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05-11-10 Regular MeetingCity of Delray Beach Regular Commission Meeting ~~ ~~ ,. - ~-~ RULES FOR PUBLIC PARTICIFATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. Gity Commission meetings are business meetings Tuesday, May 11,_2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.nn. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Defray Beach City Hall section. B. Comments and lnquirics 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 iri 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. S. 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 NW 1st Avenue Delray Beach, F'Iorida 33444 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, Phor~e• {561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: • (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices axe available for meetings in the Commission Chambers. 1, ROLL CALi-• 2. INVOCATION. 3, PLEDGE OF ALLEGIANCE TO THE FLAG. 4, AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. Apri113, 2010 -Special/Workshop Meeting B April 20, 2010 -Regular Meeting {, PROCLAMATIONS: A, Recognizing and Commending Auxiliary Officer Jeff Rubenstein $. Recognizing and Commending Theodore A. Bush, Ph.D. and Doris A. Meyer C, National Safe Boating Week -May 22-28, 2010 D. Water Reuse Week -May 16-22, 2010 E. National Public Works Week -May 16-22, 2010 g, National Emergency Medical Services Week -May 16-22, 2010 7. PRESENTATIONS: A, Historic Pzeservation Board Awards Recognition $, Recognizing and Commending Shelly W aiaxd d Chuck Ridley for their contributions as Chairpersons fox the Police Advisory B g, CONSENT AGENDA: City Manager Recommends Approval. yRT A, RATIFICATION ur ~vu1ri ~L~-~~----- - TREATMENT AND DISPOSAL BOatARDr A~ ~ON~~ Disposal Board at their of the South Central Regional Was Quarterly Meeting of April 15, 2010. _ __ ._T,... B, HOLD HARMLESS A(il~~iv~t;iv 1 ~~•ai,~= .. LC; Approve a Hold Harmless Agreement~turBso~cvithin D~ right-of-wayr foxy the for the installation of two (2) drainage s property located at 32 S.E. 2nd Avenue. 05/11/2010 -2- C. SERVICE AU"i't~utu~~r~vl~ l~~• ~Y ~v-- ARCHITECTS: Approve Service Authorization No. 06-05.2 in the amount of $4,375,00 to Currie Sowards Aquila Architects for additional professional design services required for the Old School Square Window Replacement Project. Funding is available from 334-4151-572-4G.08 (General Construction Fund/Repair & Maintenance Services/OSS Window Replacement). D. SERVICE AU"1~HVtUGtllivl~ 1~~• ~~ °°-_ INC.: Approve Service Authorization No. 07-06.2 in the amount of $14,687.00 to Mathews Consulting, Inc. for the additional design of S.W. 12th Avenue Alleys. Funding is available from 334-3162-541-68.49 (General Construction Fund: Other Improvement/S.W. 12th/Auburn Alley Improvements). E. SERVICE AlJltiVtC~c.t~iav~• }•~..,_ ... -- Approve Service Authorization Na. 03 -37 in the amount of $21,465.00 to Avirom Associates, Inc. for the survey of twenty-six (26) new bus shelter locations throughout the City. Funding is available from 334-3162-541-G8.47 (General Construction Fund: ether Improvement/S.W. 29tH Street S.W. 22nd Sidewall~) and 334-3162-544-G5.70 {General Construction Fund: Other Improvements/Transit Stop Bus Shelters). - F. CONTRAL:'1~ t,1,V~r!,vu ~ ...._,. ~,.r - - iNC. WEST ATLANTIC AVENUE AT S.W. 2nd AVENUE: Approve a Contract Closeout (Change Order Na. 1 /Final} iii the amount of a $45,845.60 decrease and final payment in the amount of $79,847.35 to The Signal Group, Reclacement completion of the West Atlantic Avenue at S.W. 2nd Avenue Signal p Project. Funding is available from 334-3162-541-65.58 (General Construction Fund: Other Impravement/S.W. 2nd Avenue @ West Atlantic Signalization). G, TRANSPORT1A1~iViv rrlvru~~•1'~l•l''~•' "_-- METROPOLITAN PLANNING ORGANIZATION MPO : Approve a revision to a Transportation Enhancement Grant application through the Metropolitan Planning Organization (MPO). I-l. FLORIDA ASSOCIATION OF PUBL to send thAeDStMaff Liai on~anORp tO f~~} CONFERENCE: Provide authorizatton other Public Art Advisory Board Members to the Florida Association of ~~ 0 ' he Administrators (FAPAA) Conference in Fort Pierce, Florida on May 19 - 21, total cost to the Public Arts Budget will~odt P~ f d ~anaOl.OServices~/lOthex P ofess o a1 115-1702-579-31.90 (Special Projects F Services). 1, REVISION OF rUNl)>Ltru ~~~}•~'J """"^ - INC. WORTHING PARK: Approve re Ceing~ e~ ~ 34s4 51 572- 819 (General design services by AECOM Technical Sere , Construction Fund: Other Improvement/ W °r Other~Improvememnt/Worthing- Pa k 572-68.19 (Recreation Impact Fee F Irnpravement}. 05/11/2010 -3- J, GRANT AWARD FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES: Approve the Historic Preservation Grant Award Agreement from the Flortda Department of State, Division of Historical Resources in the amount of $15,000.00 to host the 2010 Florida Certified Local Government (CLG) Training Pxogxam on June 23-25, 2010. Funding is available from 001-2511-515-48.91 (General Fund: Promotional Activities/ 2010 Florida CLG 'T'raining Program}. I{, RESCIND BID AWARD TO H & D CONSTRUCTION: Approval to rescind the bid award to H & D Construction in the amount of $479,612.00 for the construction of S.W. 12th Avenue AIleys - Phase I Project and proceed with re-advertising the project for bid. L. REVISION 2 OF THE CITY'S HOUSING ASSISTANCE PLAN: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NEIGHBORHOOD STABILIZATION PROGRAM: Approve Revision 2 of the City's Housing Assistance Plan, revising Section III, paragraph 1.4, "identification of Units", governrng the use o£ funding from the Florida Department of Community Affairs Neighborhood Stabilization Program (NSPl) including the activities and processes to be used. M. SCHOOL READINESS CHILD CARE SERVICE AGREEMENT FAMILY CENTRAL, INC.: Approve a Schaoi Readiness Child Care Service Agreement between the City and Family Central, Inc., to provide subsidized child care funding £or the Afterschool Program. N. RESOLUTION NO. d ~o~renApprnuisances on ten (10} properties throughout the abatement action requir City. O. HOLD HARMLESS AGREEMENT PUTT'N AROUND LLC: Approve a Hold Harmless Agreement with Putt'n Around, LLC to install an irrigation water service connection within Florida Department of Transportation right-of--way at N.E. 5~' Avenue, south bound Federal Highway, located on the west side of N.E. 5~' Avenue between 3~ Stteet and 4~' Street. p. CONTRACT CLOSEOUT FINAL PAYMENT COMMERCIAL INSURANCE ALLIANCE GARDEN WORLD OF HOLIDAY INC.: Approve a Contract Closeout and final payment in the amount of a $130,344.68 to Commercial Insurance Alliance, A Reciprocal insurance Company and Ford, Miller & Wainer, P.A. Trust Account for the completion of the Florida Beautification Grant ]andscape project. Funding is available from 334-3162-541-68.09 (General Construction Fund: Other Improvement/Atlantic Avenue Gateway Feature). Q. MEMORANDUM OFILIES SERVICES:DIN p Dp P~ hM~oNT d`~O° CHILDREN AND FAM Understandisrg between the City and the Florida DeparlYnent of Children and Families to allow additional home visits to supplement the current child abuse and joint investigations protocol. 05/11/2010 -4- R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTION5: Accept the actions and decisions made by the Land Development Boards fox the period Apri119, 2010 through May 7, 2010. S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to B & O Constructors, Inc. in the amount of $154,780.00 for the complete restoration of the historic Susan B. Williams House. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings/Munniiags/Williams Rehab). 2. Contract award to Chaz Equipment Company, Inc. in the amount of $41,601.00 fox rehabilitation of Lift Stations 84C, 90A, 11B and 108 as part of the annual Lift Station Rehabilitation program. Funding is available from 442-5178-536- 68.15 (W & S Renewal & Replacement Fund: Improvements Other/Lift Station Rehabilitation). 3. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $62,581.32 to equip six (6) newly purchased Police Vehicles. Funding is available from 101-2136-521-64.20 (ARRA Economic Stimulus -Fund: Machinery/Equipment/Automotive) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000.00). 4. Purchase award to Farmer & Irwin Corporation in the amount o£ $59,995.00 fox the purchase and installation of one (1) Carrier 50-ton rooftop a/c unit for the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery /Equipment). 5. Bid award to Imperial Electrical Inc. in the amount of $312,510.00 fox Sports Lighting Upgrades at Pompey Park as part of the City's Energy Efficiency and Conservation Block Grant (EECBG) Project. Funding is available from 101- 6352-519-46.94 (ARRA Economic Stimulus Fund: Repair and Maintenance Services/74 Energy Efficient Green Lights). 9. REGULAR AGENDA: A. RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT WITH PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928 IAFF INC.: Consider approval of a collective bargaining agreement with the Professional Fire Fighters and Paramedics of Palm Beach County, Local 292$, IAFF, Inc. effective October 1, 2008 through September 30, 2011. a5/11/2oia -5- B. CHANGE ORDER NO. 3 H.A. CONTRACTING CORPORATION OLD SCHOOLS UARE WINDOW HARDENING PRO ECT: Consider approval of Change Order No. 3 to H.A. Contracting Corporation in the amount of $30,999.02 for additional scope due to unforeseen window conditions encountered during construction, for the Old School Square Window Hardening Project. Funding is available from 334-4151-572-46.08 {General Construction Fund: Repair & Maintenance Services/OSS Window Replacexx~ent). C. BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC.: Consider approval of a bid award to Complete Property Services of South Florida, Inc, :in the annual estimated cost of $84,365.00 fox landscape maintenance of the I-9S Interchanges; Atlantic Avenue and Linton Boulevard, and S.W. 10th Street overpass. Funding is available from 119-4149--572-46.40 (Beautification Trust Fund/Repair & Maintenance Services/Beautification Maintenance). D. BID AWARD/RUST-OFF, INC.: Consider approval of a bid award to Rust-Off, Inc., the second lowest bidder, in the annual estimated cost of $34,000.00 at $1.55 per gallon ordered "as needed" far anti-rust chemicals in the City's irrigation system. Funding is available from 119-4144-572-52.21 (Beautification Trust Fund/Operating Supplies /Chemicals}, 10. PUBLIC HEARINGS: A. NONE. 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 05/11/2014 -6- 1~-. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 2$6.011(8) re: the case of: City of Delray Beach v. Board of Trustees of the City of Delray Beach Police O~zcers and Firefighters retirement System, Case No. 50-2006-CA-007168-XX~'X-MB. Attendees: Mayor Nelson McDuffie Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray City Manager David Harden City Attorney Brian Shutt James W. Linn, Esq. (via telephone) A cexti0ed court reporter Purpose: Discuss pending litigation in the above case. 15. CONSIDERATION OF THE PENDING APPEAL: Consideration of the pending appeal in the case of City of Delray Beach v. Baard of Trustees of the City of Delray Beach Police D~zcers and Firefighters retirement System, Case No. 50-2006-CA-00716$-XX~Oi-MB. POSTED: MAY 7, 2010 05/11/201© _ 7 SPECIAL/WORKSHOP MEETING APRIL 13, ZQ10 A Special. Meeting of the City Cozxux-ission of the City of Delray Beach, Floxda, was called to order by Mayor Nelson S. McDuffie in the Cort~tission Chambers at City Hall at 6:00 p.m, on Tuesday, April 13, 2010. Roll call shoved: Present - Commissioner GaryP. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commi~s;oner Angeleta E. Gray 1Vlayor Nelson S. McDuffie Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor Nelson S. McDuffie called the speciak xr~eting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. AGREEMENT/DOWNTOWN DEVELOPMENT AUTHORITY: Consider entering into an a~~t with the Downtown Development Authority {DDA) to provide the City with staff support for City sponsored events and to vent office space at City HaIL Robert A. Barcinski, Assistant Cify Manager, presented this item. He stated that Commi_.ssion is requested to consider entering into an agreement with the Downtown Developmenf Authority (DDA) to provide the City with event ~nanage~~~t services for City sponsored events and whether to rent office space at Cify Hall to the Downtown Development Authority until January 31, 2011. He mentioned the letter received from 1VG.chael. Listick, which was veritten after their meting of April 5, 2010, offering to provide event management services for City events; and the surruruary of all the discussion and actions Taken by the DDA at the meting, as wP11 as the updated budget suer~r~ary expenses based on the DDA revenue through the end of the fiscal yEar. The employees will be DDA empkoyees and not City employees. They will no longer be Downtown Marketing Cooperative (DMC) ezx~pkoyees and the DDA will have to hire them The events that they will support for the City are July 4~ ; Holiday Tree Lighting and Fib Night. He stated that City staff and the DDA are looking for direction from the Comm;~~;on. Michael Lipstick, Chairman of the DDA stated that he did not receive any emails. He discussed the DDA's temporary proposal. Their proposal was rather than having some events cancelled they vwuld take them on temporarily until after Cluistrnas and work with the City and their partners to figure out a long range strafe-~gy. He stated that they are looking for empty space, and it will. cost them roughly $1,000.00 a month to move. He thought that if the City vvar-ted them to move into the ei7tpty space temporarily until things get going. He stated that this is just a terriporary proposal and that they can take it on with xro commitment on anyone side beyond January 31, 2011. Diane Colonna, Executive Director of the Corrun~.mity Redevelopment Agency {CRA) stated that the events v,~re never on the verge of being cancelled At the Apri11, 2010 DMC meeting two (2) CRA representatives voted to reorganize the DMC as a new entity, a nonprofit organization. The bylaws creating the new entity would be prepared by the City Attorney and brought back to the DMC board for consideration at its April 22~ zxieeiuzg. Gary Weiss discussed several sug~~tions outlined in Mr. ListicKs letter to Mr. Harden dated April 5, 2010. He discussed numbers 1, 2 and 5. He stated that the DMC is totally operational with staff. There has been no indication from the DMC that there are any issues with the inability to function Conunissiorzer Frankel asked Mr. Malone if the Comrz~sion rejects this, could the DMC cony out the 4~' of July event and any other events. Mr. Malone stated that the DMC has staff and theyhave been diligentlyvwrldng on this project. He stated that he is confident that they could carry out the tasks. Discussion ensued between the Comrni~,~;oners and the stakeholders regarding issues between the DMC and the DDA. Commiesion feels that the DDA should not be housed in City Hall. and they clo not want to see any events cancelled Commissioner Gray stated that she v~uld like to see the DMC handle the City events if staffing in place and if the Chamber agrees to house the DMC at their facility. Mayor McDuffie stated motions were made to reorganize the DMC. He met with Mr. Malone and exchanged some information and it was given to the City Attorney for preparation of the Bylaws and the Article of IncoYporation The CityAttonley is pursuing a 501(c)(3) for the new DMC and it wiil have four (4) board members instead of six {6). Mr. Eliapoulos made a rnotian to approve entering into an agreement with the Downtown Development Authority (DDA) as preseettecly seconded by Mr. Fetzer. Upon roll call the Cammissian voted as follows: Mr. Fetrer - Na; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No; Mr. Eliapaulos - No, Said motion was denied with a 5 to 0 vote. Mr. Eliopoulas made a motion to allow the Downtown Development Authority to rent office space at City Hall as presented; seconded by Mr. Frankel Upon roll call the Commiss7on voted as follows: Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - Na; Mr. Eliapaulas - Na; Mr. Feuer - No. Said motion was denied with a 5 to 0 vote 2. AMENDED CONTRACT FOR SALE AGREEMENT/HSBC BANK USA/G16 S.W. 9~ STREET: Consider approval of an amended. Contract for Sale Apt for 616 S.W. Stn Street from $90,000.00 to $99,000.00. (Addex~durxr) Lola Sutler, Director of Comnn~ity Improvement presented this item and is requesting approval to arx~end the sales agreement for 616 SW 9~` Street from $90,000 to $99,000. Mr. Eliopoulos zx~ade a motion to approve the amended Purchase Agreezit to purchase the property located at 61t? SW 9'~ Street for $99,000.00 as presented; seconded by Mr. Frankel. Upon roIl call the Coxxunission voted as follows: Mrs. Gray- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 2 April 13, 2010 Mayor McDuffie adjourned the Special Meeting at 6:43 p.m. wORKSHOPAGENDA 1. DELRAY BEACH ATHLETIC CLUB PRESENTATION Linda Karch, Director of Parks and Recreation introduced Todd L'Herrou, Executive Director of the Delray Beach Athletic Club (DBAC). He introduced board zx~mbers Bziaxi Thompson, President, Arnold Thompson, Treasurer and Bobby Lanza, Secretary. Mr. L~Ierrou gave a PawerPoint presentation on the background of the club and their plans for expansion of the club, increasing their programs and the DBAC budget. It was the cansens~~s of the Commission for the Delray Beach Athletic Club and the Parks and Recreation Department to wick together regarding the ideas for expansion and scheduling, etc. 2. FIRE~RESCUE SURTAX PRESENTATION Comrni.~~ioner Fetzer stated that he had asked for this presentation to be brought before the Commission to hear what the Financial ReviewBoard had heard a fewv~eks ago. Fred Angelo, First Legislative Vice President of the I.AF.F., Local 2928, Professional Firefighters Paramedics of Palm Beach County, gave a PownrPoint presentation discussing the proposed 1% Fire-Rescue sales surtax for Palm Beach County and the Fire Rescue Surtax Bill.. I-Ie also briefly discussed the scope of the Interlocal Agreeme«t with Palm Beach County regarding the levying of a 1% sales surtax for emergency fire rescue services and facilities. DiSCUSS2on ensued betcn~en the Commission, IVIr. Angelo and staff regarding the Fire-Rescue Surtax and the impact that it may have on the budget and the millage rate. Coznz~~ission felt more information was needed and thanked IVIr. Angelo and others for their presentation.. 3. OLD SCHOOL SQUARE PARK RENTAL AGREEMENT AND MANAGEMENT PLAN Robert Barcinsld, Assistant City Manager, presented this item. He stated that City staff and Old School Square staff have been meeting over the last few months to develop a management plan and rental agreexr~nt for the Old School Square Park Because of the uniqueness and the urban character of the Old School Square Park and the number of events held there, the niaix~. differences betv4een the Old School Square Park agE~etnent and other parks are in the rental rates and Park Rules and Regulations. The rates proposed for the Old School Square Park do not reflect a difference betwti~en non profit groups and for-profit groups. It was the consensus of the Commission to charge $1,000 for the use of an additional room prorated out for non far profit groups. 4. REVIEW OF BUDGET PROGRAM EVALUATION CRITERIA FOR FY 2011 David T. I-la~3e~ City Manager presented this item and discussed the Evaluaiaon Criteria zxiatriac to be used in prioritizing the service functions far the FY 2011 budget. 'T'his matrix provides more informmation and is less subjective than the prioritization process that was used fox the last two years. April 13, 2010 Mayor McDuffie stated that anything that can be dome to further qualify budget items is a great thing for the Commi~.sion and will help with decision xualdng process. Mr. Fetzer vwuld Tike to see same input from the Financial. ReviewBoard on the matrix. Mr. Harden stated that he asked ,doe Safford, Director of Finance, to present the rt~atrix to the Financial ReviewBoard for their cornme~ntg. 5. FIRE ASSESSMENT PROPOSAL Mr. Harden presented this item. He stated that Co~rimission passed Resolution No. 59-09 earlier in the year which created a possibility of doing a Fire Assessment Fee beginning October 1, 201.0. If the Commis~on wishes to continue with the option of a Fire Assessment Fee for the FY 2011 budget, then we need to enter into a contract with a consultant to develop the cost allocation model on which the fee is based, and a contract with the Palm Beach CountyProperty .Appraiser Information Services for their services in setting up the assessmezlt roll. The advantages of a Fire Assessment Fee is that property taxes could be reduced; and more the cost of Fire-Rescue services would be borr-e by properties within the Community Redevelopment Agency (CRA) District and those which are largely exempt from property takes. It would be a source of additional revenue to staff Fire Station 2. The disadvantages include the fact that it is a new tax, and it would reduce revenue to the CRA if the millage is reduced. He stated that he wanted to bring it back before Comrrri~sion to get some direction. it was the consensus of the Commission not to proceed with the Fire Assessn~zt Proposal. 6. DISCUSSION OF PROPOSED AMENDMENT NO. 4 OMETOWN DEMOCRACY) Commission and staff cliseu`ssed the Proposed AmeJridnlent No. 4 to Florida's Constitution (Hometown Democracy). Mr. Harden stated that staff will get a resolution drafted and gather the information for the Commission 7. DISCUSSION REGARDING COMMISSION SAI,AR.IES TERM LENGTHS AND REQUIRED PETITION SIGNATURES Cozxurnission discussed the texn~s, term limits, salaries, petition process and qualifying fees. The consensus of Commission was to change the terms to two (2) consecutive, three (3) year terms and to keep the petition process the same. Staff is to put together a tixx~line of what it vwuld take to get this on the November ballot or on the March Election Ballot; and also to provide a better cost estimate on how much the election would cost. Commission agreed to keep the salaries the same. Mr. Harden suggested looking at expex~e allowances rather than salaries and also to consider purchasing a table for certain events. In regards to the Qualifying Fees, the Conunission is in favor of increasing the filing fee to $50.00. Mr. Harden stated that the fee increase will have to be brought back to Commission as an Ordinance. Mayor McDuffie adjourned the Workshop Nleetii~g at 9:36 p.m. April 13, 2010 City Clerk ATTEST: MAYOR The tmdersigr~ed is the City Qerk of the City of Delray Beach, Florida, and the information provided herein is the IV~nutes of the Special Meeting of the City Coinnvssian held on Tuesday, April 13, 2010, which 1VTinutes w~rre formally approved and adopted by the City Cornmis.5~.on on April 20, 2010. City Clerk NOTE TO READER: Tif the Minutes ~u have received are not completed as indicated above, this means they are not the official. Minutes of the City Conurusssion. They will become the official Minutes only after review and approval, which may involve an~end~nents, additions or deletions to the Minutes as set forth above. April 13, 2010 APRIL 20,.2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 20, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Nancy McCarthy, Delray resident and Priest Associate of St. Gregory's Episcopal Church in Boca Raton. 3. The Pledge of AIlegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted additional information for Item 9.A., Dr~~ Task Force Request for City Website„Link. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray --- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 6, gala, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray -~ Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 04/20/10 6. PROCLAMATIONS: 6.A. Teacher A reciation Week - Ma 2-$ 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 2-8, 2010 as Teacher Appreciation Week in the City of Delray Beach, Florida. LaNita DeCarie, Director of the Little Friends Learning Center and Ministry of the First Baptist Church, came forward to accept the proclamation and gave a few brief comments. 6.B. National_P__reservation Month -May 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming May 2010 as National Preservation Month. Tom Stanley came forward to accept the proclamation and gave a few brief comments. 6.C. World Tai Chi and Qi~on~ Day -April 24, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming April 24, 2010 as World Tai Chi and Qigong Day. Gary Tong came forward to accept the proclamation and gave a few brief comments. 6.D. Earth Month -,Apri12010 Mayor McDuffie read and presented a proclamation hereby proclaiming Apri12010 as Earth Month. Rich Reade and Yalmaz Siddiqui came forward to accept the proclamation and gave a few brief comments. 6.E. Municipal Clerk's Week -May 2-$, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming May 2-8, 2010 as Municipal Clerk's Week. Chevelle D. Nubin, City Clerk, accepted the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. S.P.LR._LT. Service,,,,_ Performance, Intel ty, p, sibility, __ ( ri Res on„ Innovation, Teamwork) Committee Quarterly Employee Awards Presentation Rachel Saunders, Police Department, stated the Police Department responded to a scene where there was a shooting in a house and did not know whether the shooter was still inside the home. Ms. Saunders stated once the house was cleared at gunpoint there were two small children (a little boy age 2 and a little girl age X O) that were found in the back bedroom. Officer Stephanie Kearney immediately consoled the children because their mother had been shot who later died. 2 04/20/10 Officer Kearney stayed with the children for approximately five hours prior to bringing them down to the Police Deparhnent. She changed the 2 year old little boy's diaper, clothed him and took both children to McDonald's. Ms. Saunders stated another officer had to explain to the children that their mother passed away and the little girl immediately asked for Stephanie. Officer Kearney stayed with the children for five hours enduring that hard emotional scenario. Officer Saunders stated Officer Kearney went above and beyond and was a true hero. Stephanie Kearney, Police Officer, came forward to receive the S.P.LR.1.T. Quarterly Employee Award. 7.B. City of Delray Beach Residents Academy Certificates -Janet Meeks Janet Meeks, Education Coordinator, presented the 17~` graduating class of the Residents Academy with certificates: Willia~u Abell, Real Estate Manager Wendy Fuss and Stephen Fuss, Nuisance Abatement Board/Property Management Richard Gigliotti and Geraldine Gigliotti, President of High Point Chamber Volunteer Liz Golberg, Staff Member CRA Vicki Hill, Construe#ion Auditor Diane Jeffers and Bill Jeffers, Realtor David Kurzman, Caring Kitchen, Delray Affair, etc. volunteer Wanda McCabe, Treasurer of High Point Dale Miller, interior Design Rose Newbold, Achievement Center Florence Porrica, High Point Board of Directors Yvonne Walker, City of Delray Beach Accountant Diane Jeffers, she and her husband have been residents of Delray Beach for I1-12 years and she is also a residential real estate agent, stated she has so much more of a greater appreciation today then she has ever had living in Delray Beach just by having a better understanding of how our city government is run, our terrific Police and Fire-Rescue Departments, and how hard everyone works. Mrs. Jeffers stated she is more proud today to be able to talk to her clients and to the community about how amazing the City of Delray Beach is and everything it has to offer, and the way it is run so efficiently. 3 04/20/10 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARIVILESS AGREEMENT/JP MORGAN CHASE BANK, N.A.: Approve a Hold Harmless Agreement with JP Morgan Chase Bank, N.A. to install a water main within Florida Department of Transportation {F'DOT) right-of way at the intersections of N.E. 7th Street and both north and southbound Federal Highway for the property located at the northwest corner of N.E. 7th Street and northbound Federal Highway. B.B. INTERLOCAL GRANT AGREEMENT/PALM BEACH COUNTYBUS SHELTERS: Approve an Interlacal Grant Agreement with Palm Beach County for reimbursement for the insta]Iation of twenty-five (25) bus shelters utilizing American Recovery Reinvestment Act {ARRA) grant funds. 8.C. RENEWAL OF AGREEMENT WITH QUALITY TRANSPORT SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE_ SYSTEM: Approve renewing an Agreement with Quality Transport Services, Inc. to operate the Downtown Roundabout Shuttle System to extend the agreement to April 2011, contingent upon the addition of a termination clause to allow a change to trolley-style vehicles. B.D. OR[ G REQUEST/METRO: J PLANNING ATION ENHANCEMENT - - - _ -- PROJECT: Authorize staff to apply for grant funding in the amount of up to $1,500,000.00 through the Metropolitan Planning Organization. (MPO) for two (2) Transportation Enhancement projects. B.E. RESOLUTIONS NO. 24-IO AND NO. 25-10: FDOT MAINTENANCE MEMORANDUM OF UNDERSTANDING - JOINT PARTICIPATION AGREEMENTS/WEST ATLANTIC AVENUE LANDSCAPING PROJECT: Approve Resolution No. 24-10 authorizing a Maintenance Memorandum of Understanding with the Florida Department of Transportation and Resolution No. 25-10 approving Joint Participation Agreements with the Florida Department of Transportation for the West Atlantic Avenue Landscaping Project. The caption of Resolution No. 24-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE BY THE CITY OF A PORTION OF STATE ROUTE 806 LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. 4 04/20/10 (The official copy of Resolution No. 24-10 is on file in the City Clerk's office.) The caption of Resolution No. 25-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF LANDSCAPE, IIARDSCAPE AND IRRIGATION IMPROVEMENTS ALONG STATE ROAD 80b LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 25-10 is on fle ixz the City Clerk's office.) 8,~F. RESOLUTION NO. 18-1U: Approve Resolution No. 18-10 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The caption of Resolution No. 18-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCI_1I2I2ED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 18-10 is on file in the City Clerk's office.) 5 04/20/10 8.G. DISASTER RECOVERY INITIATIVE RIIHOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve one (1) Housing Rehabilitation grant award for the project located at 1332 Prospect Street to Jemstone Construction Group, Inc., the lowest responsive bidder, in the amount of $18,220.92 for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). B.H. RESOLUTION NO. 19-10/LOCAL HOUSING ASSISTANCE PLAN (CHAP) FY 2010-2013: Approve Resolution No. 19-10, adopting the Local Housing Assistance Plan (CHAP) for Fiscal Years 2010-2013. The caption of Resolution No. 19-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING 1MTIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 19-10 is on file in the City Clerk's ofFce.) B.I. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of eendors for Professional Services required to carry out activities under the Neighborhood Stabilization Program (NSP) contingent on the list being approved by the Florida Department of Community Affairs; and authorize the City Manager to sign purchase agreements far the acquisition of properties under the NSP initiative. Funding is available from 118-1935-554-3490 (Neighborhood Services/Other Contractual Services). 8.~. FIRST AMENDMENT TO THE CROSS EASEMENT AGREEMENTIAUBURN TRACE LLC../SCHOOL BOARD OF PALM BEACH COUNTY: Approve a First Amendment to the Cross Easement Agreement with Auburn Trace, LLC., the School Board of Palen Beach County and the City to confirm platted drainage rights into retention areas. 6 04/20/10 S.K. RESOLUTION NO. 22-10: ABANDONMENT OF SEWER EASEMENT FOR STAKLER HOLDINGS LLC./PUTT N' AROUND DELRAY BEACH: Approve Resolution No. 22-10 abandoning a 10' sewer easement dedicated to the City via an Easement Deed recorded in Official Records Book 921, Page 421 of the Public Records of Palm Beach County, Florida for development of a proposed 36-hole miniature golf course located on the west side of N.E. 5th Avenue, between 3rd and 4th Streets {350 and 362 NE 5th Avenue). off ce.) The caption of Resolution No. 22-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SANITARY SEWER EASEMENT DEDICATED BY EASEMENT DEED, AS RECORDED 1N O.R.B. 921, PAGE 421, AS MORE FULLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 22-10 is on file in the City Clerk's S.L.1. ACCEPTANCE OF A WATER EASEMENTISTAKLER HOLDINGS, LLC/PUTT N' AROUND DELRAY BEACH: Approve and accept a 4' easement for an existing water main in conjunction with development of a proposed 36-hole miniature golf course located on the west side of N.E. 5th Avenue, between N.E. 3rd Street and N.E. 4th Street {350 and 362 N.E. 5th Avenue}. S.M. SPECTAT, EVENT RE VEST/AVDA SK WALK/RUN: Approve a special event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA} 5K Wa1klRun to be held on Saturday, October 9, 2010 from 7:30 a.m, until approximately 11:00 a.m., with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of--way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff assistance for providing traffic control, barricading, signage, trash clean up and removal, City generator use, and set up and use of half of the small stage; contingent on the sponsor providing the required liability insurance and hold harmless agreement. S.N. SPECIAL EVENT RE UESTSIART AND JAZZ ON THE AVENUE: Approve special event requests to endorse Art and Jazz on the Avenue to be held on May 6, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the eastlwest alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support far security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance. 7 04/20/10 $.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards far the period Apri15, 2010 through April 16, 2010. S.P. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to CMS Imaging, Inc. in the amount of $51,510.00 for X-Ray equipment and applicable shipping costs for the Employee Health and Wellness Center. Funding is available from 551-1571-591-31.20 (Insurance Fund: Professional ServiceslMedical). 2. Purchase award to DCR Engineering Services, Inc. in the amount of $50,000.00 for a Motorola ACE3600 Controller to upgrade the Fire Station Alerting System. Funding is available from 334-2311- 522-63.90 (General Construction Fund: Other Improvements/Improvements Other). 3. Purchase award to Hall-Mark Fire Apparatus in the amount of $243,184.86 for one (1} 2010 Navistar 4300LP Custom Rescue Transport Vehicle. Funding is available from 501-3312-591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs: Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. DRUG TASK _FORCE REQUEST FOR CITY WEBSITE LINK: Consider approval of a request from the Delray Beach Drug Task Force to provide links to their website on the City and Police Department web sites. Pat Archer, former. _City Commissioner and current Chair of the Delray Beach Drug Task Force, stated the Delray Beach Drug Task Force would like to have a link to the City's website because the Delray Beach Drug Task Force has been a Mayor's appointed Committee for some time. Mrs. Archer stated this was originally started by former Mayor Jay Alperin and former Chief of Police Rick Lincoln (current Chief of Police for Lantana) because there are different types of issues going on in our drug community and they wanted to provide a forum whereby everyone could have an opportunity to talk and bring the issues out into the open for discussion. She stated the organization consists of members of the Police Department, treatment centers, a detox center, sober houses and recovery meeting facilities. Mrs. Archer stated the Commission liaison is Commissioner Fred Fetzer and they serve at the Mayors will. 8 04/20/10 Mrs. Archer briefly reviewed the mission statement of the Delray Beach Drug Task Force and they would like to provide an opportunity for individuals who are interested within Delray Beach or from out of the city or the state to get information abaut what happens with the drug community because there is a lot of misinformation out there. Mrs. Archer stated Delray Beach is known as the drug capital of the United States and they are at the mercy of treatment centers, sober houses and everyone who has a blog or a website. Mrs. Archer stated the purpose of the Drug Task Force is to provide correct information on an honest basis where peaple can go and get the facts and they cannot do it without having visibility. She stated they have been able to get a grant to start up the website and to operate it for two years but they are not in a position to be able to pay for a search engine so by having a web link on the City's site and on the Police Department's site and eventually on the Chamber of Commerce site anyone who can go to those sites will have the opportunity to select the Delray Beach Drug Task Force and get what information is out there. Mrs. Archer stated they have the support of Police Chief Strianese and he is represented by Assistant Chief Ralph Phillips, and Delray Beach Community Relations Officer Jeff Messer, and Deana lsler who regularly attends the Drug Task Force meetings. Mrs. Archer urged the Conunission to consider the proposal of the Drug Task Force. Mr. Fetzer stated he has been fortunate enough to work with the Drug Task Force for the last couple of years and has been very impressed with the dedication of the people who are a part of this and the cooperation they have gotten from the Police Department in working together. He stated this is another example of what makes Delray Beach unique and hopes that if this website link is approved, it will help educate residents. Mr. Fetzer thanked Mrs. Archer and the Drug Task Force for all their help on this. Mrs. Gray asked if there is a link to the City's webpage would there be a concern about our city welcoming more sober houses or halfway homes. Mrs. Archer stated she does not feel that whether or not the city has information on a website is going to have any effect whatsoever on how many sober houses we have here because most of the sober houses have their own websites. Mrs. Archer stated people come from out-of- state and instead of going to a treatment center they sometimes go to a sober house where there is no treatment whatsoever and then they are turned out on the street. Mrs. Gray expressed concern about other organizations that may want to do the same thing and asked will the City have the ability to see what goes on the webpage. Mrs. Archer stated this is just a proposal and it will be reviewed by the City Attorney and the City Commissioners. Mr. Frankel stated in his opinion this is the largest issue we have in our city at the current time. He stated he is constantly contacted by people asking him for recommendations regarding assistance in this area and the problem we have in this area is if you do a Google search for rehabilitation, etc. everything that comes up is biased because it is a money maker. Mr. Frankel stated the Drug Task Force offers anon-biased alternative just to provide information as opposed to bring this person here so we can treat them and make money. 9 04/20/10 Mr. Frankel stated he supports the proposal; however, he expressed concern that this may not be appropriate for the Chamber of Commerce. Mr. Eliopoulos applauds the Drug Task Farce for all their hard work and stated this is a great idea. Mayor McDuffie stated he hopes that we are able to take this and use it so that some parent who is distraught about a child who has gotten involved with substances and is out of control that we can at least provide an alternative to them when they are searching through the Internet trying to find something to do with this child to help them out and explain the things that they may encounter if they do not find a reputable actual rehab center to send these people to. Mayor McDuffie stated if anyone has any recommendations that they would like taken to their Congressmen or Senators to let him know because he and Mr. Malone with the Chamber of Commerce are headed for Washington mid-week next week. The City Attorney suggested that the motion be conditioned on the fact that no specifie address of any sober house is mentioned on their website or a specific name where it doesn't appear that the Drug Task Farce is making recommendations one way or the other regarding any particular sober house. Mr. Frankel moved to approve the Drug Task Force request for the City website link with the condition as stated by the City Attorney that no specific address of any sober house is mentioned on their website or a specific name where it doesn't appear that the Drug Task Force is making recommendations one way or the other regarding any particular sober house, seconded by Mr. EIiopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 4 vote. 9.B. CONSULTING SERVICE AUTHORIZATION/AECOM TECHNICAL SERVICES, INC./VETERANS PARK: Approve a Consulting Service Authorization with AECOM Technical Services, Inc. in the amount of $43,500.00 for preparing a Master Plan for Veterans Park. Funding is available from 334-4126-572- 31.90 (General Construction Fund/Professional Services/Other Professional Services}. Randal Krejcarek, City Engineer, stated this item is for a service authorization for Aecorn Technical Services, Inc. (formerly known as Glatting Jackson) for preparing a Master Plan for Veterans Park. In 1987, a Downtown Master Plan was prepared which included the City Marina, Veterans Park, and the connection along the Intracoastal Waterway between both landmarks. Mr. Krejcarek stated since then the marina has been redone and the City almost has a completion on the connection between the park and the marina. In 2002, the Parks and Recreation Master Plan recommended that the City create a master Plan for Veterans Park to address the current needs and current uses of that park. Staff recommends approval of the service authorization with AECOM Technical Services, Inc. in the amount of $43,500.00. 