluesheet.aspx?ItemID=2689&MeetingID=220 10/13/2009 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 21, 2009 AGENDA NO: IV.D AGENDA ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SUB-SECTION 2.4.3(x) "FEES", SUB-SUBSECTION (1) "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (2] "PLAN CHECK FEES", SUB-SUBSECTION (3) "PERMIT FEES", AND SECTION 6.3.3 "SIDEWALK CAFE, SUB-SECTION 8.3.3{A) "PERMIT AND FEES", PROVIDING FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES. ITEM BEFORE THE'BOAR© ;_. __ --- --- The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to the Land Development Regulations (LDRs) to provide an application processing fee for "automatic" extension requests, the creation of new permit fees and increases in certain plan check fees pursuant to LDR Section 2,4.5(M). 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 AND ANALYSIS In conjunction with Senate Bill (SB) 360, approved on June 1, 2009, any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012 is extended and renewed for a period of two {2) years. The Bill further applies this extension to include any related local government-issued development order or building permit. Written requests for an "automatic" two-year extension must be made to the authorizing agency no later than December 39, 2009. Such requests necessitate review from the local government and preparation of approval correspondence. As such, it is appropriate that a processing fee be assessed to cover staff's review costs. The amendment proposes a fee of $100.00 for each "automatic" extension request. The amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Finally, a late renewal fee is established for delinquencies on sidewalk cafe permit fee renewals. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Staff Report -September 21, 2x09 LDR Text Amendment -Pertaining to Development Applications, Plan Check and Permit Fees - RECOIVIMENDE©ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 2.4.3(K)(1)(2)&(3) and Section 6.3.3 to establish new fees and modify others, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.52-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance authorizing the creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 52-09. RECOMMENDATION Recommend approval of Ordinance No. 52-09 on second and final reading. ORDINANCE N0.52-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICTS SY THE ENACTMENT OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 163.501, F.S., through Section 163.526, F.S., also lmown as the Safe Neighborhood Improvement Act (the "Act" ), provides a mechanism whereby local governmealts may create certain types of neighborhood improvement districts; and WHEREAS, the expressed purpose of such districts are to "promote the health, safety, and general welfare of [those] areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve properly values and preserve and foster the development of attractive neighborhood and business environments; to prevent overcrowding and congestion; to improve or redirect automobile traffic and provide pedestrian safety; to reduce crime rates and the opportunities for the commission of crime; and to provide improvements in neighborhoods so they are defensible against crime"; ancl, WHEREAS, the Act provides a multi step process to create a Neighborhood Improvement District, beginning with the adoption of a local planning ordinance by a municipality authorizing the creation of a specific type of district; and WHEREAS, subsequent to the adoption of this local planning ordinance, the City Commission anticipates the consideration and adoption of a second ordinance providing for the actual creation of a Local Govemmealt Neighborhood Improvement District pursuant to Section 163.506, F.S.; and WHEREAS, the City Commission finds the adoption of a local planning ordinance as the first step towards the creation of Local Government Neighborhood Improvement District to be in the best interests of the citizens and residents of the City. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed local planning ordinance at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Soarcl, sitting as the Local Planning Agency, has deternuned that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The City Commission of the City of Delray Beach, Florida hereby adopts this local planning ordinance pursuant to Chapter 163, Florida Statutes, authorizing the creation of Neighborhood Improvement Districts within the City. The City hereby further specifically authorizes the creation of a Local Govemmealt Neighborhood Improvement District pursuant to Section 163.506, F.S. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared 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 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. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD N0.52-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: October 1, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.52-09 ITEM BEFORE COMMISSION The item before the commission is approval of an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Fla. Statute 163.506. If passed, individual districts could then be created by separate ordinances. BACKGROUND The creation of a neighborhood improvement district has been discussed as a possible solution to address unique situations like funding of ongoing maintenance of neighborhood improvements like those installed as part of Strategic Task Team neighborhood action plans. This can become a valuable tool particularly for neighborhoods who are required to maintain common elements or improvements and have only voluntary homeowners association without reliable budgets. One such example is Chatelaine subdivision. In 2008, the City finished installation of $150,000 of improvements associated with a Strategic Task Team neighborhood action plan. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then became the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues. The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately $10,000 annually. The association has now turned to the City for help. As it would be inappropriate for the City to assume maintenance of these types of improvements within individual neighborhoods, the City has explored alternatives including the creation of these neighborhood improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood improvements. If passed, individual districts could then be created by separate ordinances. These ordinances would include the boundaries, size and name of the district, establish governing procedures, authorize the district to receive planning grants from the state, and allow the local government to levy an ad valorem http://miweb001/AgendasBluesheet.aspx?ItemID=2696&MeetingID=220 10/13/2009 Page 2 of 2 tax on real and personal property up to 2 mills annually for implementation of associated district improvements. REVIEW BY OTHERS 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 general nature of the proposed text amendment. With the creation of individual districts, more specific notification and input will be sought. The Planning and Zoning Board reviewed the ordinance at their meeting of September 21, 2009. After expressing concerns over potential abuses (passing on additional tax burdens via this vehicle rather than general tax revenue processes where additional scrutiny is rendered) and a general reluctance to create any additional tax burdens, they unanimously recommended denial of the request on a 7-0 vote. RECOMMENDATION By motion, approve on first reading Ordinance No. 52-09, authorizing the creation of local government neighborhood improvement districts as identified under Florida Statute 163.506, 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). http://miweb001/AgendasBluesheet.aspx?ItemID=2696&MeetingID=220 10/13/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.H. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.53-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.6.7, "Signs", Subsection 4.6.7(H)(10)(b), "Sponsorship Signs", providing and clarifying related standards. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 53-09. RECOMMENDATION Recommend approval of Ordinance No. 53-09 on second and final reading. ORDINANCE N0.53-09 AN ORDINANCE OF THE CITY COMNi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.7, "SIGNS", SUBSECTION 4.6.7(H)(10)(b), "SPONSORSHIP SIGNS", IN ORDER TO PROVIDE STANDARDS FOR SAME; PROVIDING A SAVING CLAUSE, A GE NE RAL 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 September 21, 2009 and voted 7 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 Section 4.6.7, "Signs", Subsection 4.6.7(H)(10)(b), "Sponsorship Signs", of the Land Development Regulations of the City of Delray Beach, Florida, are hereby amended to read as follow: (b) Sponsorship Signs 1. Sponsorship signs maybe attached to the inside face of the fence surrounding the field at any ball snorts field within the City so long as the advertising on the signs is not visible outside of the sports field area. ~'~-~~ "~~~-~'~ ~ er~~~ 2. Each sponsorship sign shall not exceed thirty-tom square feet (32 sq. ft.). 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. MAYO R ATTEST City Clerk First Reading Second Reading 2 ORD. NO. 53-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 30, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.53-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations (LDRs), Section 4.6.7 (H)(10)(b), "Sponsorship Signs", to provide and clarify the related standards for sponsorship signs. BACKGROUND Last year, during the merger negotiations of the two Little League organizations operating within the City of Delray Beach into one organization, the difficulties of maintaining and adequately funding the associated budget was highlighted. Since sponsorship and related advertising opportunities at the ball fields themselves provide a unique opportunity to creatively generate this needed revenue, the City amended the sign code to add regulations for "Sponsorship Signs." The amendment, which allows the signs to the installed on the outfield fence of any ball field from March 1st through December 1st of each year, was approved by the City Commission on April 1, 2008 via Ordinance No. 13-08. The proposed amendment to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", will allow sponsorship signs to be placed on the fences surrounding any sports fields within the city as long as the advertising is not visible outside the sports field area. This will allow organizations of other sports, such as soccer and football to also take advantage of this opportunity to raise revenue. Since these other sports have different seasons than little league baseball, the date restriction has also been removed. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 21, 2009. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. No one from the public spoke on this item. http://miweb001/AgendasBluesheet.aspx?ItemID=2681 &MeetingID=220 10/13/2009 Page 2 of 2 RECOMMENDATION By motion, approve on first reading Ordinance No. 53-09 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=2681 &MeetingID=220 10/13/2009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 21, 2009 AGENDA NO: IV. F AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.6.7 "SIGNS", SUBSECTION 4.6.7(H)(10)(b) "SPONSORSHIP SIGNS", PROVIDING AND CLARIFYING RELATED STANDARDS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", pursuant to LDR Section 2.4.5(M). 