10 04/20/10 Mr. Eliopoulos stated with regard to the contract there are two methods: {1) lump sum and (2) not to exceed an amount He asked when staff actually sits down which one are they actually going with on this design. Mr. Krejcarek stated staff breaks it down by tasks and as we complete a task the City pays them and therefore staff is doing a "not to exceed" and not a lump sum. Mr. Eliopoulos asked what the budget for this park is. Mr. Krejcarek stated staff is going to approach the Master Plan by looking at the uses, the needs of the park, parking, and the types of activities that go on in the park and that is going to tell staff what the budget is going to be for the ultimate reconstruction of the park. Mr. Frankel moved to approve the Consulting Service Authorization with AECOM Technical Services, Inc. in the amount of $43,SOOAO for preparing a Master Plan for Veterans Park, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gxay -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. AMENDMENT TO THE NOTE, MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT/AUBURN TRACE, LTD.: Consider approval of an Amendment to the Note, Mortgage Modification and Subordination Agreement between the City and Auburn Trace, Ltd. Brian Shutt, City Attorney, stated the original agreement was approved by the Commission on March 11, 2010 and in that particular agreement it was provided that the payment made to the City would take place on April 30, 2010. Mr. Shutt stated the City has been informed by Auburn Trace, Ltd. that they would like to request an extension from April 30, 2010 to May 21, 2010 in order to make that payment The City Attorney stated it is his understanding that their closing has been moved back due to delays by the State in processing the documents related to the TCAP funds. Mrs. Gray moved to .approve the Amendment to the Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd., seconded by Mr. Frankel Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 28-~10: Consider approval of Resolution Na. 28-10 opposing proposed Amendment No. 4 (Hometown Democracy) to the Florida Constitution. The caption of Resolution No. 28-10 is as follows: 11 04/20/10 A RESOLUTION DF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION off ce.) THAT WOULD REQUIRE VOTER APPROVAL PRIOR TO ADOPTION OF A LOCAL COMPREHENSIVE PLAN OR COMPREHENSIVE PLAN AMENDMENTS}. (The official copy of Resolution No. 28-10 is on file in the City Clerk's The City Manager stated the Commission asked that staff prepare a resolution dealing with proposed Amendment No. 4 (Hometown Democracy) to the Florida Constitution that will be on the ballots in November. The resolution would formalize the opposition of the City Commission to that particular amendment. Mr. Eliopoulos asked where this information will be placed. The City Manager stated staff will ensure that this information is placed an the City's website and the Commission is free to speak on it ox put out any material they might put out as an individual. Mr. Eliopoulos stated he would also like to get this out to the Chamber of Commerce so they can get the information out to the business communities so everyone can understand what this is about. The City Manager stated the Chamber is very involved in this issue and has been a source of some of the information staff received about the concerns being raised about the impact on job creation and slowing down the whole process of government and land use management. Mr. Frankel stated because of the catchy title and other information out there should this be passed by the Commission, he would ask that whatever easy to absorb information he provided. Mr. Fetzer thanked the Chamber for its active involvement and position on this amendment and stated it is important for all the residents to understand what this amendment is about. He urged everyone to get informed about what this amendment will do to the business community and the negative things that it will do to the economy. Mr. Eliopoulos moved to approve Resolution No. 28-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOI<NTMENT OF OUTS1[DE COUNSEL/HOUSING AND URBAN DEVELOPMENT (HUD) COMPLAINT: Consider approval of outside counsel; Weiss, Serota, Helfman, Fostoria, Cole and Boniske, P.L.; to assist with the Housing and Urban Development (IlUD) complaint that has been filed against the City as well as certain requests related to the City's reasonable accommodation ordinance. 12 04/20/10 Brian Shutt, City Attorney, stated the City currently has an ongoing complaint filed by HUD against the City regarding our reasonable accommodation ordinance and other issues where the City is seeking the guidance of Weiss, Serota, Helfman, Pastoria, Cole and Boniske to assist the City with the HUD complaint. Mr. Shutt stated at a later date there may be othex involvement and if there is, then he will come back before the Commission to seek approval for that. Mr. Eliopoulos commented about the hourly rate and asked the City Attorney if he has any ballpark figures of what the City is going to be spending. The City Attorney stated he anticipates a minimal amount of work in the beginning but it really depends on how much work is really involved once staff starts going through the HUD complaint. The City Attorney stated if there are pleadings that the City would have to answer, etc. regarding the HUD complaint, then it would be more involved than just a minimal review. Mr. Eliopoulos stated he would like to be informed should we start going down that road because he feels the Commission should put some kind of limits on it to see what they want to spend. Mr. Eliopoulos moved to approve the appointment of outside counsel Weiss, Seroia, Helfman, Pastoria, Cale and Boniske, P.L, to assist with the Housing and Urban Development (IUD) complaint, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos Yes; Mr. Fetzer -Yes; Mx. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Matthew Monahan as a regular member to the Police Advisory Board (PAB) to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motian passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 11.A., Comments and Inquiries on Non-Agenda Items from the City Manager. 11.A. City Manager's response to prior public connzuents and inquiries. The City Manager stated at the last meeting Pauline Moody commented about some concerns she had about shrubbery on S.W. 10~' Street at the railroad (CSX tracks) and also some waste material {i.e. cement blocks, etc.) and other things that had been discarded, and broken glass on the sidewalk. The City Manager stated this has been cleaned up. 13 04/20/ 10 Secondly, the City Manager stated at the last meeting two ladies came in concerned about. encounters they have had with dogs in the downtown area and also with panhandling. The Police Department has met with both individuals to get fully informed on their concerns and also discussed with the Police Chief what the City's leash law is and the fact that it can be enforced by police when it is appropriate to do so. The City Manager stated Rob Ficker made a proposal for developing a butterfly garden in one of our large retention areas on Lake Ida Road. Staff does not object to trying that but will start with a smaller area. The City Manager stated the City has some smaller retention areas around the city and we will see how that works out. Lastly, the City Manager stated there was also a concern expressed about parking along S.W. 8a` Avenue obstructing traffic and the Police Department has been requested to check that on Sunday mornings to be sure that there are no violations of City Code either with regard to the width of the street that has to be kept open, or parking near f re hydrants or corners. At this point, the time being 7:06 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. WAIVER REOUEST/ACQUISITION OF REAL PROPERTY: Consider a waiver of advertising and adoption of Resolutions as required by City Code Section 36.04, "Acquisition of Real Property", for purchase of multiple properties located within the City's Neighborhood Stabilization Program (NSP) target area. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Lu1a Butler, Director of Community Improvement, stated this is a request to approve a waiver to City's Code of Ordinances Section 36.04 governing the acquisition of real property which requires advertising and the adoption by resolution to exempt purchases of multiple properties located within the City of Delray Beach target area under the Neighborhood Stabilization Program. Mrs. Butler stated as the Commission is aware from a lot of items that have come before the Commission staff has run into some problems competing with investors who are acquiring REO properties. She stated by the City Commission approving this waiver, it puts staff in a position to bid directly with the bank, have the executed agreement in place and be on par with them so that staff can meet their deadlines. Staff recommends approval of the waiver to Section 36.04 for the Neighborhood Stabilization Program (NSP). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. 14 04/20/10 Mr. Fetzer moved to approve the waiver request for acquisition of real property, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 0$-Z0: Consider acity-initiated amendment to the Land Development Regulations (LDR} Section 4.6.14, "Visibility at Intersections", Section 5.3.1, "Streets" (rights-of--way), Section 6.1.2, "Streets anal Alleys", Section 6.1.3, "Sidewalks", and Section 6.1.4, "Driveways and Points of Access", to update current development standards to better reflect the City's efforts to encourage multiple modes of transportation as well as providing a more reasonable and consistent application of sight visibility. The caption of Ordinance No. OS-10 is as follows: office). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, REPEALING AND REPLACING SECTION 4.6.14, "VISIBILITY AT INTERSECTIONS," TO UPDATE THE MEASUREMENT OF SIGHT VISIBILITY TRIANGLES; AMENDING SECTION 5.3., "STREETS (RIGHTS-OF- WAY), BY AMENDING SUBSECTIONS (D} AND (E); AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION (C)(3), "PAVING WIDTHS"; TO PROVIDE UPDATED MINIMUM PAVING WIDTHS; AMENDING SECTION 6.1.3, "SIDEWALKS"; AND AMENDING SECTION 6.1.4; "DRIVEWAYS AND POINTS OF ACCESS"; TO UPDATE CURRENT STANDARDS TO BETTER REFLECT THE CITY'S EFFORTS TO ENCOURAGE MULTIPLE MODES OF TRANSPORTATION AS WELL AS PROVIDING A MORE REASONABLE AND CONSISTENT APPLICATION OF SIGHT VISIBILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The offcial copy of Ordinance No. 08-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been. legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 15 04/20/10 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a modification to several sections to provide more reasonable and consistent applications of site visibility triangles and it breaks into several categories of site visibility: (1} driveways, streets, and alleys (2) alleys and streets ,.exist, (3) different standards within the CBD (Central Business District), different standards within the single family areas, and different standards as it relates to County, State, and Federal roadways. On April 6, 2010, the City Commission passed Ordinance No. 08-10 at first reading and at its meeting of March 1 S, 2010, the Planning and Zoning Board considered the proposed text amendment and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Corninission regarding Ordinance No. 08-10, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 08-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel --Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT CDBG ANNUAL ACTION PLAN FY 2008-2009 ISUB RECIPIENT FUNDING AGREEMENTIALOHA CLEANERS NUNZIA, INC.: Approve an Amendment to the Community Development Block Grant (CDBG} FY 2008-2009 Annual Action Plan to reallocate $35,000.00 toward Economic Development Activities located within the CDBG target area; and authorize execution of asub-recipient funding agreement with the Aloha Cleaners Nunzio, Inc., under the CDBG program for FY 2009 2010. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other Grants and Aids). Lula Butler, Director of Community Improvement, stated this item is to request a reallocation of $35,000.00 from the City's unspent housing rehabilitation line item budgeted in 2008-2009 into the economic development line item and to authorize the execution of the formal economic development agreement between the City of Delray Beach and Aloha Cleaners far the same amount. Mrs. Butler stated these funds will be used by the business to purchase a specific piece of equipment and it will create one full- time low income job as a result of that. She stated the City is allowed to do this in accordance with 24 CFR 570.301 under Federal Regulations which requires a Public Hearing before the City Commission to do this transaction. Mrs. Butler stated staff advertised on March 18, 2010 and did not receive any comments to that advertisement. Staff recommends that the City Commission approve the reallocation of these dollars and authorize the execution of the agreement between the City of Delray Beach and Aloha Cleaners. 16 04/20/10 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding this item, the public hearing was closed. Mrs. Gray moved to approve the Amendment to the Community Development Block Grant (CDBG) for fiscal year 2008-2009 Annual Action Plan to reallocate $35;000.00 toward economic development activities and authorize execution of asub-recipient funding agreement with the Aloha Cleaners Nunzia, Inc., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 26-10/REVISED CONTRACT FOR SALE AND PURCHASE/WELLS FARGO FINANCIAL SYSTEM FLORIDA13740 LANCEWOOD PLACE: Consider approval of Resolution No. 26-10 for a new sales agreement between the City and Wells Fargo Financial System Florida for the property located at 3740 Lancewood Place increasing the price from $135,000.00 to $140,000.00. The caption of Resolution No. 26-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 11-10 IN ORDER TO AMEND THE PURCHASE PRICE OF CERTAIN REAL PROPERTY 1N PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM WELLS FARGO FINANCIAL SYSTEM FL, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 26-10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this item is requesting an amendment to Resolution No. 26-10 to authorize an increase from the price that the Commission approved at the last agenda from $135,000.00 to $140,000.00. Mrs. Butler stated this is the City's first official closing they are getting ready to do on the NSP Program. She stated this home is purchased at $30,000.00 less than the "as is" appraised value. 17 04/20/10 Mr. Eliopoulos suggested that in the future instead of staff just providing the addresses of these properties, he would like to see photographs of the properties so that the Commission can actually see what the City is purchasing. Mayor McDuffie asked if there is a possibility to approve a range to acquire that property rather than a fixed amount. The City Attorney stated once the City has the appraisal and if it is within the appraised value that the Commission give the authority for the City Manager to execute the agreement because from what staff has seen hours may make a difference as far as putting in a bid on one of these homes. Mrs. Butler stated staff did that on one of the items that was on the Consent Agenda under the professional service listing and noted that staff attached that particular request to that item. She stated by approving that, the Commission has done that for staff. Mrs. Butler stated staff asked for the amount up to $280,000.00 which is the maximum allowed for purchase under the Neighborhood Stabilization Program (NSP}. Mayor McDuffie declaxed the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 26-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 26-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.E. RESOLUTION NO. 17-lOICONTRACT FOR SALE AND PURCHASE/SHARON CLECKLEY/ZEDER AVENUE: Consider approval of Resolution No. 17-10 authorizing the City to purchase a vacant lot located at Southridge Lot 20 Block 10 (Zeder Avenue), to be utilized for affordable housing purposes; and approve a Contract far Sale and Purchase between the City and Sharon Cleckley in the amount of $2a,aoa.oo. The caption of Resolution No. 17-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM SHARON CLECKLEY, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 17-10 is on file in the City Clerk's 18 04/20/10 The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated this is a request for the City to enter into a purchase agreement for the sale of one vacant lot using SHIP dollars in the amount of $20,000.00. The acquisition of vacant lots is an eligible use of the City's dollars and is approved under the City's LHAP {Local Housing Assistance Plan). Mrs. Butler stated the funds are available and staff recommends approval of Resolution No. 17-10 to acquire the vacant lot. Mr. Eliopoulos inquired about the size of the lot. Mrs. Butlex stated the size of the lot is 50 x 130. Mr. Fetzer moved to approve Resolution No. 17-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.F. RESOLUTION NO. 16-101CONTRACT FOR SALE AND PURCHASE/DEUTSCHE BANK NATIONAL TRUST COMPANY1301 S.W. $th STREET: Consider approval of Resolution No. 16-10 authorizing the City to purchase a foreclosed property located at 301 S.W. 8th Street, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and Deutsche Bank National Trust Company in the amount of $73,000.00. (STAFF HAS RE UESTED THIS ITEM BE REMOVED AS THE PROPERTY IS NO LONGER AVAILABLE) Mr. Frankel moved to remove this item from the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this paint, the time being 7:18 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager None. 13.B. City Attorney None. 19 04/20/10 13.C. City Commission 1.3.C.~. Mr. Fetzer Mr. Fetzer stated there is a rezoning request coming up in May before the Planning and Zoning Board regarding the new Wal-Mart that is being proposed at the old Ralph Buick property. He stated he would like to hear recommendations from Francisco Perez-Azua, Economic Development Director. 13.C.2. Mr. Eliagaalos Mr. Eliopoulos stated he supports the WaI-Mart project and stated with regard to the process this will be going to Planning and Zoning for rezoning, then come to the Commission for recommendation, and if the project is approved it would go back through the Site Plan Review and Appearance Board (SPRAB) approval process. Mr. Eliopoulos stated then the applicant would not be coming back before the Commission unless they came for a conditional use for the 24-hours. The City Manager stated unless the Commission appeals the SPRAB decision. Secondly, he attended the Employee Barbeque on Friday, April 16, 2010 and it was a great turnout. ] 3.C.3. Mrs. Gray Mrs. Gray stated she had the pleasure last week of going to Miami for a fundraising event for President Barack Obama and he was the guest speaker. She stated the event was well attended and it was a nice event. Secondly, Mrs. Gray stated she and Alberta McCarthy attended an "Undoing Racism" Workshop that was held for three days. Mrs. Gray stated she is glad that the City is investing and spending money towards RACE relations. 13.C.4. Mr. Frankel attended. Mr. Frankel stated he too attended the Employee Barbeque and it was well Secondly, Mr. Frankel stated he attended the Circle on the Square fundraiser for Old School Square and there was a record turnout. He stated the Committee Chairs and everyone involved did a great job. Lastly, Mr. Frankel stated he would like to get more information about the Financial Review Board letter. 20 04/20/10 13.C.S. Mayor McDuffie Mayor McDuffie stated he is sorry he missed the Employee Barbeque on Friday. Secondly, Mayor McDuffie stated he met with Mrs. Archer and discussed the Drug Task Force website. Mayox McDuffie stated he attended a celebration of American Legion Post #~5. He stated Post #65 was built between the years 1919-1421 and is the oldest Post Home in the State of Florida. He stated it was a great celebration for the soldiers and they are always celebrating our veterans and active armed forces. Mayor McDuffie stated Forgotten Soldiers was also there and it was a great event. Lastly, Mayor McDuffie stated there are at least two people in the City of Delray Beach that are 103 years old. He stated he and Commissioner Gray had an opportunity to go to lunch with a lady by the name of Rose who turned 103 years old and her daughter is 87 years old. Mayor McDuffie stated he also attended a birthday celebration at Pompey Park for Thomas Hickman who turned 103. Mr. Hickman has 13 children and over 100 grandchildren. There being no further business, Mayor McDuffie declared the rrieeting adjourned at 7:28 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 20, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk 21 04/20/10 NOTE TO READER: if the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 22 04/20/10 Page l of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM G.A. -REGULAR COMMISSION MEETING OF MAY 11 2010 AUXILIARY OFFICER JEFF RUBENSTEIN PROCLAMATION ITEM BEFORE COMMISSION This item is to recognize Auxiliary Officer Jeff Rubenstein for his contributions to the technological advancement of the Police Department. ht[p://rniweb001lAgendasBluesheet.aspx?ItemID=3292&MeetingID=257 5/7/2010 WHEREAS, Auxiliary Officer Jeff Rubenstein utilized his expertise in computer technology to develop software programs that made officers' jobs easier, safer and more productive; and, WHEREA5, he developed Virtual Partner, which works in conjunction with the officers` mobile laptops by interfacing with Federal/State databases alerting officers of wanted persons, stolen vehicles and/or potentially dangerous situations; and, WHEREAS, he utilized a magnetic strip reader in conjunction with his software, allowing the officers to swipe any state Driver's License, capturing tl~e information and then auto populating, traffic citations, accident reports, and other customized police reports; and, WHEREAS, he has also patented several other software programs, such as Report Beam, which is a field reporting software allowing the officers to complete their police reports in the field and electronically submit to supervisors; and, WHEREAS, he researches, designs, and outfits all of the marked police patrol cars so that they contain all the necessary equipment needed for patrol and that the equipment is strategically accessible fio reduce injury and easily retrieved during times of emergency. WHEREAS, overall, 1.6 million dollars of computer programs were donated to our organization by Mr. Rubenstein, allowing our officers to remain efficient and effective in their daily activities of investigating crimes and apprehending criminals. NOW, THEREFORE, I, NEL5ON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim: Ai1XILIART OFFICER .IEFF RIIIiENSTEIN A GIiEAT PAIiTi~'EIR TO LAA' ENFORCERIEl~'T 1ND A TRI1E PROFESSIONAL 1-'ITI[ THE CITl OF DELRAI` IIF,i'1(7I and offer congratulations on your commitment and professionalism. IN WITNESS WHEREOF, I leave here unto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 11"' day of May 2010. NELSONS. MCDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING Off' MAY 1I, 20X0 THEODORE A. BUSH, PH.D. AND DORIS A. MEYER PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing Theodore A. Bush, Ph.D Pompey Park baseball field. and Doris A. Meyer far their contributions to the BACKGROUND httpa/miweb001 /AgendaslBluesheet.asp~`?ItemID=3291 &MeetingID=257 5/7/2010 WHEREAS, Doris A. Meyer and Theodore A. Bush, Ph.D. are residents of Delray Beach; and WHEREAS, Theodore A. Bush, Ph.D., is Senior Pastor of the First Presbyeerian Church of Delray Beach; and WHEREAS, field #~ at Pompey Park was transformed to resemble Wrigley Field in Chicago through generous donations by Doris A. Meyer; and WHEREAS, the field was Warned Teddy's Field in memory of Dr. Bush's son, Theodore Paul Bush, who played and loved baseball; and WHEREAS, field #x at Pompey Park has a stone plaque in memory of Theodore Paul Bush recognizing Doris A. Meyer as contributor for the transformation of the field, including a replica scoreboard of Wrigley Field, green ivy on the fence in the right field, yardage marker in replica brick, and major league baseball team banners flying at the top of the fences on all baseball fields at Pompey Park; and WHEREAS, Dr. Theodore A. Bush, Ph.D. and Doris A. Meyer joined together to create Teddy's Field as a place where young people can learn and have fun playing baseball. NOW, THEREFORE, I, NELSON 5. MCDUFFIE, Mayor of the City of Delray $each, Florida, on behalf of the City Commission do hereby acknowledge: DORIS A. MEYER AND THEODORE A. BUSH, PH.D. and call upon the entire community to acknowledge and applaud Doris A. Meyer and Theodore A. Bush, Ph.D. fox their contribution and commitment to the completion of Teddy's Field in memory of Theodore Paul Bush a project called "Field of Dreams". IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be a££ixed this xx`h day of May, zoxo. NELSON S. McDUFFIE MAYOR WHEREAS, this is the 52`~ yEar for'National Safe Boating WeeK' founded in September of 1958; and WHEREAS, the National Safe Boating Councik, Inc. along with the support of 350 groups and organizations, 65% of which are volunteers, devote their timeless effor[s in the pcussrit of safe recrneationak boating practice and piocedut~es; and WHEREAS, the U S. Coast Guard Aiadlia~y Flotilla 36 of Boca Raton :recognizes and is a participant in 'National5afe Boating WeeK'; and WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that wre have suffiaent resotuees to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at tirxies and be a place of chaos and confusion; anti WHEREAS, while being a marvelous source of xecr~eation, boating can be a risky sport to the unprepared. Not knowing or obeying the Navigation Rules, the nautical "Rules of the Road," drinking akcohal or taking drags while operating a boat or choosing not to wear a life jacket are all examples of human error or a lack of pmper lixkg~rtent; and WHEREAS, nearing life jackets can reduce by approximately 80% the number of boaters who lose their kives by drowning each year; and WHEREAS, on average, 7IXl people die each year in boating related accidents in the US. and nearly 70% of these are fatalities caused by drowning and WHEREAS, a significant number of boaters rho lose their lives by drowning each year would be alive todayhad theyworrr their life jacl~is; and WHEREAS, if' people are aware of the risk, they are likely to take tkae precautionary measures to protect themselves, their friends and their family. 'T'hat is why we nntst continue to spread the messages of berating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, the City of Delray Beach Marine Police and the U S. Coast Guard Flotilla 36 of Baca Raton do recagrri~ and support each other's vigorous efforts re~rding 'National Safe Berating WeeK', on a daily basis. NOW, THEREFORE, I, NELSON 5. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 22 - 28, 2010 as: NATIONAL SAFE BOATING WEEK in Delray Beatty Florida, and encourage all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guanci Auxiliary and start the year-round effort to promote safe boating and utge all those who boat to Always Weat Youx Lit'e Jacket! Weaz )t. and practice safe boatinghabits. IN WITNESS WHEREOF, I have heretmta set my hand and caused the Official Seak of the City of DelrayBeach, Florida, to be affixed this ll°' day of May, 2010. NEL50N 5. McDUFFIE MAYOR Page 1 of 1 TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 3, 2010 SUBJECT: AGENDA ITEM 6.D. -REGULAR COMMISSION MEETING OF MAY 11 2010 WATER REUSE WEEK PROCLAMATION ITEM BEFORE COMMISSION Proclaim May 16-22, 2010 as tauter Reuse Week. httpa/miweb0011AgendasBluesheet.aspx?ItemID=3283 &MeetinglD=257 5/7/2010 WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water rresources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 4D3, Fiorlda Statutes; and WHEREAS, Florida's permitted reuse capacity exceeds 7.4 billion gallons per day (over 58 percent of Florida's total permi!#ed capacity for all domestic wastewater treatment facilities); and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water reuse program and encourages efficient and efFective use of reclaimed water. NOW, THEREFORE, 1, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission da hereby proclaim the week of May 16 - 22, 201Q as: '~~r1"!rl'l~l~ 1~l5jJS~: ~1~l:l:i~ and coil upon each citizen and business of Deiray Beach, Florida to help profiect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. 1N WITNESS WHEREOF, 1 have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Fiorlda, to be affixed the 11~h day of May, 2010. NELSON S. MCDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 3, 2010 SUBJECT: AGENDA ITEM S.E. -REGULAR COMMISSION MEETING OF MAY 11, 201{1 NATIONAL PUBLIC WORKS WEEK PROCLAMATION ITEM BEFORE COMMISSION Proclaim May 16-22, 2010 as National Public Works Week. http://miweb0011Agendas/Biuesheet.aspx?ItemID-3286&MeetingID=257 5/7/2010 WHEREAS, public works services provided in our comm,mity are an integral part of our citizens' everyday lives; anal WHEREAS, the support of an understanding and inforrned citizenry is vital to the efficient operation of public works systerr~s and programs such as parks, water, sewers, public biuldings, streets and highways, canal maintenance, and solid waste coIlection; and WHEREAS, the health, safety, and comfort of this corrunrnvly greatly depernds on these facilities and services; and WHEREAS, the qualify and effectiveness of these facilities, as well as their plazining, desigry and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is rr~aterially influenced by the people's attitude and understanding of the importance of the wprk theyperforrri; and WHEREAS, this year s theme `p'ublic Works: Above, Below, & All Around You", is a tr~ute to the many positive improvements public works employees have made to our communities. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Corr~rr-i~Gion, do hereby proclaim the wok of May 16-22, 2Q10 as NATIONAL PUBLIC WORKS WEEK ul Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recogenize the contrbutions which public wvrlcs officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREDF, I have hex~mto set rriy hand and caused the Qfficial Seal of the City of Delray Beady Florida, to be affixed this 11~' day of May, 201D. NELSON S. MCDUFFIE MAYOR Page 1 0~ 1 MEMORANDUM TO: Mayor and City Con:zmissioners FROM: David T. Harden, City Manager DATE: May 3, 2010 SUBJECT: AGENDA ITEM 6.F. -REGULAR COMMISSION MEETING OF MAY 11 201.0 NATIONAL EMERGENCY MEDICAL SERVICES WEEK PROCLAMATION ITEM BEFORE COMMISSION Proclaim May 16-22, 2010 as National Emergency Medical Services Week. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3284&MeetingID=257 5/7/2010 WHEREAS, the week of May 16-22, 2010, has been designated National Emergency Medical Services Week; and WHEREAS, the chosen theme for this year's declaration is "Count on us when seconds count"; and WHEREAS, the theme accurately emphasizes the relationship between local Emergency Medical Service providers and the community in which they serve; and WHEREAS, local Emergency Medicai Service providers have partnered with the community, physicians, and local hospitals in improving public health and wellness through public education programs that raise awareness, medical and injury response and transpor#, disaster response and mitigation, and other initiatives that reinforce communal bonds; and WHEREAS, the City of Delray Beach likewise recognizes the service and sacrifice of local Emergency Medical Services providers; and WHEREAS, throughout our City, Emergency Medics! Service professionals provide a vital and necessary service and in the time of need, Emergency Medical Service providers respond in a timely manner providing lifesaving measures for the residents and visitors of Delray Beach. NOW, THEREFORE, I, NELSON 5. McDUFFIE, Mayor of the City of Delray Seach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 18-22, 2010 as: NATIONAL EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and urge all citizens to honor our Emergency Medical Service teams who faithfully respond when called upon to render aid and to fulfill the greatest creed of all, the service to humanity. IN WfTNE55 WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 11th day of May, 2010. NELSON 5. McDUFFIE MAYOR Page 1 of 2 MEMQRANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May S, 2010 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF MAY 11, 2010 HISTORIC PRESERVATION BOARD AWARDS RECOGNITION ITEM BEFORE COMMISSION The Historic Preservation Boaxd (HPB) selected the winners for the 4th Annual Award Recognition Program at its regular meeting of April 16, 2010. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city, or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board and issued Certificates of Occupancy within the last year. These awards will be presented to the recipients listed below during this City Commission meeting. The design categories and recipients for this year include: NEW SIGNAGE 3S3 Narth Swinton Avenue, Old Sehool Square Historic District Chaya Sharon Heller, Business Owner Sign Factory, Sign Designer RESIDENTIAL ADDITIONS AND RENOVATIONS 1.026 Nassau Street, Nassau Park Historic District Jennifei Lee, Property Owner Roy M. Simon, AIA, Architect All Florida Trees, lnc., Landscaping 220 Dixie Boulevard, Del-Ida Park Historic District Katie and John Murphy, Property Owners Shane Ames, AIA, Architect All Florida Trees, Inc., Landscaping ADAPTIVE REUSE 114 NE 1st Avenue, Old 5choal Square Historic District http://~niweb001/AgendasBluesheet.aspx?ItemID=3304&MeetinglD-2S7 5/7/2010 Page 2 of 2 Roger Cope and Tom McMurrain, Property Owners Cope Architects, Inc., Architect GLM Remodeling and Building, General Contractor Clint Oster, Landscaping PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION Named after the City's first Historic Preservation Planner and a pioneer in establishing Delray Beach's historic preservation program. 114 NE 1st Avenue, Old School Square Historic District Roger Cope and Tam McMurrain, Property Owners PRESERVE DELRAY AWARD In 2009, the Historic Preservation Board (HPB)-added an additional award category, "Preserve Delray Award", in response to the City's recent designation as a Preserve America Community. This category will annually recognize property owners who continually preserve their significant piece of Delray Beach history. This year, the HPB divided the award into residential and non-residential categories. Residential: The Turner House, 145 NE 6th Avenue, Individually Designated Allison Turner and Nancy Turner, Property Owners Non-Residential: The Colony Hotel, 525 East Atlantic Avenue, Individually Designated Jestena Boughton, Property Owner http:/lmiweb0011AgendasBluesheet.aspx?lternID=3304&MeetingID-257 5/7/2010 Page 1 of 1 MEM~RANDiTM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 14, 2010 SUBJECT: AGENDA ITEM 7.8. -REGULAR COMMISSION MEETING OF MAY 11 2410 POLICE ADVISORY BOARD CHAIR RECOGNITION >1TEM BEFORE CONlN1ISSION This presentation is to recognize Mr. Chuck Ridley and Mr. Shelly Weil for their contributions as Chairmen for the Police Advisory Board. BACKGROUND Mr. Chuck Ridley chaired the Police Advisory Board in 2406 and 2047. Mr. Shelly Weil chaired the Police Advisory Board in 2408 and 2009. http://miweb041/Agendas/Bluesheet.aspx?ItemID=3248&MeetinglD=2S7 5/7/2010 Page 1 of 1 ~ v MEMORANDUM TO: Mayor and Criy Commissioners FROM: David T. Harden, City Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 11 2014 RATIFICATION OF SCRWTDB ACTIONS ITEM BEFORE COMMISSION This is before the City Commission to ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of April 1 S, 2010. BACKGROUND By a vote of 7 to 0, the SCRWTD Board approved the following: . Authorization to amend Rule II, Sectian 14 of the Board Rules. . Authorization to decrease the Reclaim User Rate far Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2009/2010 to .241711,000 gallons. RECOMMENDATION Recommend ratification of the actions approved by the SCRWTD Board on April 15, 2010. httpalmiweb401/Agendas/Bluesheet.aspx?ItemID=3257&MeetinglD=257 5/7/2010 RATIFICATION OF 5OUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BDARD ACTION OF APRIL 15, 2010 WHEREAS, the Svuth Central Regional Wastewa#er Treatment and Disposal Board did on APRIL 15, 2010 by a vote of 7=Qf Auffsarizafion fo amend Rule i!, Secfian 74 of fhe Soard Rules. PART-TIME EMPLOYEE: Shall mean employees hired on a parf-fime basis working less-fhan ~"~~ '~_•^^~'~~ ~%•-° fhirty fwo (32) hours or less per week and will be paid for only those hours acfua!!y worked and of the rafe of pay for fhaf job classifca#lan. Part Elms employees receive no paid leave or o#her fringe benefits. WHEREAS, said Board.action requires ratification by the City of ©elray Beach and the Gity of Boynton Beach. NOW, THEREFORE, the City of Defray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY DF DELRAY BEACH By.: Mayor/City Manager Attest: City Glerk Approved as to form: City Attorney F:1docS160ARD M~BTlNGSIRATI~ICAT10NSt2009-20101UelrayBeachRatif 04-15-20? 0. dac 4 RATIFICATION OF SOUTH GENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIQN OF APRIL 15, 2x10 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on APR! L 15, 201 Q by a vote of 7~Q, Authorization to decrease our Reclaim User f?ate far Hunters Run, Counfry Club of FJorida, Quaff Ridge, defray Dunes and Pine Tree for Fiscal Year 2009/204Q to .2477/1,ODU gallons WhIEREAS, said Board action requires ratification by the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: MayorlCity Manager Attest: City Clerk Approved as to form: City Attorney F:lfiocslBOARD MEETlNGS1RATtFlCAT10N512009-2090117e1rayBeacf~Rafif 04-'15-2010.dgc o V ' 07 r~ y M _ j . j IA 1{1 ~ y> ~ W D '~ O A z o o A~ ~d O r N LL C C7 ~ ~ ~ ~ i+7 ~ ti N ~ m ~ N ~ ~ c'Y ~p C: qp ~ Cl ~ No N Oa m ~ o ' c v e`n r- Imo. O !R N V 10 10 O ~j 6 O N ~ ~ O o o W ~ n ~~ m p~ ~ tl~7 © W A N ~ n n ° {~ 1 tY ai of 0 7 i`! ~, ao o m r n ~ ~ e n 0 N nn,, O p .F r ~ ~ N f0 d m Z ~ 33 O n N t5 O ~ k o n M n v a a i n ~ - m ~ m . ~oo ~ ~ o ' ~ 0 , 0 v .~ N W Q ° u°i aMi°r_ ~ us nc ~ ~ ~ ° eye ~ ° ~ chi r~i ° 0 N Q O 4 pp~~ A~ ~ N m ~ ~ ~ ~ j ~ ,` N ~ N ~ ° N ~ 4 ~ tl1 ~ ~ N ~ o o ~ M Gi ~ +~ p p cA ~ ~ ~ i M ,4~ N qa V ~ '~ D d ~ ~ o ~ m ffi t°+I ° } ~ ~ os ~' r°~ M ~ u~i, n °a, m v omi ado ~ ~ o .n m ~ r ~ O I~] r C u1°i o o m d .:.~ ~ r N i'7 11 p C 7 \ •~ ~ vi O N ro ~ /\~VV i !0 ~ 0 9 ~' ~1 ~ N 11 ~ N ~' \ t [ ~ ~ ~ N GI ~ K C C ~ G O yj W ~ a ~ y O m N it II N ~Sj Vy m~ F a m ~ ~ W Oi 1~ ~4 q ~ ~" ~~ boo ~x U L E~ ~ p ~~~mm ~ `~ ~ a ~ a U oo :~~ ¢ m ~' ~ m Y 3 z u Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director 'IiIlZOUGH: David T. Harden, City Manager DATE: May 5, 2010 SUBJECT: AGENDA ITEM B.B. -REGULAR COMMISSION MEETING OF MAY 11 2010 HOLD HARMLESS AGREEMENT/BLOCK 77 DEVELOPMENT GROUP LC ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement between the City and Block 77 Development Group, LC for the installation of two drainage structures within City right-of--way. This property is located at 32 S.E. 2nd Avenue. BACKGROUND In the Downtown Area, the City encourages and allows development to occur up to the pxoperty line. As a result, due to the lack of space on site, drainage structures #6 and #14 were placed in City right-off way. The drainage system at Worthing Place, Block 77, is a private system owned and maintained by Block 77 Development Group, LC. So under this agreement, the City will be held harmless far any damage which might be caused to these structures and the City will not be responsible for their maintenance. RECOMMENDATION Staff recommends approval. http://miweb00l IAgendasBluesheet.aspx?ItemID-3309&MeetingTD=257 5/7/2010 Prepared by: RETURN: R. Brian Shtttt, Essl. City Attorney`s ©fBce 20D N.W. Is# Avenue Delray Beach, Tt.33A4~ HOLD HARMLESS AGREEMENT ~~ THIS HOLD HARMLESS AGREEMENT, is entered ~ ihfo this ~~ day of ~" ~ ~''~ , 20t)~ by and between the CITY OE DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and ~l c(.c •] 7 !~t'~r~~~a ~~"~ ~y~ ~~}'iereinafter referred 1 to as "OWNER"}. Vi~ITNESSETH: WHEREAS, OWNER averts property located at ,~ .~E fix' ~ec.v~ ,Delray Reach, Florida, and has requested CITY to allow for the installation of S~tr~~~u cn ~ s~ t~lte public right-af-way; and WHEREAS OWI~IER a ees to hold CITY Harmless for an dame a hich mi h ~ y g w g t be ~ caused fv the- ~~ -~,,.t~ ~,~~ l~ f{ as a result of maintenance within the public right- _ of way or any action brought against the CITY as a restclt of the~r«<~-~•e r~~.•~vrc,~ ~•~'~~~., t in the public right-v~ way, NOW, THEREFORE, for the mutual covenants and rnaEters set fartlt herein, as of the date set forth above, tl~e parties hereby agree as fallaws: l , The recitations set forth above are incorporated herein, 2. OWNER is the awtter afproperty described in Exhibit "A". 3. That OWNER has to installed a(n) _l~_~~.~'lyci,7x~1 i!.~71. ~`lq~in the area, as shown on Exhibit ";`3", in the ptthlic right-of way pursuant to the City of Delray )3eaclt Code of Ordinances. ~. OWNER acknowledges that tits CITY shall assume no responsibility ar tnaintenanco for the~L~~y1~- -~~~~,, ~~~ ~f~ and any impravetnents thereto, which OWNER places within the public right-of--way and that OWNCR shall be respansibie for the upkeep and maintenance of such ~~+. ~A,r~~, ~~,,~~,~~'~ ~t r~~ and associa#ed improvements in the public right~of--way in accordance with the Code ofOrdinances a:Fthe CITY and upon the direction of the City Engineer, If OWNER fails to maintain the improvements in the public right-of-way, the CITY tnay remove the improvements, in its sole discretion. If the C1TY'S removal of the improvements results in the adjacent property of the OWNER failing to comply with City ordinances, the OWNER shall imtnedia#eiy bring khe property into compliance, 5, OWNER, in consideration of the mutual covenants set forth herei~t, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or arty claim whatsoever made, and damages, which trtay result from the placement or existence of thc-3~r~a~,.~~,~:rP ~`i'~u..~t~,re ~~~~~and _ ' improvements in the publicright-of way, OWNER further agrees to hold tlce CITY, its agents, of~taers, employees and servants harmless far any damage to tlte~n[~.~~~j.C .I!~-ru,~-~c,re ~',~~J~~ and .associated improvements OWNER places within the public right-of way, It is understood that any cost for replacement or repair of the L ,~,~,~~"~~~,°(zire ~ #~ and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for 2 any damage to the c,~t,~~ ~. ~~luc~z~r~ ~~6.-~'~~(~ and associated improvements as a result o#'any maintenance or construction within the publicright-of--way by the CITY, G. The CITY may a# any time and in its sale discretion request that OWNER remove the S~~v -{ter[ ~E ~~ra the public right~of way and OWNER agrees to immediately ~ru, ~ ~ rernave tl~e S~t~~c...~r~ ~.