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 AND ANALYSIS Last year, during the merger negotiations of the two Little League organizations operating within the City of Delray Beach into one organization, the difficulties of maintaining and adequately funding the associated budget was highlighted. Since sponsorship and related advertising opportunities at the ball fields themselves provide a unique opportunity to creatively generate this needed revenue, the City amended the sign code to add regulations for "Sponsorship Signs." The amendment, which allows the signs to the installed on the outfield fence of any ball field from March 1St through December 1St of each year, was approved by the City Commission on April 1, 2008 via Ordinance No. 13-08. The proposed amendment to Section 4.6.7 (H)(10)(b) "Sponsorship Signs", will allow sponsorship signs to be placed on the fences surrounding any sports fields within the city as long as the advertising is not visible outside the sports field area. This will allow organizations for other sports, such as soccer and football to also take advantage of this opportunity to raise revenue. Since these other sports have different seasons than little league baseball, the date restriction has also been removed. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 4.6.7 "Signs", Subsection 4.6.7(H)(10)(b) "Sponsorship Signs" to provide and clarify the related, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.56-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to adopt a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe", Subsection (A), "Permit and Fees", to establish a late renewal fee for sidewalk cafe permits. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 56-09. RECOMMENDATION Recommend approval of Ordinance No. 56-09 on second and final reading. ORDINANCE NO. 56-09 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 6.3.3, "SIDEWALK CAFE", SUBSECTION (A), "PERMIT AND FEES" TO CLARIFY THE COST OF THE SIDEWALK CAFE PERMIT AND TO ENACT A LATE RENEWAL FEE CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHERF__.AS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 21, 2009, and voted 7 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 6.3.3, "Sidewalk Cafe", Subsection (A}, "Permit and Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {A) Permit and Fees: It shall be unlawful fox any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, frorza the City pursuant to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 34~'. Any new permit application received after July 1St until December 31St will pay the full cost of the permit fee and the permit shall expire June 30~' of the following year. Any new permit application received after December 315` will pay one-half of the cost of the permit fee and the permit shall expire June 30`h of the same year. (2} The sidewalk cafe application fee is one hundred dollars ($100.00). The permit fee is $3.40 per square foot of approved sidewalk cafe space. {3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and approved on or before July 1St of each year. {41 Late Renewal Fee: If a renewal payment is not submitted by July 1St, it shall be considered late and subject to a late £ee of ten-percent {10%~, Ulus an additional five-bercent_(S%) late fee if payment is not received by the first of each :m,~nth thereafter until paid,~rovided that the total fee shall not exceed twenty-pe,~ r~ 20%). If a renewal, payment is not submitted by July 1St? the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the hermit holder. 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 jurisdzction 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 MAYO R C1ty Clerk First Reading Second Reading ORD. NO.56-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: October 2, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.56-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify the cost of a sidewalk cafe permit and to enact a late renewal fee charge. BACKGROUND Sidewalk cafe permits are issued for a period of one year from July 1st to June 30th. The proposed amendment clarifies the cost of permit applications when such applications are received after July 1st. Sidewalk permit applications received after July 1st until December 31st will pay the full cost of the permit fee. Any new permit receives after December 31st will pay one-half of the cost of the permit. The proposed ordinance also enacts a late renewal fee for renewal permits not submitted by July 1st. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on September 21, 2009 in conjunction with the proposed permitting and plan check fee changes. At the Planning and Zoning Board meeting no one from the public spoke on the issue. The Board unanimously recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Following the Planning and Zoning Board meeting, upon a recommendation from the City Attorney this amendment was separated from the amendment pertaining to permitting and plan check fees as it dealt with a separate LDR Section. RECOMMENDATION By motion, approve on first reading Ordinance 56-09 for a City initiated amendment to the Land Development Regulations Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify http://miweb001/AgendasBluesheet.aspx?ItemID=2699&MeetingID=220 10/13/2009 Page 2 of 2 the cost of a sidewalk cafe permit and to enact a late renewal fee charge, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 56-09 Planning and Zoning Board Staff Report of September 21, 2009 http://miweb001/AgendasBluesheet.aspx?ItemID=2699&MeetingID=220 10/13/2009 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 21, 2009 AGENDA NO: IV.D AGENDA ITEM: CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SUB-SECTION 2.4.3(x) "FEES", SUB-SUBSECTION (1) "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (2] "PLAN CHECK FEES", SUB-SUBSECTION (3) "PERMIT FEES", AND SECTION 6.3.3 "SIDEWALK CAFE, SUB-SECTION 8.3.3{A) "PERMIT AND FEES", PROVIDING FOR THE ESTABLISHMENT OF NEW FEES AND INCREASES TO CERTAIN EXISTING FEES. ITEM BEFORE THE'BOAR© ;_. __ --- --- The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to the Land Development Regulations (LDRs) to provide an application processing fee for "automatic" extension requests, the creation of new permit fees and increases in certain plan check fees pursuant to LDR Section 2,4.5(M). 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 AND ANALYSIS In conjunction with Senate Bill (SB) 360, approved on June 1, 2009, any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012 is extended and renewed for a period of two {2) years. The Bill further applies this extension to include any related local government-issued development order or building permit. Written requests for an "automatic" two-year extension must be made to the authorizing agency no later than December 39, 2009. Such requests necessitate review from the local government and preparation of approval correspondence. As such, it is appropriate that a processing fee be assessed to cover staff's review costs. The amendment proposes a fee of $100.00 for each "automatic" extension request. The amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Finally, a late renewal fee is established for delinquencies on sidewalk cafe permit fee renewals. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Staff Report -September 21, 2x09 LDR Text Amendment -Pertaining to Development Applications, Plan Check and Permit Fees - RECOIVIMENDE©ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 2.4.3(K)(1)(2)&(3) and Section 6.3.3 to establish new fees and modify others, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.J. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.57-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to Chapter 113, Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to eliminate the current restriction for the consumption of alcohol on premises on Sunday morning. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 57-09. RECOMMENDATION Recommend approval of Ordinance No. 57-09 on second and final reading. ORDINANCE NO. 57-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO ELIMINATE THE CURRENT RESTRICTION FOR THE CONSUMPTION OF ALCOHOL, ON PREMISES, ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibit the on premise consumption of alcohol on Sunday mornings prior to 12:00 p.m.; WHEREAS, the City Commission of the City of Delray Beach is aware that at least one other jurisdiction, adjacent to the City, allows the on premise consumption of alcohol on Sunday morning; WHEREAS, this proposed ordinance would only allow the on premise consumption of alcohol on Sunday morning, and not the sale of alcohol for off premise consumption; WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the consumption of alcohol, on premises, on Sunday morning. 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 Chapter 113, "Alcoholic Beverages", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSUMPTION; EXEMPTION (A) Hours of Sale and Consumption. It shall be unlawful (except as provided in division (B) below) for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From 2:00 a.m. to 12:01 p.m. on Sundays, and 2:00 a.m. to 7:00 a.m. on Mondays through Saturdays except only on January 1 when the closing hour shall be extended to 4:00 a.m. However, nothing provided in this Section shall prevent an alcoholic beverage, as defined in Florida Statute Chapter 561, from being sold and consumed on the premises of an Alcoholic Beverage Establishment be~innin~ at 7:00 a.m. on Sunday mornings. (B) Exemption for Serving and Consuming in Private homes. None of the above provisions shall apply to an individual serving and consuming (but not selling) any alcoholic beverage in his home after the closing hours established herein and during the hours set forth above. 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 City Clerk First Readi Second Reading MAYOR 2 ORD. NO.57-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 29, 2009 SUBJECT: AGENDA ITEM 12.F. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE N0.57-09 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 57-09 which amends Section 113.15 of the Code of Ordinances by changing the beginning time for the on premise consumption of alcohol at an Alcoholic Beverage Establishment on Sunday mornings from 12:01 p.m. to 7:00 a.m.. BACKGROUND The City received an inquiry regarding its Sunday morning restrictions on alcoholic beverage sales and the possibility of changing the beginning time for on premises consumption of alcohol from 12:00 p.m. to 7:00 a.m.. Boynton Beach had recently changed its ordinance to allow for the sale and consumption of alcohol on Sunday morning starting at 7:00 a.m.. The proposed change only allows for the consumption of alcohol at Alcoholic Beverage Establishments, where such consumption is allowed, to begin at 7:00 a.m.. This ordinance does not change the time that alcohol may be sold for off premise consumption. RECOMMENDATION Staff recommends approval of Ordinance 57-09. http://miweb001/AgendasBluesheet.aspx?ItemID=2668&MeetingID=220 10/13/2009