~6 ~t~ fiom the public right-of way. 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at tl~e following address; CITY: City Engineer City of Delray Beacli 434 South Swinton Avenue Delray Beach, FL 33444 i ~~ OWNER: .4.~f~~ ~. ~~ ~ ~ ~,c~A ~ u~ ~ ~ i S. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in tlye Public Records of 1'alar- Beach County and shall run with the land. 9. This Agreement shall be governed by and consh•ued in accordance wi#h the laws ' of the State of Florida, Venue for any claim or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: CITY aF DI3L1tAY BEACH, FLORIDA By; bavid Harden, City IVlanager City Clerk Approved as to Form; 3 sy: City Aktor~ney W SSi~S: _~ ~.~~ (Print or Type Name) °' (Print ar Type Name} STATE OP r (o •~a.. OWNER: By._ ~~~ (Print or Type Name} (SEAL} The faregaing instrument was acknowledged before me this ~ day of ~~"L-5 ~~--,~, 20D~~by _tYl {' {name ofoffieer or agent}, of d 7 ~ crt7~~r~ name of corporation), a / ~'p (State or place of incorporation) corporation, an ehalf of the corporation. lie/She is personally known to roc ar has produced _ ~ +~C~d-c ~ L ,. (type of ide 'cation) as identification and did/did not take an oath. f 9 ~~ Signature afNotary P blic State of ~~,~~~ ~ ,~ „ CATEiERiNi; A. EAgAN Piatary Public, Siate cf ~4orida Cvramisslnnii [7379822 My comm. oxpires March 7, 2Q10 EXl-IIBIT ~fA» TRACT A, "WORTHING PLACE BLOCK 77 REPEAT'!, ACCORDING TO THE PLP-T THERE01=, AS RECORDED iN PLAT BOOK 113 AT PAGES 65 AND 66 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS 51TUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAIN 2.377 ACRES, 11/10RE OR LESS. EXF{1BlT'~B„ • rl ~ifl~ i3~ , - - '~ ' 1~ v. ~~ `~ ~ r r ear EEF }( ~ p _ d n ~ ,Y,P z ~ ~ C i! ii! 74isii3t~~1 ~ ~ g~ ~ ~ ~ ~ '1 ~ ~ \ ~~ ~,~Ai9'a'~'aS~F'~a'i lli~ a ~~ ~ L v f~ - $~i ~ ba v. __ :s-_s.:Ef4iE' ~ ~ { _• dpi ~k .. ~~ - Ri n3 a i5 ' ` `~ _ y- 5i '{ ,Iii ff 1 ... f~ <~ i ~ 4y~ is ~.. 3'r k~?. ':,r'- 1~ ~~ --1'41.J ~ ~ ~ - '`7~4i ~, r7 ~.~~,~` ~ - :. .~. -. o ~6• 'y~ ~ ~ .Z8 v it r. ~•~ - ~ '-'[ ~ G 4 ~d S ~ ~ 5 F8 p ~ F ' fit. 3~ ~i ` Iil ' h ~ 4 c4 L t ~; ,~s , ~_ ~1 1 a ~ ~k ~ c!~ '~ YY (~ i3 ~ ,~ ~~ 666666 [ ££ _ e~ ~ ~' `~ ' T~~i •I a ~ is ~ ..- ,--~ a ~~ ~ , ' t~ I•~ ~ i - iii - .._€ e, ~. f / ~ ~ .~i{ i ~ ~ 3 T _ ~: ~ q _ .'~ , Apo \ ~` ?~, a ; ; q $ ~~\~ ~ ; ~ , ~w~ - - ;i~.> > ^',-~~="r'Y~''Aio-- xr:nxi. 'rte _ L'y ~ ~ ~ r: --r---s----- ~' `~~ 3' # `~ ~~-• ``~~ -~ ~.3 `~.~ ~~~,`5 ~ ~sf STREET '-a--E."re ,T,_.c------ ~-~~~ w a~ d V a ~ti ~~ ~ ~ 0 0 ~m L .o +-+ U 0 s `~~~ ~-~~~ ~ ~. y.. ~ _,,~ r~~~ a`'_. ill = p t~ ~~' ~ ~ m k _ r_r; ~,~ 7, ~~~ ~ ~~~~ ~ t ''~"',~': ~ ~~ ~ ~~ :^ N `, '`I(/3 ~y. ~t ,.~"~ i L rl:~. G ~~~ ,f~. 0 r u, ~ N ,-- am, `~ - ® ~. a e ~` r" ~° ~ , +~1~_ ~~ \J ;yam. ..-=*«{ a ~ ~3~A ~ C r: by~r~: i. ,~. t .; ~ ~'Y.,,~t VJ # ~~ A '~ 1 ~ k•, ,,.w - - - Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 5, 2010 SUBJECT: AGENDA ITEM 8 C -REGULAR COMMISSION MEETING OF MAY l 12010 SERVICI; AUTHORIZATION N0.06-OS.2ICURRIE SOWARDS AGUILA ARCHITECTS ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization No. 05-05.2 in the amount of $4,375.00 to Currie Sowards Aguila Architects for additional professional design services required for the Old School Square Window Replacement Project #2000-065. BACKGROUND On March S, 2009, the City Manager approved Service Authorization {S.A.) No. 06-OS in the amount of $11,750.00 to Currie Sowards Aguila Architects for the preparation of permit and construction details as required for the removal and replacenraent of new impact rated aluminum windows in all existing _ window openings for the Old School Square Gymnasium, Crest Theater, and Cornell Museum. The '° scope included the preparation of drawings and details, including engineered wind pressures, project related meeting attendance and periodic site observations during construction. On May 5, 2009 Commission approved S.A. No. 06-05.1 in the amount of $13,250.40 to Currie Sowards Aguila Architects for additional design details required for prospective bidders to reduce the" potential for change orders due to unknown conditions relative to the condition of the existing window framing. In addition, Old School Square expressed a desire to address the storm rating of the doors throughout the buildings as well. S.A. No. 05-05.1 expands the previous project scope as described in SA #06-OS to provide a more in-depth analysis of existing conditions following the removal of selected windows, preparation of new buck replacement details, preparation of new specif cations and bid package, and preparation of required details for the removal and replacement of selected exterior wood doors and hardware. In addition, this proposal includes services related to bidding, shop drawing review and limited construction observation. There axe a total of twelve (12) exterior doors at Old School Square; the initial design indicated that aluminum door storm panels would be installed on all of the (12) doors. However, during construction it was decided that door storm. panels would be added to only nine (9) of the doors; and another method of httpa/miweb001/AgendasBluesheet.aspx?ItemID=3297&MeetingID=257 5/7/2010 Page 2 of 2 storm hardening would be designed for the three (3) remaining doors. Service Authorization No. 06-OS.2 is for consulting services required for the three (3) doors; labeled G1, T2 and T3 which are located on the north side of the Gym, the west side of the Crest Theater building and the west side of the classroom building; respectively. S.A. No. 06-05.2 scope of services includes: replacing two (2) doors and door frames with impact rated doors, transoms and new hardware; in addition, patching and applying a finish to one (1) existing door, to include replacing door light kit with impact rated glass, replacing transom with impact rated glass, and replacing all hardware with new matching hardware. FUNDING SOURCE Funding is available from 334-4151-572-46.08 (General Construction Fund/Repair & Maintenance Services/OSS Window Replacement}. RECOMMENDATION Staff recommends approval of Service Authorization No. 06-05.2 in the amount of $4,375.00 to Currie Sowards Aguila Architects for additional professional design services required for the Old School Square Window Replacement Project. http://miweb001/AgendasBluesheet.aspx?ltemID=3297&MeetingID=257 517/2010 C~7RRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATIOi~T AATP: May 4, 2014 SERVICE AUTHORIZ~TZON ~ 06-05,2 FOR CONS~I,`i'lNG SERVICES CITY P . O #~ : CITY PROJ'EC'T' ~ CITY .EXPENSE COL3E : TITLE: Storrs Hardening -- 'T'hree Doors @ Qld School Square CSAA 0901.03 This Service Authorization, when executed, shall be ixzcorporated in and shall became an integral part of the Agreement between the City at Delray Beach and Currie Sowards Aquila Architects. T PROJEC'1' DESCRI~'TION This project generally consists of storm hardening of three selected doors at the Old School. Square Campus as £ollows: a} door labeled G1 on the north side of the Gym, b} door labeled T2 on the west side of the Crest Theater building, and c} door labeled T3 an the west side of the classroom building. The intent is to provide storm hardening as best as possible within existing constraints but not necessarily in full conformance with Florida $uilding Codes. TI SCOPE Off' SERVICES The architect wil]. prepare necessary drawings for use during bid and construction as (allows: • door G2 - the exacting wand door sha11 be removed, patched as necessary, and finished. to a new-like appearance. The existing door light kit will be replaced with impact rated glass with surface applied muntins. The existing transom above will be removed and replaced with a new transom of impact rated glass with applied muntins and in accordance with applicable codes. All existing door hardware will be removed and replaced with new matching hardware. s boor T2 - this door, frame, and transom will be remo~red and replaced with a new impact rated door and transom with new hardware in accordance with applicable codes. All finishes will be new and matching the existing dooz. • [?oor T3 - this door and frame wall be removed and replaced with a new impact rated door with new hardware in accordance with applicable codes. All finishes will. be new and matching the existing door. The architect will coordinate with a minimum of three bidders for pricing, including the GC currently on site performing the window replacement project, assist in responding to questions, and observe during construction. III BUDGET Services will be provided far a lump-sum fee of Four Thousand Three Hundred and Seventy Five Dollars ($4,375.00) and No Cents. zV COMP~~TTON DATE Plan revisions will be completed within 30 days from notice to proceed. < This Service Authorization is approved contingent upon the City=s acceptance of and satisfaction with the co~apletian of services rendered in th,e previous phase ar as encompassed by the previous Service Authorization, rf the City in its sole discretion is unsatisfied faith the service provided in the previous phase oz Service Authorization, the City may terminate the .Contract without incurring any further liability. The CONSIIL`TAt~T may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CI~'X Off' BELRAY SEACI3 CURRIE SOWARBS AGIIILA - ARCHITECTS Date: gate: Nelson S. "Woodie" Mcfluffie, Mayor dose N. Aguila, ATA, Principal. (Seal) Attest: Witness Witness STATE OF FLORIDA _ CQ[JL~TY QF' PALM BEACii The following instrument was acknowledged.. Before me this Day of 207.0, - - By 3ase N. Aquila, a£ Currie So~vaxds Aquila Architects, a professional Association. He is personally known to me and did not take an oath. Natary Public My-Commission Expires: SEAL Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 5, 2010 SUBIECT: AGENDA ITEM B.D. -REGULAR COMMISSION MEETING OF MAY 11 2010 SERVICE AUTHORIZATION N0.07-06.2/MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for the Mayor to execute Amendment #2 service authorization #07-06.2 with Mathews Consulting, Inc. for the additional design of SW 12th Avenue Alleys -Additional Services #2007-013. The cost of this Service Authorization is $14,687.00. BACKGROUND The project was successfully bid on August 27, 2009 and the project was awaxded to H&D Construction. Since bidding of the project, the CRA acquired additional land at 133 SW 12~ Avenue and requested the design of additional parking spaces which was approved with service authorization #07-06.1 in the amount of $6148.00. Now the CRA has acquired additional properly at 212, 214, and 226 SW 12th avenue and is requesting additional design services with service authorization #07-06.2 for additional parking spaces. The scope of this work is far the design of additional parking of the aforementioned lots for access to' the alley from the rear of the property. Service authorization 07-06.2 also includes bidding and re-advertising services which will incorporate the alley improvements and all additional design for rear access parking, pending Commission approval to rescind the construction contract with H & D Construction Co., Inc. for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 in the amount of $479,612.00. Amendment No. 2 service authorization #07-06.2 provides for additional engineering design services, and shall become part of the Agreement 07-06 dated Tune 13, 2008 between the parties and that all of the terms and conditions contained in that Agreement, which are not amended by this Amendment No. 2, shall govern. httpalmiweb001/AgendasBluesheet.aspx?ItemID=3308&MeetingID=257 5/7/2010 Page 2 0£ 2 FUNDING SOURCE Funding will be provided by the CRA and is available from account # 334-3162-541-68.49, after rescinding the current construction contract. RECOMMENDATION Approval http://rzliweb0011AgendasBluesheet.aspx?1tem1D=3308&1Vleeting1D=257 5/7/2010 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-06.2 IiOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1.477 TITLE: SW 12`~ Avenue Alleys -Additional Services This Amendment No. 2, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No. 07-06.2 TITLE: Agreement for General Consulting En~ineerin~ervices I. PROJECT DESCRIPTION This Amendment No. 2 provides atditional engineering design services for the SW 12~` Avenue Alley- Phase I project: Tllt: project was successfully bid on August 27, 2009 and the project was awarded to l T~~T~ Cr~nstr~iction. Since bidding of the project, the CRA has acquired additional land alc7a~ S ~~' l 2~' Avenue (Refer to Exhibit 1) and is requesting that additional parking spaces he instxllcd. This scope of wank is for the design of additional parking areas at three (3 j lot locations {all assumed to be standard and not compact). The parking spaces shall be accused from the alley at the reaz of the property. In an effort to maximize proposed parking, it is assumed that nine (9) additional parking spaces will be placed on Lots 212 and 214; and four (4) additional parking spaces will be placed in Lot 226. A11 parking will be designed at a 90 degree angle to the alley. The following assumptions are incorporated into this amendment: • No additional geatechnical work is necessary. • No additional survey work is necessary. • All building(s) on any of the lots have been demolished. • No handicap spaces are required. • Na additional technical specifications are required. Also, H&D Construction has requested to not be awarded the Construction Contract. Therefore, the City has requested Consultant to provide bidding services to rebid the Construction Contract. The additional bidding services are included in this Amendment No. 2. II. SCOPE OF SERVICES Phase III -Final Design Phase 3. Design Drawings: Consultant shall prepare construction drawings which sha11 include: civil planlprofile drawing conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The design associated with Amendment No. 2 will be shown on Drawings C-8 and C-9 of the original design construction drawings. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on the original topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format. Drawings (four copies} shall be submitted far City review at 50% and 140% Stages. 6. Probable Cost Estimate: At the SO% and 1(3f}°ro stages, Consultant shall prepare a detailed opinion of probable cost based npar~ design Cl~'awings approved by the City. $. Meetings: Consultant shall attend two (?)design meetings with the City and provide a written summary of the issues discussed. 10. Final Deliverable: Consultant shall ,furnish four (4) paper sets, one {1} mylar set, one (1) set of AutoCAD (Version 20097 files, and one {l) set of pdf files in electronic format on CD of the Cite ai~pro~~e~1 100% design drawings. Phase N - BiddinglNel;otiatior~ Phase 1. Bidding: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction {including materials, equipment and labox). It is anticipated that work shall be awarded under a single construction contract for Phase I. Consultant shall provide twenty (20} sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall nr~aintain a record of prospective bidders to whom bidding documents have been issued. The new information for the three new parking areas wi11 also be incozporated into the Bid Packages {specifications and drawings). 2. Pre-Bid Services: Consultant shall attend mandatory pre-bid conference and provide a written s~xmmary of issues discussed. 3. Addenda's: Consultant shall issue addenda and shall provide supplerrAental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Sid Recommendati©n: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Demand Star: Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". IIL TIME OF PERFORMANCE The completion dates for this work will be as follows, starting upon receipt of written Notice- To-Proceed from the City. Engineering Services Time per Phase Cumulative Time 50% Design Plans & Cost Estimate 1 week 1 week 100% Design Plans & Cost Estimate 2 weeks 3 weeks* Bidding $weeks 14 weeks * The schedule is based upon conducting a review meeting ti~~ithin 7 calendar days after the City receives the Submittal. All review comments shall be provide: d to C'o~~sultant within 7 calendar days after the City receives the Submittal. An adjustment to the dtr~rail schedule will be required in case the review meetings take longer to be conducted and/or obtaining comments takes longer to receive. COMPENSATION The compensation for services providt•d shall be billed on an hourly basis plus reimbursable expenses for each phase of war~lt in accordance vvi#h Article VII, Method II, up to the following not to exceed cost for each phase. Refer to AttarchmentA for budget summary. En;~ineering Services Phase III -Final Design Phase Phase IV -Bidding Out-of-Pocket Expenses Estimated Fees $ 8,215.D0 $ 5,272.00 $ 1,200.00 (11 TOTAL PROJECT COST $ I~,6S7.00 Notes: ~l~0ut-of-Pocket Expenses include the following: printingfreproduction and postage. This Service Authorization Amendment No. 2 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City inay terminate the contract without incurring any further liability. The Consultant shall commence work upon City Comnussion approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Name Ivid Mathews, P.E., Vice President Title Attest: Approved as to Legal Sufficiency and Form. WiLt2CSS STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2010 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He1She is (personally known to me) or (has produced identifzcation), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement 4 ti o~ tl SC d a R" -N.r ti U ti A Q H Z L!! a a ,~ U N 7 "a m C N •~.. 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E _ ~ ~" e.: ,~ mitca ~ a ~ 1a'ln..It ~ ti ,.;~ C1i ..?~~~LY ~~ ~ , +t.,nri~Ht~.: ~ ~ ~Y: ..:~., ~. .Y ~... y n ~ ~ ~,. , 'r a ~ _ } 1_9~kFY.}Vfl 4 ' ~"J<ui .ty ,yy.. ..a. n. ~ Hr ,~ ~ s. ~• € .~~ ~,' ~ ~~ - i N Y ,~% ck , urw-v +,~ F ~ ~ ~F~rS,i. { µ ry . ,xq,~~r~ .~ } I °'. ~ ~ 1 tt ~.y.,,:,-a~.ar.~+~. ~~ ~ ~ boa ;t:• - ~ ~F' ~ ~ A9fi ~ i,l ~ y E f~ r J J` ~ 3 ti...nn~yy~Y~~ • T F ~ ~ u4,~ ~ J , ~~ i ~ 3 4 ~.. ~1r"'~31~~ ~ f . ~?-.~"4'~~7 'tki ~...:.: ~Y"'r ' r.n.+- sf - .~~~i' - ~, ~• , ~ ' I ~.: I tfr ~ ~ a ` ~ -~' 4, 41.x` ~rH q ~~ ~ E~NlP~SduL„ TM. j .}~i.~-~~ 4^~ir:~ L 4a~~ '! ~ ~ -' IUr:' , ~ s.4. } • i r~« r ,~,1 , ~ ~~ yy'~.M~'-n~,t P N '7?;~ ~~ ~ ~' h`~'r.~ ~ hr~•{M9 L ~ } {, I 4,. T p 7~~ ~ 1 j y-4 _ ty : _ E L ~ 1 ~ ~t y ~rl [ t y~y~ ~~ r. ~t ~ ~dasx~ C~ _~ i E ^r ~~~' ' ~tk~l ~ i r. k r.'~ ', ~ ~ E a .~ rt I ,j J j 1 i'~ ii~'i 1 -~ .. .e ~ ._.._ ..... __.______ [A {. 3 ~~ f ~''` Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 5, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 11, 2010 SERVICE AUTHORIZATION N0.01-37/AVIItOM & ASSOCIATES ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize Mayor to execute Service Authorization number 01-37 with Avirom & Associates for the survey of 26 bus stops in the amount of $21,455.00. BACKGROUND The City was awarded two Florida Department of Transportation {FDOT) Discretionary Grants to install 30 bus shelters throughout the City. The design of all 30 shelters will be completed in-house but 26 of the proposed locations are in need of survey prior to beginning the design. This service authorization is to complete the survey of 26 proposed shelter locations. The survey is required in order to complete plans per FDOT requirements. Attached is a copy of the service authorization and bus shelter location maps. FUNDING SOURCE Funding is available from account numbers 334-3162-541-68.47 and 334-3152-544-65.70 RECOMMENDATION Staff recommends approval of Service Authorization No. 01-37. http:Ilmiweb001/Agendas/Bluesheet.aspx?ItemID=3303&MeetinglD=257 5/7/2010 AVIROM & ASSOCIATES, JNC. CITY OF DELRAY BRACH CONSULTING SERVICE AUTHORIZATION DATE, SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: TOPOGRAPHIC SURVEY FOR TWENTY SIX (2G) NEW BUS SHELTERS This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. Title: TOPOGRAPHIC SURVEY FOR TWENTY SIX (26} NEW BUS SHELTERS I. PR07ECT DESCRIPTION Prepare Topographic Surveys for twenty six (26) bus shelters as detailed at our April 26, 2010 meeting. II. SCOPE OF SERVICES 1) Establish baseline of survey and recover sufficient boundary corners to graphically depict plat boundaries, There is na provision to resolve problems in deeds or Iegal descriptions of adjoining parcels. 2} Utilizing GPS, establish Stata Plane Coordinates on project. 3} Establish on-site benchmarlrs in accord with NGVD 1929 Datum, ~) Locate all above ground features including pavement, fences and evidence of utility. Depict underground utilities from infoz7nation supplied in utility atlas maps and coordinate with City of Delray Beach Utility Department for the location of underground improvements as necessary. 5) We will locate specimen trees 4" diameter and larger. We will provide common naive, diameter-and position of trees. The location of shrubbery and Landscaping is :not included in this proposal. G) Obtain spot elevations on approximate 50' sections. 7) Provide thine {3) certified topographic surveys each of 11" x 17" 40 scale and 24" x 3d" 20 scale and one (1) AutoCAD {2.007} digital file, III, BUDGET ESTIMATE OF SERVICES 2 Man Crew 130 hours at $107.1O/Itour $13,923.04 CADDIDrafling 80 hours at $66.1 Slhour $5,292.00 Professional Suzveyor 15 hours at $150A411zour 2 250.00 TOTAL BUDGET FEE: $2x,465.00 INT. COMPLETION DATE The work for this Service Authoxization will be completed within three (3j weeks. This seiwiee Authorization is approved contingent upon the Gity's acceptance of and satisfaction with the completion of the services rendered in the previous phaso or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without inetu~ing any fct~~ther liability. The CONSULTANT tray not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved. by: CITY OF DELRAY BEACH Date. David T. Harden City Manager AVIROM & ASSOCIATES, INC. ]]ate: ~-~'.~..,~.- ~ ~ ~ Z d t ~ Ivtichael D. Avirom, President ,~ M,. Witne s -.~ Witness Attest: City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH and did take an oath. The foregoing instrument was cknowl ged before me this ~ day of ~ ,2010 By Michael Avirom, Presiden# of Avirom & Associates, Inc, a Florida corporation on behalf of the carparatian. He is pexsonally known to me ~-~. ~ , ~ f Notary Public ~~`,"~,~,.,~ Li9AMiNRtETA ~; ~,~~ k4Y COh1Ai3SSE~N ~ AA 652618 PµbSq UfS~BlW[~8i3 ,~`~.Fl'a~~, Bor3dedThrflNOtey~l~~~~~ u^ i tip '-k~, €'. ty~ ~ ` r ~ i~ R~ r~ 31 ~ . ~, r rt a ~ a i ~~~ j y ~ i ~~ ~ ~ x $ E .nl4i Y. _ ..t . - ~., ' t ~ ~" 4~ i. ~ .1 tr~ r; ~. 4'.. • .8 ~ K.~ ~ ti3„ k ~ '~ ~~ ~ t F yid l a '~ L E " ~ 3 ~ ( : C ..~3 .F.i d 1 k f'C i~ ., ~ .~ 7 'EF ~'. ~ f - ~ ., 4 .rat '~ _-u r _ ~ ~ ~ ~ ~~~ ' ~, P :' d rf~ [ ~ ~ 'Y. 'fX't~7 " y .~~ 4 ,.rye 1 f . n ~ N ~ C i A y. Y LAKE ILIA RDAD ~, .~ o _ ...~ _. j r~ i ~ e '_ N tt«~ 7 o ~• ~ ,~ s~~ ~ ~ ~~ ~ ~ 4~ _ ` Y ~ """kkk _ € Ekh h r ~t ~ ~ .~ . . 4 ~ ~. ~. Y J d ~~~ : _~ ~ rt4, 3 ~~~~ ~dyi ~ ~'. ^3 ' ~ ~fT ~ a ~~~ I~ (r./1 w - y x ~}~~. d. - ~ n~F E ~ E ~, °.: r -~ , i r ~ , ~,~" i 4: j ~ .1~.~ y ~.. ~~ ~ , ~_S:. ~~ ~. ~~. z C va ~ ~,~""° t t ~,N~ Q ~ Y~ ~ E ~ O} ~ o e~ ~ ~'' r~ 4.. '. TY of DELRAY BEACH LAKE kDA ®DAVIS ROAD d ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 7314 FILENAME j 434 SOIftH SYYNTt~N AVETJLIF 6E1.RAY BEACH, FLOPoDA 33444 2007-06U ~ p f 2'j Gi ~. , ~ € t% c i~ l ~. ~~ Y~~ ~ ~`~ a j ~ ~~ x ~ ~ x ~ ..,E k ~ ~ ~ ~ ~ ~ Sl ~ ~ ' y ,4 ~4t L r ~ ~S ~ YID. ~ ~ ~i ~ ~ `~'.t N.f. ~ a ~~ a t. ~~n~ y _ ~ Y t -3 ' 1NEST PARK BAPTIST ChI~URC ~ '~ a~ v ~. ~; "~ r ~' % ~ ~ ~' [ ~ ~ ~ i ~t ~ r: ~ ~ € :<< a :: ~~E~ SHED ~ R ~~ ; o ~ ~~~ ~ 730 Q, ~ s ~ ,. ~~r -~, ~ ~ ,. 4 r ' LQCATIC~N -~ -~~ E, ~ ~ ~ o ~,, r r ~~~~ ~cc ° I . k ~`~ q :, ++ ~ a ~ i - .. ~~ tl ~ e ~ ~~ t p t :d.. ~ i 1 ' 2[ Yi.18. _ _ _ .t .rte .. ~ - QAlE:05/05/2010 CITY of DELRAY BEACH LAKE IDA ~ SUNFLOWER AVE. Q ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 73'10 FILENAME ~ a4a sanH ~wmlr~e avea~, or~egY eeacH, a_o>~nn ~naa 2oo~-oso 2 Of 26 ~;; 1 '~ ~.~ ` ~ ri ' ~~ ~ ~ i is ~~ ~ .' ~ . ~ t ~ '~ ~ ~ ~ ~'' 1 ~h ' t ~ `~ ~~ 7~, ~ ~ E ~ p 3 z ,~ ~`" .~ ~w tE ;, . i y -. ~, ;; , :~'~~~ ~:, r~ ~. ~~ tLL~- ,;~ -~ ~'' ~` CITY of DELRAY BEACH LAKE IDA ®NW 37TH AVE on~:as/o-5/zo,o ~ EMIiRONMENTAL SERVICES ©EPARTMENT BUS SHELTER 7371 ~"~""""E ~ 434 SOU1H BWMON AYBIl1E; DaRAY BEACI-R ~A 53444 2607-060 3 bf 26 vi L N C O Q1 O Q N N O i 0 0 N O O U a DI D v I w 2 N i1 ~, L ~ ~.~ .~. t+Y ,. ~. ~ isc F ,a. ~ ~ ~ , ~xr .. 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E]F3.RAY BE4C7{ ~A 3:4444 2007-060 5 p# 26 Di ,1'~ ~ ~ ~~y, ~ ~ 3..'=era ;} ' t: -~Y* `_ '' ~- ~ {a~ ~ a= ~ i _~ ~ ~ ' ~ ~~ ~ M~'~ ~ ~~7~ .7 ~LT~R ~ ~ ~ ~F ~~ ~ ~ ~ ~ `~~'t..kf ~P rf s ~ . `t~ . ~ t .f~ <it ~ ~ ~. ~ ~ ~ ~ v ' (~ 0 _~. ~ ~ _ rl ! j ~ -~'~,, ~ i~ jhz a t µ*- 'd ~ ~ 3-y ~ ' ~ ~ ~ ~~ . jj 6 - t k ~ ~ , ~. .~. _, . ~,,.~._ ..,ti . , ... ,. f ~ ,. _. ~ , . _ . , , ,,,t. - ~ ~_ ~ . , ;l ~~ :~ r a :~;~. s: l I ~. ~fi1 `..~~~~~,°`m';~w.~.:.:~''~,""~-~ LAKE IQA RDAD _ ~ ~~haa«:4':P~~tF<~a.'aiYlihF, t 5i ~ ~.:. ?. r ~ ,. If'_ O i , ~ a.,~,:.. . _ ,:. ~ .~ ` ~' T I ...,~~; ~ ~~.~ ,~ ., 1~~. o rWrswHr.3l kt'tam..e; ~ 'i ~ E~ a ~:', II ~ ~ ~~ r~ N z z ~ k. X 0 WEST PARK BAPTIST CHURCH..;..... ~~ { _ { ~~ ,_. ~~ ~~ ~, ~ l ~ ~ar ~1i ~" lh !fi'. ~~ u ~_,''` ~~ W ~~ FILENAME fi of 26 - -- - ~' i ~ ,~-~ ~`~ r I ~ t' ~ y ~ ~ ~ ~~ '~ ~n . a£ ~ - .rte ~ ~'+ i~ '~" 1 .- ; ,tN ~~ - - - ~ ~ ~ - - - -~z'' Nr: Ft kk f tG. t . ~•'~ ~ ~ C t~ i nll~~ ' i' ~ F- I d `_ ~ 4 ~~^ ~ ~ ~ ~l 11...~Fr.~~ ~ y ~ rya.-7 ~~.,y'+~ ~ ~~ ~ „7~ ~ ~ ~.~~ ~ ~i ~ ~ y ~} =t~_~,~ ~ E~ ~ 4~ ~ocAT~oN .t ~fi ~~~ ~~~ _. ~,~. ~ ~ . ,~, 4 ~ .4 _~ N '.r. i Y i ... r K ~I .... Ftt .. - ~ li . ~ .. v ,y r .~. ~ ~ p ,~~_-~ ,. ~ ~.: 0 x ~,~ m~~~ 'E o ila~ ~~ "~i- <e';. [ ~-v~d, ~ a _, -< CJ '?s fig: - ~1 O ~ ,[ Y _`~ ~~~ ~ g ~ ~ ~3~ [ s` ~ 'ice 1`' ~ +Xy ~~~~'i ~ t ~,i „'R. S ~ l~ iF~`~ 3i-c+ fk~ t~~ ~ ~ ~u E *y ~ i ~ 3r- ~ k ! 4 . ~ 7 ~ ?Cr 1 i~. q l ;.. .:~ !~k ~~`~1~.. o _ } _ ~, 1 t_ ~ . , c ~ ~ ~~ w -- .. ~... ~ ''. s;. - ~ ~, x ~[ ~ ~ L ~. f ~;: u 3 o rn `+ o ~` N p ~ s`=s~-Wgr . ~ e '_ i ~ 5 o -_ - - - ---- - aATE05/05/2010 CITY of DELRAY BEACH SAKE ~aA ®Nw 37TH AVE FILENAME c ~~m EMIIRONMENTAL SERVICES DEPARTMEM' BUS ao~HosoTE~ 7 of 26 ~ 434 6dJiH SYYNfON AYBdl1~ ~HIfA.Y EiEACH, FLOiiDA 39494 L r' _ H~~ 4' as ~~ _~ -41 _ _ ~..iv.:r ~ ~. ~ ~ V ' ~. ~ ~ ~ { { , ~ ~ ~ r~ 4. ~ `~i } ~ ~ si a 4 ~f ~ H~L,T~R ~, E 1R W. ,_ :~ ~ k, . ~ . tt .. ~ ., :/T 4 i ~ :~ 'n f3 n ~ },. 'JS - ~ 1~~ ~ "~ ~ (4,i~^ ~ :V U ~ O __ na . ~ EE{ i~ ri e'~? . ~~ P ~k CITY of DELRAY BEACH LAKE IDA ®ROOSEVELT AVE DAlE:05/05/2010 ~~ ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 7318 FlLENAME ' 434 BOU7H BWMON AV~tJUE, P~..RAY REACH, PL~EiDA 33444 2007-060 8 O'~ ~ 6 F i.4Kn;. 1 _ .~ .. a w O N O d :~ 0 a 0 O N W ~' F ~ . ~ ~ _ _ .~ , . ~ , ~ __ - ~ I' ~' ~ ~ ~~ h ;: ~~ .T M ~ ,~ '~ 1 ,? t i ~ k E ~ - ~. j _ i f E *. ~.. ~~ -[ Fk- , k " ~~... ~ ~~' ~ 1 ~kt +~ ~ I ~ k k k ~ 1 ~ t9~ ,~ a ~ ~ 3 M ~,f,~ r.r ~ ~3+: } ~ '~ ~. ,~~ t t b ~~ ~ ~. .~ ~ ~~ k I ~: t ~ _ ~ , L Ii.;f h Ct ~ k~ ~ ~~ .° E g ~ ~~-ra~ ~-rh Ir,L~~ ~~ kt I F a k ~ L ~~ i i ~~. fi ~ ~ ~~ ~ ~ ~ k f d t ~ y "t .. ~~ ~P1 ` ~ ~ 1 J , k ~ ~i~ ~ ' ~~~ 1 ,i ~ ' ~ . 7. ~~~i~' U "' ~': a r '~ ~, ~,~ Lu1 G} ~~ TER ` ~'~ ~ r fi~~ , , k- ~ATION 4~,r ~ ' ~ ti~ irP i ~~ ~ ~ ~ ~~ ~ 1 ~• ~ ~ ~ ~~i k 3 ~ t ~~~~ ~_ CITY of DELRAY BEACH SEACREST BLVD AND AVOCADO °"~~as/os/zoo BUS SHELTER 6464 FILENAME EIWIRONMENTAL SERVICES DEPARTMENT 2oo~-a6o 9 OF 26 434 80UTH 81MNfON AVBtiR1E, DBAAY HEACl~f, RAFi~A 33A44 iri _,f, ~ ~r_-_ _ ~., .~_ ~ ~ ';~ ~,,~ ~,: . ` ~ 1 ~ .}.- ~ti ~ ~ ~~~ , { ~ ~ ~ ~. ~ ~ f 1 ~:' f ~ ~ i ~ 1Wi ' '"t pp ~ ~ •.;3 ~ ~ ~ { 3 i Mt i t .a .a ~,?~~`, € 3 : = ~ ;~ .~~ ~fi. ~ ., t -_ ,~. .F i ~~ 'i `~ ~+ { ~ ,,',i ~ 1~ ~~ ~~- ~ ~r ~ - ik ~; ,' ~' ~~ '; , ~ ! k t 1~a ' r ~~ ,~ ~, ~ ~, t ..._#. K! ~4. t _. _ ~ A `i 2 z A { ~ 3 ~4 O ~~ ~ w '~, ~~ ~' ''' 0 a ll~~ N A ~3 ~ ~ ~ O 1 , l ?~ ~~ u~ _ o ,' ~ ~ N 0 F ~Er , o f s o d ~y,.a~ U _ ~ '+L 3 d O y~+ O ~ ~ ~y~ W ~~ X ,ten ~S. ~ % ~ ~<< o ~ i~ F, I.- .J ~ ~ ~ . ~'"~~. ~, ~ ~.« ~~ m H Q i ` k ` ., t ~: , -- ~; "~i, re{eee T ~~,~ a~AT~C~N ~i~: ~. ~~AF ',.,, ~ ~~~ ~: CITY of DELRAY BEACH SEACREST BLVD ~ GULFSTREAM BLVD. °n-~:°s~as/z°'° ~, EMIIRONMEIVTAL SERVICE5 DEPARTMENT BUS SHELTER 6565 ~1LENAA~E 434 80UT}i $WMON AVB+AIE, DBJiAY eFaa~ A 33444 zo°~-asa '10~ OF 2fi a. ~, r ~ ~ ~~ ~ l ~ + ~~a z ~ ~ F xm IN ~ ~ . ~~' ~_ - ~~' ~ ~•. a:~L §~ { ` ~n ., ~ ~ ~„~.. ~ FR ~.~ 3. p .~. ~ ~rct ~"'~ ~ r i. , "~ 9 ~ ~ ~ j f ~, ~ ~- x #. ~.. ~ ~'~ a ~ f~' ll " ~ ~. 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',~; W ; ~ .E t , r ~k 4 , } - i$ .ar t Sf ~ r,: '~ 4 ~'~c'Er-.~ [~R ~ ~ Z ,r ~~ ~~ h~ E ~ ~ k ` k " [t: k 4 Er kill 'ft. 3~ ~~ i 1 k F' jf.:% }~~1 ~ [~~ ~ ~~ ~ 1 ~ ~. s t I L y : ~ ~! '~~ CITY of DELRAY BEACH SE 10TH STREET ® sw 13TH AVE °^~~°~~°~~201° ENVIRONMENTAL SERVICES DEPARTMENT e BUS SHELTER 653D F~~E"ASE 434 BOIfTH SNY~ifiDN AVBiE, DEiFiAY BEACFI, FLOFIDA 33944 20°7--°47 12 OF 2fi ~~ ~a r ~ ~, ` ~ -~.~ ~{ ;~ •'~' ~' w 3 3, -, ~ ;Y ~ '"'4 ~ `5-t ~, ~t ' F1 ~ ~ 1L '~L t i~ ~ ~~~~ k~ ~ ~~ ~ ~ ~ '•~T /~~f 'E'... 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CITY of DELRAY BEACH BARWICiC RD ~ NE 5TH CT on~:o5/os/za9n ~, ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 73x7 FiLEHAME A34 BCWIH BWIYfON AVBJLIE, D9AAY BEAd{ ROFi~A 39A44 zoos-o4~ 6 OE 26 iii ~ ~ '~' ~ SJ ~ ~ ~ ~, ~~. .~ k~ ~TM ~Y 6 ~ ,k t ~ 2 m '~ c v ~ Y ff a ~, ~ ~ ~ ~~ ~ o d` ~, ~ n „ ~ ~ ~ .~ €~~ ~ ~. ~r ~ ~ + ., ~ I E t ~, ~ ~ ~~~ ~ ~ C O r ++ 0 { 1 rt~ n o n i. ~,~ 0 E ~} ~, I`!` ,l ~~ K ~ ~ C~' t ~ ~ .} ~.- a:., y -.i ' kF. t ( ~ ~ H , ~~. F ~z~ ~ ~ ~ 4.1~ ` ~ ~ ~ F ~ ~ •_• t~t~ C ~ I JI~tY`~ `~ `fii y ~ ~ '~ n ~` ii ,A - (RI ~ 1 t~ 1. ~E%•f~~.~ [ F r~(tIG &~ #'$ ', t [ f 1 F ~ t ~ 9q- ~ ~, M ~ .e t f - `~ s ~ i f ~ t~~ ~pk ~y~ T: ~ 4 „6 t~ - t j I ~' ~ ~~ ~~~ Yi t `.f ~ ~k t~ t i~~ LI ~~ i. i r ~ e, ~ E t r ~~ r ~ ~ ~~ ~ # tit ~ ~ # ~ Y -~~i { ~~ 'i ~ ~r f•~h` z ~_ .+ . ~ ~ 3 ~E° ~ n ~ p ~. ~'. `~ ~~ ~ ~7j ~. n ti ~''E ~~ ~ ids" r k~~~ -_ a., ~r; ~ ~ ~ $ '" -~ p k q m ~~ -~ ,~ "~: ii: y a ~i "'tt f ~~ v j q , ~ ..s 1311 ~ ~ ~ ~ ~ y 3 ~-f`-.k ~ ~ .:. rti, r i ~ ~: VILLAGE DR ~ '} s, 4~ Ili k E~ r t~ t :fc F` f~ Y: ~.5 t~ r~~~ ~s [k~~,`'l~ L 3 VL~}i ~j}j 7 .5 ' ~.. ~~kf ..P 3 k'~ ,'~a .. r. CITY of DELRAY BEACH WARWICK RD ® CHAlEU DA7E;Q5/05/2010 ~ ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 73aEa FlLENAME ® aaa eanr~ swnrroN avs,~~, oeAav eeaa~, ran a3aaa 2oo~-oar 17 OF 26 ~:; L &~ ~ '~ F. ~` ~, ~' ~ ~ ` "~ ' '~ ~'~ `'1 f~F I '. [ - ~. ~, ~ r, '' " ',n ~' i .' !. ~ ~.. ~ ~ ~~ ~ ~. a ~; ~ i ~~~~ .. i f u;. ~ ~ ~~CATIC~~ `'~ ~ t fi L~WSON BLW. 1~ i t , f .. r >. ;,, ~ 1~7 `E ~ .' E i ~ ~• ,~ Y ~,n ~~ r~ ~ ~ E ~ ~, .,r k~ i ~r3 ~~ c. _ L ~t '- T~' -{, F '~ , S ~ ~ ~ ~ ~ .~ ~. '~ ~~ ` ~, ,~ J ~...__..._...... 2 y; - f ,F~ ~ z w. :?~ '~ ~ ~ ~ t '~ ,' ` ~, ` ~ ~{ ,~~ ~mm~ r ~ ~~ ~ ~ r rf y ~ ~ ~ ,r ,a ~ f~ y, ~~,, x ~y I + 1 r•,1~ ~ j; f z ~ ~: F ~ ,; T.. t ~sT ~: .[.._ S ., ._ ~ 'yl ~ :.a; d CITY of DELRAY BEACH LOWSQN BLW AT DELAIRE AVE DATE:05/€}5/2010 m ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 6535 FILENAME 434 BOUTH SWhfTON AVENUE bELgAY BEACH, FLOFi~aA ~iA44 2D07-047 ~ $ OF 2s ~I Y L© . ,, :~ ` _E a' ,a. ~ ~ ~ Y'. k' ~~ i } . ~ BLVp. ~~. ~~ .~ ~ 2 ~ ° m . t ~ c ~? t * S ~ .:. i ~' O ' Y . t ~. ~ r yP' yr 4t ~~ v 0 r~ Cti i ~++~.. T I.L1 O .: 1, ~.~; g ~ ~~ ~ '1 a ~ sF ~ -i. .~ ('~ ht + ~...., 9 N O iiii O 'W~ N O ..- O ~ l 4 x o O U ~ - i ^~~E ~ ~ '. 3 ~~* ~ o ~i _~, O E ~i:.:~ry .>*N ~ 1 N ~' J `., '~. W Ln ~ €`; ~,.; ~ ...E ... O ~~ - ' O O r[n-~ t7 ~~ D ~L CITY of DELRAY BEACH HOMEWODD BLVD. AT LOW50N BLVD. DATE:©5/05/2010 $ ENVIRONMENTAL SERVICES DEPARTMENT BU5 SWELTER 6537 FILENAME ~ 434 90U7H SWMON AV9JUE, oe~aAY BEACH, taA 33441 2ao~-aa~ 19 OF 26 d t_. I 0 0 N { ~..~ t17 1. N~ { ~~ t t .~ ~. ~ v ~ ~. ~ T~e n~T, ,= ={ CO ~3 ~~ a~~~ ti._ ~~ ~~ d ~~ v r~ `~ ~' 3~~~1'.~i.r~ t~~~ ~ ~ .ti e, _ ~a q ~ .xw ~ r_` ifir ~~ - k ~ ~I a ~;~t`i ~'f`1.. `:~ ~' 4 r~ ~~~ '.. j '4~.~3 g 3 r a. ~ ~ } ~~ ~~ ~ o t ~ ~ 0 0 ~ ~VW LIVU JErSGCi a a ~ T' o ~ ~ ~ y. ~ ~ Q ~~ =F o ~ ~~ ~ "~ o a, tts; N kk~ CITY Of DELRAY BEACH NW 2ND STREET AT NW 10TH Al1E. nA~:QS/a~/zo,o ~ ENVIRONMENTAEr SERVICES DEPARTMENT BUS SHELTER 7383 ~-i~e"nME= ~ 494 HOUfH BWNrON AYBdUE, DEIAAY BEACH. ~A 39444 2007-047 0 QF 2 Gi 1 } .~ , ~ in{; ~ _ ,~~ ~;~`' Y a a ."`-~ 0 :~ i 0 0 lC) 0 O N o° W N r f i ~ ~~ ~'r - ~"fir~~ rE i,; ~ ~_~ ~ ', l~~ ~~~ ~ ~, v~. - {~~~ J M ~ a fi~ ~ ~ ., KNOWLES E~ARK ~ m' ~ ~~~ ~~ ~ ~~~ ~4 '~- ~,,. ~ a ~ x , ::. " ~, r , i ,t '_ 7 c"~~ ~~r~'?d~ d ~~~t~ ~t ~ ~_~ d i f ~'. ~L ' 3 ,r `~ L~F i ` ~A~ E :. ~. ~ u E .::~ ~~' 4 : ~ ~inklF a '~':P" r..: .,.qj. '" :r ~- ~ E ~.~ ".. ~ ; d „`rr r _ .. ~, :, -rii ~ r , ~. ~, 1~ ~. 3 ~~~~~ aw iii ~E s `. ~°?~ f ~ ~~~ 1 'N v tF ,~ ~ {' E ~k i -. q~. ~ ~{~{ p vi. ~ ~ ; , y t ~ f ~ . } r ~:~' ~- :F: ~."' l [rt "di ~! `~+ ~ clrE ' i r ._~ ~'9 I f' 1' ... i,: Tf. ~ .~~{~ . ~ ~.f '~'• .;. ~~ ~ ~ ~ 1~~ r - i ~ ~ { ~ is '~,E.c. ~ ~ u' rik~~~ u { ~ ~, ~aN :~ }; a°'v. k ~~L CITY of DELRAY BEACH N. FEDERAL HWY AT KNOWLES PARK DATE: 65/05/2010 d ENVIIiiONMENTAL SERVICES DEPARTMEI~IT BUS SHELTER 288 qFi~~"ASE j ~ 434 80UfH BWMON AY9JUE, L>afiAY BEACFI, FL.OFIEIA 33444 2p07-~47 2 1 OF 26 ~~ ,~, t ~ ~~ ~ ~.~ ~i ~; FE r tv i~ 3: ~ ~ ~' c- ~ ~ ~ r ~` i~ - - ~~ ~ ~~ ~ ~ i~ ~ .~ ~ .- ~ ~ pt ~.. F ~ ..' it ' E .. 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CITY of DELRAY BEACH SW 22ND AVE SOUTH OF GERNIANTOWN RD DAlE:D5/D5/2D10 $ EIWIRONMENTAL SERVICES DEPARTAAENT BUS SHELTER 7413 F€LENAFAE ~ 434 sourH ewuroni AV90.1F DH.HAY BEAC1'4 RARDA 33444 2on~-oat 2 OF 2 v a~ 0 X Q 0 N m 0 0 1 ~~~~ ~ i ~3 ~~ ~ ~!' ~ ~~ ~~ wx - -_... :r ...a..t '~ }_.. ~. .. ~ti~ .a«sw.. +~. «+. i t ~~ ~ .~ +~y ,, ~. ~~~< `~ *~ ~ ~~,: ~~ ~ ,;~~ ~S,y; 4 F ,~ ;~~ rs7~, .. r' ~~-1E ~R X355 ~~~ ~ ~ ~~ t ; ~.-~ .r _~7CTI41~ P.. t t~. ,~~. ~; { ,u~ ~ ~ ~~,. ~' ' ~~.. ~ ,~ k~- 5 ~.^~ ~~;€ ~ . ~~ _~_ ~ a .' '4 ~.; s ~1~ >;, - ~ . ~' ~ :- w 3 ~ ?;~ CITY of DELRAY BEACH OLD GERf~1ANTOWN ~ RABBIT HDLL4W DR. on~:os/os/zoio m ENVIRONMEM"AL SERVICES ©EPARTMENT BUS SHELTER 7355 Fi~E"ASE ~ 434 BOIJl31 SWMON AVBJI~ DELRAY BEAG-~ FLOFI~A 33444 207-047 4 Q~ rii In ~~ 1 { j .3. mss- $ " ~ . '~ ~~}+a ` n ~:~~' ,kF~j~ C ~~ ~ i qy, -Eja' 3. „ ~ ~, ~ ~, E ~~ ~ t R ~ ~ 5 ., ~I } ~ ~ .. rs r, a~`{! t ~~, ~ ~ LC~CAµ '~ ~ ~ ~ -~ k ~, . , s ~ ~ i nta. - E u I'~ ~ .. .. ... ...... ~... ~ ~ 6. } t~ ~ 4 Fi r .. ~ .r: {! O ~' ~ ".~. .f1e ~ ~~ ~~ ~ i ~ t ~~ 1 ~ ~ k :rfi -6 ,; ' ~ # ; ~~` ~~ ?~ ~, tom, t ~ ~. ~~., ,3~ . ,~. E N ~ I 1 E ~C~ ~~' ~ ti -H ~;. ~ 3 ~F~ l' F n ~~ ~ w7~ Lkr ,'. ~' ,r - ,, !~ n n~ s#'~` CITY of DELRAY BEACH OtD GERMANTQWN ®VlA VERONA DATE:OS/Q5/2010 $ ENVIRONMENTAL SERVICES DEPARTMENT BUS SHELTER 7356 FILENAME ~ 434 BOUiH 814MC1N AYBJLIF ~EI.AAY BEAD-I, R.DFi~A 33444 2007-047 FJ ~F 2 ~ri ,, .. , r { .~ !. ~' ~ !; - { !,- 1 t~. 1 '. m '.. G''. :u m i 1 ~~ ~; SHELTER ,~ ~_ ..7427 ~ - L.C3CATI~N ~~ ~ ~ ~~ ~~' ~~ ~~~ ,<<.~7 . .; ~~ ~~~ ~., ~~ ~' .%w.~~..a,r~, .~y~ ~ ~~ ~~ ' .,~, a3 ~ it din ~ ti ~ ~_ ~~ ~ ~ '^ ~ n, ~, r~ -3~ .,r?~. ;,r~~ ~~. '" r ~ ~ ~ .~~~ ~~~ ... ~~ ,F ~~ =~• ~ , ~~ ~'~ ~ 7[ ` ~ L ~ -.~' 7 Syr.; ~I~ n' Y y ; ~ ~' ~ ~ ~ ~ ' r a - ,4~,;~. o ~ ~ , } cx. ~, ~ Y i+xh ~ .'~ ~~, } ? s O ~~„.~^.t ~~ ~~'~' .- 'fit ~ ~', " t i ~ i~ it ~ C # ! +yu t [ j O iii' ~14! ,.l e~' ~ ~~'`- .~ ~ 'k ~I III I ~ ~.. -- k~_ j - ~- 3 A. L F (~~ L1 ~ 1~ #. 1 is Ir. '°~. r ` e5 ~ ~1~~7 '~ r ~ ~ 7. e ~~: - k~ { ~d~ ,. ,_..a..:::::~ : ::..............::. ~- M3 ~w F t r~= . ~. .~. ~ 't v O ~ ~~ ~ ~ ~~ ~y ~ w ~F Y adl ~'k y c f ' 1 rn ~ ~.~ , X . - '. E ~ ~ ~ ~ R ~k'S'~"fir ~.'1~ ~ k ~ ~' kF y~~ _ ~' 1• ~ ~ k ~i1 x - ~ F ~ c ~ r z ~ ~~ ~ _ r ~ k ~~ ~ ,kt vi r_t` k°~~`.~~ ~ ~ ~ 7 ~ h ~ ~ V ~ ~ fir,. ~1 }~l € t ~k1. ~ / E ¢ ~~ ~i ~q +- o k ~' R ~~~ `-tt ~ s r r a I t 3 ~~ ~ ,~ 'k s ~ ~ ~ ~ ~' r 33 1 a (- r, ~e Y ~ 3 ~ fi-?~AZfr .s["~: ~ ~I.. k~ {~ t r ~ t ~i~~l '(f ~ P~' ~ ~~ _ t r f CITY of DELRAY BEACH LINDELL .BLVD. AT FEDERAL HWY. °A~:o~~o~iz°'° S ENVIRONMENTAL SERVICES DEPAR~"MENT BUS SHELTER 7427 F~~~uA~nE ~ 434 8'OUit-E 8WMCEN AVBJI~E, oaw-Y eEACH, FLOfiDA 33444 2007-047 6 OF 2 Page 1 of 1 ~'' `~ TO: FROM: MEMORANDUM Mayor and City Commissioners Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri126, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 11, 2010 CONTRACT CLOSEOUT (CHA.NGE ORDER NO. 11~'INAL)ITIIE SIGNAL GROUP, INC./WEST ATLANTIC AVENUE AT S.W. 2ND AVENUE ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 11Fina1} in the net deduct amount of {$45,845.60} and final payment amount of $79,847.35 to The Signal Group, Inc. far the completion of the West Atlantic Ave. at SW 2nd Ave. Signal Replacement Project #2008-039. BACKGROUND The project consisted of the construction of trombone mast arm signals at the intersection of W. Atlantic Ave. {S.R. 806) at SW 2nd Ave. to include conversion of the existing span wire system. Construction included maintenance of traffic, clearing and grabbing, installation of crosswalks, signage, stripping, and irrigation. Change Order No. 1 includes plus and minus quantity adjustments, liquidated damages, and liquidates the residual from contingency allowances. All changes for the project are itemized an the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Palm Beach County and the CRA provided the funding for this project. Residual funds to be liquidated from Purchase Order #656066 to funding account 334-3162-541-68.58 (General Construction FundlOther Improvements/SW 2nd Ave at W. Atlantic Signalization). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. llFinal) in the net deduct amount of ($45,845.60} and final payment amount of $79,847.35 to The Signal Group, Inc. for the completion of the West Atlantic Ave. at S W 2nd Ave. Signal Replacement Project. http://miweb001/AgendaslBluesheet.aspx?ItemID=3273&MeetinglD=257 5/7/2010 CTTY OI± DELItAY BEACH CHANGl1 OItbRIZ TO ORIGINAL CONTRACT CHANGE NO. I ! T=illal(Cautract Closeo~3t) PROJECT NO. 2(fOS-t139 DATE: PROJECT TITLE: Atlantic A~=e. at SW Z°'~ Ave. Signal Replaeen-ent ' TO CONTRACTOR: Tile Signal Git'otip, I~ae. YOU AIZE HEREBY REQUESTER TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PIaRFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CON'T'RACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Sched33le "A"_ SUMMARY OF CON'T'RACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOTINT $329, l 5~J.54 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDE1tED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $32h,I 59.54 COST OF•CONSTRUCTION CI~ANGES TH15 ORDER (~~IS,845.G0~ ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $283,313.9~F PERCEI+€T DECREASE THIS CI•IANGIa ORDER -13.92°/u TO'T'AL PERCENT DECREASE TO DATE -13.92°/a CERTIFIED STATEMENT: I hereby ca>tify that the suppo~~t6ig cost data inciudecl is, in ><r3y considered opil~io~i, accurate and that the prices quoted are fail' acid reaso3ralyle. ` The Signal G1k•oup, Llc• • {Contractor #o sign & seal). TO [3E FILLED OI1T I3Y DEPARTMENT TNITTATING CHANGE ORDER funding is availab{e from account: r DEPARTMENT FUNDING CERTIFIED BY DELRAY F3>;ACH, FLORIDA b}'its City Camntission RECOMMENb: By: _ -- _ Environ~nek~tal Services Mayor APPROVED: City Attorney ATTEST: I3y: City Clerk S:1~ngAdnilnSPrajet~s~?OQ812008d1391OFF3CIA3,SE'3)k F~na4 S"sgnal Group Signsl Rtp3attmtnl GC 0531 iP.docs *~ Tz~vls~n *~ scxT;~uLI; r~1ir, TO CIIAi\'CG OIt1?Elt PTO, 1 / rI\AL (CO\TRACT CL05EOi7T) TTIC SIG1~~1L GI20llP, INC. 1'4'ES"I' A7`LAt\'TIC A~'I+J. AT SLV 2Nn r1Yla. ,SIGitr+.L Ri;PLAC[~14Iti,~r'I' I'/N 2D08-II39 ITEM FDDT CDN'fRAC7 AWARD CONTRACT TO HATE ND. PAY I'fENI t3ESCREPTlDN UNIT EST. QTY, F1NIT PRIGS. TDTAL ACTUAL QTY, UNtT PRICE EICTENDED TOTAL PRIGS 'QUAI'1'f,°[t[?d,. ~.[ >::~-r~.'~ ~ t 1 101-1 h4obltlza]iert LS 1 $ 33,110.40 $ 33,190.00 1 $ 33,110.40 S 33,i10,DD $D,00 2 142-I MalntenanceofTraiBc l.S 1 $ 8,9S2,OD $ 8,962.00 1 $ 8,962.fl0 $ 8,982.00 $0.40 3 110-i-i ClearinDand(irvbbing AC O.SD $ 27,735.4D $ 13,867.60 0.54 $ 27,735.flD S 13,887.50 S4.00 4 334.7-t3 SuparpaveAsphalt£cCancrete,TraificC 'I'I•f 2 $ 1,477.D0 $ 2,954.00 2 $ 1,477.fl0 $ 2,964.00 $D.00 5 820.1-1D Gancrale Casb and puller, T e F I.F 130 $ 41.4D $ 5,330.00 13D $ 41.40 $ 5,330.00 50.04 S 74D•2D-i1 SingfePoslSlgn 125Farless r1S t $ 246.OD $ 296.00 1 $ 246.fl0 $ 286.00 Sfl.00 7 7D0.2r~.64 Singlapast5fgn,Remove r1S q $ i2.5fl $ 50.00 $ 12.50 $ $60.00 8 740.21.41 Multi post Sign (less than bt1 SF) AS t $ 2,706.00 $ 2 708.00 i $ 2,7DB,D0 $ 2 706.00 $fl.00 0 7fl0.4&18 Sign Panel SA I $ 307.OD $ 307.00 i $ 3D7,4q $ 347.00 $fl.DO 10 742.11-1 Dellnealor,FlexibleTuhular EA 26 $ i05.OD $ 2,73D.00 96 $ iD5.4D $ 1880.00 $i05fl.00 17 710~D Final Surface Markings LS I $ 3,444.40 $ 3,444.00 i $ 3,444.44 $ 3 444.flD $fl.00 12 715.14-5 L[ghllng-PU€tl3ox{Remove) FiA 2 $ 457.OD $ 914.00 $ 457.fl0 $ $914.00 13 400.1-15 class € concrete {tdfscepaneous) CY E4 $ 90D.00 $ a OOD.00 $ 9D4.00 $ $9 ODO-4fl 14 555.1-1 Directional Bare, Less then S" lF 280 $ 31.00 $ 8 886,00 280 $ 31.00 $ 8,880-OD $fl-Ofl 15 630.1-12 Conduit, Signals, F S t, Underground LF 335 $ 7.88 $ 2 718,66 3D1 $ 7.88 $ 2,371-88 $348.72 18 832-7-1 Cabte,Slgaal,F&1 Pi 1 $ 4,ig6-00 $ 419fi,00 1.06 $ 4,146.00 $ 4,14S.DD $fl.00 17 833121-1 Cefole, Fiber Optic, F & t Undergroand; Single Mode 7-25 7.F E 300 $ 3-DB $ 3 388.06 17DD $ 3.08 $ 3,38S.flD $fl.Ofl 18 635-1-11 Pall & JuncBon Boxes, F & i EA LS $ 295-DO $ 4 425.D0 i4 $ 295.00 $ 4,9 3fl.DD 5295.40 19 639-1-23 SiOnais, Electrical Power Service: Underground AS I S 1,822,00 7 622.Ofl 1 $ 1,822.00 $ i,822.flD Sfl.00 20 539-2-7 Siguats, Eteeirieel Senrlce Wire LF 154 S 1.58 252.00 i5D $ 1.88 $ 252.0D Sfl.40 2i 599-31-#f90 1das1Arrn,F&I. Custom EA 3 S 48,325,00 $ i44,975.OD 3 $ 48,325.D0 $ 144,975,40 Sfl.06 22 550-51-312 Traffic Signal, F & I, 3 SacDons; i ~vay LED AS 6 S 773,00 $ 4,836.OD 6 $ 773-OD $ d,638.40 56,00 23 853-491 Pedestdan Signal, F R f, LED; Coantdawn, t direction r1S 6 S 739.00 $ 4 434.00 8 $ 739-00 $ 4,434,DD $9.4D 24 859-t0i S"sgaal Head Aux~Tiarios, F & I; Back Plates 3 secilons P,A 4 $ 83.40 3 332.00 4 S 83-OD $ 332.OD $4-DO 2b 859-106 Signal Haad Auxiliaries, F & I; Tunnel Ysor EA IS $ 11.flD $ 198.00 18 • S 11-00 $ 798.60 50.00 26 659-107 Signal Head Auxiliaries, F E. I; Aluar Pedal L'A 2 $ 711.OD $ 1,422.OD 2 S 711.00 $ 1,422-D0 $6.00 27 880-1-109 Loop Detector, ]nducfive, F&I (fy a 9,2 Chan, 35, RM) r1S 6 $ 66.60 $ 393.00 8 S 65,50 $ 393.00 $0.00 28 880-1-110 Loap Detector, ]nduclive, F8i {f}rpe 10,2 Chan,SS,RM 7 AS l $ 65.50 $ 85.50 1.OD S 05.50 $ 65,60 $0-DO 29 880-2-105 LoogAssem6iy,'TypeF AS 7 $ 642.00 $ 5,89A.00 7 $ 842,DD $ 5,894,00 $0-DO 30 865-1 ] pedasvian Detector, F&€ Detector Station, Poie Mounted RA 6 $ 116-00 $ 898.DD B $ 918.00 $ 698,D0 $D,DO 31 870-51-130 TraEfie ControllerAssemWy, FRi SpeUat AS t 5 21,230-00 $ 21,236.06 1 $ 21,23D.00 $ 21,230,D6 $D,OD 32 fi85-ib6 SysiemAanr.,~Bl,UnlnterruplaWePovrerSource EA ] $ 913.00 $ 9i3.OD i $ 9t3.OD $ 913.0D $0.0t7 33 885-12D SyslemAr~iades,FBl,TetamelryTransceiver Is`A 1 $ 2,500.00 $ 2,60D.D0 i $ 2,50D.00 $ 2,b00.00 $D,DO 3q 885.128 SyslemAu~dllades,F8f,lnteffacsPanel >;A t 5 1,895.40 $ 1,696,00 7 $ 1695.D0 $ 1,S96.OD $0.00 35 89p-iD SlgaalHeadTrefBcAssemb ,Removal fsA 6 $ 13,50 $ 81.00 6 $ 13.60 $ Bi.OD $0.00 38 89p-33-i Pole Removal, Deep Dfreci t3ur3al I,F 24 5 91,00 $ 1,$26.00 20 S $1.00 $ 1 620.4D $0.00 37 690-50 Contro3ierAssembly,ReraaveCompleteAssembty IiA I $ 284.D0 $ 284.OD 1 S 28q,00 $ 284.00 $0.00 38 800.00 Deieetar Vehicle Assembly, Remove &A 7 $ 5.42 $ 37,94 7 5 5.42 $ 37.94 $0.00 39 894-8D Span tldue Assembly, Remove }3A I $ 433.00 $ 433.DD 1 $ 433.00 $ 433,00 $0.00 40 89D-9D Conduit & Cabling, Remove Signal Equip h91sa, PI 1 $ 189.Ofl $ 184.D0 1 $ i 69.OD $ 189,00 50.00 41 896-100 Remove Pi 1 $ 568.00 $ 568.A0 1 $ 568.00 $ 588.00 $0,00 42 899-'E-1 fniemel [Efuminafed S€gn, Street Nema EA 3 $ 1,682.00 $ 5 046.00 3 5 1,882.00 $ 5,046,00 $0,06 43 5261-2 Pavers,Architecfaraf,Stdevfalk 31 44 $ 111.OD $ 4,440,DD 0 $ 111.00 $ - $g4g0A0 44 SD0-70 tnigationS~rstem 7.S 1 $ 813.00 $ 813,Oq 4 $ 813,00 $ - $813.06 45 NIA UlllilyAllawance-SreakdownBe[ow GS 1 $ i500A.00 $ ib400.00 0 $ 16,OD0.00 $ 3,483.72 $71,$36.68 Addi8onal costfor rabe€ fa complyvAlh FDDT Standard Index 17745 for reinforcing steel to the drilled shaft; as par rovisad Pian Sfieel i0; which was revised by ftra consultant _ _ - - 7 $ 203-72 $ 203.12 - Additional cost to reiarale and eanVart an above ground conWlbox to an untlergroand eantrot box - - _ ' 1 $ 2,466.06 $ 2,46D.60 - 46 NIA tifideo Aflrnvance I.S } $ 2,D00.00 $ 2,000-00 D S 2,400-OD $ - $2,000AO 47 N!A fndemniftcalion L3 } S 10.OD $ 10-DD 1 5 10.00 $ 10.00 $0-00 TOTAL OREa1NAL CDN'fRAGT AWARl1 5329,1S9.b4 S2S&,313.84 {$30,84&.80) ~-- Pr+~e 1 of 2 ~ E ~* F[1~~~7,7JiD ~~ SCIII;DUI~~__II i it TO CHANGE ORDER ~O. t 1 I~ INAL (COI~'1'liAC'f C:L03EQIJT; TIIT SiGNAI, GROUP, I~fC. 1YLS'I` A'I'LAIVTIC Aj'1;. AT S~3' 21V`D AVT. SIGtiTAL ItTPLACEA1rNT P!!\ 200$-039 CHANGE ORbER N0.1 !FINAL - SRi=AKbDWN Quanllky AdjusEm ants (abovelpa8 a '[ } {$30,845.60) Llquldated Damages (Subs[ant€al Completlon) - 95 days ~ $500.OOIday {57,500.00) Llquldated Damages (t=anal Completion) - 15 days ~u $500.001day ($7,500.U0) TOTAL CHANGI: ORDER 1~t0.11 FINAL {$48,848.80) GRAND TOTAL FINAL CON71tACT 8 CHANGE ORDERS. $2&3,3'13.94 CHANGE ORDER NO. 1 t F[~IAL SUNfMARY Original Gonlract Award $325,189.54 Final Contract io Data $283,313.54 CHANGE ORDER N0.1 ! FIi~AL $45 545.84 Aage 2 of 2 W H .U -a--~ ~~ Q N '~ -.~ ~~ ~~~'{- ~° ~{~ y ~ ¢ ~~~ ~ ~ ~~ y, ~~ ~; gip} ~$ ~. ~ ., ~~ t ¢ ~~~ ~ .:R ~. ,~ , ~ :. ~~ ~: u U (~ cu m '~ L 0 _< ,e ~ o ~- ,~ ~ C] ~ ~ r` ,~~ o`e so 0 N CAD N n ®rN ~~ ©LL ~~ ~` °:` ~~;~ '~ '~ ~ ~ t ~ ~ ; ~~ ~~ _ a ~~ ,~ _ __ ~~ ~~ -; .., ~~ .~ ~, ~ ~~ ~,, ~ ~~.1111 r~u ~* ~ ~r. ~ ~ ~~,- { ,~-''~ ~ ~~r ~L~ d ~4~~~ ~..fi^. y. . S, ~.. k ~ ~~ '. 1. ~ k. r ~~ , ~;~a< Page 1 of 1 MEMORANDUM TO: .Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: May S, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 11, 2010 TRANSPORTATION ENHANCEMENT GRANT APPLICATION UPDATES/MPO ITEM BEFORE COMMISSION This item is before the City Commission fora revision to a Transportation Enhancement Grant application. BACKGROUND At its meeting of April 20, 2010, the City Cammission approved submitting an application for Transportation Enhancement {TE} Grant funds to secure additional funding of the Federal Highway Beautification project. The grant request, as proposed, was to allow the City to complete the construction of the project and seek reimbursement in the year the funding would be available (historically five years out}. Subsequent to this approval Staff was advised that the Florida Department of Transportation could not approve projects under a reimbursement scenario given the uncertainty of the economy today or five years from now. Therefore, staff has modified the TE Grant request to instead construct bike lanes on Homewood Blvd. between Lowson Ave. and Old Germantown Road (for $750,000). This would complete a segment of bike lanes on this roadway in accordance with recommendations of the Pedestrian Bicycle Task Team report. A second request was previously made for funding of the Delray Beach Shuttle program (for up to $750,000); this request remains unchanged. Although research is still being conducted regarding the conversion to Trolley Style vehicles, staff anticipates that some form of service will continue to reap the benefits of the grant, if approved. The $1,500,000 total grant amount remains unchanged. RECOMMENDATION Staff recommends approval of the revised Transportation Enhancement Grant request. http:l/miweb001/AgendasBluesheet.aspx?ItemID=3300&MeetingID=2S7 S/7/2010 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri127, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 11.2010 FLORIDA ASSOCIATION OF PUBLIC ART ADMIlVISTRATORS (FAPAA) CONFERENCE ITEM BEFORE COMMISSION Public Art Advisory Board (PAAB) is seeking approval to send the Staff Liaison and up to 4 other PAAB Members to the Florida Association of Public Art Adzx~inistrators (FAPAA) conference May 19 - 21, 2010. The conference will be held in Fort Piexce, FL. Total cast to the Public Arts Budget will not exceed $700.00. BACKGROUND At the April 26, 2010 meeting, PAAB members discussed the upcoming FAPAA conference, which will be held in Fort Pierce. Members felt that, because of the location of this year's conference, this is an excellent opportunity far PAAB members and the Staff Liaison to interact with other public art administrators from around the state. PAAB unanimously voted to request approval from Commission to spend up to $700.00 to send the Staff Liaison and up to four PAAB members. The Staff Liaison will be Alberta Gaum from Parks and Recreation. Parks axed Recreation has indicated that some of the cost for Alberta's attendance will come from Parks and Recreation budget. The City is currently not a member of FAPAA. We will purchase a membership in order to reduce the total cost of registrations. Funding is available from the Public Art Advisory Board budget. Attached is the conference agenda and registration form. FUNDING SOURCE Funding is available from 115-1702-579.31-90. RECOMMENDATION Staff recommends approval. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3274&MeetingID=257 5/7/2010 .. ~ ~~~:. ~~ ~'~, ~ '. { ~,4 ~~~ 4 ~~ ~~ ~~~~~ ~ ~~_ ~. .,"-~~ ~ 3 T,t~,. 4 ; k f. ~ ~ Florida Association of Public Art Administrators May 19-21, 2010 Sculpture in the Land of Landscape Painters May 19 Wednesday 10:40 a.m.-1:00 p.m. Registration Historic City Hall Lunch on Your Own in Downtown 1:00 p.m.-2:D0 p.m. Reconnection Historic City Hall 2:DD p.m.-3:00 p.m. Our Local Experience -Panel Temporary Public Exhibits; Economic & Tourism Historic City Hall 3:00 p.m.-S:DO p.m. Year in Review Black Box Theatre 5:30 p.m. 7:00 p.m. Welcome Reception Black Box Theatre 6:30 p.m. - 8:30 p.m. Dutch Dinner Cobb's Landing May 20 Thursday Breakfast at Hotel 9:00 a.m. - 11:30 a.m. Tour WOW III Show Sandhurst Hotel -Coach 11:30 a.m. - 1:00 pan. Speaker -Kelvin Hair Highwaymen Oxbow Center Bag Lunch Provided 2:00 p.m. - 3:45 p.m. Keynote Speaker -Bob Lynch Ft. Pierce City Hall. Americans for the Ars, C.E.O. Commission Chambers 4:Q4 p.m. - 5:40 p.m. Emerging Environmental Art Ft. Pierce City Hall Movement: Green Sculpture Commission Chaz~abers 5:30 p.m. -- 7:30 p.m. Reception Historic Platts-Backus House Dinner an Your Own May 2X Friday Breakfast at Hotel 9:00 a.m.-11:00 a.m. Indian River Lagoon Boat & Historical Museum Tour St. Lucie County Dock 11:34 a.m. - 2:00 p.m. Lunch & Business Meeting Historic City Hall Anne W. Satterlee, APR, CPRC, Communications and Marketing Manager City of Fort Pierce, FL 34950 772.460.2200 x308asatterlee@eit~-ftpierce.com www,Floridapub{icAr~.or Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejearek, P.E., LEED AP, G1SP, City Engineer Richard C. Hasko, PE, Environmental Services Director 'T'HROUGH: David T. Harden, City Manager DATE: Apri130, 2010 SUB7ECT: AGENDA ITEM 8 I -REGULAR COMMISSION MEETING OF MAY 11 2010 REVISION OF FUNDING SOURCEIAECOM TECIINICAL SERVICES, INC.IWORTHING PARK ITEM BEFORE COMMISSION ' This item is before the Commission to change the funding far WorthingPark design services to account 117-4133-572.68-19 instead of from account 334-4151-572.68-19. The agreement, in the amount of $44,980.00, was approved at the 06 Apri12010 Regular Commission meeting. BACKGROUND Commission approved the above service authorization with AECOM at the 06 April 2010 Regular Commission meeting in which the account number given as the funding source was inadvertently stated as 334-4151-572.68-19. The funding is actually available in account 117-4133-572.68-19. Staff is requesting that design costs be funded from account 117-4133-572.68-19. FUNDING SOURCE 117-4133-572.68-19 RECOMMENDATION Staff recommends approval. httpa/miweb0011AgendasBluesheet.aspx?ItemrD=3282&MeetingID=257 SI7/2010 Page 1 of 2 MEMORANDUM' TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May S, 2010- SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MAY 11,_2010 GRANT AWARD/FLORIDA DEPARTMENT OF STATEIDIVISION OF HISTORICAL RESOURCES ITEM BEFORE COMMISSION The item before the City Commission is approval of the Historic .Preservation Grant Award Agreement for $15,000 to be used for funding a regional Historic Preservation and Certified Local Government (CLG} training program. BACKGROUND At its March 3, 2010 meeting, the City Commission approved responding to the State of Florida's Bureau of Historic Preservation solicitation for proposals from Florida CLGs to host up to three (3) statewide CLG training programs. On March 18, 2010, the City was notified that Delray Beach was selected to host the southern region's training, and was awarded the $15,000 grant. While a match is not required, the City is responsible for paying the upfront costs, and submitting all expense documentation to the State far reimbursement. The program and all associated expenses must be complete by June 30, 2010. The budget for the training is anticipated to be $16,720. The additional costs will be covered by local sponsorships provided by Cope Architects, Inc ($300), CRA ($1,000), Delray Beach Historical Society ($500), and the Delray Beach Preservation Trust ($150) in addition to a $15 registration fee paid by all participants. At this time we expect a surplus of approximately $1,355. All budgeting was based on 75 attendees, the maximum number of participants the State anticipates. However, this is the first time this type of programming has been done and, based on the responses from those who have been informed of this training, Staff anticipates that there will be at least 7S participants. Any costs associated with additional participants may be offset by the aforementioned surplus, and the additional registration fees obtained. The training program, which has been set to be in conjunction with the Art & Jazz on the Avenue scheduled for June 2~, 2010, is as follows: httpa/miweb0011AgendasBiuesheet.aspx?Item1D=3301 &MeetinglD=2S7 5/7/2010 Page 2 of 2 . Wednesday, June 23, 2010, fi:30pm _ 8:30pm - A cruise reception aboard The Lady Atlantic will pass the locally-designated Marina. Historic District. Two additional local landmarks will be passed on the tour: the Atlantic Avenue Bridge, and the George Bush Boulevard Bridge. Historical facts and information will be provided throughout the two-hour tour. Hors devours and beverages, including beer and wine, will be provided. . Thursday, Tune 24, 2010, S:OOam - 4:30pm -Training will consist of CAMP (Commission Assistance and Mentoring Program) provided by the National Alliance of Preservation Commissions (NAPC). Topics will include Standards and Guidelines, Legal Issues, and two other subjects to be determined. During the lunch break, a tour of the Old School Square and Delray Beach Historical Society Campuses and 114 NE 1st Avenue will be provided. Lunch and break refreshments are included for all participants. . Friday, June 25, 2010, 9:OOam --- A bus tour of the five designated historic districts and other downtown historic sites. An additional tour may be added at 10:30am if necessary. In order to execute the agreement, approval by City Commission is now requested. It is noted that the attached agreement has been reviewed and approved as to form by the City Attorney's office. FUNDING SOURCE Expenditure Account # 001-2511-515-48.91, "2010 FL CLG Training Program." RECOMMENDATION By motion, accept and approve the grant agreement for $15,004 to fund a regional Historic Preservation and Certif ed Local Government (CLG) training program. http://miweb0011AgendasBluesheet.aspx?ItemID=3301 &MeetingID=257 5/7/2010 Historic Preservation Grant Award Agreement Certified Local Government Grants (Federal Non-Matching) Grant Nv. F0906 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Ilelray Beach, hereinafker referred to as the Grantee, relative to the Florida Certified Local Government {CLG) Training Grants Project, hereinafter referred to as the Project. The Department is ~~esponsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the 1?rnjeet. The applieatian, Proposal #o Host 2010 Florida Certified Local Government Training Programs (Proposal}, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code, which regulates 1-listoric Preservation Grants-in-Aid. Pursuant to the FY2t~}8-2ff49 Historic Preservation Fnnd (HPF} federal tz-ant, the Department enters into this Agreement with the Grantee under grant number I=fl9fl6, for the purposes as described in Section Y. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of $15,004.00 ~~ftcen thousand dollars) have been reserved far the Project by fhe Deparhnent, The Department and the Grantee agree as fol]aws: 1. The Project shall include the following Approved Scope of Work: A. The Grantee shall provide the fallowing: 1. In coordination with the Department, facilitate a CLG training sessior- for Florida CLGs and prospective CLGs, including, but not limited to, payment for training session speakers arranged by the National Alliance of Preservation Commissions; 2. In coordination with the Department, promote the training session locally; 3. fn eoordinati~n with the Department, provide registration for training session attendees; 4. In eoordination with the Department, provide a scholarship program fnr training session attendees; 5. Provide a venue for the training session and an opening reception for training session attendees; 6. Provide audiofvisual equigtnent for the training sessinn; 7. Provide arrangements fnr accommodations for training session attendees; S. Provide a list of restanxants fox training session attendees; 9. Solicit and coordinate sponsorships for ancillary activities andlor entertainment for the opening reception and training session; 1 ~. Provide a tour or alternative activities as described in the Proposal highlighting the historic resources and the aacamplishments of the local historic preservation program for training session attendees. B. The Department shall provide the following: l . A designated training session liaison; . 2. Promotion of the training session statewide; 3. Coordination of the training session speakers with the National Alliance of Preservation Conunissians. 11. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING SMALL MATCHING GRANTS AI~lD TAE Ai)MINTSTRATIVE INSTRUCTIQNS FOR HISTORIC P1~ESERVATION PROJECT ACCOUNTABILITY attached as Attachment A hereto; Chapter IA-35, Florida Administrative Gvde•, and the fallowing specific conditions; A. This grant becomes effective on Apr€116, 201[l and ends on June 34, 2010.One Final Report must be submitted by July 3.I, 2010. Ail grant funds shall be expended and all project work shall be completed by June 34, 2014. Na costs incurred after Juno 30, 2fll fl are elig~~le for reimbursement payments. B. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DepartKent_ The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. G. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. D. The Grantee shall designate a Project Manager to serve as liaison with the Department far ail administrative requirements set forth in this Agreement. The designated Project Manager for the project is: Title: Mailing Address: City: Daytime Telephone: Zip Gode; FAX: e-mail; E. The Grantee-shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary #a perform the services set forth in this Agreement, including entering into subcnntracts with vendors for services and commodities. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict confoz~nity with all applicable laws and regulations of the State of ljlorida. G. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in canjunetion with this Agreement. H. Bills for fees or other compensafion for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval, Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, 1tTvrida Statutes. I. The Grantee recognizes that the State of Florida, pursuant to Section 212.118(6), Florida Statutes, is not required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement. J. The Grantee will net disrri,nirate against any employee employed in the performance of this Agreement, or against any applicant far employment because of race, religion, color, disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts For services by,this Agreement. K. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collectiou related tQ the grant. L. These grant funds will not be used for lobbying the Legislature, the Iudicial branch or any state agency. 2 IIl. Payment of funds will be allocated in one reimbursement payment up to a maximum payment of $15,Otlp.p0 (fifteen thousand dollars). A. Request for payment must be made in writing via a Payment Request Form by the Grantee an submittal of the b'lnal Report and must specify the amount of funding being requested. S. The payment shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida. The Department reserves the right to withheld payment if the Grantee fails to provide the required Final Report or is otherwise found to be in vsolation of any terms} of this Agreement or other Agreements with the Department" C. The Grantee shall submit a complete Final Report in conformance with the schedule provided by the I)epartKnent. The report shall provide accurate information regarding the status afproject work, as well as accurate funding expenditure information. Reports that da nit contain accurate information will be rejected. D. The Department shall evaluate all payment requests based on the status afproject work and compliance with the reporting requirements of this Agreement. Payment for project casts will also be contingent upon all authorized project wnrk being in compliance with the Approved Scope of Work as described in this Grant Award Agreement. lV. Consistent with the grant funding expenditure threshold indicated in Attachment A, Part Il, paragraph 1, each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 2i5.9T, Florida Statutes. A. All audits as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign and return to the Department one original copy of Attachment A to this Agreement, which refers to the respons'bility of tine Grantee under the Florida Single Audit Act. C. The Grantee shall complete a Florida Single tludit.4ct Cert~catian included in the b'inal Report. Completion of this certification is required. V. ,Small Purchase procedures must reflect an effort to ensure the competitive selection of vendors. Purchases up to $2,SD0 (two thousand five hundred dollars) may 6e made at the discretion of the Grantee, but attempts must be made to solicit more than one quote per expenditure where feasible. Documentation of efforts to solicit quotes from more than one vendor must be included in the Final Report. A. Single expenditures exceeding $2,500.©[) are subject to state and federal procurement requirements and require approval from the Department prior to the execution of any contracts. For audit purposes, all documentation of solicitation ofvendors and expenditures must be re#ained by the Grantee far five years from date of grant closure. VI. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform ifs abligatians hereunder in accordance with the terms and conditions of this Agreement, VII. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder ofthis Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. VIiI. No delay ar omission to exercise any right, power ar remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. lX. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and ezaaployees, in performance of this Agreement shall actin the capacity of an independent contractor and not as an officer, err€ployee or agent of the State. Bach grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment iri the State Career Service, The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to bean agent, servant, joint venturer, or partaaer of the State. X. The Grantee shall riot assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the 1epartment which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter IA-3S, Florida Administrative Code. if the Depat'tmenf approves a transfer of the Grantee's obligations, the Grantee remains responsiblc for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, ar otherwise, the rights, duties and obligations under dais Agreement shall also be transferred to the successor goverrunent entity as if it were an original party to the Agreement. Xl. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Deparicnent. XII. The following provisions shall apply far the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's . authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 3Q calendar days} and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will de#ail the reasons far the suspension, any corrective action required of the Grantee, and the effective date of the suspension. Z. Commitments. No commitments of funds incurred by the Grantee during tlae period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them. in the notice of suspension or an amendment to it. Necessary and. otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date ofthe suspension, and not in anticipation of suspension or termination.. 3. Adjustments to payments_ Appropriate adjustments to the payments submitted after the effective date of suspension under floe suspended grant will be made either by withholding the payments ar by not allowing the Gratttee credit for disbursements made in payment of unauthorized cos#s incurred during the suspension period. ~1. Suspension period. Suspensions will remain iri effect uzrtil the Grantee has taken corrective action to the satisfaction of the Department nr given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. ,The grant shall be terminated by the Department if the Grantee fails #o respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. , Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. . 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Ageement or any other past or present grant award • agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee sha11 be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in " accordance with this Agreement prior to notification of termination. 2, Ternrina#ion for convenience. Tare Department nr the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3, Termination by Grantee. The Gran#ee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreemen# of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons fox the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effec#ive date of termination. The Grantee will cancel as many outstanding obligations as passible. The Department will allow full credit to the Grantee for the Department's . share ofthe noncancelable obligations properly incurred by the Grantee prior to termination. Casts incurred after the effective date of the termination will be disallowed. Xttt. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Depar#ment of State, R A. Gray Building, 500 South 13ronough Street, Tallahassee, Florida 32399-0250, for the Department, and to The City of I?elray 13each, lflfl Northwest 1St Avettue, Delray Seaeh, FL, 33444 for the Grantee. Unless the Grantee lass notified the Department in writing by return receipt malt of any change of address, all notices shall be deemed delivered if sent to the above address. XIV.Neititer the State nor any agency or subdivisiau of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. ~V. This instrument and the Attachments hereto eurbody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbs] or written, between the parties. No change ar addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. All wri#ten approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT-OF STATE SCOTT M. STROH III Director, Division of Historical Resources lilarida Department of State Date THE CITY ©F DELRAY BEACH Signature of Authorized C3fficial Typed or Printed Name of Authorized Official Typed or Printed Title of Authorized Of~iaial Data Approved as to form end legal sufficiency: ~y: --~ ~, city Rttorney ~ ~~- ~ a -~ i E' ~..- s._ `s. E ,~ i r. ~. E I - fr i I V ATTACHMENT A F0906 City of Delray Beach FLORiD.A SxNGLi: AUDIT ACT 1ZEQUIRBMI~NTS AUDIT REQIII<REMIJNTS The administration of resources awarded by the Deparhnent of State to the Grantee maybe subject to audits and/or monitoring by the Department. of State as described in this Addendum to the Grant Award Agreement. MDNTi'©RING In addition to reviews of audits'conducted in accordance with OMB Circular A-133, as revised, and Section 275.97, F.S., monitoring procedures may include, but not be limited to, an-site visits by Department of State staff, limited scope audits as defined by DMB Circular A-133, as revised, andlor other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of Sta#e determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDTTS PART I: IaED)~RAL~aY FUNDED` This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-speck audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by #his agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determiuation 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 recipient conducted by the Auditor General in accordance with the provisions DMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. IF the recipient expends Iess than $500,000 in Federal awards th its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,00(} in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMk3 Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. `The Internet web addresses Listed below will assist recipients in locating documents referenced in t1~e text of this agreement and the interpretation of cflmpliance issues. State of Florida Department Financial Services (Chief Financial Officer) http:!/www.fldfs, carnl Federal Office of Management and Budget Circulars Index htt~lfwww.whi#choose.gov/omblgrants/index.h~nl -circulars Governor's Office Initiatives, Florida Single Audit Act h :l/www.m floxida.com/m orida/ overnment/ overnorinitiatives/fsaal State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http:llwww.leg,state.fl.us/ PART II: STATIJ FUNDED This part is applicable iFthe recipient is a nonstate entity as defined by Section 215.97(2)(1), l?Iorida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive OfFice of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.656 (nonprofit and for-profit organizations), Rules of the Auditor General. E~ILBiT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In dete+`mimng the state financial assistance expended irl its fiscal year, the recipient shall consider all sources of state financial assistance, including state finan-vial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct ar pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2}(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and far-profit organizations), Rules of the Auditor General. 3. if the recipient expends less than $500,000 th state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conduc#ed in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained Pram other than State entities). PART II)!: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OIvIB Circular A-133, as revised, by or an behalf of the recipient directly to each of the following; A. The Department aF State at each of the following addresses: Office of Inspector General lilorida Department of State Clifton Building, Suite 320 266]. Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated ~in OMB Circular A-133, as revised (the nunnbex of copies required by Sections .320 (d){l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`x' 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. 2, In the event that a copy of the reporting package for an audit required ley PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .3Z0 {e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2651 Executive Center Circle Tallahassee, FL 32301 3, Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following; A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State Clifton Buildirg, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address= Audltar General's Office Room 401, Pepper Building l i i West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 {local governmental entities] or 1©.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable_ 5. Recipients, when submitting financial reporting packages to the Deparment of State for audits done in accordance rx~ith OMB Circular A-133 or Chapters 10.550 (local govemmental entities] or 10.650 {nonprofit and far-profit organizations}, Rules of the Audltar General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. TART Iv: xECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the farms of dais agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, ar Audltar General access to such records upon request. T'he recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EI'HIBTT I FEDERAL RESOURCES AWARDED TO TAE RECIPIENT PURSUANT TO THIS AGREEMi;I\T C(INSIST OF THE FOLLOW][NO: National Park Service, U.S. Department of the Interior, Historic Preservation Fund Gran#s-ln-Aid, CFl]A #~ 15.904, $1S,OQU.00 COMPLCANCL REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS IaOLLOWS: Resources aaaay be used to carry out historic preservation activities such as surveys, preservation plans, National Register nominations, architectural plans and the National Register of Historic Places, and for acquisition or repair of these properties. Development projects must comprise on or more treatments such as preservation, restoration, rehabilitation, and reconstruction. Major reconstruction is not eligible. 4 STATE. RESO~[TRCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RIsSOURGES F R FEDERAL PROGRAMS: Not Applicable. SUI3.lECT TO SECTION 215.97. FLORIDA STATUTES; Not Applicable, COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDEIa I'UTtSI.TANT TO THIS AGREEMENT' AREAS FOLLO~IVS: No# Applicable. The Gran#ee has read this Addendum to the Gran# Award Agreement and has affixed #heit signature: CITY OF DELRAY BEAOH Signature of Authorized Official Typed Naixke anal Title of Authorized Official A~provsd as to farm and legal suf 'oienc~t: sy: ~n~ln ,Cify Attorney ~~~ 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN© VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS Historic Preservation Grams i=osos City of Dairay Beach Gty of Delray Beach C~.G Training Grant This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 Cp'R 11$3.35, participanfis' responsibilities. The regulations were published as Fart VII of the May 26, 1988 Federal Register tpages 191b0-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed far debarment, declared ineligible, or voluntarily excluded from participation i~n this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the sfatements i~a this certification, such prospective participant shall attach an explanation to this proposal. Name an Title of Au orized Representative Signature Bate pf,proved as to form and legal Sufl9ciency: ~y, .,., ity A att rney ~ Z~ ~~ ED Farm GCS-049, 6188 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal gover~~ment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which tf~is proposal is submitted if at any time the prospective lower tier participant learns that its certificatioi was erroneous when submitted or has become erroneous by reason of changed circumstances. ' 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,,' "participant,°' "person," "lirimary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the rr~eanings set out in the Definitions and Coverage sections of rules implementing Executive Order 1.2549. 'You may contact the person to which this proposal is submitted far assistance in obtaining a copy of those regulations. S..The prospective loyver tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. ~i. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, ar voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant anay decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone Number). 8. Nothing contained in the foregoing sha11 be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information ~of a participant is not required to exceed that which is' normally possessed by a prudent person in the ordinary course of business dealings. 9: Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ~D farm GCS-©o9, 8188 ~"'e __ _ STATE OF ~"LORIDA _- Department of Financial,Services -Chief Financial Officer Bureau of Accounting, 200 East Gaines Street, Tallahassee, FL 32399-0354 ~`°°'"~ Telephone (SSO} 413-5519 Fax (S50) 413-5550 Substitute Form `W-9 In order to cairtply with IRS regulations, we are requesting Taxpayer Identificatiozt information that will be used to determine whether y©u will receive a Dorm 1099 for payment(s) made to you by an agency of the State of Florida. For questions regarding this form, please use the address or telephone number provided above. In order to comply with the IRS rules, please provide us with your social security (SSN) or federal employer identification number (FEIN). This is not a request for state sales tax exemption. In the event this information is not provided, or should the I1ZS notify us that the provided information is incorrect, all payments made to you may become subject to a 28°10, Backup Withholding Tax Rate. Please print clearly or type. PART 1-Please provide the correct Tax Identification Number {T'Il~, be it FEYN -or- SSN, and the applicable Warne and address as shown) an your income tax return. The TIN is (checl~ one) FEIN SSN Federal Employer Identification Number (FEIN - or Example99--9999999 Social Security Number (SSN} Exaniple999--99--9999 NAME (as shovun on your income tau return) Business name if sale praprietor ADDRESS CTI'Y, STATE, SIP PART 2 -Below, circle one nuriiber that accurately describes the business or the individual: 1 - C©RPORATIGN, PROFESSIONAL ASSOCIATION OR PROFESSIONAL CORPORATION (A corporation farmed under the laws of any state within the United States.) Z - NOT FORPROFIT CORPORATION (Section SOl(c) (3) Internal Revenue Code) 3 -PARTNERSHIP, JOINT VENTURE, ESTATE, TRUST OR MULTIPLE MEMBER LLC 4 -INDIVIDUAL, SOLE PROPRIETOR, SELF EMPLOYED OR SINGLE MEMBER LLC' (Circle #4 if you are an individual that benefited from a student loan forgiveness payment) 5 - NONCORPORATE RENTAL AGENT 6 - GOVERNM>/NTAL ENTITY (City, County, State or U.S. Government) 7 -FOREIGN CORPORATION OR EN TITY (A foreign entity formed under the laws of a country other than the United States.) If YES is marked below, complete and attach Roan W-SECI. Is income effectively connected with business in the United States? YES Nfl S -NONRESIDENT ALIEN (An individual temporarily in the U. S. who is not a U.S. citizen or resident.) ilnder the penalties ofperjary, 3 certify that i have examined this request and to the best of my knowledge and belief, i# is true, correct and complete. l___~ Signature Bate Telephone Number Title email (optianal) Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri128, 2010 SUBTECT: AGENDA ITEM$.K. -REGULAR COMMISSION MEETING OI' MAY 11, 2010 RESCIND BID AWARD TO H & D CONSTRUCTIONI SW 12TH AVE ALLEYS ITEM BEFORE COMMISSION Request for Commission approval to rescind the construction contract with H & D Construction Co., Inc. for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 in the amount of $479,612.00 and proceed with re-advertising the project for bid. BACKGROUND On September 22, 2009, Commission approved a bid award to H & D Construction Co., Inc. for the construction of SW 12th Avenue Alleys -Phase 1 Project #2007-013 for $479,612.00. Prior to commencement of any work, H & D Construction requested by a letter dated April b, 2010 to rescind the construction contract due to financial issues and inability to retain support from their bonding company. The opening of bids for this project took place on August 27, 2009, therefore, it would be in the City's best interest to re-advertise using the contractor prequalification selection process due to the length of tune since the bids were opened. FUNDING SOURCE Purchase Order to be liquidated to funding account # 334-3162-541-68.49, SW 12th/Auburn Alley Improvements. RECOMMENDATION Approval http:l/miweb001/AgendasBluesheet.aspx?1temID=3278&MeetinglD=257 5/7/2010 April 6, 2f7i0 Etafael C. i3ailestero f3eputy Qirector of Canstructios~ 43Q Sflufh Sw'rntan Avenue Delray 8eaeh, FL 3344 Subject: 5W T 2th Avenue Project ~ 2[3(17-t1~3 L1ear Mr. Ballestern, The purpose of this letter is to sadly and apologetically request that yvf~ not award this prnjerf to our firm. Our firm has gotten Into an extremely tight cash position due in part to non-payment ort private work we undertook and aver leveraging ourselves In regards to projects. -. ': L. ~ .. .. .. .. X6['7 i,'.,: s.ai r:ii:. . As a result of our cash pnsltior7, our banding company has Informed us they will Clot support us on this project in any manner. As you know, we have personal indemnitiP,5 with the borsding company and we must obey their requests. ~IVe therefore ask far your~mercy In this situation and to please release us from this project. We realize the contract has been signed, but we have not started any work and we know there are goad contractors out there in stron~,er financial positions than we find ourselves in right ~~ow. 1Ne hope you will agree to give this to another contractor, perhaps the 2°~ bidder. 4'Ve understand the damage #hls creates for our reputation, but we do riot want to start a job that we do not have the financial strength fo complete. We hope you can understand the persona! financial buraen that will iae created if you do not release us from this project.. - Again with apologies and sadness, ore respectfully submit this request. Michael ~iGlacarrrn James Borne Matthew~5haw . _.' _ f~ .-. _ --. .. -. .. .. - ._.. -'•a:_.. .. - ~~ . :.w f~4:r ~i:. Ley -- ~ ~ ~ ~~®~le',a 1 ! 6~~~a~r I ~~6Je '~st~~e jl ~i~:~;r'~~gr~`•~y i, .;l'.71~~i:k. ~ L 6..7'. ~ ~ ~A~~', ~- Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR THROUGH: DAVID HARDEN, CITY MANAGER DATE: May 6, 2010 SUBJECT: AGENDA ITEM 8 L -REGULAR COMMISSION MEETING OF MAY 11 2fl1f} HOUSING ASSISTANCE PLAN REVISION 2 /DEPARTMENT OF CO1VIlVIUNITY AFFAIRS/ {NSp1~ ITEM BEFORE COMMISSION Request is for City Commission approval for the City of Delray Beach, Community Iznprovexnent Department to revise Section III, paragraph 1.4 Identification of Units in the City's Housing Assistance Plan governing the use of the Neighborhood Stabilization Program {NSP) funds, including the activities and processes to be used. BACKGROUND At the October 6, 2009 meeting, City Commission approved asub-grant agreement to implement activities which include the acquisition, rehabilitation and resale of bank owned/RE0 units within the NSP1 Target Area for the purpose of selling or leasing the units to income eligible households. Staff is recommending that the Housing Assistance Plan be amended as follows (page 8}: 1. Identification of Units - To allow the purchase of homes without constraints on the year built. The plan originally stated we would not purchase properties built prior to 1961. This was initially omitted due to possible time constraints to rule requirements, howevex Staff has found this will no longer be a setback. FUNDING SOURCE RECOMMENDATION Staff recommends approval of Revision 2 of the Housing Assistance Plan, governing the implementation of the Neighborhood Stabilization Program for the City of Delray Beach, Community Improvement Department. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3310&MeetingID=257 5/7/2010 City of Delray Beach _NSP Housing Assistance Plan I. Program Description A. Purpose The purpose of the Neighborhood Stabilization Program is to improve the condition of Delray Beach's neighborhoods which are presently in jeopardy of decline due to rising foreclosure. The program is designed to address foreclosed properties within Delray Beach's Area of Greatest Need. This Housing Assistance Plan shall serve as the framework for implementation of all strategies and eligible activities under the City of Delray Beach's Neighborhood Stabilization Program. S. Areas of Greatest Need 1. The NSP program requires that funds be used to address foreclosure and abandonment in the areas of greatest need. Determinant factors in assessing areas of greatest need are: = ldentified as having the greatest risk for rising rate of home foreclosures 1 risk of abandonment ^ Highest percentage of homes financed by sub-prime mortgage related loans ^ Vacancy rates, as determined by the United States Postal Service The City of Delray Beach used HUD Local Level Data to determine its area of greatest need. Table 2.1 is based on data derived from www.hud.gov. The data has been extrapolated to capture only the areas of greatest need and the data from which this determination was based. Complete data sets can be found at http://www.huduser.or~/datasets/nsp foreclosure_data.html Page 3 of 23 City of Delray Beach - N5P Housing Assistance Plan Table 2.1 HUD Local Level Data -City of Delray Seach Block USPS Tract Group Area Description Risk HMDI Vacancy Scare Rate NW Section Lake Ida Road to Atlantic Ave. 0067.00 1,2 from C.S.X. Railroad to Swinton Ave. 10 44.30% 4.70% South Section SW 10th Street to Linton from 0068.01 1,2,3 C.S.X. Railroad to F.E.C. Railroad 10 47.70% 3.90% SW Section Atlantic Avenue to SW 10th 0068.02 1,2,3 Street from SW 8th Avenue to Swinton Ave. i0 52.10% 4.30% Gulfstream Blvd/George Bush Blvd from Seacrest Blvd. to US Hwy 1 0065.01 1,2 & George Bush Blvd. to ISE 4th Street 9 25.30% 490% 0065.02 1 Geor e Bush Blvd to NE 4~' Street from 9 NE 4th Street to NE 2nd Street from. 0065A2 2 Swinton Avenue to SE 6th Avenue 9 NE 2nd Street to SE 2nd Street from 0065.42 3 Swinton Avenue to SE 6th Avenue 9 21.90% 9.30% Canal L-30 to Canal L-32 from 0066.04 1, 2 South Military Trail to Canal L-31 9 44.00% 2.8% Canal L-32 to Atlantic Avenue from 0069A3 1 Hi h Point Blvd to C.S.X. Railroad 9 Canal L-32 to Atlantic Avenue from 0069.03 2 Hi h Point Blvd 4 High Paint Blvd West to Atlantic Avenue 0069.03 3 from Barwick Road to High Point Blvd South 9 Canal L-32 to South Drive from 0069.03 4 Barwick Road to Hi h Point Drive West 9 25.80% 6A0% Atlantic Avenue to Lowson Blvd from 0069.07 1 Homewood Blvd to C.S.X. Railroad 9 Atlantic Avenue to Lowson Blvd from 0069.07 2 Milit Trail to Homewood Blvd. 9 21.20% 5.40% Lowson Blvd to Canal L-36 from 0069.08 1 Canal E-4 C.S.X. Railroad 9 Lowson Blvd to Canal L-36 from 0069.08 2 Homewood Blvd to Canal E-4 9 Lowson Blvd to Canal L-36 from 0069.08 3 Dover Road to Homewood Blvd 9 Lowson Blvd to Canal L-36 from 0069.08 4 Military Trail to Dover Road 9 25.20% 8.90% Page 4 of 23 City of Delray Seach _ N5P Housing Assistance Plan City of Delray Beach Areas of Greatest Need Map C. Citizen Participation Public input for this Housing Assistance Plan was obtained through face to face meetings with local non-prof t housing providers, social service providers and representatives from neighborhood associations and the general public. A Public Hearing was held on Monday, March 16, 2009 at x:00 PM in conjunction with the meeting of the Neighborhood Advisory Council (NAC) who will, for the purpose of this application, serve as the Citizens Advisory Task Force {CATF}. The Public Hearing was advertised 5 days prior in the Palm Beach Post. A period of 15 days following the public hearing was allowed for public comment period (ending on March 31) prior to submission of application to DCA. The City of Delray Beach shall meet the requirements of the Citizen Participation adopted by the Florida Department of Community Affairs. D. Citizen Advisory Task Force {CATF) The City of Delray Beach Neighborhood Advisory Council (NAC} shall serve as the Citizens Advisory Task Force {CATF) for the purposes of the NSP Program. The NAC is appointed by the City Commission. lts purpose is to serve as the liaison between neighborhood associations and the City to help to improve the overall condition and livability of neighborhoods. All members of the NAC reside within the City of Delray Beach city limits, 7 of the NAC's 14 members live within the areas of greatest need. E. Conflict of Interest Pursuant to 24 CFR Section 570.484 and Chapter 112.311-112.3143, Florida Statutes, the City shall address conflicts of interest by: 1. Identifying potential conflicts of interest (contractors as well as beneficiaries); 2. Placing each NSP award as an item on the City Commission agenda in an effort to notify members of the Commission of the names of the beneficiaries selected to ensure that potential conflicts of interest are timely addressed. 3. Acknowledging by name in the minutes of the Citizens Advisory Task Force and commissionlcouncil meetings so that previously unknown conflicts may be surfaced; 4. Making those conflicts publicly known along with the final rankings based on fihe criteria outlined in the local government`s housing assistance plan; 5. Dealing with those conflicts on a local level; and 6. Requesting waivers of those conflicts when appropriate. F. Leveraging The Community Redevelopment Agency (CRA} has agreed to leverage $400,000 in funding toward NSP strategies. Projects funded under CRA are to be carried out within census tracts that are located within the CRA District and in areas of greatest need. Page a of 23 City of Defray Beach - N5P Housing Assistance Plan G. Program. )<ncome Any program income earned as a result of activities funded under this NSP program shall be returned to the Department of Community Affairs (DCA) within seven {7) days of receipt. Program income earned as a result of activities funded with leveraged dollars from the CRA or otherwise shall not be returned to DCA. H. Amendments to Housing Assistance Plan All amendments to this plan will be approved by the DCA and submitted to Delray Beach City Commission for approval, prior to implementation. For amendments involving addition of an activity, reduction or deletion of an activity, or a reduction in proposed beneficiaries, a copy of the minutes of the meeting of the Citizen's Advisory Task Force (GATE} will be submitted when the proposed amendment is reviewed. A public hearing to obtain citizen continents is required for any amendment involving addition of an activity, reduction or deletion of an activity, or a reduction in proposed beneficiaries. This hearing is in addition to review by the CATF. A copy of this notice shall be submitted with the request for an amendment. I. Sub-Recipients Under the NSP Program, the City may enter into a formal agreement for services with non-profit sub-recipients. A written sub-recipient agreement including all HUD requirements, scope of services, payment information, and reporting mechanisms will be executed prior to the disbursement of funds. The City shall monitor sub-recipients periodically throughout the duration and upon close out of the NSP Program, as needed and in accordance with HUD guidelines. J. Contracts for Services Under the NSP Program, the City may contract with non-profit or for-profit businesses or consultants for required professional services. A formal agreement including all requirements, scope of services, payment information, and reporting mechanisms will be executed prior to the disbursement of funds. Procurement of these services may be obtained by RFP or through employment contracts with individual professionals. Page 6 of 23 City of Delray Beach -NSP Housing Assistance Plan H. NSP Strategies NSP Strategy 1: Housing AcquisitionlRehabilitation of Homes for Sale to Households with Incomes Less than 120°/a of Area Median Iucome AMI Description: The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently bank owned (REO). The City will work with banks to acquire residential units that have been foreclosed and abandoned within the areas of greatest need {as defined in Section I, part B of this plan}. Units will be sold to households whose income does not exceed 120% of AMI. ['i)RCi F,ligible Activities to be undertaken as Hart of NSP Strate~v 1: Ac uisitian 24 CFR 570.201 (a} Disposition 24 CFR 570.201 (b} Homeownershi Assistance 24 CFR 570.201 (n) Rehabilitation 24 CFR 570.202 {a} NSP Strate~v 2: Housing AcauisitionlR.ehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below 50% of AMI. The City proposes to acquire and rehabilitate single family housing units within the designated NSP area of greatest need. Units will be donated to anon-profit or governmental agency for the purpose of renting units to households whose income does not exceed 50% of AMI. f~ilR[~ F,li¢ihlp ArtivitePC to he ~~nrlPrtakpn ac Hart of NSP Rfrate~v 3: Acquisition 24CFR 570.201(a} Disposition 24 CFR 570.201 (b) Rehabilitation 24 CFR 570.202 (a) Page 7 of 23 City of Delray Beach -NSP Housing Assistance Plan III. NSP Activities 1. Acquisition 24CFR S7Q.201(a) 1.1 Summary of Activity This activity will provide funds to acquire real estate owned (REO), foreclosed properties for the purpose of rehabilitation and resale to LMMI households. Properties will be acquired through privately negotiated purchases between a City representative and banks. All REO properties acquired will be utilized for the development of affordable housing to benefit LMMI households. No funds will be used in conjunction with properties that have been or will be acquired through eminent domain. 1.2 Property Type /Purchase Price Limit Acquisition funding will be available for purchase of REO residential units including single family residences, townhomes, and condominiums. Prefabricated, manufactured housing or trailers are not allowable to be acquired under this program. Unit purchase price may not exceed 85% of appraised value at tune of purchase. 1.3 Method for Soliciting Sank Owvned Properties The City will advertise in a local daily newspaper of general circulation to solicit a list of properties from banks, mortgage companies, and entities such as Fannie Mae, Freddie Mac, FHA and HUD. Notice will include information regarding mandatory 1 S% minimum discount. L4 Identification of Units 1.4.1 Criteria for selecting REO units to be acquired Properties eligible for acquisition shall include properties located within the designated Area of Greatest Need. Additional criteria include: ^ No unit where the cost to repair to standard condition exceeds the appraised value. This includes blighted units that require demolition. ^ No unit which has elements that would incur extraordinary costs (e.g. swimming pools, etc.) ^ NSP funds can not pay for washer and dryers or wall A/C units etc. ^ Unit has been foreclosed and abandoned (free of tenants) for at least a period of 90 days. ^ No mobile homes, modular homes or other manufactured housing. ^ Delray Beach will not address any units in the 100 year flood plain. 1.4.2 Real Estate Professional The City may contract with areal estate professional to assist in identifying potential units for acquisition. Professional services rendered Page 8 of 23 City of Delray Beach- N5P Housing Assistance Plan shall include but not be limited to: identification of potential units to acquire, initial on-site inspection of units, estimated probability of re-sale, title search, and negotiation with banks/owners of identified properties, working with Title Company to prepare for closing. 1.4.3 Housing Inspector The City may contract with a qualified housing inspector to perform initial inspections prior to acquisition of any housing unit for the purposes of NSP. Initial inspection will include a preliminary work write up to estimate rehabilitation costs. The qualified housing rehab inspector shall monitor the progress of the work to ensure that is being completed in accordance with specifications. All units must comply with Housing Rehab Standards {see Sec 2.2}. L5 Timeframe REO properties purchased under this activity are required to be made available for resale to LMMI eligible applicants within 45 days from completion of rehabilitation (date of Certificate of Occupancy or Certificate of Completion} and no more than ten months after property acquisition. 1.6 Appraisals Appraisals will be conducted individually and are to be ordered once during initial purchase analysis / 60 days of final offer and again upon resale. Appraiser must be state licensed or certified in good standing with the State of Florida. City will solicit services from multiple appraisers and rotate use of services on an as needed basis using a vendor list. Current market appraised value is defined as the value of a foreclosed upon home or residential property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 24.103 and completed within sixty (60} days prior to making a final offer. l .7 Negotiating with Banks In addition to soliciting banks via newspaper advertisement, owners of REO properties will be contacted directly by the City or City representative. The City ar its representative will negotiate directly with banks. 1.8 Environmen#al Assessments The City will comply with all of the environmental requirements of 24 CFR Part 58. A statutory checklist in accordance with Cl~R 58.5 will be prepared and included in project file. No compliance action, the project reverts to exempt status as per 58.34{a) (12)." Page 9 of 23 City of Delray Beach -NSP Housing Assistance Plan 1.9 Title Search The City Attorney's office will perform required title searches for NSP units. Costs incurred from such title searches will be paid as acquisition costs (see Sec 1.13) 1.10 Fraud Mitigation To prevent fraud or fiscal management related to real estate and financial transactions, the City of Delray Beach will work with a third party management or accounting entity that can assist with asset valuation and secured transactions. 1.11 Closing The City will contract with a real estate attorney or title company for services associated with closing of all sale contracts. if bank that holds REO requires that their attorney or title company be used, the City will do so. 1.12 Insurance on REO properties that the City purchases The City shall provide under its policy all required insurance (including but not limited to liability, fire, casualty, flood, etc). Insurance shall take effect upon closing when acquiring a property and shall end at closing when disposing of that property. 1.13 Acquisition Costs Eligible costs under this activity include but are not limited to purchase of real property, professional services, closing costs, appraisals, title insurance, site surveys, and title searches. 1.14 Uniform Relocation Act All property acquisition shall be undertaken in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" and applicable Florida General Statutes. No NSP funds can be used on permanent relocation activities under the State NSP. Temporary relocation is eligible provided under the regulation of the City's Anti-Displacement Relocation Policy. 1.15 Ordering of Survey Prior to purchasing a property, the City shall order a survey to ensure that there are no encroachments. Page 10 of 23 City of Delray Beach -NSP Housing Assistance Plan 2. Housing Rehabilitation 24 CFR 570.202 (a) 2.1 Summary of Activity This activity will provide funds to finance the rehabilitation of publicly owned buildings and improvements for residential purposes. All properties rehabbed under this activity will be transferred for the purpose of affordable housing to benefit LMMI households for homeownership or rental. 2.2 Rehabilitation Standards The City of Delray Beach `Rehabilitation Standards' is attached to this Housing Assistance plan as Attachment A. All properties acquired under this program will meet the attached standards prior to occupancy by buyer or tenant. Upon completion, the housing unit will meet all of the following standards: 1. HUD Section 8 Housing Quality Standards (24CFR982.401) 2. Local zoning oxdinances 3. State of Florida Building Code 4. Local building code S. Modern, green building and energy-efficiency improvements 6. Florida Energy Efficiency Code far Building Construction (Newly Constructed Housing} 7. Accessibility requirements of 24 CFR Part 8, 24 CFR100.201, and 24 CFR100.205 8. Far manufactured housing, 24 CFR Part 3280 (Preempts state and local codes covering the same for manufactured housing) Prior to initiation of housing rehabilitation, the Housing Rehab Inspector shall determine if the property on which the unit is located meets other appropriate local codes (i.e., nuisance, trash, and other environmental or health codes}, by conduction on-site inspections and researching existing Cade violations. 2.3 Work Write Up Neighborhood Services staff or a contracted qualified housing inspector will prepare a detailed work write-up specifying the improvements needed to bring the unit into NSP Rehabilitation Standards. This work write-up may require further detailed inspection and may include consultation with the building inspections division. The work write-up will consist of a detailed description. of all repairs needed for the unit and a confidential estimate of the associated costs. Specifications will include energy conservation or energy production measures proposed for the structure, and lead based paint inspection and any necessary abatement. 2.4 Soliciting Qualified Contractors for Contractor List Newspaper advertisement will be published at least once annually to recruit interested area contractors. Additionally, public notice will be posted in City Hall at least every 120 days. Bidders list is open to any licensed (by the State of Page t1 of 23 City of Delray Beach - N5P Housing Assistance Plan Florida, Department of Business and Professional Regulations) and insured General Contractor who wishes to participate in the program. Application to be included on bidders list is available on a rolling basis, year round {24 CFR 85.30. 2.5 Contractor Screening The City may disqualify any General Contractor with a known record of discriminatory employment practices or who appears on HUD's list of debarred contractors. Contractors will be expected to comply with applicable equal opportunity and civil rights laws and regulations. The City will encourage participation by minority contractors and will provide assistance to them in qualifying to perform rehabilitation work. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed by the State of 1~ lorida, Department of Business and Professional Regulation. 2.6 Contractor Project Limits A single contractor shall be limited to a maximum of three (3) projects at any given time. 2.7 Bid Process 2.7.1 Invitation to Bid An Invitation to Bid letter will be sent in writing (mailed, faxed or emailed) to General Contractors who have previously qualified for inclusion on bidders list. 2.7.2 Bid Awards Sealed bids will be received and reviewed by the Neighborhood Services staff, which shall make recommendations for award. Bids will be awarded under purchasing and bidding policies established by City administrative policy and state statute: Consideration may be given to such factors as past contract performance, time of performance, and apparent capacity to carry out the work. Bids for rehabilitation or reconstruction of housing units shall specify that they shall only be accepted from contractors licensed by the State of Florida, Department of Business and Professional Regulation. 2.8 Contracts All rehabilitation contracts will be executed between the General Contractor and the City of Delray Beach. 2.9 Inspections During construction, the Neighborhood Services staff or its designee and the City building inspections division will periodically inspect the work to ensure compliance with contract work specifcations and the City Building Codes. Page 12 of 23 City of Delray Beach -NSP Housing Assistance Plan 2.10 Payments All contract payments shall be made by the City directly to the General Contractor. Contractor will submit required pay request forms which will require Department Head approval, prior to issuance of payment. Progress payments may be received prior to contract completion, but progress payments will be subject to a 10% retention requirement and payments shall not exceed 75% of the total contract prior to contract close-out. Payment request forms will be processed by timely submissions and the City will review and approve all work. 2.11 Change Orders Changes in work that may become necessary during construction will be negotiated by the Neighborhood Services staff and approved in accordance with City bidding/purchasing policies. The General Contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. The Contractor shall agree in his or her bid and subsequent contract, that any change orders for rehabilitation or reconstruction of housing units which cumulatively exceed one thousand dollars ($1,000) above the original contract amount, shall only be paid with NSP funds if those change orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8 Housing Quality Standards. The Contractor shall agree in his or her bid and contract that all change orders far NSP housing rehabilitation ar reconstruction shall be approved. by the contractor and a representative of the local government prior to any initiation of additional work based on that change order. 2.12 Final Inspections/ Project Closeout Upon completion of the work, a final inspection will be performed by the Neighborhood Services staff and the City building inspections division to ensure that all work complies with the contract and building code. The building inspector will provide written acknowledgement that the property meets local code and section 8 housing quality standards and that acknowledgement shall be signed and dated far each case. The General Contractor shall submit a final pay request which shall include a statement of all the items on the initial work write up as modified through approved change orders have been completed. In addition the Contractor shall submit warranty documents including Owner's Certification of Completion and Compliance, City of Delray Beach Certificate of Release and Warranty for Rehabilitation. Following receipt of required documents and approval of work, the Neighborhood Services Administrator will authorize final payment. Prior to listing the property for resale it must meet all applicable building codes. Deficiencies must be corrected prior to the purchase transaction. Page 13 of 23 City of Delray Beach --NSP Housing Assistance Plan 2.13 Wark Guarantees Contractors are required to guarantee all work for a period of at least one year following contract close-out. 2.14 Environmental Review All projects shall comply with the requirements of 24 CFR Part 58. An environmental assessment shall be submitted to the Department and a release of funds sent to the State's sub-grantee prior to the obligation or expenditure of more than $15,000 in administrative funds. No other funds can be obligated or expended prior to the Release of Funds being sent to the State's sub-grantee. A statutory checklist in accordance with CFR 58.5 will be prepared and attached to each project file. In the case of no compliance action, the project reverts to exempt status as per 58.34(a) {12). 2.15 Activity Delivery Casts Activity delivery costs provide a means for the delivery of activities. Total amount expended for activity delivery will not exceed 10% of construction costs. Eligible delivery costs under this activity include but are not limited to work write ups, inspections, and temporary maintenance of properties. 2.16 Lead Based Paint Units assisted with NSP funds are subject to the Lead Based Paint Poisoning Prevention Act {42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, M and R of this title. A lead based paint inspection will be conducted on all NSP units (built pre 1978} during the work write up phase of the project. A lead-based paint abatement procedure will follow when addressing any unit that tests positive for lead based paint. Page Z4 of 23 City of Delray Beach -NSP Housing Assistance Plan 3. Disposition 24 CFR 570.201 (b) 3.1 Summary of Activity Disposition, through sale, donation, or otherwise, of residential units acquired with NSP funds or reasonable costs of temporarily managing such properties. All properties under this activity will be transferred for the purpose of affordable housing to benefit LMMI households. All dispositions of property under this program shall be made subject to contractual conditions and/or covenants insuring the continuing use of the property for purposes consistent with NSP program objectives. 3.2 Disposition of Rental Properties 3.2.1 Donation of Rental Properties Properties acquired and rehabbed for the purpose of rental housing under the NSP Program shall be donated to an eligible non-profit organization. Anon-amortizing 20 year deferred payment loan and land use restriction agreement shall be required for rental projects donated to anon-profit organizationlgovernmental agency. 3.2.2 Selection of Non-Profit Partner Non-profit organization shall be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: Governmental Agency whose purpose is to further affordable rental housing or designated 501(c){3) non-profit organization under IRS guidelines whose purpose is to further affordable rental housing; Legally operating within the jurisdiction of the City of Delray Beach; Has demonstrated track record and at least five {5} years experience in the management of affordable rental housing. 3.2.3 Land Ilse Restriction Upon selection of non-profit partner, the City will donate NSP rental properties with a covenant on the land and unit {per 24 CFR 92.252 (e), requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty {20} years. 3.2.4 Affordable Rents Units will be rented for rates defined as the Fair Market Rents (FMR) as published annually by HUD. Individuals or households who wish to occupy NSP Rental Units must apply directly to the designated non-profit partner. The City will designate staff to Page 15 of 23 City of Delray Beach -NSP Housing Assistance Plan monitor the project on an annual basis to ensure continued affordability, ownership and maintenance of the property during the 20 year term. 3.3 Disposition for Homeownership to LMMI Households The sales price of each NSP unit shall be determined by adding the price paid by the City to purchase the property plus rehabilitation costs and activity delivery casts. 3.3.1 Non-Profit Partner for Disposition / Homeownership The City will contract with anon-profit partner to handle several components pertaining to disposition of NSP units for homeownership including but not limited to: marketing of units, applicant intake, credit counseling, working with lenders, and preparation of income eligible homeowner file for submission prior to closing. A flat rate developer fee shall be paid to non-profit partner at time of closing. A write up of specific activities delivered as part of the developer fee shall be included in each client file at closing. 3.3.2 Selection ofNon-Profit Partner A non-profit organization shall be selected via the City's Request for Proposal {RFP) process and must meet the following selection criteria: Designated 501(c)(3) non-profit organization under rRS guidelines or Governmental Agency whose purpose is to further ownership of affordable housing; ^ Legally operating within the jurisdiction of the City of Delray Beach; ~ Has demonstrated track record and at least three {3} years experience in the sale of affordable housing. 3.4 Marketing Tlae City of Delray Beach shall advertise the notice of property and funding availability in a newspaper of general circulation at least 30 days before the beginning of the application period. In addition to advertising in the newspaper, the City will advertise the NSP program on the City web site, www.mydelraybeach.com. An advertisement will be published once at the beginning of the program, no subsequent ads will be published as additional properties come on line. Applications for purchase assistance will be available on-line at www.MyDelraySeach.com, Delray Beach City Hall and at the Delray Beach Commhnity Development Corporation (CDC). Applications for purchase assistance will be received on an ongoing basis by the City of Delray Beach staff or participating non-profit sponsors until all funds have been exhausted. The list of properties available for purchase will be updated as new Page 16 of 23 City of Delray Beach -NSP Housing Assistance Plan properties are added and others deleted and this list will be made available to ail interested parties by posting on the City's website, www.MyDelrayBeach.com. 3.5 Qualifying Potential Homebuyer A. Counseling Requirements Homebuyers purchasing NSP assisted housing must complete 8 hours of home buyer counseling from a HUD approved agency. Certificate of Completion for each homebuyer shall be maintained in client file. Counseling must be classroom style, individual (one on one) or a combination of both formats. B. Loan Requirements Homebuyers must obtain a conventional or FHA 30 or 15 year fixed rate mortgage. C. Income Requirements All homebuyers applying for assistance under this program must meet the income eligibility guidelines as defined in 24 CFR 570.3. D. Ranl~ing /Waiting List Applicants will be selected on a first come, first ready basis. No priority shall be given to any extenuating circumstances. 3.6 Sale to Homebuyer City Attorney's office will work in conjunction with Title Company of the City's choosing for all closings. 3.7 Environmental Review Disposition is categorically excluded subject to Sec. 58.5. 3.8 Disposition Costs Eligible costs under this activity include but are not marketing materials associated with resale of the unit, second appraisal, etc. limited to printing of sellers closing costs, Page 17 of 23 City of Delray Beach - NSi' Housing Assistance Plan 4. Administrative Expense to Facilitate Housing 24CFR 570.206 (g) 4.1 summary of Activity This activity will provide a means for the administration of all program strategies. Total amount expended for administration will not exceed 6.8% of the overall NSP allocation. 4.2 Administrative Requirements of DCA: ^ Annually monitored for up to four (4) years ^ Six (6) year retention of record after final closeout ^ Monthly reporting to DCA is required ^ Annual Internal Audit required ($500,000 or more drawn down irr federal funds) 4.3 Environmental Review Administration is an exempt activity per 24 CFR 58.34 4.~1 Uses of Administrative Funds ^ 20% of Salary & Benefits for one (1) Full Time Program Administrator ^ Publishing of Advertisements associated with NSP Program ^ Travel and Training for Program Administrator -related specifically to the NSP Program ^ Hourly wages for one (1) part time real estate professional ^ Audit Fees 4.5 Close out documentation The City will keep tracking sheets to track activities carried out under this program. The information listed below required for reporting purposes in addition to program expenditures for each housing unit will be tracked. As part of its closeout report to DCA, the City will provide a summary of each direct beneficiary under each strategy that includes: 1. Housing unit address 2. Beneficiary name, address, city and zip code 3. Date of construction completed (Date of Certificate of Occupancy) 4. Date of sale of property (closing date) S. Total NSP funds spent per unit 6. Other funding sources spent per unit 7. Information on whether the unit head of household was female, disabled, elderly, and income category far the household 8. Total household size, broken down by sex and age of household members 9. Racial demographics for the head of household. Page 18 of 23 City of Delray Beach - N5P Housing Assistance Plan 5. Homeovvnerst~ip Assistance 24 CpR 570.201 (n) 5.1 Summary of Activity This activity will provide funds to establish financing mechanisms (down payment assistance} to support LIVIMI households in purchasing NSP properties. 5.2 Financing Assistance will be provided to LMMI eligible households in the form of non- amortizing, 0% interest, forgivable, deferred payment loan. All loan awards will be secured with a second mortgage/promissory note. Recapture terms are as follows: 5.2.1 Assistance in the amount of $15,000 or less will require a 5 year non-amortizing mortgage. 5.2.2 Assistance in the amount of $15,000.01-$40,000 will require a 10 year non-amortizing mortgage. 5.2.3 Assistance in the amount of $40,000 + will require a 15 year non- amortizing mortgage. 5.2.4 Assistance in purchasing newly constructed homes will require a 20 year non-amortizing mortgage. Repayment of the full loan award will be immediately due to the City in the event any "qualifying events}" occur prior to expiration of the note. Qualifying event(s) are considered to be: ^ Sale of unit or transfer of title ^ Assisted homeowner fails to continuously occupy the home ^ Unit is rented Unit is refinanced without prior authorization of the City. Such repaid funds will be transferred to DCA within seven (7} days of receipt. If assisted homeowner does not trigger any of the above mentioned qualifying events prior to the expiration of the Hate, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordination policy. This policy is available through the Neighborhood Services Division and is available for public access. 5,3 Maximum Amouut of Assistance The maximum award is limited to 50% of the purchase price of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Page 19 of 23 City of Delray Beach - NSP Housing Assistance Plan 5.4 Aff©rdability For the purpose of this plan, housing is considered affordable when the monthly mortgage payment, including taxes and insurance do not exceed 35 percent of an amount that represents the percentage of the median annual gross income for the household. However, this policy will not prohibit an individual household's ability to devote more than 3S percent of its income for housing. Housing where a household devotes more than 35 percent of its income shall be deemed Affordable if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 35 percent. Page 20 of 23 City of Delray Beach -NSP Housing Assistance Plan N. Terms of Assistance L Terms of Assistance for Strategy #1: Housing Acquisition/Rehabilitation of Homes for Sale to Households with Incomes Less than 120% of ANII. 1.1 Types of Assistance Available Units shall be available fox purchase by households at or below 120 % AMI as defined by the current Income Limits chart adjusted to family size, West Palm Beach -Boca Raton, Metropolitan Statistical Area, (Palm Beach Countyj. 1.2 Applicant Selection Criteria 1. Applications will be available at City Hall and/or designated locations of sub- recipient partners (who are specifically handling home-buyer eligibility}. 2. Eligible applicants will be selected on a first come, frst qualifed, first served basis subject to funding availability. 3. Eligible program participants must qualify as LMMI (at or below 120% of AMn. Income eligibility shall be determined upon completion of application process. Income eligibility is determined by using the total household gross income. 4. Applicant must have completed an 8-hour HUD approved Homebuyer Education class approved by the City prior to purchasing an NSP property or benefiting from Housing Finance Mechanisms. 1.3 How Assistance will be made Available 1.3.1 Advertising The City of Delray Beach shall advertise the notice of funding availability in a newspaper of general circulation at least 30 days before the beginning of the application period. In addition to advertising in the newspaper, the City will advertise the NSP program on the City web site, www.mydelraybeach.com. 1.3.2 Application. Process A. Income Verification Written verification of income shall be required to document the applicant's income eligibility. Self employed applicants may provide a copy of hislher tax return from the previous year or two. In addition, the applicant or his or her bookkeeper should supply an income and expense report for at least the past three months. B. Assets For the purpose of determining eligibility for assistance under the NSP Program, there is no cap on liquid assets. While applicant is not required Page 21 of 23 City of Delxay Beach - NSP Housing Assis#ance Plan to be a frst time homebuyer, he/she may not currently oven any other residential property. All assets held by each member of an applicant's household must be verifed. Assets include: checking accounts, savings accounts, certificates, stocks, bonds, real estate, etc. The value of necessary items such as furniture, automobiles, and tools of trade are not considered assets. Applicants may provide documentation of assets by submitting bank statements, bank books, interest statements from banks, and tax records. All income derived from assets will be included in the applicant's gross income amount. Page 22 of 23 City of Delray Beach - NSP Housing Assistance Plan 2. Terms of Assistance for Strategy #2: Housing Acquisitian/Rehabilitation of Homes for Lease to Households with Incomes Less than SU% of AMI 2.1 Types of Assistance Available Units shall be available for rent by households at or below 50 % AMI as defined by the current Income Limits chart adjusted to family size, West Palm Beach -Boca Raton, Metropolitan Statistical Area, {Palm Beach County). 2.2 Applicant Selection Criteria A Non-profit organization ar governmental agency shall be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: ^ Governmental Agency whose purpose is to further affordable rental housing or designated SO1{c)(3) non-profit organization under IRS guidelines whose purpose is to further affordable rental housing; ^ Legally operating within the jurisdiction of the City of Delray Beach; ^ Has demonstrated track record and at least five (5) years experience in the management of affordable rental housing. Page 23 of 23 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM S.M. -REGULAR COMMISSION MEETING Oh' MAY 11, 2010 SCHOOL READINESS CHILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC. ITEM BEFORE COMMISSION Request City Commission approval of a School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach to provide subsidized child care funding for the After School Program. SACKGROiTND The term of the School Readiness Child Care Service Agreement between Family Central, Inc. and the City of Delray Beach is July 1, 2010 through June 30, 2011. This agreement is to continue rnrith subsidized child care funding for the afterschool program. Children enrolled through the program will be subsidized at a reimbursable rate (less the applicable parent fee} to the City of $2.75/child/part-time day and $13.00/child/full-time day. RECOMMENDATION Parks and Recreation Department recommends City Commission approval. http://miweb001 /AgendasBluesheet.aspx?ItemID-3294&MeetinglD=257 5/7/2010 rr~~ • (..1. ~e~ l t:hn17~1ng liYts for a lifetime SCHO~Iw READINESS CHILD DARE SERVIG~ AGREEMENT BETWEEN FAMILY CENTRAL, INC. AND The parties to this Service Agreement are Family Central, Inc., ("Family Central"), and (the °Provider")_ Family Gentra! performs administrative duties in the enrollment of children into child care programs and with respect to financially-assisted school readiness funding available through the Early Learning Coalition of Palm Beach County Inc. {the "Coalition") and subsidized child care funding available from other sources that may include the Florida Department of Children and Families Office of Refugee Services and the Workforce Alliance. The purpose of this Service Agreement is to establish the method by which Provider will receive payment available through the school readiness program and other programs for children eligible far financially-assisted school readiness services or subsidized ciiild care that are in the Provider's care. The Parties aclCnawledge that the Provider is not a subcontractor ofi Family Central, Family Central has no control over the day to-day operations of the Provider, and that the existence of this Service Agreement does not require or guarantee enrollment ofi children in the Provider's child care program. The Parties agree as follows: Provider Responsibilitiies. The Provider shall: A. Attend a new provider orientation within fhe first 60 days ofi this Service Agreement if the Provider has not previously been a party to a Service Agreement for school readiness funding provided by the Coalition. B. Retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Service Agreement for five (5) years after termination of this Service Agreement, or if an audit has been initiated and audit Endings have not been resolved at the end of five (5} years, the retards shall be retained until resolution of the audit Endings. C. Ensure that all retards pertinent to this Service Agreement, including but not limited to sign~inlslgn- out and attendance records, are available at all reasonable times for inspection, review, copying ar audit by Federal auditors, representatives of the Comptroller of the State of Florida or the Auditor General of Florida, or other personnel duly authorized by Family Central, the Coalition, !]apartment of Education, Qf€ice of Early Learning ar the Agency for Workforce Innovation. ©. Permit persons duly authorized by Family Central andlor the Coalition to access, inspect andlor copy any papers, documents, facilities, goods or services of the Provider which are relevant to this Service Agreement and to interview any clients ar employees of khe Provider to ensure the satisfactory performance of the terms and conditions of this Service Agreement. Failure to allow access to duly authorized persons may result in non-payment for that day and provider termination from the School Readiness Program. E. foot discriminate against participants in fhe school readiness program ar employees because of age, race, creed, valor, disability, national origin, ar gender. F. Nat bald itself out, nor should its employees bald themselves out, as employees, agents, servants, joint venturers, partners or representatives of Family Gentraf or the Coalition. G. Coordinate a Level I developmental screening using the Coalition approved screeninglassessment tools for 'lOQ% of children ages birth to 5 years in school readiness Child care for whom a parent -- - _q- Famiiy central, Inc. • 3111 S. [7ipe Highway, #222 • west Palm Beach, FL 33ACE5 andlar guardian has consented in writing to the developmental screenanglassessment. The Provider shat! ensure that each paren#/guardian cori~pletes a consent #arrii for developmental screening or signs a denial far screeninglassessmenf Provider is responsible for submitting information to Nome Safe, Inc ("Home Safe") or the Coalition as required in connection with developmental screeninglassessment. Provider must participate in trainings as required relating to developmental screenings and assessments. Records relating to any screening ar assessment coordinated or administered by the l'rovlder, in~lucfing but not limited to Level ! or Level 11 developments! screenings, shall be maintained far_ the longer of three years after the date the child !s Iasi enrolled with the Pravider or the retention period in Section I.EI. above. H. Permit persons duly aui~orized by the Coalition to provide Level II developmental screeningf assessment for those children for which tha Pravider receives financially-assisted school readiness funding. Provide classics! music daily far aft children birth to 5 years. J. Read to all children birth 10 5 years a1 least 3Q minutes each day. K. Keep confidential a!! information concerning a!I children and their families required to be kept confidential by law and provide adequa#e security in its record keeping. L. Return to Family Central any overpayment due to unearned funds ar funds disallowed pursuant #o the terms of this Service Agreement that were disbursed to the Pravider by Family Central. The Provider shall return any overpayment to Family Central wi#hin thirty (34} calendar days after either discovery or notification of the overpayment. If the Provider or its independent auditors discover an overpayment has been made, the Provider shall repay the overpayment within thirty {30} calendar days without prior notifies#ion from Family Gentral. Notwithstanding any provision in this Service Agreement to the contrary, Family Central reserves the right to deduct from the Provider's reimbursement payment any overpayment discovered through a monitoring, audit or through any other means. if Family Central makes such a deduction from a reimbursement paymen#, it shaii provide the Provider with notice in writing of the reason for the deduction and the amount of the deduction of the time the reimbursement payment is made. M. ~ Submit the flea! invoice far payment to Family Central no mare than twenty (2Q} calendar days after termination or expiration of the Service Agreemenk; if the Provider fails to do so, al! right to payment is forfeited, and Family Cen#ral wiEl not honor any requests far payment submitted after the aforesaid Time period. Any payment due under the terms of this Service Agreement may be withheld until all evaluation and financial reports due from the Provider and necessary adjus#ments thereto, have been approved by Family Central. N. Comply with ail applicable federal, state and local laws and regulations, including but not limited to, requirements of Coalition, Family Central, coca! fire and health authorities, the Palm Beach County Child Care Ordinance, applicable Workers' Compensation laws, and Chapters 65C-2D, 65C-21 and 65G-22, FIDCIda Administrative Code. Failure to comply with federal, state or local laws or regulations may resuit in termination andlor non-payment of child care services. ©. Accept a school readiness child Doty after receiving authorization from Famtty Central. Initial au#horizatian may be by phone. Written authorization from Family Central must be received before payments will be made. P. Maintain current documentation on each child, including authorization, enrollment, attendance, and termination records. The Provider is required to maintain a manual or electronic sign-inlsign-ou# system which parentslguardians or other authorized persons must utilize each day their child{ren) are in attendance. ParentslGuardians ar authorized persons using a manual sign-inlsign-out shee# must sign their child(ren) in and out every day by signing their full signature and time In/out (including AM and PM for those providers offering extended care}. ParentslGuardians or authorized persons using an electronic sign-inlsign-out system must sign their full signature and date on a printed version of the electronic record within three (3} calendar days of#er the end of each moo#h. Sign-inlsign-out shee#s must remain on-site at the Provider's location for the current and previous -2_ Family Central, inc. + 3'!11 5. Dime Highvray, #222 • West Palm Beaoh, FL 33405 three months and shall be immediately available for inspection andlor pick-up by individuals authorized by Family Central. In the event that the Provider is unable to produce sign-infsign~ut sheets on-site in accordance with this paragraph, reimbursement shall not be made for any days far which a completed sign-inlsign-out sheet is not immediately available on-site at the Provider's location. Sign-anlsign=out sheets must be kept for a minimum of five years or the retention period in Section 1.6_ abov®, whichever is longer, and must be availabie for inspection by Fam'sly Central, the Coalition andlor other subsidized child care funding sources. In the event of a discrepancy between align-inlsign-out sheet and an attendance sheet; the sign-inlsign-out sheet shall control. Q. Be llable for prosecution under State law for fraudulently misrepresenting a child's attendance andlor sign-inlsign-out roster. This includes, but is not limited to, deliberately claiming children #or reimbursement who are not attending, falsifying Enrollment Attendance Certifcatian sheets, and falsifying sign-inlsign-out sheets. R. Maintain hours of operation in accordance with and not exceeding the scope of the Provider's child care license. S. Notify Family Central In writing a minimum of 94 calendar days in advance of any changes. to its location. T. Be liable for and indemnify, defend and hold harmless Family Central and the Coalition and alt of their respective officers, agents, and employees from all claims, suits, judgments or damages, including attorneys' fees and costs arising out of any act, actions, neglect or omissions by the Provider, its agents or employees during the performance or operation of this Service Agreement or any subsequent modification of this Service Agreement, whether direct or indirect, and whether to any person or tangible or intangible property. The Provider's inability to evaluate its liability shall not excuse the Provider's duly to de#end and indemnify within seven (7) calendar days after notice by Family Central ar the Coaftion by certified mail. After the highest appeal is exhausted, only an adjudication ar judgment specifically fiinding the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs and fees including attomeys' fees relating to these obligations and their enforcement by. Family Central or the. Coalition. Family Central's or the ~~ pct Coalition's failure to notify the Provider of a claim shall not relieve the Provider of these duties. The F`~d`~ Provider shall not be llable for the sole negligent acts of Family CentraE or the Coalition. This provision shall tae brr construed as a~waiver nf•any right or defense which Provider may possess and is limited ^ U. Maintain any liability andlor accident insurance as required by law, including but not limited to, any by pro- insurance required by child care licensing regulations. Any insurance coverage beyond that vision required by law is optional, but encouraged. if the Provider is a child care #acifity or family childof Sec. care home and maintains liability andlor accident Insurance covering its business: {a) Family768.28, Central and the Coalition shall be named as additional insureds, {b) the Provider shall furnishfrla: Star; - -: Family Central with written verification supporting the existence of such insurance coverage, and {c) the Provider shall notify Family Central in writing a# least thirty {3(3} days in advance of any anticipated material change in coverage ar cancellation. Family Central and the Coalition need not be named as additional Insureds on any Vtilorkers Compensation policies. The Provider must comply with the insurance requirements of this paragraph before reimbursement payments will be made. This provision does not apply to the extent the Provider is self-insured, including but not limited to, a skate agency or subdlvisian that is self-insured pursuant to Section 768.28(96}, Florida Statutes. V. Submit to monitoring by Family Central to ensure compliance with this Service Agreemen#. Monltorings may occur randomly throughout the year and are unannounced. If deficiencies are noted, they shall be corrected by the Provider in accordance with a written corrective action plan that includes time lines for correcting deficiencies. Recurring Pack of availability for monitoring shall constitute a violation of this Service Agreement, and is grounds for termination of the Service Agreement. W. Immediately repork any known or suspected child abuse or neglect to the Florida Department of Children and Families through the Child Abuse Registry {9-8[30-9B-ABUSE). -3- FsmllyCentral, Ine. • 3111 S. pixie HiOhway, #222 • west Palm Beach, FL 33405 X. Report any unexcused absence or seven consecutive excused absences of an At Risk child of any age to the Florida Department of Children and Families' (DCF) hotli[ta at (569) 837.5005 or toll free 7 {86fi) 325-5323 by noon an the day Af the child's first unexcused absence or the day of the child's seventh consecutive excused absence. if you cannot reach someone at the hotline, ptease tali the DCF External Affairs Office at (561) 837-508D. Y. Agree to attempt to settle any dispute relating to this Service Agreement or the services provided hereunder through the i=amiiy Central Grievance process as described in Attachmea# A - Grievance and Appeals Process which i5 expressly made a part of this Service Agreement and is incorporated, by reference herein. In the event the provider fails to first go through the Family Central Grievance process, the Provider shall pay all Family Centro! costs and fees including a#torneys' fees relating to any action the provider may take. Z. For ail children birth to five use a Coalition approved developmentally appropriate curriculum with a character education component pursuank to. Attachment B -curriculum lis# and approval process which is expressly made a part of this Service Agreement and incorporated by reference herein. AA. Ensure the director and curricuium specialist or the family child care home provider or informal care provider complete 12 hours of Palm Beach County Registry approved training in their Coalitian- approved cun•iculm on ar before June 3D, 2D11. Training from the approved can-iculm publisher, distributor, or a child care center`s corporate office may subsititute for this training. Those who have completed this training before July 1, 2010, must maintain proof of. completion and are required to take five (5) hours of Palm Beach County Registry, Department of Children and Families (DCi=}; or Department ofi Education (DOE) approved training in curriculurri support during the term of the Service Agreement. If the Provider has developed its own Coalition-approved curriculum the Provider's director and curriculum specialist ,or the family child care home provider or informal care provider must complete a minimum of five (5) hours ofi Palm Beach County Registry; Department of chiidren and Families (DCF}; or Department of Education (DOE) approved curriculum support training between July '#, 2D10 and June 30, 2019. All lead teachers must complete a minimum of five {5} hours of Paim i3each County Registry; Department of Children and Famines (DCF); or Department of Education (DOE} approved training in curricuium support far tt7e age group with which they work between July 9, 2D10 and June 30, 2011. A written pion to meet all cun-iculum training requirements as outlined in this paragraph AA must be maintained on the provider's site using the Training Template set forth in Attachment C which is expressly made a part of this Service Agreement and incorporated by reference herein. Lead teachers are defined as the person primarily responsible for a group of children far the majority of the day. A minimum of one lead teacher per classroom is required. curricuium specialist is defined as the staff person who oversees a center's educational program for at least 50°!o of the time. BB. To the extent that the Provider receives any funding far slots under the Continue-to-Care ("CTC") Scholarship Program, comply with all applicable terms and conditions of the Continue-to-Care Scholarship and Procedure Manual of the Children's Services Council of Palm Beach County as may be amended from time to time {the "CTC Manual"). A copy of the CTC Manual. may be obtained from Family Central and is incorporated herein and made a part hereof far all Providers that receive CTC slots. To the extent that anything in the GTC Manual #hat is inconsistent with the terms of this Service Agreement, the CTC Manual shall govern. GC_ Ta the extent that the Provider receives reimbursement for subsidized child care funded by any source other than the Coalition, comply with all applicable requirements ofi the funding source as communicated by Family Central to the Provider. -4- Famify Central, inc. • 3117 S, Dixie H3ghvway, #222 • West Paim Beach, FL 33405 tl. Family Central Responsibilities. Family Central shed; A. Conduct monitoring of the Provider to er1~ compliance with this Service Agreement. P. Process payment to the Provider far child care services provided by the Provider under the school readiness program or rattier ,~~bsidixe~i child care programs, subject to the availability of funds. The payment obligations uncle~';tllis Service Agreement are contingent upon an annual appropriation by the Florida Legislature; and;fi.lndirig iiy the Coalition and other funding sources, as applicable. C. 1Vatify the provider of At-Risk ~t~ldren. p, Forward the names of any child care provider suspected of comrr>lit#ing fraud to the Florida Agency far Workforce innovation and to law enforcement for further investigation as appropriate in the discretion of Family Central. qi. Termination. A. Terminafiian With P,lotice. This Service Agreement may be terminated by Family Cen#ral with or without cause upon no less than ~~~alt~~ys notice for reasons including, but not limited to: 1. Funds to finance this Service Algreement become unavailable; or 2. The Provider breaches this Service Agreement. B. Termination Without Notice. This Service Agreement may be terminated by Famiiy Central immediately without prior notice if: The Provider fraudulently reports false information #o Family Central regarding the attendance of children at the child care program; Z. ~ Any child care license required in order far the Provider to provide chiid care is revoked or not renewed.by the licensing authority. 3. The Provider- is not subject to licensure by a licensing authority and Famiiy Gentral is directed by the Coalition to terminate this Service Agreement due ko a concern far the health andlor safety of the child(ren) in the Provider's care. C. Automatic Termination. This Service Agreement shah immediately terminate upon the expiration or termination of Famiiy Gentral's contract with the Coalition. Family Central's obligations with respect to any slats funded by sources other than the Goalition shall terminate upon expiration or termination of funding from the funding source. p. Termination far Non-Compliance. If Family Central determines In its sole discretion that a Provider is oUt of compliance with one or more terms or conditions of this Service Agreement, Family Gentrai may terminate the Service Agreement pursuant #o the termination provisions set #orth above. Family Central may also notify the Provider that, as a result, the Provider is not eligible to enter into a future Serv[ce Agreement wifh Family Central or otherwise be reimbursed for school readiness services with funding provided by the Coalition for a period of at ieast one (1) year following the date of termination. Alternatively, Family Gen#ral may offer the Provider the option to enter into a Gompliance Plan. N. Method of Paymen#, A. Negotiated Rates. Payment for subsidized chiid care services shall be based upon the School Readiness Negotiated Rate Sheets attached here to as Attachment D which are expressly made a part hereof and incorporated by reference herein. In no event wiil the Provider be reimbursed at a _b_ Famify Central, Inc. • 3111 S. ©ixle Hlgtiway, #722 • west Pslm Beach, FL 33x06 rafe that exceeds the lower of the maximum reimbursement rate designated by the Coalition, or the Provider's maximum private pay rate. Increases in the negotiated reimbursemen# rate will be effective, as applicable, the First of the month fallowing notification in writing by the provider to Family Central- 13. Parent Fees. The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent Fee, except that Family Central will assist in collecting up to two weeks of parent fees if two weeks or less of parent fees are past due and need to be collected prior to a transfer of a child to a different child care provider. G. Child Care Executive Partnership. If the Provider participates in the Child Care )=xecutive Partnership Program, the Provider's portion of matching #unds may be' deducted from the negotiated rate before payment is made to the Provider. a. Monthly invoices. The Provider wilE be paid by Family Central an thd basis ofi monthly invoices that report the eligible enrollment on a daily basis. The invoices shall be submitted on the EnrolfinentlAttendance Certification sheet and Request for Approval of Payment-Extended Absence forms provided by f=amily Centro! for #his purpose. The Provider shall submit monfhiy invoices consisting of these forms to Family Central not later than the fourth 4'" calendar da of fhe month following the month In which services were provided. If the 4 calendar day fails on a month. Monthly attendance and reimbursement forms received after that day in~ili be included in the following month's report thus delaying the Provider's reimbursement until the next reimbursement period. The Provider forfeits ail rights to payment for any monthly attendance report submitted more than 45 days following the end of the service period. Requests for reimbursement adjustments must be submitted in writing to Family Central within 45 days following receipt of payment for that service period or within twenty (2fl) days after the expiration or termination of the Service Agreement whichever is sooner. Fraudulent conduc# by the Provider in reporting information to Family Central in connection with receiving payment hereunder will result iri termination of this Service Agreement and wiii be reported to the appropriate law enforcement authority or authorities. lnvotce Due Dates Jul 2, 2010 October 4, 2010 Janus 4, 2011 ni 4, 2011 Au ust 4, 2010 November 4, 2010 )=ebrua 4, 2011 ~ Ma 4, 2011 Se tember 3, 2010 December 3, 2010 March 4, 2011 June 3, 2011 E. Payments. Reimbursement payments wiii be mailed or released for direct deposit by Family Central not later than the sixteenth (16th) calendar day of the month, following the month for which a completed and accurate invoice {including ail required attendance information) is submitted to Family Central, subject to availability of funds. This is not necessarily the date providers wilt have access to the payment, depending on bank regulations. Reimbursement shall be made for the eligible enrollment on a daisy basis. Reembursement Dates Jul 15, 2010 October 1A~, 2010 Janus 74, 2011 Aril 14, 2011 Au ust 16, 2010 November 16, 2010 Februa 16, 2011 Ma 16, 2011 Se tember 1fi, 20113 December 15, 2010 March 18, 2091 June 15, 2019 F. Gold Seal Reimbursement at Gold Seal rates will be made only if proper documentation is submitted to Family Central. Proper documentation includes a current Gold Seal certificate from the State of Florida and a current accreditation certificate from an accrediting body recognized by the State of Florida. In no event wiii a Gold Seai Provider be reimbursed at a rate that exceeds the lower of the maximum Goid Seai rate as designated by the Coalition or the Provider's maximum private pay rate. If the Provider ceases to qualify at any time for payment of Goid Seal rates, the Provider will be reimbursed at the non-Goid Seal rates which shall not exceed the maximum rates -6- Famliy Ganfral, inF • 3'119 5. D€xle Highway, #222 • +Nest Palm Beach, FL 3345 far non-Gold Seal providers as designated by the Coalition. During the month when a Gold Seal certificate expires and the renewal certificate has not been received by Family Central, care will be reimbursed at non-Gold Seal rates, with the Gold Seal differential being paid the following month provided that Family Central receives the certificate within 70 days of the issuance of the renewal certificate. Gold Seal rates for renewed certification will be effective from the date of renewal provided Family Central receives the certificate within 10 stays of the issuance of the Gold Seal renewal certificate. Otherwise, the Gold Seal rates for the renewed certification will be effective when the certificate is received by Family Central. Gold Seal rates for newly Gold Seal certified facilities will be effective the first of the month following receipt of the Gold Seal Certificate by Family Central. G. Funding Source. Reimbursement will not be made for children being paid for through a funding source other than the source of funding under this Service Agreement. M. Termination of Service to Client. if a child ceases to be eligible for financially-assisted school readiness services or other subsidized child care, Family Central will notify the Provider of the child's #erminaflon date. The Provider shall not be entitled io reimbursement beyond the termination date as indicated on the child care certificate or the da#e on which the Provider is notified by telephone or in writing of a child's termination, whichever is earlier. VPK Wrap-around rates. The Payment rate for wrap-around readiness services is calculated in accordance with guidelines established by the Office of Early Learning, regardless of whether the private pre-kindergarten provider or public school delivering the VPK program for the child is the same or different than the school readiness provider delivering the wrap-around readiness SeNIC@S. V. Reimbursement Po[iaies. A. Program Holidays The Provider will be paid for the following holidays. Designated Jul 5, 2010 lnde endence Da Se tember 6, 2010 Labor~Da November 25, 2010 Thanks loin Da December 24, 2010 Christmas December 31, 2010 New Year's Ma 30, 2011 Memorial Da Floating November 26, 2010 December 23, 2070 December 27, 2010 Janua 3, 2019 Janua 17, 2017 Februar 21, 2011 Any changes to floating holidays must be submitted in writing at least 45 calendar days prior to the first day of the month in which the holiday change wi11 actor. Children are not eligible for holiday reimbursement if they are not normally scheduled to attend that day. A child must attend at least one day during the month for a provider to be paid for any absences or holidays. Part time rates will be paid for afterschaal children far Memorial Day and Lobar Day. Additional floating holidays selected by the provider as described above may also be paid at the part time rate for afterschool children €f the day before or after the Additiona! holiday is paid at a part time rate. The Provider will also close for the following days and time periods. The' Provider will not be reimbursed for these days- -7- Family Central, I nc. • 3191 S. Dlxfe Highway, #222 • west Palm Beach, Fl., 33405 hEIA Providers must notify Famiiy Central in the event they are closed any days not listed in this Service Agreement. B. Reimbursement far Absences Reimbursement may be made for a total of 3 absences during a calendar month far each child. Linder extenuating circumstance and with proper documentation up to an •additlonal 7 (seven} absences within a month may be paid at the discretion of Family Central. A child must attend at feast one day during the month for a provider to be paid for any absences ar holidays. Reimbursement wilt not be made for each day entered on the attendance log as "N" or not reimbursable. lfi the day before of the day after a holiday is merited "N" (not reimbursable), the Provider will trot be reimbursed for the holiday. tf the day_ before or the day after a series of holidavs andlor fioatina haltdays. is marked "N", the tnravider wil! net be reimbursed far env of the hnlidavs if the Provider determines khat a paren# does not intend to return a child to the child care program, then the child must be terminated firom the child care program, and future days are non- reimbursabfe. These non-reimbursable days must be coded as'T" on at#endance sheets. if a child is absent far flue (5) consecutive days and the parent does not contact the Provider, the Provider shah notify Famiiy Central end Family Central shall determine whether continued care is needed. C. Summary of E>rrraiimentlAttendance Codes E- Excused Absence X- Enrolled 1 Present (a day a child is present) A - Authorized Absence beyond 3 days (excused absence beyond three (3) days, which has been approved by Family Central) H - Reimbursable Holiday T - Terminated (day child is disenrolled) N - Enrolled, not reimbursable. D. No Reimbursement In Excess of Licensed Capacity , No Reimbursement will be made for children in excess of the Provider`s licensed capacity at any given time, Farrtily Central reserves the right, at ifs sore discretion, to limit future enrollment when a Provider has been found to be over its licensed capacity at any given time. Under no circumstances will Family Central enroll children with a Provider that Family Central knows will cause the Provider to exceed its licensed capacity at any given time. Vl. ReneclotiatianlMadificatian. Modifica#ions to this Service Agreement shall be valid only when they have been reduced #o writing and duty signed. The parties agree to renegotiate this Service Agreement if federal, state andlar county revisions of any applicable laws or regulations make changes In this Service . Agreement necessary. - -t3- Family Cenhai, trx;. • 3194 S. Dixie Highway, #2z2. wes# Palm Beach, FL 384€]5 1lll. Name, Mailing and Street Address of Pavee. The name and mailing address of the official payer to wham Family Central shall make payment: ~~ Program Contact: ~!>:', Program Name: Program Address: Telephone Number: The name of the contact person and s#reet address where financial and administrative retards are maintained: following location: Vtll. MisGellaneoUS. A. Tenn. This Service Agreement is effective as of Js ly 1, 2010, and will automatically terminate an June 30. 2011 hereinafter referred to as the "Agreement Period unless terminated ear#ier as provided herein. B. Assignment. Neither Party may assign its interest under this Service Agreement excep# with the prior written consent of ate other Party, which consent shall not be unreasonably withheld. 1tVithout limiting or restricting the generality of the foregoing, it shall not be unreasonable for a party to deny its consent where, in its opinion, acting reasonably, the proposed assignee, purchaser or transferee lacks the capacity or resources necessary to ensure the proper conduct and completion of its obligations under this Service Agreement over the remaining portion of the Agreement Period. No assignment shall operate #o release thn assigning Party from its. obligations hereunder unless such Party is expressly released from its oblige#ions by the other Party. C. fnursmen#, This Service Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Nothing contained in this Service Agreement, express or implied, is intended to confer upon any other person or entity any t,enefits, rights or remedies. D. Wanrer. No waiver by any Party at one or more defaults by any other Party in the performance of any provisions of this Service Agreement shall operate ar be construed as a waiver of any future default or defaults, whether of a like or a different character. ~. Headings. The headings in this Service Agreement are inserted for convenience or reference only and shall not affect the meaning or construction hereof. F. Bntire Agreerr~ent. This Service Agreement represents the entire understanding between file Parties relative to the matters addressed herein. There are no restrictions, prnmises, warren#ies or undertakings other than those set forth or referred to herein. G. Amendment. This Service Agreement may not be amended without the execution of a written document by all Parties hereto. -9- FamllyCentral, Inc, ~ 3111 S. Dixie Highway, ~t222 * West Palm Beaoh, F1.3SA05 H. Governing Law and Venue. This Service Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, wikhauk regard to principles of conftict of laws. Venue for purposes of any action brought to enforce or construe this Service Agreement shall be !n Palm Beach County, Florida. IN WITNESS TMERIrOF, the parties have caused this 98 page Service Agreement #o be executed by their undersigned officials as duly authorized. The undersigned represents and warrants that helshe has full and coat lets authori to execute the agreement nn behaif of PROVIDER: ~~- (Program`s Corporate Name} FAMILY CI=NTRAL, INC, d16Ia BY SIGNING THIS AGREEMENT AND AGREEfNG TO ACCEPT FINANCIALLY-ASSISTED SCHOOL READINESS FUNDS AND SUBSIDISED CHILD CARE FUNDING AVAILABLE FROM OTHER 50URCES, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO ABIDE BY THESE TERMS STATED, SIGNATURE SECTIQN Signature: Signature: Name: Name: Barbara A. Vileinstein, Ed.D. please prirrf) Title: Titie: Date: ;Date: Federal l.D. or SS #: ~'...: _ ~ ; ~ to form and :at orrt®y .-~ ~I~~~~ PresidentlChief Executive Officer - 70 - Family GenMal, Ina • 3111 S. Dixie Highway, #22Y .West Palm Beech, FL. 33465 ,.. Attachment A GRIEVANCE ANQ APPEALS PROCESS Customer satisfaction is very important to the staff at Family Central, Inc. (FCl). If you are dissatisfied with the service you have received or with information that has been provided to you, please ask to speak to a Supervisor, Manager or Department Director. Our goal is to resolve the complaint and problem to-the best of our ability. If you believe that your rights have been violated in any way or if a FCi employee has not adhered to a written policy, protocol, procedure, administrative rule or statute, you have -the right to file a grievance. Should you feel the need to file a grievance, the process will proceed as follows: • You may contact the Director via phone or in writing, or you may ask any FCI staff person (e.g.: Counselor) to help you to initiate the process. You will be asked to complete and sign a Grievance and Appeals Report Form. • The Director or designee will contact you within four (~) business days to try fo discuss the issue and attempt to seek resolution. • After working with the Director or designee, if you are not satisfied with the proposed resolution, the FCI Vice President or designee will contact you and discuss the grievance within five (5} business days. • After working with the Vice President or designee, if you are not satisfied with the proposed resolution, the grievance may be referred fo the appropriate funding agency or the Chief Operating Officer or designee who will contact you and discuss the grievance within five (b) business days of receiving the grievance. • After a discussion with the Chief Operating Officer or designee, if you are still not satisfied with the proposed resolution, the PresidentlCEO will convene a Grievance Committee to review your case within fifteen (15) business days. • The decision of the Grievance Committee will be final. If you do not agree with the final FCI resolution, if applicable, you may request that the program funding source's grievance procedure be initiated at this point. If you have any questions about this process, please do not Hesitate to contact the FCI Department Director or Vice President. In the event a grievance is filed, we look forward to working with you to come to a satisfactory conclusion. -tt- - Famlly Central, Inc, • 39'11 S. ~ixfe i-lighway, X222 .1NesE Palm 9each, Ff_ 33A05 Attachment B ~~ ~ .1°'r~e-~4pp~-oved Publzshed C~~1 l~ Cu~~zculcx ~'eby-uas~y, 2 a1' ~ ch~~>~~a ~~~ A ~~~~ EARLYLEARNING COALITIONOFPALMBEACII COUNTY FO,~ SCHOOL READINESS (SUBSIDIZED) PROGRAMS FOR QCJESTIOI~[5 ABOUT THE {:UR1tICUL.Ulv1 APPROVAL PROCESS PLEASE CALL {S51 } 514-3349 OR REFER TO WVJW.FAMILYCENTRAI,.ORG ~ CURRICULUM PUBLIShIER _ ^m Beyond Centers & Circle Time Kaplan Eariy Learning Cnmpany • Creative Curriculum for Preschool 4"' Edition Teaching Strategies ^ ' DLM Early Childhood Express Wright Group! McCraw-Filll ^ Doors to blscovery Wright Group! McGraw-Hill ^ "Early Foundations Preschool and Pre-Kindergarten *KlnderCare Sites Onty ^ High Scope Preschool Curriculum High Scope Educational Research Foundation ^ Houghton Mifflin Houghton Mifflin Company • Mon#essort American Montessori Association ^ Scholastic Early Childhood Program Scholastic inc. ^ *'The World at (heir Fingertips ^"Bright Horizon Sites Only • Wee Learn Llfewa Church Resources ^ Beyond Cribs and Raffles Kaplan Eariy Learning Company Creative Curriculum for Infants and Toddlers Teaching Strategies ^ *Eariy Foundations Infant and toddler xKinderCare S[tes Onty • `'Early Foundations Discovery prsschonf fnr 2 years old ~KtnderCare Sites Only ^ High Scope High Scope Educational Research Faundafion ^ Montessori American Montessori Association • "The World at their Fingertips **Bright Horizon Sites Onfy • Wee Learn Lifeway Church Resources ^ West Ed. Gar Iving Series Far West Labara#o for Educational Research & bevelapment - ~ - ^ Creative Carrico}um far Farrlil Child Care Homes Teachln Strata ies ~_ ~~. _ ^ Hi tt Reach Hi h Reach I-earrlirl FLORIDA,STATE YP.~APPROi'ED CURRICULU,t-~C =~_ ~= ~ - "5~ Y3.GC.5 ~L^e~~ Beyond Canters & Circle Time - Kaplan Early Learning Com ri Creative Curriculum for Preschool 4"' Edition Teaching Strategies Curiosity Corner Success for All Foundation !]LM Early ChAdhnnd F~cpress Wright Group 1 McGraw-Hill Doors to Discnvery Wright Group 1 McGraw-Hill Early Literacy and Learning Model I Plus (ELLM1Plus} Florida Institute of Education High Scope Preschool Curriculum High Scope Educational Research Foundation Houghton Mifflin Pre K Florida Complete& Math Extension Bundle Houghton Mifflin Company lnvestiga#or Club Pre-Kindergarten Learning System Robert-Leslie Publishing Let's Begin with the lei#er People Comprehensive Program Abrams & Company Publishers, Inc. Litoracy Express literacy Express LLC Opening the World of Learning {OWL) Pearson Learning Group Read ,Set, Leapl lea Frog ScnnolHnuse Saxon Early Learning Saxon, A Harcourt Company Scholastic Eariy Childhood Program Scholastic Inc. We Canl Soprls West Educational Services Wright Skills Growing with Mathematics Wright GrauplMcGraw,Hill -12- Family Genfral, Inc. ^ 3119 5. aixfe Highway, X222 s 1Nesi PaEm Beach, FL 334fl5 ~Attachmeint B SUI3MISSZ0~1 OF A CURRICULUM FOR APPROVAL The Curriculum Review Committee will only review submissions that are complete. A complete curriculum includes a comprehensive curriculum as described below, all foxros filled out corzapletely with adequate and substantive documentation to support each early learning stazzdard. Submission of a curriculum should include but not be limited to documentation to support and evidence each area provided below. 1. Comprehensive Curricula A School Readixess Approved curriculum must cover each element of the Early Learning Standards. Development of many skills requires explicit instruction in the particular skill area, strategies or steps to follow, and scaffolding of instruction by the instructor. The curriculum must provide explicit, systematic instruction, assessment, and intervention that leads to children's growing proficiency at each stage of shill development. To support success in learning, a School Readiness curriculum should include clear presentation and explanation of the following: • Purposes, goals, and expected outcomes. • Concepts, processes, rules, ixkformation and teri~ns. + Models, examples, questions and feedback. . The overall instnactional design should include the following: • A clear `road map' ar `blueprint' for instructors to get an overall picttare of the program (i.e., a scope and sequence). + Clearly stated goals and objectives. • Character Development • Resources to help the instructor understand. the rationale far the instructional approach and strategies utilized in the program (e.g., articles, explaraatioxis in the instructor manuals, references, reliable websites) • A coherent instructional design. • Explicit instruction ix~ appropriate content areas. . + Consistently systematic and intentional instruction. • A logical organisation to the materials, so that it's clear in what order the lesson proceeds. • Instructor firiendly routines- • Student materials aligned with the Early Education Standards. • Examples of constructive feedback. • Scaffolding with specific instructions. ~ _ + Differentiated Instruction. • Guidelines and materials far flexible grouping. • Enrichment activities for advanced children. • Guidelines for use with diverse populations such as English Language Learners and children with disabilities. • Components that foster intrinsic rrrotivation in children (Approaches to Learning) • Ample opportunities for practice. • Comprehensive, continuous child assessment Brief, frequent practice activities and games must be provided within the curriculum to attain mastery of each of the Standards. 2. Learning Qpportuniltles In fhe Classrooinu In order to provide our county's children. with ahigh-quality, developmentally appropriate learning opportunity, several things are of critical importance. -13- Famfly Central, Ina s 3111 S. Aixie Highway, #222 + iNesf Palm Beach, FL 33405 • Children raced one-on-one interactions with classroom instructors and classmates each day. Through one-on-one interactions with children, instructors scaffold children's activities and can provide feedback and support. Additionally, they build rapport and a trusting relationship. When children are given many daily experiences to interact with classmates, they begin to develop skills in negotiating, turn~taking, and cooperative play. • The curriculum used in a Schonl Readiness classroaxn should include active learning experiences that are child-initiated, as well as those planned and initiated by the instructor. When planning and implementing the curriculum the instractox should take into account the children's personal knowledge, open related to culture (culturally appropriate}, and then use this information to build on them stxengths and skills. • Throughout the couxse of the day, the curriculum should include instruction in varying formats, such as large group, mall group, and learning centers. instructors have a very distinct role in facilitating and scaffolding the activities of the classroom. • Children should he engaged in many hands-on experiences throughout the day. Learning occurs when. the child is engaged in the activity (instructor or child directed), and a cluild's atte~ation span tends to be longer in activities and topics that are of interest to the child. • Research shows that young children learn bestthroughhands-an experiences (e.g., play with a purpose} that have been planned by knowledgeable instructors. When young children explore things directly with their senses and practice new skills through play, they are learning in ways that are meaningful to them at their stage of development. Early Learning Standards For specific guidance fox each of the five early learning standards domains to be demonstrated please review Florida Birth to hive Developmental Sta~zdards. These documents can be found online at: http://www.floridaiobs.orglearlylearoing/oel,_performance.ht~nl This docunxent includes the standards themselves, by domaixt and by indicator; related skills; descriptions of child skills; environmental considerations; instructional strategies; benchmarizs, as appropriate; and, other information pertinent to implementing a developmentally appropriate program. Please note all five domains should be adequately envered, even i£ each individual standard naay not be addressed directly. The areas included and that should be evidenced in the materials provided for review includes: • Physical Development • Approaches to Learning; • Social and Emotional; • Language and Communication; Cognitive Development and General Knowledge - 94 - ~am[ly Gentral, ]RC. • 3111 S. Dixle High~Nay, #222.1Nest Patm Beach, fL 33405 ,Attachment C Curriculum and Curriculum Sunnort Training Plan T'or School Readiness Providers July 2010-Jane 2011 Tnstructious---This curriculum training plan must be completed fox all Directors, Family Child Care providers, curriculum specialist and lead teachezs sewing cbildzen younger than school age. This plan must remain at your site and available for review by the Program_ Compliance Specialist a# the time of monitoziz>g. A tzaizlang calendar wi11 be forwarded at a later date to help you in your planning. If local training is not offered fax your pre-appzoved published curriculum, you will need bo contact the publisher far training. You must update your plan as needed, Assistance is available by contacting Family Central's provider warn), fine at 514-339. ].. Name of Facility 2. Nazn.e of Person completing training plan: 3. li;zdicate your Early Learning Coalition approved curriculum far each age group. Classroolln 1-lame of Loved Curriculum enfants Toddlers 3's q's 5's 4. Name of Director (or Family Child Care Provider): 5. Name of cuinriculuxn specialist: 6. indicate if Director or curriculum specialist or family child care provider has already completed a minimum of 12 hours of training in this curriculum: . Director yes no Cuzxiculuxn Specialist des no parnily Child Care l?xovider yes no (lf yes, please attach teaming certificate; if corr~pleted before 7/1/1o you will need to complete page 3); If no, please complete the txaixxC~ing plan on the fallowing pagcs. ~~ Family Genital, Inc. ~ 3111 S. Ririe Highway, #222 ~ Wasi Falm Beach, FL 33448 V E L~ Q .~ .~ U .~ U [d U ' ~--~ O ~ CJ ~ C7 d O ~ ' U ~+ ~ ~ o v ~ U ~ ~ 'b ~~ Q ' C t.,{ ~ !~ ~` ` ~ c d w .~ ~ 0. 1y 01 ~ .~ , ' c ~ ~ ' o -~ ~ t~ a ~ U w., 1y ~ ~ • ~ ~ ° .~ A O ~~ c d a ~p ~ ~ N ~--i O ~ v o q i ~ ~ Q ~ ~ , ~' c.> ~~ w a ~«3 e ti p ..~ a~ ~ aFi 'a O t7 ~ ~ nU az ~a C .~ H a H .~ .~ H H vK w z u [[3 ~~ ~~ as _~ Q ~ '" ~ o ~: ~ 4-+ ~ U A r~i r ~ ^--i +~ ~ N .U ~~ ~ d] O'~ ~y ~ F'~a .~ *{~~'~ ~~ ~ ~ 0 0 0 ~, U ~ • ~~, ~ v' ~ ~ q o A ~ '~ ~~ ~ ~~ ~ ~~ .~ ~ ~ o °o ~" nA .~ ~ ~ ~ ~ .~ ~ N ~ ' •~ $ ,tea ~ ~y .~ '~' ~ U dD ~ ~ ~ ~J p ~~ ~ ~' '~ ~' 0 a~i ~ a ' ~~n ~ O 1"il ~U ,~ ~ p ~~ ~ 3 "' '~ O O ~ y ~ 4~? 4~ ~ ~ ~ ,.~~ ~ U ~ a ~p ~~ ~~o ~ ~ ~~ ~~~ ~~ U +~ ,~ F--s ~ ,~ N ~ ~ ~ ~~° ~ 'G O ' "~ G~ ~ Oev ~~ 4~ w ~~ as d m U ~ W ~~ 4 O ~~ GV n a U q OA p 0 ~q O H ~R ~ O G> ~ ~` °~ A „w ~~~;~ w 0 e~ '~ t~7 a ,~ '~~ n U m m E a`9. ~~ T ,~ n .~ C U .~ LL Attachment b RATE SHEET ... Program's Name Child care reimbursement shall be based upon the fallowing negotiated fixed rate per child. Parent fees shall be deducted from this rate before payment is made #o the Provider. *If Gold Sea! 17ifferential is included in fhese rates the rates evil! be reduced when the Gold Sea! is no longer applicable. ____ ___ Full Time Daily Part Time Daily 6 Hours ar More Less than 6 Hours FULL T1ME sibling Rate PART TIME Sibling Rate Infants $ NlA $ NIA $ NIA $ NIA 0-12 months Toddler $ NIA $ NIA $ NIA $ NIA 13-23 months Two year olds $ NIA $ NIA $ NIA $ NIA 24-35 months Preschool $ NIA $ NIA $ NfA $ NIA 36-4T months Preschoal $ NIA $ NIA $ NIA $ NIA 4$~9 months Preschool 60-72 months $ NIA $ N1A $ NIA $ NIA (not in Schaal) School Agelsummers $13.00 $ 13.(}0 $ 2,75 $ 2.75 Holidays Wrap Around Rate for VPK Children (Far the same child attending a VPK program and school readiness funded program) Child care wrap around race for VPI< children's reimbursement shall be based upon the foifowing negotiated fixed rate. F~11 Time Daily Part Time Daily B Hours or More Less than 6 Moors FULL TIME SIBLING PART TIME 51BLING Preschoal $ $ 36-47 months Preschool $ $~ 4$-5$ months Preschoal 60-72 months $ $ ~ -~ ~ - - {not in School} Rates Effective: July 1, 20'!0 ~Prrfvider's Signature: Date: 0 ,,,~~~J F mil C Nal c. * 371 S. nixie FEightiray, #222 • WesEPalm Beach, 1;L 334fl5 Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 5, 2010 SUB3ECT: AGENDA ITEM S.N. -REGULAR COMMISSION MEETING OF MAY 11, 201.4 RESOLUTION N0.30-IO ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on ten (10} properties throughout the City. BACKGROi]ND The resolution sets forth the actual cost incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. RECOMMENDATION Recommend approval of Resolution No. 30-10. http://miweb001 /AgendasBluesheet.aspx?ltern7D=3302&Meeting1D=257 5/7/2010 RESOLUTION NO. 30-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS} LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SI TALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFEC'T'IVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain Tots or parcels of land, described in the list attached hereto and made a part hereof, fox violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner{s) of the lands} described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisances} and sent notice that within seven {7) days from the date of said notice (forty-two (42} days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5} days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owners} named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 widen the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such. nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisances} e~sting thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to rho-City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Con-u~-ussion of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel{s) of land described in said report and in the amount(s) indicated thereon. Said assessments sa levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, became a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner{s} of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the May 11, 2010; meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30} days from the date of adoption and the assossrnent(s} contained heroin shall beconne due and payable thirty (30) days after 2 Res. No. 30-10 the mailing date of the notice of said assessment{s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such praceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thixty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Flozti.da, and upon the date and time of recording of the certified copy of this resolution a lien shall became effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection casts including a reasonable attomey`s fee. PASSED AND ADOPTED in regular session on this 11`s day of May, 2010. MAYOR ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W.1g` Avenue Delray Beach, Florida 33444 3 Res. No. 3fl-IO COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE F'ROF'ERT1~ DESCR#PTION __ C3WN~R AS ESS1v#E~#T 511 NW 50fh AVENUE PINE TRAIL SEC 3 FINAL PL LOT 8 (LESS SLY 50 FT) BLOCK 6 PCN 12 42 46 12 09 DD6 DD81 CASE NBR 09 OD1 D8942 Patricia A. Besson Trust clp Peter Besson 51 St. Clair Street Ticonderoga, NY 12883 79.00 nv. No. 35416 $ 55.00 Admin Fee $ - $ 134.D0 709 N. LAKE AVENUE LA HACIENDA DELRAY LOT 5 & 8 FT ABND ALLEY LYG N O F & ADJ TO BLOCK C PCN 12 43 46 09 11 003 DD50 CASE NBR D9 D0104378 Todd Campbell and Victoria Bostain 709 Lake Avenue N Delray Beach, F#orida 33483 250.00 nv. No. 35357 $ 55.00 Admin Fee $ - $ 305.00 3850 LOWSON BLVD SHERWOOD PARK E 75 FT OF LOT 4 & W 50 FT OF LOT 5 BLOCK 6 PCN 12 42 46 24 01 006 0042 . CASE NBR 09 00108251 Michelle C. Cobb and Geoffrey D. Cobb 3850 Lowson Blvd. Delray Beach, Florida 33445 175.00 nv. No. 35358 $ 55.00 Admin Fee $ - $ 23D.DD 537 NW 51 ST AVENUE PINE TRAIL SEC 4 LOT 1 D (LESS NLY 42.51 FT) BLOCK 9 PCN 12 42 46 12 12 009 0142 CASE NBR 09 D01D8882 Daphney A. Fleurant 537 NW 51st Avenue Delray Beach, Florida 33445 135.DD ns. No. 35353 $ 55.00 Admin Fee $ - $ 190,00 125 SW 9TH STREET BELLVIEW COURT LOTS 12 8~ 13 PCN 12 43 46 2D 15 000 0120 CASE NBR D9 Dp106371 Dulcie Hudson 125 SW 9th Street Delray Beach, Florida 33444 150.00 nv. Na. 35355 $ 55.00 Admin Fee $ 205.00 VIOLATION 1S: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, ~ VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED ~ NUISANCE RES NO. 30-1O.xls COST OF ABATING NUISANCES UNDER CFIAPTER 100 OF THE CODE OF ORDINANCE PROPERTY OESCRIi~TIOtV OW#~ER RSSESSMtrN 3512 BLVD CHATELAINE CHATELAINE NO. 1 LOT 4, BLOCK 4 PCN 12 42 46 12 03 DD4 0040 CASE NBR 10 DDD00072 Jimmy Martinez 3512 Blvd Chatelaine Delray Beach, Florida 33445 59.25 nv. IVo. 35417 $ 55.00 Admin Fee $ - $ 774.25 S DIXIE HWY SILVER TERRACE DELRAY LOTS 1 & 2, BLOCK 2 PCN 12 43 46 21 13 D02 001 D CASE NBR 09 00107731 Teresita Rivera 638 Snug Harbor Drive #E-1 Boynton Beach, Florida 33435-6150 1D0.00 nv. No. 35356 $ 55.00 Admin Fee $ - $ 955.x0 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16, BLOCK 23 PCN 12 43 46 16 01 023 0160 CASE NBR 09 00108571 Michael Steinbach 3000 Whitney Avenue #118 Hamden, CT D6518-2353 100.00 nv. No. 35354 $ 55.00 Admin Fee $ - Admin Fee $ 955.00 509 CURLEW ROAD TROPIC PALMS PLAT NO 1 LOT 264 PGN 12 43 46 29 02 D00 2640 CASE NBR 10 OD000294 Del Flore Thomas and Juliana Thomas P.O. Box 1269 Boynton Beach, Florida 33425-1269 39.50 5415 $ 55A0 Admin Fee $ - $ 94.50 623 SW 10TH STREET DELRAY MANOR ADD TO DELRAY LOT 7 & W 112 OF LOT 8 PCN 12 43 46 20 12 000 0070 CASE NBR 10 00000138 Maria Tobito 623 SW 10th Street Delray Beach, Florida 33444 79.00 nvoice No. 35418 $ 55.DD Adrnin Fee $ - $ 934.00 V10LATION IS SECTION 100 01- LAND TO BE KEPT FREE OF DEBRIS ~ : . , VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 30-1D.xls Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst. City Engineer Richard C. Hasko, P.E., Environmental Services Director 'I HROUGH: David T. Harden, City Manager DATE: May 5, 2010 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF MAY 11, 2010 HOLD HARMLESS AGREEMENT / PUTT'N AROUND, LLC ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Putt'n Around, LLC to install an irrigation water service connection within Florida Department of Transportation right-of--way at N.E. 5th Avenue, south bound Federal Highway. This property is located on the west side of N.E. 5th Avenue between N.E. 3rd Street and N.E. 4th Street. BACKGROUND Since the water service line will be cor~z~.ected to an existing water main within the State right-of- way for N.E. 5th Avenue, south bound Federal Highway, the Florida Department of Transportation requires that the City act as the Utility Permit applicant. As a result, the attached agreement holds the City harmless for the work performed under this permit. RECOMMENDATION Staff recommends approval. http://zniweb001/Agendas/Bluesheet.aspx?ItemID-3306&MeetinglD=257 5/7/2010 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT~OF~WAY THIS HOLD HARMLESS AGREEMENT, is entered into this ~ ~ ~ day of ~I^ 201U by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Putt'n Around, LLC, (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER. wishes to installfconstntct utilities in the right»of»way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the irtstallatioi~/construction to take place the State right-of-way; acrd WHEREAS, the CTI`Y is required to indetrmify and hold harmless the State for the work performed bpi DEVELO~'ER in the State right-af way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work peiforn~ed in the State right-of way by the DEVELOPER, its contractor or agent. NO'W, TI-TERETORE, for the mr~tnal coveiranfs and matters set forth hereiir, as of the date set forth above, the parties hereby agree as follows: 1, 'lie recitations set Earth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Teti Dollars {$1Q.~0), receipt of rvlrich is hereby acknowledged, agrees to defend, indemnify, and Iroid harmless the CITY and the State, their agents, afhccrs, e~rrployees and servants fiom any and all claims, suits, causes of action or airy ciainz whatsoever made, and damages, including, brit not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of--way and as more particularly shown on the engineexing plans submitted for the development l~~ot~=n as Putf'n Around Delray. ~, DEVELOPER warrants and guarantees to tl~e CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the Gity of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year fion~ the date of final acceptance. Unremedied defects identified for correction dtuing file war~~anty/g~iarantee period but reniair~ing aftez its e~-piration shall be considered as part of the obligations of the guarantee and warranty, Defects in the installation or construction of the utility improvement, v~=hich are remedied as a result of obligations of the ~varrantylgtiarantee shall subject the remedied portion of the work to an extended warrantylguarantee period of one year after the defect leas been remedied. DEVELOPER, shall deliver this agreement to its SuretS=. The Surety shall be bound with and for the DEVELOPER in flee DEVELOPER'S faithful observance of tl~e guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as nay be necessaay to perform the vtork in accordance with the appxoved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniq~ttes, sequences and procedures of the construction and i~zstallation of the utility improvement. 5. .Any claims, lawsuits or disputes that nay arise under this Agreeanei~t shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreen~.ent constitutes the entire agreement and understanding of tl~e parties, as it pertains to the constrr~ction or installation of the utility, There are no representations or Luxderstaudings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both patties. 7. DEVI±;LOPFR or its contractor shall maintain worker's compensation insurance iii an amount required by la~v and general liability i~~surance in the amount of one million dollars ($1,~00,000A0) governing bodily injury and property damage i~~ standard form, insuring CITY and the State as additional named insureds. DEVEL,OPLR or its contractor shall provide this information to the CITY on a Certificate of Znsuranee, that is acceptable to the CITY, prior to co~nn~encing installation or construction. 8. DFVFT~OPEIZ shall be bo-~tud by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit ~,A~~ 9. This agreen~.ent sl}all not be valid ttr~less signed by the City's Mayo~• and City Clerk. IN WITNESS WI~EIZE(JIY, the parties hereto have entered into this a~•eexi~ent the day and year first written above. ATTEST: By: City Clerk Approved as to Form: I3y: City Attorney CITY OF D~LRAY I31t;ACH, FLORIDA By: Nelson S. McDuffie, Mayor 3 WITNESSES D~VI'vLOPLTt; PUT•1"N AROUND, LLC ._..J-•--~ -- `~,~ Elise Johns n, Managing Member (Print or Type Name} 217 NW 17 Delray Beach, FL 33A~-~l /~,~~ Phone: {S6l} 613-2077 (Print yr Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH ~'} The foregoilig instrttn~ent was acknowledged before ine this/~` day of March, 2010 by ELISE JOHNSON of PUTT'N AROUND, LLC, a Florida liYnited liability company, on behalf of the company. She is personally .known to me yr has produced (t}'lie of identification) as identification. and did {did nvt) take an oath. Co~tn~m~ssloMn ~ DD 932 ' ~ ..~ ignature of Notary Pub ' - ~~ ~Y~24, 2(}t3 State a lr~icl tlondoe 7lr,~ TivrFan A~,,Y eoo~.ra re ri111 E 14.98 6TATE OF FIOnIt7A dEr'AnTR7Etir OF 7nANSPbR7RY103V ~UR~d 7taQ;0.85 UTII.[TY PERMIT occ"irwar PERMIT NO.: SECTION NO.: STATE ROA17 5 GOllNTY Palm BeacYi: FDOT construction Is proposed or unde-way. ^ Yes ~ Ho Ftnanctal Proeec# ID: is this work related to an approved Utlilty Work Schedute~ Q Yes ~ No It yes, Document Humber: PERt4tiTTEE; CI of Dsha Beaclt Enviroa~mental Services Dcpai•Ii17011t ARDItES3: 434 S. SwiutQi>i Ave. TELEPIioiar; Httn~sl=~: ( }561-2A3.7336 cirvtsTAT~rzIP: Delra Beach BL 33444 Tha above PERNIITTE& requests permieslon from the State of Florida De a-tment of Transpartativn, hereinafter caltod the FDOT, to construct, operate andmatntalnihetollawing: Constxuctaon o£ ~.0 Iel~' of 2" SNc'Ttex' Service and a 12r' x 2" double strag tapping saddle in SR-5 right-of-way. FRONT: 0.fl5 n~i. N. of SR 806 To: 0.45 Mi. N. of SR 806 Submitted far the PERMI'fTEE hy: Name and Company (Typed or Printed Legibly} coniaci In#ormatlan AddresalfelephanelE•Mall (If applicable} Signature Date Todd N. MaLeoci, 1?E Civil Deli ri Tnc. 312 3th Street West Palm Beach FL 33401 7_n o k': ~b1.b~y.~{bU 1 'I . The Petmiliee declares Ihai prior #a filing this application, the location of all existing ut+tllies ihai it owns or has an ini rest in, bath aerial and underground, era accurately shown on iha plans and a latter of nouficaiion was mailed on io the taitowtng utllltiss known to ba Involved or potentially impscied in the area of the proposed insiallatlon: 2. The local 1Vtatnienance or Resident Engineer, hereafter referred to a s the FDOT Engineer, shall be notified a minimum of forty eigh! (48} hours to advance prior Ea starting work and again immediately upon completion of work. The FOOT's Engtnser Is located at ,TalephoneNumber .The Permittee'sempioyeeresponsiblefvrNtOT14 Telephone Number . (This name maybe prnvkied at the lima of the forty eight (48}hour advance-t-aUce prior to starting woikJ. 3. All work, materials, and equipment shall ba sub}ecf to lnspscllon and approval by iha FDOT Engineer. 4. Ail piansand Insialtattons shall conform io the requirements of the FDOT's UAM In effect as of the dale this permit is approved by FDOT, and shailbe made a par! of this permit. This provision shalt not Limit the authndly of the FPOT under Paragraph t3 of this Permi#. 5. This Permittee shall commence actual constructor in goad faith v+i(hin days after issuance of permit, and shall be completed within days aflsr the permitted Warlt has begun. If 11re beginning dais Is more than sixty (ti0) days from the date of permit approve[, the Permittee mull review the permit wish !ha FPOT Engineer to make sure na changes have occurred to the Transporlalion Faollity ihai would affect the permiltad construction, fi. The cvnstruollan end maintananrs of such uiiEiiy shall not interfere with the property and rights of a prior Permittee. 7. It is expresslystipulaiad ihai tills perrnlt is a license for permtsslve use only and ihai the piecing of utli#iles upon public propertypursuant is this parmtt shalt rroi operate to create or vast any properly right In said holder, except as provided in execu#ed subordination and RafUoad Ufliity Agraemenis. 8. Pursuant Eo SacGon 337.4133(1), Florida ;3ia#uas, any utility placed upon, under, aver, ar along any publfcraad orpubJlciy owned rail corddot that is found by FDOT is be unreasonably interfe€ing In any way with the convenlsnf, safe, or oanlinuous use, or rrlainlenanco,improvement, extension, or expansion, of such public road orpubtlciy owned raft corridcrshatl, upon thirty (3d}days written nottce io the uti[iiy or its agent by FPOT, ba removed or relocated by such ulfliiy at lie own expense except as provfdod in paragraphs (a}and (b), and except for relmbursemant rlgh[s set forth in previously executed subordination and Railroad Utitily Agreements, and shall apply io all successors and asstgns for the permiltad #acilify. 9. I! is agreed That In the event the relocation of sold uEltities are scheduled to be done sJmultaneausly with the FDOT's conslrudfon work, the Permlfiee will coordinate with the FL3bT hofore proceeding and shall conperato with the FDOT's contractor to arrange iha sequence ofwork so as not to daisy the warkaf the FDOT's cantracior, defend any legal claims of the FDC3T's contractor due to delays caused fry Ihs Permihae's failure iv comply with iha approved sattedule, and shalt comply vtiih ail provisions al the law and iha FDbT's current UAM. The Permittee shad not be responsible for delay beyond its control. 18. in iha case ofnon-compliance with the FgOT`s requirements in effac(as of the dale this parmtt is approvod, ibis perm[ is void and the facili#ywlli Nava to be brought into wmpllance or removed from the t~1V11 et no cost to the FRdT, except for reimbursement rights set forth in previously exetuled subardlnatian and Railroad Uillily Agreements. This provlstan shalt nai limit the authority of the FDOT under taragraph 8 of this Permli. 11. It is understood and agreed Ihai the rights and privileges herein eel out are gran#od only to the extant of the State's tight, tuts and interest in the land to be entered upon and used by the Permtttee, and the f ermittea wtil, at alt iirnns, and to ihs e~dent permitted by law, assume alt risk of and Inrtemntiy, defend, and save harmless iha State of Florida and tine Ft~t3T from and against any and elf loss, damage, cost or expanse arising in s ny manner on account of the exercise ar at#empted exercises by said Permittee of the aforesaid rights and privileges. 12. J3uringconstruclian,att safefyregulaiionsofiheFDOTshetlbeobservedandihePermitteeniusttakemeasutes,incJud[ngptaGngandihedlsplayafsataty devices Ihat may be necessary in order fa safety conduct thn pubiio through the project area in accordance with the Federal N1UTCp, as amended for highways, the requirements oftha 5iandard Appttcatlon Paekago forraihvays, including flagging services and Railroad Pratacfive Insurance ar acceptable aiternallve, when appJtcahle, and the FbOT's Design Standards, indexes 6€10~ti7t3, and Standard Spedfications farRoad and t3ridgaConslarctfon, 5ecilon 1i)2, as amended by the UAM. When a UtJlfiy deems 1t necessary to canduat Traffic Control act[vilies and methods significantly dllferent from those addressed In the above references, the Utility must aubm3l an aliematlve pion signed and sealed by a licensed Florida professlanal engineer quali(led to develop TCP ]n accordance vrllh the provls€ons of Chapter 8 of the UANt, i 3. Should the Permittee be deskous of keeping its ufJlliles In place and out of service, the Permittee, by exeeuElan of this perm€i acknowiedgos its present and caniinuing ovmership of its utilities loeaied be#ween and within the FpOT's Fifv11 as set forth above. Whenever ihs l'ermitiee removes Its facifiUes, Il shalt ba al the Permlllea's sots cost and expanse. Tha Permutes, ai ifs sole expense, shall promptly rsmovo said out of service utililles whenever the FI]OT determines said remove! Is In iha public interest. 44, fn the avant contaminaled soil Is encountered bylhe Ut[iuy or anyone within the permiltad construclian limits, the Utility shall Immediately cease vrork and notify iha FDOT. The FDOT shall coordinate vrllh the appraprlatn agoncfos and notify the Parmiuea of any suspension or revocation o#Iho parmtt [rill eantamination assessment and remedlatton, as appropriate under Ruiv Chapters 62-77©and 62-i30 Florida Administrative Coda, has progressed to a state Ihat all environmental regulatory agancJes having ~urlsdlcitan have approved the ells of the contamination for resumption afwar[c. 95. Far any excavatlan, construction, maintenance, or suppod aetivilies perfamted by Oran behalf of the FDOT, witirln Its RMf, the Permittee may be required by Page 1 oft 12ULE 14.40 STATE OF FtORIOA OEPARTh1fNr OFTRANSPORTATION FOr2~.S 7f0~0f0-85 U71L17Y I'~1711[!I7 occTinoroi the FDaT or Its agents io perform the following activitseswtih respoc! to a Pormkitee's taciiiUes: physically expose or direct exposure of underground facilities, provide any necessary support to tacilHtes andiar cover, de-energize ar al[er aerlat fadrt€es as deemed necessary far protection and safety. t B. Pursuant l0 3eclion 337.40'!{2), t=lorida Statutes, the pem~€[ shall require the permit holder to be responsible for damage resulting from the issuance oflhe permit. Thet=DOTmeytn€tieiein}unctlvepraeeedingsasprovldedlns.921?.89toenforceprovis€onsofihissubsectionoranyrulearordertssuedoreniered €nto pursuant thereto. 97. Pursuant Ea Section 337.402, Ftortda Statutes, when any public road or pubs€dy awned rail wrr€dor Is damaged or impaired in any way because of the knstallation, inspection, or repair of a wittily located an such road or publicly awned roll carrkdor, the owner at the ut€liiy shall, at his or her own expanse, restore the read or publldy owned rail corridor tc its original condition before such damage. If the ovrner faits to make such resivration, the authority is aathortzed to do so and charge the cast Ihareof against the owner under the previsions of x.337.404. 98. The Perml#tee shall comply with all provisions of Chapter S5&, Fiorlda Statutes, Underground Facilities Damage Prevention and Safety Act. 99. Spedal fi3OT instructions: IE is urlderstoad and agreed That ootnmencamani by the Permitlae Is acknowledgment and acceplanco of the hind€ng nature of aft the above listed permR conditions and spedaf instnretlons. 20. Receipt of this permitacknawledges responsibillly to complyw]th Soclion 1i 9.07(3),1=forida Statutes, and UAM Chaplar4.5.2, regard€ng Facempt Documents and Security System Plans Requests. 29. By the taekaw slgnaturo, the Permitiee hereby represents Ihal no change to the ft3pT's standard Utility Permit farm, as incorporated by reference info Rule 94-9B.00i, far this Utility Permit has been made wifich has net been prevtousiy coifed to the altentton of tfee FDOT (and sign€fiod io by checking Ihs appropriate bnx below) bya'separate attashad written document showing a1f changes and the written and dated approval of the FDOT Engineer. Are there aifachmants reflecting changefs to the standard form? Cjl~tO [] Yi=S ttYes, pages are attached. PlrRNtITTEE Richard ~Iasko, Direct=or sIC3NATURE t)ATE: Name & Titla of AulhoHxed Permit#ee or Rgent (TYped or Printed I,eglbiy} APPRt3VED BY: ISSUE DATi~: District N}atntenance Eng€neer or Designee UTILITY PERMIT Fli'JAL INSPECTION GERTfFIGATION t3A7E: DATE WORK STARTED: DATE WORK COMPLETED: INSPEGTED 6Y: (Permittee Or Agent} CHANGE APPFtOYE17 t3Y: I}ATE: Dietrlct Maintenance Engineer or Designee I the undersigned Permlltee do hereby CEFiTEfY that the utility consirucilon approved by Iha above numbered parmitwaa Inspected and instaifed in accordance wtfh the approved plans made a part of ibis permit and fn accordanoewith the F13OT's current UAM. Atl plan changes have been approvod by the 1`DOT's Engineer and are aftactled to this permit. E also cortify chat the work area has been IeR in as goad or better condition Than when the work eves begun. PERMiTTEE: SIGNATURE; DATE: Name ~ Title at Authorized Permittee or Agent ed or Printed Le tbl GG: t7tslricE Permit Offlcs Permlltae Page 2 of 2 ; l 3 N.E. 4TH ST. - . ~~ ~J Q -~~ Lo~~~ -~' , - Q - ~ ~- -~~`~LOT-6 U - ; ~~ -~ - LOT-7 ~-'~ •-" ~ ~.1,-_ 8_ -~ ~L W w N.E. 3RD ST. ~ ~ %s%~~'~ ~ PUTT'N AROUND DELI~AY - can cx air eEacai. €t ~~1~ LgCATEO~I MAP _... AlG1IA{ ~S[- fUP 5Y57Ea/ -- fAAP fic[': u+~luand Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Enviromental Services Director THROUGH: David T. Harden, City Manager DATE: Apri130, 2010 SUBrECT: AGENDA ITEM S.P. -REGULAR COMMISSION MEETING OF MAY 11, 2014 CONTRACT CLOSEOUT (FINAL PAYMENT)/COMMERCIAL INSURANCE ALLIANCEIGARDEN WORLD OF HOLIDAY, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout and final payment in the amount of $7.34,344.68 to Commercial Insurance Alliance, A Reciprocal Insurance Company and Ford, Miller & Wainer, P.A. Trust Account for the completion of the Florida Beautification Grant landscape project. BACKGROi]ND The Downtown Delray Beach Master Plan, specifically phase one now completed, consisted of landscape improvements on West Atlantic Avenue from the northbound I-95 on and off ramps to SW/NW 12th Avenue. The scope of work included the following: installation of trees, shrubs, miscellaneous landscaping materials and new irrigation system. Garden World Nursery & Landscape Services, the low and responsive bidder executed contracts with the City and began construction in early 2009. Garden World of Holiday subsequently defaulted on its contractual obligations under the original contract. The Commercial Insurance Alliance, A Reciprocal Insurance Company, fulfilled its obligations as Surety under the terms and conditions of the Surety Performance and Payment Bond. As a result of the contractor's bankruptcy, the City of Delray Beach entered into a takeover agreement with the surety. Commission approved said takeover agreement on Tuesday 3anuary 5, 2010. Commercial Alliance expended an additional $76,540.25 completing the project including a remaining contract contingency allowance of $16,505.00. As agreed to within the aforementioned takeover agreement, the release of the funds to the Surety would take place upon receipt of an order from the U.S. Bankruptcy Court. On Friday April 16~" 2010 the U.S. Bankruptcy Court Middle District of Florida officially executed an order on motion for summary judgment. Brian Shutt, Esq, the City Attorney for Delray Beach, confirmed that payment can now take place as a result of the ruling. The City of Delray Beach can also httpalmiweb001/AgendasBluesheet.aspx?ItemID-3280&MeetinglD~257 5/712010 Page 2 cf 2 submit for the final grant reimbursement from the Florida Department of Transportation. Attachments include the fully executed takeover agreement, the itemized list of contract items and a location map. The project is complete and all closeout documentation has been received. FUNDING SOURCE Funding is available from 334-3162-541-68.09 General Const Fund/Rd & Streets/Other Improvementw/Atlantic Ave Gateway. RECOMMENDATION Staff recommends approval of a Contract Closeout and final payment in the amount of X130,344.68 to Commercial Insurance Alliance, A Reciprocal Insurance Company, and Ford, Miller & Wainer, P.A. Trust Account for completion ofthe Florida Beautification Grant landscape project PIN 2003-002. httpa/miweb0011AgendaslBluesheet.aspx?ItemID=3280&MeetingID=257. 5/7/2010 TAKECIVE~ AGREEMENT This Takeover Agreement (hereinafter the "Takeover Agreement" j is made by and . between Gammercial Lnsurance Alliance Company, 9309-3 Old Kings Raad South, Jacksonville, FL 32252, ("Surety" or "'Completing Surety"), and the Gity of Delray Beach ("Delray Beach'. WITNBSSETH: WHEREAS, Garden World of Holiday, Inc. ("Garden World '~, and Delray Beach entered into a contract (°Original Corm~act'~ far Garden World to fisrnish all labor, equipment, materials, and perform all work for mowing and landscape services for the Florida Beautification Graff (Gateway], along 1-951, Delray Beach, Florida, Project Na.2003-Dq2 ("Protect"J, ip accordance with the terms and provisions oftiEe Original ContraC~, including all contract documents forming a part of the Original Contract; and, 'UVHERF.AS, Garden World and the Surety made, executed and delivered to City of Delray Beach a Contract Bond, identified as Bond No. SM2D08-fl0001.-1.5 ("Band°) in the penal sum of $245,998.5; and, WHEREAS. Garden World defaulted on its contractual obligations under the Original Contract, and the Surety intends to fulfiIl its obligations as Surety under the terms and conditions of the Bond, and WHEREAS, the Surety is willing and able to undertake the completion of the Origins! Contract in accordance with the terms of the Bond and this Takeover Agreement, and with a Full reservation of all rights as provided herein, provided that the unpaid balance of the Original Contract [subject to adjustment For variations oFthe estimated quantities) is paid to the Surety when due, NOW, THEREFORE, in consideration oFthe mutual covenants, agreements, and unde-~taldngs hereinafter set forth, sad for other good andvaluable consideration, the receipt and sufficiency being hereby acluaowledged, Delray Beach and the Surety mutually agree as follows: '1. Each of the above recitations is true and correct, and is incorporated into this TakeoverAgreement as iffully setforth herein. 2. The Surety represents and warraM~ to Delray Beach that it is authorized and empowered to enter into this Takeover Agreement 3. The Bond and the Original Contrack includinf; all plans; specifications, and other contract documents are incorporated by reference herein, and are made a part of this Takeover Agreement. 4. The Surety agrees to have the work cainpleted on the Project required ~y and in accordance with the terms and conditions of the Original Contract, including all plans and specifications referred to therein, and all supplemental agreements, change orders and Work Orders issued pursuant thereto and Surety agrees to honor the six (6] month warranty period. Delray Beach acknowledges that the Surety, by its execution ofthis Takeover Agreement is acting in its capacity as the Surety far Garden World, and is malting arrangements for the performance and completion of the Original Contract, and is not acting as a completing contractor, and that the Surety is not assuming any obligations or liabilities beyond those contained in the Contract Bond. 5. Delray Beach aclrnawledges that the Surety will subcontract the performance of each and every one of the terms, covenants, and conditions ofthe Original Contract" including ail modificatior-s thereto, to the Completion Contractor. The Cntnpletion Contractor shall be subject to the terms and conditions ofthe Original Comractas if it had originally executed the Original Contract, except to the extent otherwise provided in this Takeover Agreement The Surety may satisfy the required insurance obligations under the Original Contract by providtr~g evidence of the required insurance coverage carried by the Completion Contractor, nan€iing Delray Beach and the Surety as additional insured under the policy or policies. The Completion Contractor shall be an independent contractor of the Surety, and no contractual relationship pursuant to flits Takeover Agreement shall exist between Delray Beach and the Completion Contractor. Delray Beach shall recognize the Completion Contractor only in the capacity of a subcontractor of the Surety. G. Delray Beach and the Surety agree that as of the date of this Takeover Agreement: {a) The authorized amount of the Original Contract, tncludittg all approved Supplemental Agreements, is the sum of $245.998,78. (b) Garden World and/ar its assigns has been paid the sum of $115,654.t#7. ~c) The "Contract 13alanee° shall be hereinafter defined as the sum of $24x,998.75 representing the Original Contract amount; including all approved 5uppleme~atal Agreements less the sum already paid fa Garden World, which results in a total of $130,344.68. (d} The Surety shall be paid 90% of the~$130,344.GS resulting in a~total of $117,310.21 when the wra rk is substantially complete and the six month warranty period begins. The remaining 10% shall be paid to Surety promptly at the end of the six [6~ month warranty period ifthere has been full performance required during the six [frj month warranty period. llowever, no payment shall tape place until Delray Beach receives a written release from PT1tANS Corp, to allowthe release ofthe funds or an order from the U 5. Banla~uptcy Court, Middle District of Florida, Tampa Division, regardingcase no.8:09-blc,Z0492-C£D, is received and allows Delray Beach to pay the fends to the Surety, (e) As of the date of the egecutlon of this Takeover Agreement, Delray Beach represents and warrarrts that, to the best of its lmowledge and ability, based upon the records available to f4 the CantracC Balance as defined herein is arrurab~ The Surety reserves the right to verify and confanm the accuracy of the Contract Balance. The Surety's sole remedy against Defray Beach for ._... -- breach afthis representation and warranty is reformation of the Contract Balance to the proper amount ?. Delray Beach agrees that the Contract Balance is available to and wBl be applied to the Completion Work pursuant to this Agreement_ Delray Beach shall pay directly to the Surety approved icwoice amounts chat are rendered as a result of a work order issued by Delray Beach. The Surety agrees to expend its awn funds as rracry be necessary Pram tirrie to tfrae to pay far the performance ofthe Original Contract by the Completion Contractor and bill in arrordance with the • terans ofthe Original Contract in the event that the Contract Balance is insufScient, with any such payments being credited against the penal sum of the Contract Bond 8, The Surety shall be represented at the Project by The Underwriters Group as Risk Manager. Prior to the issuance afthe Surety's Notice to Proceed to the Completion Conxr-actor, the Surety shall speciiicaUy autharize in writing an individual with the Completion Contractor m be its representative ("Authorised Individual") solely far the purposes set forth In the ori~irsal Contract for dealing with Delray Beach Deasy-to-day constructioia issues urith respect to the Project 4. payments from Delray Beach shall be made to the Surety and transmitted to the.. Surety at the following address, unless and wail Delray Beach is notified in writing of any different address. Commercial Insurance Alliance, A Reciprocal Insurance Company 9309-5 f)lcl Dings Road S. Jacksonville, Fl. 32257 10. All Supplemental Agreements must be execated and delivered by the Surety and Delray Beach. The Authorized Individual frozrit the Completing Contractor shall have, an behalf of the Surety, the authority tr, negotiate, but not to sign, Supplemental Agreements and Change Orders for extra work (i.e. work that is different from, in eXCesS of, or beyond the scope of the work required by the O: iginal Contract) requested or required by Delray Beach ("~.tppleme~atal Agreement"}. The Surety's representatives will have the authority to sign documents an behalf of the Surety. ~ 1. The total Iiablllty afthe Surety ender this Takeover Agreement and the Bond far the performance of the work on the Praje~ after the expenditure of the Contract Balance, is limited to and shall eat exceed the penal sure of the Bond in the original amount of $2~45,99S.7S. All rocks and 4 f t 3 expenses incurred by Surety in connection with the completion of this project will be credited baward the penal sum of the Bond. 12. th consideration of Ten Dollars [$2QQ0) in hand paid and other valuable consideration, receipt of which is hereby aclmowledged, Surety agrees to defend, indemnffy and ' hold harmless the City nf>?eiray Beach, their agents and employees in accordance with paragraph 7.28 of the General Conditions which is incorporated herein and made a part thereof as fully set forth herein. It is the specific intent of the parties hereto that fine foregoing indernnificatiou complies with Flo~nida Statutes 725.Q6, as aanended It is fw~therthe specific intent and agreement ofsaid parties that all ofthe Contract Docume~s on this Project are hereby amended to include the foregoing indemnification and the "Specif c Consideration" therefor. This agreement to defend, indemEnify and hold harmless the City of Delray Beach is limited to the penal suns of the Bond in the original amount of $245,938.75. Furthermore, Surety shall indemnify and hold harmless Delray Beach, in the amount of payment m Surety in the event Delray Beach provides payment to Surety and a Court of competent jurisdiction requires Defray Beach to make payment to another entity arising ofthe remaining funds awed to Garden Vl~orld, 13. The provisioms of the Contract Bnnd shall remain in hill force and effect in accordance with its terms and conditions. Nothing in this Takeover Agreement constitutes a waiver of such penal sum or an increase in the liability of the Surely under the payment provisions ofthe Bond 1.4. This Agreement is solely for the benefit of Delray Beach and the Surety. Delray Beach and the Surety do not intend by any provision of this Takeover Agreement to Create any rights, nor to confer any benefit upon or confer any enforceable rights under this Takeover Agreement or otherwise upon anyone otherthan Delray Beach and ttre Surety. The Completion Contractor has no contrat~tual rights pursuant to this Takeover Agreement and no contractual relationship shall exist between Delray Beach and.the Completion Contractor_ 15. This TakeoverAgreementconstitutes the whole ofthe understanding, discussions, and agreements by and between Defray Beach and the Surety upon the subject matter contained herein. The terms and provisions of this Takeover Agreement are contractual and not mere recitals. Delray Beach and the Surety aclarowledge that there have been no oral, written or other agreements of any laud as a condition precedent to or ~ induce the execution and delivery of this 'Takeover Agreemem. Arty written or oral discussions conducted prior to the effective date of this Takeover Agreement shall not in any way. vary or alter the terms of this Takeover Agreement. 16. This Takeover Agreement shall not be changed, amended, or altered fn anyway, except in writing and executed by both Delray Beach and the Surety. 17. This Takeover Agreement may be executed izr one or nacre counterparts, each of which shall be deemed to be an original 18. This Takeover Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. Venue of any proceeding involving the Original Contract or this Takeover Agreement will be exclusively in Palm Beach County, Florida. l i x-- a Z9 Any notices which are required to be given by the terms cif this Takeover Agreement, the Origenal Contract, or the Bond, shall be made a5 follows: Via certi$ed snail, return receipt requested, postage prepaid ttr. City Qf Delray Beach cJo Srlan Shutt, Esquire 434 South Swinton Avenue Delray Beach, FL 33444 As to the Surety: Via certi0ed mail, return receipt retested, postage prepaid to: Commercial insurance Alliance B777 San Jose Blvd, Suite #9D2 Jacksonville, Florida 3Z2Z7 With a fogy to: The Clnderwriters Group . 8777 San Jose Blvd., Suite #902 Jacksonville, Florida 322.? Aad P. Campbell Ford, Esquire Ford, Miller & Wainer, PA 1835 Norhh Third Street . Jacksonville Beach, FL 32250 20. The failure of any party to exercise in any respect a right provided for in this Takeover Agreement shall not be deemed to be a subsequerrt waiver of the same right or any other right. 2Z. This Takeover Agreement shall be binding upon the parties and shall inure to the benefit of themselves, their respective successors and assigns. In the event that one or snore of the pravisrnns afthis Takeover Agreement shall be declared to be invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceabllfty shall be tantaanount to a (allure of consideration, the validity, legality, and enforceability afthe remainlag provisions contained herein shall not in any way be affected or impaired thereby. 22. It is understood and agreed by Delray Beach and the Surety that this Takeover Agreement shall be construed without regard to any presumption or other rule requiring constrncdon against the party causing #his Takeover Agreement to be drafted 5 _ SCHEDULE"A" TO CHANGE ORDER NO. 11 FQVAL (CONTRACT C1.03EOUT) Carden World eTHoliday, Inc. Highway BeauiifecaHen Grant P/A7 2003-002 ITEM NO. LESCR1PT10N UNIT 1 Mninlenana of'1'rnflia LS 2 Mobil'valiolJDemobihzniinn LS 3 Clevrin & CmFbimn LS 4 hri anon Waier Meler LS 5 1m nn WalcrSm•icewl Hox LS 6 i.eadsca ]m lion S,~slem LS 7 Gmnha Lunha Ell B Silk Flnse l'rcc EA 9 Salin leaf EA 7D Pi mn Plum EA 11 Lire Dal EA 12 Whim Palm EA 73 Sabel PsUs EA 14 Mvl EA 14a Sw son Sla to arG Mulhn LA 75 -eau he EA i8 S ionwocd FA 17 Jamaica Caper EA 78 F- ln~sh EA 19 MnhiY Csrase EA za sward r•,an FA 27 Wild Cam FA z2 >hmnsnnnnrnr EA 23 K •'sLU EA 24 -lanket Plorver EA 25 Mulch CY 28 Cnm nsl CY 27 Sivke and G,I Tree EA 28 Stake and Gu • (Palms} EA 2B TTrc Rrlocalion L'nsls EA 34 U7slilr Allomnce LS 31 Videa AUowauce LS 32 Cmuin eucYl noxance LS 33 Indcmnifcv5on LS I ~+" I TOTAL ORIGINAL CONTRACTAWAAi1 GRANDE ORLER NO. 1 f FINAL-BREAKLOWN DuanMy Adjushnaldv {shave] 50.00 TOTAL CHANGE ORDER ND.2 f FlNAL 50,00 GRAND TOTAL FINAL OONTRACT 8 ORANGE ORDERS 5245.998.73 CHANGE ORDER NO, t I FlNAL SUMMARY Original Contract Award 5245,998.75 Final Contract to Date 5245,99835 CHRNGE ORDER N0.2 f FINAL f0.L0 Garden World ContractAmount 5 245,998.76 Less Amount Pald to Garden World ; (115,654.87} (Pay ApplicaNOn Na. 4J Less unused contract contingency ; - allowances (Bid item 30 & 32) FinaE Payment Oue 5 130,$44.68 CONTRACT TO LATE ACTUAL QTY. UNIT PRICE E%TENLEL TOTAL PRICE 1 $ 4,840 00 S 4 940 00 1 S 4,944.D0 S 4,940.00 1 5 8.220.09 5 8,220.00 7 $ 1;100.00 $ 1 40000 4 S 23,19D.ZD $ 23,190.20 1 5 37,717.72 $ 37,717.72 55 5 24864 $ 1387520 15 $ 184.44 S 2,768.60 37 $ 215.04 $ 7.956.40 47 $ 79194 $ 8,527.66 3B $ 409.92 $ 15,579.95 3D 5 356.16 E 1089490 59 S 154.56 $ 9,119,04 570 S 8.87 $ 5.fi25.90 0 $ $ 801 8 786 $ 6.295.96 725 $ 20.16 $ 2,520.00 205 5 6.06 $ 1,816.30 3-09 S 6.65 $ 2,320.85 2,349 $ 8.18 $ 14,516.92 1,045 $ 7.52 $ 7,956.40 809 $ 7.96 $ 6,296.90 700 $ 3.08 $ 2.163.00 3,100 $ 3,02 $ 9,3fi200 1,800 $ 3,09 $ 5,562.OC 800 $ 4.50 $ 3.600.00 600 $ 4.50 $ 2,700,00 179 $ 14.011 $ 2,596.00 101 $ 14.00 $ 1.414.00 B $ 191.66 $ 1,72k,94 1 $ 5,000.00 $ 5,000.60 1 $ 1.000.00 $ 1p00 o0 1 $ i5,000.D0 $ 15,090.00 1 $ 16.09 $ 1D,6o ___ ~ _.__ ;245,998.75 50.00 Paye 1 of 5 ;245,998.75 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: Police Department DATE: May 6, 2010 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF MAY ll, 2010 MEMORANDUM OF UNDERSTANDINGIDEPARTMENT OF CHILDREN AND FAMILIES SERVICES ITEM BEFORE COMMISSION This Memorandum of Understanding between the City of Delray Beach and the Florida Department of Children and Families to allow additional home visits to supplement the current child abuse and joint investigations protocol. BACKGROUND This Memorandum of Understanding will help reduce the incidents of an alleged high-risk perpetrator having access to a victim of a crime resulting from domestic violence when such access contravenes an enforceable Court order, thereby enhancing child safety. RECOMMENDATION The Police Department recommends approval. http://naiweb001/AgendasBluesheet.asp~?1temID-3311 &Meeting1D=257 SI7/2010 THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, CIRCUIT 15 THE TOWN OF LANTANA POLICE DEPARTMENT THE CITY OF GREENACRES DEPARTMENT OF PUBLIC SAFETY THE CITY OF WEST PALM BEACH FOLICE DEPARTMENT THE CITY OF DELRAY BEACH POLICE DEPARTMENT MEMORANDUM OF UNDERSTANDING FDR ADDITIONAL HOME VISIT PROGRAM TO SUPPLEMENT THE CURRENT CHILD ABUSE AND NEGLECT INVESTIGATIONS JOINT PROTOCOL Objectives: 1} To reduce the incidence of an alleged perpetrator having access to the adult or child Victimis of a crime resulting from Domestic Violence incidents when such access contravenes an enforceable court order. 2} Tv better inform the Department of Children and Families of alleged perpetrator Access when such access, though legal, contravenes a~n explicit safety plan with the subjects of a Department of Children and Families Investigation an certain potential high risk cases. 3) To supplement the existing joint agreements between the Department of Children and Families, Circuit IS, the City of Greenacres Department of Public Safety, the Town of Lantana Police Department, the City of West Palm Beach Police Department, and the City of Delray Beach Police Department. The agreement shall not be interpreted to contradictor limit the current Child Abuse Investigations Joint Protocol in any way. This Memorandum of Understanding seeks to supplement the requirements of any current agreements. Responsibilities: 1) Cases will be flagged. by either Law Enforcement or by a Child Protective Investigator following the initial involvement with the family. This can be a mutual decision or a decision made individually by either party who feels additional visits by Law Enforcement will enhance child safety. Emphasis will be on cases with high risk factors such as children under 5 or repeat Domestic Violence, bat will be based an the totality of the circumstances and will be at the discretion of the CPI or officer handling the case. The case information (demographics of the family and case number) will be sent to Protective tnvestigatians Specialist, Neela Dass, at DCF via email. 2} Ms. Dass will then review the request and send an email in narrative form tv the Captain at the appropriate agency. Captain Tyson is the identified liaison for the Lantana Police Department. Captain Porath is the liaison for the Greenacres Department of Public Safety, Captain Maney is the liaison for the City of West Palm Beach Police Department, and Captain Sims is the identified liaison for the Delray Beach Police Department. The email notification from Ms. Dass will specifically detail the issue of concern if it is a DCF or joint issue. If the issue is Law Enforcement generated, this step will be omitted, as it will 6e reported to the relevant Captain internally. It is the expectation that the request shall be sent to a .the appropriate Captain as soon as it is received. Any agency may change the liaison at their discretion by providing the name of a new liaison to the other parties along with contact information. 3} Captain Tyson, Captain Porath ,Captain Money and Captain Sims will assign the concern to a Detective or Road Patrol Officer via whatever mesas is most practical within their agency. The assigned Law Enforcement party will investigate the issue within 7' days and report the progress back to Ms. Doss via email. This may take the form of an arrest if a Judicial criminal no contact order or statute is violated or it may just be information regarding the concern. Ms. Doss will then transmit the information to the CPI and CPIS upon receipt to inform future decision- making. If emerge~rcy issues arise, Hie local emergency liatli~re (1-BtStS-DCF9-DCF) cm: be used to reacJt a DCF Supervisor 24 hours a day. THE MEMORANDUM SHALL TAKE EFFECT UPON DATED SIGNATURE OF ALL PARTIES. IT SHALL REMAIN IN EFFECT INDEFINITELY UNLESS AND UNTIL REVOKED OR AMENDED IN WRITING BY ANY PARTY. IT SHALL BE RENEWED ANNUALLY TO PERMIT NEEDED CHANGES. Perry Borman, Department of Children and Families Circuit 15 Administra#or Date Rick Lincoln, Town of Lantana Police Department Chief Phillip Lndos, City of Greenacres Department of Public Safety Director . Delsa R. Bush, City of West Palm Beach Police Department Chief Anthony Strianese, City Of Delray Beach Folice Department Chief APPRDVED AS TO LEGAL SUFFICIENCY: Catherine M. KozoJ. Po~.ice Legal Advisor Asst. City Atty. Date Date Date Date Page 1 of 3 MEMORANDUM TO: Mayor and City Coznrr~issioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 5, 2010 SUBJECT: AGENDA ITEM 8.R. -REGULAR COMMISSION MEETING OF MAY 11, 2010 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE CONiMtSSYON The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of April 19, 2010 through May 7, 2010. BACKGROiTND This is the method of informing the City Comxxaission of the land use actions, taken by designated Boards, which may be appealed to 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 suma~x~ary, 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 Plannin and Zonin Board A ril 19 2010 No appealable items were considered by the Planning and Zoning Board. The following item. which was considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (5 to 1, Deborah Dowd dissenting and Al Jacquet absent), of a conditional use request to allow a 24-Hour business by extending the operating hours to 24 hours, seven days per week for the CVS Pharmacy/Store, located at the southwest corner of George Bush Boulevard and Federal Highway. http:I/miweb001/AgendasBluesheet.aspx?ItemID=3307&MeetinglD=257 5/7/2010 Page 2 of 3 tither Items: B. Tabled {6 to 0), review of the public comments and responses recorded at the 2010 Annual Citizen's Roundtable meeting. Site Plan Review and Appearance Board Meeting of Apri128, 2010 1. Approved with conditions (7 to 0), a request for a Class I site plan modification associated with architectural elevation changes for a restaurant, Carlos and Pepe's, located on the west side of SE 2nd Avenue, just south of East Atlantic Avenue (32 SE 2nd Avenue). 2. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes for 321-323 Pineapple Grove Way (NE 2nd Avenue), an existing residential ofFice building located on the east side of Pineapple Grove Way, north of NE 3rd Street. 3. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of $2 townhouses, coznrnunity facility and a neighborhood park for Cannery Row, located at the northwest corner of Pineapple Grove Way and NE 3rd Street. Concurrently, the Board recommended approval of the following waivers: i. Recommended that the City Commission approve a waiver to LDR Section 4.6.18{B)(14)(iii)(1){b), which requires that exterior walls or vertical surfaces not exceed 85% of the length of the arcade, porch, loggia, or balcony. ii. Recommended that the City Commission approve a waiver to LDR Section 4.6.18(B)(14){v)(3), which requires that miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the buildings architectural treatment. iii. Recommended that the City Commission approve a waiver to LDR Section 4.6.18(B)(14)(v)(2), which requires that a maximum of 4 primary wall colors shall be used for each building. Historic Preservation Board Meeting of April 2i, 2010 No appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action: 4. Recommended approval (6 to 0, Tom Stanley absent), of a final ad valorem tax exemption .application for improvements on a contributing property, located within the Nassau Park Historic District at 1026 Nassau Street. 5. Recommended approval (6 to 0), of a final ad valorem tax exemption application for improvements on a contributing property located within the Marina Historic District at 708 SE 3rd Street. Historic Preservation Board Meeting of May S, 2010 No appealable items were considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the City Commission for action: http://miweb001 /AgendasBluesheet.aspx?ItemLD~3307&MeetinglD=257 S/7/2010 Page 3 of 3 6. Recommended approval to the Planning and Zoning Board (6 to 0, Darla Sernoff absent}, Ordinance 09-10, for City-initiated amendments to the Land Development Regulations (LDR) by amending Article 4.4, "Base Zoning District", Section 4.49, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.13, "Central Business District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.15, "Planned Off ce Center District", Subsection (B) "Principal Uses and Structures Permitted"; Section 4.4.16, "Professional and Office District", Subsection {B), "Principal Uses and Structures Permitted"; Section 4.4.17, "Residential Offce District", Subsection (B) "Principal Uses and Structures Permitted"; and (G} "Supplemental District Regulations" to specify and clarify medically related uses; Amending Appendix "A", "Definitions", to enact revised or new definitions for "Medical Clinic", "Medical Laboratory", and "Professional Off ces". 7. Recommended approval to the City Commission (6 to 0, Darla Sernoff absent), Ordinance 14-10, pertaining to the acceptance of the resurvey report for the Old School Square Historic District including extending the Period of Significance to 1965 and reclassifying 13 properties from. rion-contributing to contributing. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map http://miweb0011AgendasBluesheet.aspx?ItemID-3307&MeetinglD=2S7 5/7/2010 __ ~~T~ ~a~~~~~ ~~~~~~~ ~~~ ~~ r. ~Q~~ LQCAT€O1~ PAP - - ~ ~~,,,r - ~ _ -~-- OhF h11L~. ~~_- PLANNING ANC? ZpNING ~,,:~F~,vrc ;;;r~.~ f3EF'ART7~I~NT SP~AB ~. CARLQS APJ© PEPE'S ~_ 321 - 3L3 NF ~^'il AV~NU~ 3. CANNERY RQ~'1~ Page 1 ©f 1 ~- r MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 27, 2010 SUBJECT: AGENDA ITEM 8.5.1 -REGULAR COMMISSION MEETING OF MA'Y 11, 2010 CONTRACT AWARD/ B&O CONSTRUCTORS. INC.ISUSAN S. WILLIAMS ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $154,780AQ to B&O Constructors for the complete restoration of the historic Susan B. Williams House. BACKGROUND The Spady Cultural Heritage Museum located at 170 NW 5~' Avenue opened in July of 2001. Operated by EPOCH (Expanding and Preserving Our Cultural Heritage, Tnc.} this non-profit organization is dedicated to communicating the rich history and cultural diversity of Delray Beach. Adjacent to the museum is an existing one story historic bungalow structure known as the Susan B Williams House. At the direction of EPOCH, Judson Architecture developed plans and contract documents with the intent to preserve the historic 1935 structure through rehabilitation and restoration. B&O Constructors is the lowest responsive bidder with a proposal of $154,780.00. The price includes all labor and materials necessary to construct improvements including the following; selective interior and exterior demolition, new roof, all new electrical, mechanical and site improvements. Upon completion, the facility will be become home to the museums children's programs, presently known as The Kid's Cultural Club House. The new floor plan contains activity rooms, an office, a break room and restroom. Bid tabulation and rendering are attached hereto for your reference. F[TNDING SOURCE Funding is available from 334-4851-575-62.89 General Construction Fund, Spady Multi Cultural MuseumBuildings/Munnings/WMS Rehab RECOMMENDATION Staff recommends award of contract in the amount of 5154,78Q.OQ to B&O Constructors for the restoration of the historic Susan B. Williams House. http:I/zniweb001/AgendasBluesheet.aspx?ItemID=3275&MeetinglD=257 5/7/2010 Z Q O Z W W vs 7 O Q ~_ z ~ C1 ~ ~ c ~ ~ ~ O U ~ ~ ~ O ~ N J f- ~ r m S o Q F v '~ a ~ ° ~ U ~ m S "7 Q 7 H J U } a c~ z z z U O Q O O C O O C7 O ap O O OD O (fl O r 1~ "~ V O ~t ~ ~ ~ O T Q N M b4 6 Y fA fA = G O O O O 0 0 0 O U ~ 4 Q O L 0 r N O O 4 O Q 'Ct C r M O ~ ~ U ~o v H N ~ ~ ~ ~ ci o o O o c Q o 4 0 M O O M G 3~ O r Op Q t# O !r cfl cD cT ~ Y Ci .~ V! G U H m ~» cfr cis ter ti o 0 0 0 c o 0 0 0 O O O 4 tlj I~ O r OO O ~ O w QO cp tf V (7 r IA 7 r- r w H C a v O m ~r ~ ~ ug 0 m w 1 a v ^^ E C 0 ~ ~ O O , O ~ ~ ++ ~ ¢ ~ • ' .° 5 ~ ~ ~ ~ ai m ~ a i~ ~ r N r7 O Z cj m n m 0 v 'm v ~n 0 .o a` E m m SPADY MUSEUM GROUNDBREAKING CEREMONY BEGINS PHASE ll EXPANSION Phase ll Means Greater Access, More Events, Additional Programs of Cultural Nerifage Complex PAD1~" C~L~~`ERA~ H~I1'"~`A~I~ ~I'~P'LEX I PR+O4~ECT' s~ r~rrrr nYH ~ ~ ~r .yi,~..4 ~ 1, a ~u ~."~,~ ~ a _. ,i 7~', °_... - Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: Apri120, 2010 SUBIECT: AGENDA ITEM S.S.2 -REGULAR COMMISSION MEETING OF MAY I1, 2010 CONTRACT AWARDICHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION Request to approve an award to Chaz Equipment Co., Inc. in the amount of $41,610.00 far the annual Lift Station Rehabilitation program, PIN 2010-068. Lift stations identified for this year's rehabilitation are 84C, 90A, 11B and 108. BACKGROUND The Public Utilities Department requested funding for the annual lift station rehabilitation program with current year's budget allocation at $65,000. The award allows staff to continue their annual rehabilitation prograrrz, focusing on stations exhibiting the mast deterioration. This request is for rehabilitation of Lift Stations 84C (High Point Lake Dr., just west of Military Trail), 90A (Sabal Lakes subdivision), 11B (NW 1th Ave and Enfeld Rd) and 108 (S. Lake Dr. and Estuary Trail); please refer to location maps, Exhibits A through D. Staff solicited quotes for this rehabilitation work through a formal quote process, receiving foux quotes as follows; Chaz Equipment Co. Inc. in the amount of $41,610.00, TV Diversified Inc. at $65,668.00, Murray Logan Construction at $116,095.00, and TLC Diversified at $137,889.23. Chaz Equipment is the apparent low bidder. The scope of work includes by-pass pumping of the stations; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; and the installation of a protective coating. Break-away fittings and guide rails to be furnished by the City. Staff recommends award Chaz Equipment for this project. Their performance history on City projects has been outstanding. FUNDING SOURCE Funding is available from account 442-5178-536-68.15, Water and Sewer Renewal and Replacement/ http:l/miweb001/AgendasBluesheet.aspx?ItemID=3271 &MeetingID=257 5/7/2010 Page 2 of 2 Lift Station Rehabilitation. RECOMMENDATION Staff recommends an award to Chaz Equipment Co., Inc. in the amount of $41,b10.40 for Rehabilitation of Lift Stations 84C, 90A, 11B and 108. http:/lmiweb001/AgendasBIuesheet.aspx~ItemID=3271&MeetinglD=2S7 SI712010 L O s O r~.wje Y~ J Q r 0 a 'W W Q P N Z a C O L~ r ~_ '~ M CE' aD [h p iC1 W O (+1 O O li} ct ~ (fl O ~ c6 ~ (]'. O LL7 [D r ,~ Ch ICY N p~ ~ i ~ G1 ~ [O Cp ~ ~ ~ lC3 O ~ O i ~ `eY O ~ to r ~ rri T7 ~.. ~ ~ ~ G9 ~ ~ ~ ~ ~ ~ ~ N Q i U- O M ' 90 m M ~ ~ 1 ~ ~ ~ O ~ ~ b 6 ~ ~ O ~ : } -.. : O i i ~ (D N z ~ ~, ` 0 0 0 o p o 0 0 o p o W 0 0 0 o p O o 0 o p O ~ ~ p ~ ~ 1 U ~ Q M Q1 W M GO t'-) cA Q1 ~ i C. cc = . ~ ui ~ ffr ~ cfr O N ~] ~r vs 4~ ~ r N r v} I 0 a o ~ ~r ~ 4cr T U ~ L .c. C. ~ ~ -.iU: : O O O O O ~ O O O C] O O 00 O O O ~ . 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R c m A.. ~ ~ ~ . ~ N .C N O~ r N .C ~l - ~ 7 rUa '~ m E ca c °. U .n ~~ v o c o m ~~ ~ ~ v ~ rn ~ vi .n ~ ~ ~ v ~ o> U ~ ~' 3 ~ N M ~Y iC1 N M V ~fl O O ,~~„ c+i c+i ~ c'i of ~ V' ~ 7 tp (O ~. r o o E N G C ~ c O C r p7 "c 0-' c p .~ ~ j ~ O ~ ~ e J ~ ' ~6 7 C ~ ¢a~ i 1 1 i i i i } Pr©ject No. 2010-068 Quote No. 1970 ANNUAL LIB STATION REHABILITATION PROGRAM. SUBMITTED BY: . CAAZ EQUIPMENT COMPANY, INC. 3180 Fairlane Farms Road, Ste.1 Wellir~gtnn, FL 3341 ON March 26, 2010 @ 2:00 p.m. A€tdeudum(s} 1- 2 (included} ADDENDUM N0.2 TQ CQNTI2ACT DOCUMENTS For The ANNUAL LIFT STA'x'IdN R~~IABIIIITATION PR4GRAlVI C1rTY QF DELRAY BEACH P~OdECT N0.20f0-068 QUOTE NO. ~ 970 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Ct~ntract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of this Addendum, dated March 16, 2010 by: 1, Write the words "Addendum N©. 2" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE ItECETPT OF ADDENDUM NO. Z BY SIGNING BELOW AND FAXING BACK TO [56l) 243~706fl AS SOON AS POSSIBLE. Planholder { t~ By ~ l`~ t~ Date Page ]. of 2 PIN 2010-068, QUOTE # ~ 970 Addendum No. 2 ANNUAL LIFT STATION REHABILITATION PROc3[LAME 1Ltarelt I5, 2©EO A. Clal;•ifica#iuns #o questlans from the mandatory Pre-Sic3 meeting of ~ebruaty 24, 2{?xt?; + Additional scope of work: o To be included in each Lift Station's rehabilitation, the coating of the external valve box with "Sewpercoat" or equal. This scope of wvrlG shall be included bid iterrl # .3 for each respective station. END QF ADDENDC~11~ NO.2 Page 2 of 2 1'/N 2414-068, QUOTE It 1474 Addendum 110.2 ANNUM, L.TFT STATTON REHABTLTTATTOT~T PROGRAM Marcl~ 15, 2414 ADDENDUM NO. 1 To CONTRACT DOCUMENTS For The ANNUAL LIFT STATION REHABILITATION PR.OORAM F -. CITY OF DELRAY BEACH PROJECT NO.2010~068 QUOTE NO. 1970 TO ALL BIDDERS AND QTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take natc of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications vvhicla in accordance with the Contract Documents shall become a part of and have precedence aver anything shown ar described otE~erwise. NOTE: Bidders rr~ust aoknawledge Receipt of this Addendum., dated Mtrrcli 8, 20~T Q by: 1. Write the words s`Addendurn No. 1" an the ex#eriar of the envelope in vrluch the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OR ADDENDUM NO.1$"~ SIGNING BELOW AND FAXIN~n}G BACK TO (56y1y) 243-7060 AS SOON AS POSSIBLE. y ~1~~ ~ 1 1 ~~~~~ ~~ ~~ ~~ Planh I3y ~~~I ~~ Date Page 1 ofr 2 Pn~ z~~D.46s ANNUAL LIEN STATIat~ R~fiAeILITATIaAI PRaGRAivt Addendum Nn. I March &, 20iD A.. extension of Bid Period: Sealed Proposals will received by the Office of the Purchasing Officer, City Hall, lOp NW ISI Ave, Delray Beach, Florida 33444 until Frirla March 26 20].0 at 2:OOPN~ at which time they will be publicly opened and read aloud. PJAI 2010-068 ANNUAL LIFT STATION REHABILITATION PRpORAM Addendum Ho. I March 8, 2010 INVITATIart TO QuarE CITY aF QELRAY BEACH PURCHASING OFFICE 1 DD NW FIRST AVENUE bELRAY BEACH, FLORIDA 33444 (581} 2~t3-7163 QUt3TE No._ 197D ~ DATE: February 9 9, 2D1© ~, Annual Lift Station Rehahititatlon~ PIN 2010-D68 34 South Swinton Avenue Delray Beach. Florida 33444 Sealed Proposals wil[ be received by the office of the Purchasing Officer, City Hall, 10D NW 1~` Avenue Delray Beach, Florida 33444 until ~riday, March 12~'. 2010 at 2:88Am,, at which time they will be publicly opened and read aloud. INVITATION TO QUDTE This invitation to Quote, General Conditions, Instructions to Bidders, Special Conditions, Speclflcatlons, Addenda and/or any pertinent document form a part of this goats and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure quotes for ifem(s} andlor services as listed herein for the City of Delray Beach, Florida, hereinafter tailed the CITY. MANDATORY PRE-QUOTE: A mandatory pre-quote conference .has been scheduled for Wednesda Februa 24'~ 2010 at 18:30 am, at the project site, located at 22DD Lowsan Blvd, Delray Beach, Florida, 33444. A!I interested bidders are required to attend and be prepared fo ask questions SEALEb QtfDTES: Sealed quotes will be received in the Purchasing Office until the date and time as indicated above, Quotes will be opened publicly In Ciky Haii and all bidders and genera! public are invited and encouraged to attend. All quotes shad be subm'stted in sealed envelopes, rr~ailed or delivered to the City of Deiray Seach, Purchasing Office, 10D Northwest Firsf,Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify quote by: QUOTE NUMBER, TITLE, AND DATi; OF QUOTE QPENING. It is the sole responsibility of tl~e bidder to ensure that his or her goofs reaches the Purchasing Office an or before the closing date and hour as shown above. RETURN ONE COPY OF ALL QUOTE SH1=E=75. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless ottiervvise specified herein, the bidder will allow a minimum of sixty (60} days from the East date far receiving of quotes for acceptance of its quote by the City Manager andfor City Cc~mmission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any quotes, to rejec# any and ail quotas in whole or in part with or without cause andlor to accept quotes that in its judgment will be for the best Interest of the City, as further stated in Paragraph 16 of General Conditions. GBi`11=FiAL CQNpITIONS, lt+lSTRtJGTIGiVS ANp INF4RMATiOtd FOR QUOT~i7BR5 SUI3MISSION AND RECEIPT OF QUOTES: a} Quotes, 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 Quote. Failure to do so may cause your quote to be rejected. However, you tray attach supplemental information. c} Quotes having any erasures or corrections MUST be initialed by bidder in ink. Quotes shall be signed in ink. All prices shad be typewritten or fined in with pen and ink. d} All quotes MUST be signed with the firm name and by an officer or employee having the authority to bind the company or frm by htslher signature. ~- 2. QUANTITIES OR USAGE: Whenever a quote Is solicited seeking a source for a specified time for materials or servEces in the quantifies or usage shown, these quantities are estimated only. No guarantee or warranty Is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and vtitiil be used for tabulation and presentation of quote. 3. PRICES: a} Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his quote will be firm for acceptance for a period of sixty (6g} days from the date of opening unless otherwise stated by the City ar 6ldder. b} Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the quote, the unit prices quoted will~govem. c) Gonslderativn in awarding quotas for term contracts will be given tlrst fo bidder offering frrm 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 da so, the City of I~eiray Beach may negotiate for a new contract on fhe open market. d} The City reserves the right to purchase items an 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 casts discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for quote evaluation purposes. Bidders should reflect any discounts to be considered in the quote evaluation in the unit prices quote. 4. DELIVERY: a) All items shall be delivered F.O.B. desilnatian, and delivery costs and charges included in the quote price. Failure to do so may because for rejection of quoie. b) Time wil! be of the essence for any orders placed as a result of this quote. Purchaser reserves the right to cancel such orders, or any part Thereof, without obligation if delivery is oat made at the time(s) specified on quote form. ~ 5. BRANb NAMES: If and whenever In the speciflcations a brand name, make, name of any manufaciurer, trade name, ar uendor 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 aut other competition and equal brands or make, The phrase OR. EQUAL is added. However, if a product other than that specified is quote, It is the vendor's rasponsib€lity to name such produc# within his Quote and to prove fa the Clfy thai such product is equal to chat i specified. 6. QUALITY: All materials used for the manufacture or construciion of any supplies, materials, or ~ equipment covered by this goofs shall be new. The iiems quote must #ae new, the latest model, of the best quality, and hlghESt grade workmanship. 7. SAMPLES: . Samples, when reQuested, musf be furnished free of expense to the Glty and if not used in Testing or desfroyod, will upon request within thirty (34} days of goats award be returned at bidder's expense. ~ t3. ACGEPTANGE: { The material delivered under this proposal snail remain the property of the seller unfit a physical inspection and actual usage of this material andlor service Is rr~ade and thereafter accepted to the satisfacflon of the Cliy and musf comply with the terms herein, and be fully in accord with specificaiions and of the highest quality. In the event The material andfor services supplied to the City 9s found to be defective or dnes not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the - article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or Incurred thereby. 'I l}. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights ar patent rights In manufacturing, producing, or se[ling the goods shipped or ordered as a result of this quote, and seller agrees to hold the City harmless from any and alI liability, Toss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a) All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b} Whenever a quote 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 seccrre the work site before leaving at the end of each working day. ~2. MANUFACTURER'S CERTIFICATION: The City of betray #3each reserves the right to request from bidders separate manufacturer certification of all statements made in The proposal. 13. SIGNED QUOTE CONSIDlrF2ED AN OFFER: This signed quote shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the Glty Manager andfor City Commission of the City of Delray Beach and in case of defaulf on the part of the bidder or contractor after such acceptance, the City of betray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, WSURANGE, LICENSES AND PEF2MITS: j a) PERMITS: Where bidders are required to perform work on City structure(s) or i property as a result of quote award, the City will waive tl~e cost for perrr}lts. Cvniractor shall pay far permits for ail other work. b} LICENSES: If you are not licensed to perform work in the City of Delray Beach i you MUST obtain an Occupational License before a Notice To Proceed will be issued. c) LIABILITY INSURANCE: The City prefers the insurance and bonding companies f ~~ have a BEST Rating no less than A-, VII or better. If you have any questions [l regarding the City's Insurance andlar Bond requirements, please contact the City's Risk Management Office at (569) 243-7150. See page (s) 15 & 1fi for Insurance Requirements. A "sample" certificate has been attached. 'l 5. SPECIFIGATIONS: a} For purposes of evaluation, bidder must Indicate any variances from our specifications andfor conditions, NO [MATTER HOW SLIGFIT. If variations are not stated in the proposal, it wi€I be assumed that the product or service fully complies with our specifications. b} Any omissions of detail specifications stated herein that vrauld render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accopt any Quote or Combination of Quote alternates which, in the City's judgment will best serve fhe City's interes#, reject-any and aEl Quotes, #o waive any and all informalities andfor irregularities, and to negotiate contract terms with the Successful Bidder, and the right ko disregard aiI nonconforming, nonresponsive, unbalanced or conditional Quotes; The City reserves fhe right to reject any one or all t~uates, or any part of any Quote, to waive any informality in any Quote, and to award the purchase in the best Interest of the City. Discrepancies in the multlpiication of units of Worts and unit prices will be resolved in favor of the unit price. Discrepancies between fhe indicated sum of any column of figures and the correct sum thereof will be resolved In favor of the correct sum. 17. TAXI=S; The City of Detray Beach is exempt from any sales tax imposed by the Skate andfor Federal Government. 1=xemption certlfcates certified on request. State Sales Tax Exempkion Certificate No. 85-801262155BC-4 appears an each purchase order. 18. NIA 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boller Plate} Any time Quote Specifications differ from the General Conditions, Quote Speeiflcatlons and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, for NIA consecutive term(s) of NiA year(s) subject to vendor acceptance, 3 I i satisfactory performance and determination that renewal viii be in the best interest of the City. 21. AN7!-COLLUSION: a) i3fdder certifies that this quote is made without prior understanding, agreement, ~ or connection with any corpora#ian, frrm or person submitting a quote far the same materials, services, suppl[es, 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 ar provision of services. Any such vialatlon may resulk in cantracf cancetlation, return of materials or discontlnuafion of services and the passible removal from the vendor quote list {s}_ I 22. CONFLICT OF INTt=I~BST: a} Bidder declares and certifies that no officer, employee ar person whose salary is payable in whole or part from the Clty of Delray Beach is directly or indirectly interested in this quota or in the supplies, materials, equipment or services to which ft relates or in any portion of the profits thereof; or b} The award is subject to provisions of State Statutes and City Ordinances. Ali bidders must disclose with fhe[r quote the name of any officer, direc#or 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 (10} or more in the bidder's frm yr any of ti's branches. 23. NON-DISCi21MINATIOIV: ' The Bidder shall not discriminate against employees or applicants for employment r because of race, creed, color, religion, sex, age, handicapped status, disabilities, or (1 national origin. The Bidder +nriil endeavor to ensure that applicants are employed and that employees are treated during employment, urithout regard to their race, creed, color, religion, sex, age, handicapped status, disabigtiss, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, ar transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available #o employees and applicants for employment, notices setting Earth the provisions of this nondiscrimination clause. These provisions apply to alt subcontractors and it is the responsibility of the subcontractors to be in compliance. 5 CITY o~ DELRAY gEACI-~ ANNUAL LIFT STATION REHABILITATION 2f)10 CITY OF DELRAY t31;ACH PROJECT #i`2010-Q138 GENERAL NOTES A. PURPOSE: The purpose and intent of this "invitation to Quote" is to seek a Flrm price for the furnishing of alt labor, material and equipment necessary for tho rehabliitailon of four f41 ' m~sc~eltaneousxYiarciware:~b s:contractor. Ali work shah eom~ly with current Stag, Loral and ~lorcla-Btrllciirig~Codes at the most economical price. Service and Workmanship are ~- of primary concern. bidders with !ow standards for either service or workmarrshlp will he i judged to be non-responsible and their quotes non-responsive. Na quote will be accepted if it offers lower standards of service and/or workmanship than is described herein. 1 B. NOTIGE di' AWARD: It is and shah be understood and agreed that a contract shat! be deemed to be awarded and validly entered intn between the successful bidder and the City when written notice has been given the award by the City #hrough its authorized ofigee, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF QUOTEDERS: Quotes will be considered only from firms which are = regularly engaged in the business of providing the goods and/or services as described in the Quote Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufftcient financial support, # equipment and organization to insure that they can sattsfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and 'brganizatlon" as used herein shall be construed to mean a fatty equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray t3each, Florida. b. VENDOR SERVICE REPRESENTATIVE: The Bidder shalt submit with his quote proposal ~ the name, address, and phone number of the person(s) to be contacted for information and ~ far the coordination of service. A contact for both regular work hours and after-hours, weekends, and holidays must be identified. E. TIME FOR COMPLITIOht: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of #hls Contract. The complefe project must be completed within 7hlrty fS0} days .after. Not't_ca_to Proceed dale. The Contractor agrees to being with an adequate force io have the work completed in the time period indicated. Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contras#ar will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time. The damage will be at the rate of $2t;tl.tlQ per day. F. SAFETY AND CARE; Ol~ WQRK: The Contractor shall exercise safe work practices and maintain a safe work area of alt times, and shall be responsible for all damages to persons ar property resulting from unsafe ac#s, negligence, poor workmanship, ar failure to maintain a clean worts-site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until comp[etion and acceptance. 6 G. PERMITS: The Contractor shelf be required to secure ail permits required to compute this contractual service. There shall be no charge to the Contractor for permits. l•-1. C1TY OCCUPATION LICENSE: if the successful Bidder is not licensed to perform work in ~ the City of Delray Beach, the succes~fui Bidder shall obtain an Occupational License before j a Notice To Proceed wi[l be issued. Upon notification of Tentative Award, the successful ' Bidder has fifteen (15) days within which to submit ail documentation (insurance, Occupations! License, etc.). 1. #NSPECTlONS: An authorized representative of the Clty of Delray E3each shall have the right to inspect work while in progress and at the completion thereof After inspect(on, Contractor will correct any unacceptable work at no expense to the Clty. J. PAYMi=NT: i'ayment in full will be made after ak! work is completed, inspected, anti accepted by the city.. . K. INFORMATION: Any questions in regards to the T7eta(ied Speclficatfons of this quote shall be addressed in writing to the Engineering Department, clo Bob Diaz, Environmental Services Complex, 434 South Swinfon Avenue, Delray Beach, Ir(or'sda, 33444. Any questions in regards to the submission of your quote should be addressed #o Patsy Nadal, Purchasing Manager, at (561) 243-7163. L. PUBLIC ENTITY CEZiME INFORMATION STATEM!*l~T: A person yr affiliate who has been placed on the convicted vender list folkowing a convictive far a public entity crime may not submit a quote on a contract to provide any goods ar services to a public entity, may not ( submit a quote vn a contract with a public entity for the construction or repair of a public building or public work, may not submit quotes vn (eases 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 bus(rEess with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TNtO for a period of 36 months from date of being placed on the convicted vender list. S 7 Bidders are advised that a bidder nr anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing ©epartmen# or Environmental Services Department regarding this bid, i.e., a °Cone of Siience°. A CCone of Siience° is in effect from the da#eftime that this invitation to Quo#e advertized by the City. The °Cone of 5iienca~ will Terminate upon the bid opening. {~- • Contractor's Name,__„_~~~ ~,Ul]1D~~~ ~t• ~gnature ~ ~ ~~~~ ~.A STANDARD 1=0RM OF AGREEMENT i3ETV1fiEEN CITY AND CONTRACTOR ~ THIS AGREEMENT made this day ofi , , 20~, by .nand between the CITY OF DELRAY BEACH (hereinafter called CITY} and [ ' ~1G Z ~ CCU} ~1~ ~ ~,~C° (hereinafter called CONTRACTOR}, WITNESSETH. The CITY and the CONTRACTOR in consideration of the mutual cavenants 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 i 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 quote price includes all costs and expenses required for the satisfactary completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the f following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT {S) lrtvitation~to Quote PAGE NUMBERS 'l -7 { CONTRACT DOCUMENT5 ~cont'd} PAGE NUMBERS 5 Standard i^arm of Agreement 8-92 Corporate Aclcnowiedgment 'l3 Certificate '14 Insurance Requirements 15 Sample insurance Form ~ 'i 6. Drug Free Work Place C~rtificatlan 17 Exhibits, l_acation Maps 18-~ thru '18-4 Proposal {Schedule of Pricing} Signed by Bidder '1S ~23 Addenda numbers 0 to ~, inclusive, and any modifications, including -- Change Urders, duly delivered afiter execution of this Agreement. 4, The term of this contract shall commence an the date indicated an the Notice to Proceed. CONTRACTOR shalt have 6Q days to complete the { project. 5. This agreement -shall lae governed by the laws of the State of Florida as Naw and hereafter In force. The venue for actions arising apt of this agreement shall be Palm Beaeh County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the fallowing i addresses: As t0 City, City of Delray Beac1~,_~L lOp NW 1st Avenue Delcav Beaoh, ILL 33~~44 As to CONTRACTOR: ~l 1 Yl'1~~` CO • ~l~C 'r ~-~~~~ ~ ~-~-~ ~~ 7. The CONTRACTOR shah not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shad 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 himsetf, his partners, successors, assigns and legal representatives to the other party hereto in respect to ail convenants, agreements and obligations contained in the contract documents, 9. In consideration of ten. dollars ($'I0.00) 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 casts 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, tosses ar casts caused by ar an 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 Gity laws, bylaws, ordinances ar regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY ~o from all such claims and fees, and from any and ail suits and actions a# every name and description that may be brought against the CITY on account of any claims, fees, royalties, ar costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the inftingement of any and alt patents ar patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to - defend at his awn expense or to provide for such defense, at the CITY'S option, any and al! 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 goad and valuable consideration as specific consideration f©r the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the quote price includes said consideration for the indemnification provision. 1 q. This Agreement shall be considered null and void unless signed by both the GONTRACTOR and the CITY, 'l1. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed I by a duly executed written Instrument ~~ 1N WITNESS WHEREQE, the parties hereto have executed this Agreement, the . t day and year firs# above written. t t ATTEST: CITY OF DELRAY BEACH, FLORIDA By: 4 Gity Clerk li/layor i- , _ Approved as to form: City Attarr~ey WITNESS: CO ~~, BY; ~~~s~~t~~ ~ ~ `~. {Print or Type name and title) ;~ i 0~~ ~a ~' l~~S ~~' ~Pr~nt or a Hama an iiile) ~?i'e S ~ ~~~ Est=Al) 12 CORPORATI~ ACKNOWLEDGMENT STATE OP ~ ~ QY_i C~0.~ COUNTY OF ~~-~~~ C1'1 CC~~ The foregoing instrument was acknowledged before me this c~tA~c ay of ~ l~C~,~'G'1 _.-~---~ 20 ~O, by ~ G,Y ~z ~ ~`~i~-~ (name of officer _. ar agent, title of officer ar agent), of ~raZ ~ Ui~ ~~}" ~o- (state or place of incorporation) corporation, on behalf of the corporation. He1She is (persana!!y known to me) (or has produced identification) and has used ~ . hislher as (type of iderttifcation) identification. Sig atu a of er on Taking ,,,„~pG,,, aat3i Fi~i.tu nowle gtxle :c=o~'S` °~n., Notary Public -Stale at Florida a t % , . ` My Gammisstan txplres Fe# 24, 2012 rl'~,,,,,,,,,,,~, son ~ThiroughNatlorratNateryAssn. (~,1 ~ ~'1 Name of Acknowledges Typed, Printed ar Stamped i3 CERTIFICATE (If Corporation) STATE Ot' FL.ORIDA• ) } SS GOUNTY OF'~~h ) t ) f 1 HEREBY CERTIFY that meeting of the Board of Directors of -~- ~. ~ f , a corporation under the laws of the State of ~-- ~ ~Y i C.~Cs,. held on CY1C~,x C' h ~~ , 2010, the following j resolution was duly passed and adopted: "RESOLVED", that ~ O~Y r Y~Uu~~~as ~Y~S+C~ex't-~-' 'I President of the corporatia he/she is hereby authorized to Execute the Agreement dated irYlC~.r(~-, ~ 1.~ , 2010, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corparatian and with corporate seal affixed, shall be the offcial act and deed of this carporatian". I further certify that said resolution is now in full farce and effect. IN WITNESS WHERIEOF, I have hereunto set my hand artd affixed the official Seal of the corporation this ~~~'ay of t,~~X , 201 ~ i ~ • (Secre~'~ry)~~ ~Ul~~'~ ~ (Seal) 1 ~# lNSl3i7ANCE I~~C1UiREMENTS A. G1=N~RAL during the Perm of the contract with the City, the contrac#vr shah procure and mainfain insurance of the types and to fhe (irnlts speclfad in paragraphs (1) to (4) inetusive below. _ 13, cav~~AG except as otherwise std#ed, the amounts and types of ]nsurance shah conform to' khe following minimutr~ requirements: 1. Worker's Compensation -Coverage to apply for all employees for Statutory lirrrit's in compliance v~rlth the applicable State and Federal Laws. In addit€on, the policy must €nclude 1=mplayer's Liability with a•limit of $'It14,0{3Q each accident. 2. Comprehensive Genera! Liability -Coverage trios! be afforded on•a farm spa mars restrictive than the latest edition of the Cornprehansive general Liability Policy filed by the Insurance Services bffce and must include: a) Minimum limits of $3p0,ilOD per occurrence combined sir~gle.limlt for Badity injury Liability and Property damage L€ablilty. • b) Premises andlor t~perations. - c} independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Expivsian cr Collapse hazards, • 3. ~uslness_Auto ~?aiic~±-Coverage must be afforded on a farm no more restrictive. than the latest edition of the Business Auto I'oiicy fled by the insurance Service office and must include: a) Minimum Limits of ~3pi),04g per occurrence combined single limit for . Bod[ly Injury Liability and Property pamage !.lability. b) Cwned Vehictes. c) Flired and l~nn-Owned Vehicles, . d) 1=mplayer ton-4wriarship. 4. Certiflea#e of insurance - Gertifica#es of ail insurance evidencing the insurance coverage specified in the previous insurance Adniinlstratar prior to commencement of work. Tie re ulred certifvates of insurance bail not onl ame the t es of ollcies ' bidder will include the City of pelray-Beach _as add_ifidnal insured. tf the Initial insurance expires prior tv the completion of the work, renewal certificates shall be furnished thirty (3t1j days prior to the date cif expiration. Also, under the Cancellaklon section of the insurance Certification fibs wards Lendeavor ta" and "but failure to malt such r-atice shalt irnposeYnv obligation or Iiabllity of any kind upon the company,-•~genks ar ~~;.,~,,. representative shall be crossed out as Indicated on fhe attached Sample of Insurance ' Certificateu. insurance certificate sample. next, dads ins ' 55~2437i66 C t 7Y ['l~ BQ.I~tY BEACH ~ P~ i~G 21 ' ~ i0 s ~3 p ' r J '~' ~ `~. 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R PAES(1$~Sfl~ERIEiq${$ ~~k`ALEAR$E ti.4lAR.7 plJrtAtl£~ ~ ' ~ ~'{'ffE iWPfiA11Q i$ 'w • y /1 ~f#RNe`fllfd. ~ ~LU6*BRIkQ ~ ~V~ 4y,' ~Q~ 31. ~ JtfDEP4NNF1tT C~1~tQRf ~ fDRkd PR4t'EAK Rr~tnGE 9t;45~~A{ 1~tAJtiY R~~UlJ,4t ~rt~UttY $• ~Y. AUEai,[OHILS L1A6lu7Y ~~' lq~r .: J ~Nff4 A~'Q7~bt35 3•-Ql--9C1 3--~1}.-gl ~K~ 5 ~~ . ktf. U~~ hi!lIJ~ I~FN• P1us.1 sad. ~u aYrs,~o u~J~ 4° P ss. ~ ~~ ~ ~ ' ~~ ~, J~Ea >~~ ~ ~ •, d ' 4 G 32AGE 1fA6, t.((Y ~CQ4B~rNEO ~ ~~Q . ',• J~J(CES~ L1Atlft,nY ~ F~~ ' gip C4 a~ OTEidt TTWt Ui~RE4f A !!~i _. Ivo-;KEF~' C~ltrs~ssd7toit + ' s~xr~i#rr ...'::~:" •. • y; ~ ti ~ ~ ~ ~ 7~f}6 ~-OT --9U 3--RFw$i • ~ iarVStaCppEIAI ~~ ~ ~ ~ @Mt:WYt:f3S' ~AJJ~.tTY ~ ~ 4Dl;Er~.FOt.1~Y tvui] ! i~g`. . ~~ Zo~-se•EnL7~EM~l0Ye4 tiTti~rt E ~GCJitP'i]~ ?{ OF E C F RA'ri~ltt,~LCyC~1. .x,45 uC at aA s8>wC nn ~ ~,lst fiB OJC-a .C-~ ~ - ~r f~ r ~ ~ ~y t J-+1S~T~{1iLC~~. ~~+x~I.E TIy ~7ST.aS:E Y!S#~EC't.~ 3,g ~,OIr« CrFO~Ii Qf~t hLlt]~~'81'.CC~, SIQTi11L~ ~CI~C QF~ ~1~~~ SE~~ x& ~n~xCH.G~. ~~~ &_p~CVi.d~ 3t1 r,~a3t'A rrr3.~E:an ttat~.Cey ~ + + G`~TX (}L7 I!ffi ~~ $LAC~ I 1 ' ~~ ~ T R~o ~ ~ fl ~ ~ , P 0 ~ f~ , T N~ U1a~All Y J Ip G 43~J ~. s~p~ ~.'~ ~ ~ rJ~. ~ nAvS ~m>~11lp ~o~t~c~tm~ aot<n~11 >:J1 T~a ~ ., ~ ~~~ 7 p~UG FRED V11®RKF'L,~~~ ~~RT!#"lCl~i'I~AI !f identlcat tie bids exist, preference will be given to the vendor who submits a certi#ication with their bldlpraposal cer#ifying they have a drug~free workplace in accordance with Section 287.087, l±lorida i;tatu#es, ~"he drug-free vtirorkptace pre#eror~ca is applied as fafiov~s: IDl=~3T1~A1. TI1r, ~laS: Preference shall be given to businesses with drug~free workplace pragrarns. Whenever two ar more bids which are equal with respect to price, quality, and service are received by the State of by any poiiflcal subdivision for the procurement of CDmmodltfe5 ar "cantr~GtElc']l seNICE5, a bid reretved frnm a business that certifies that it fees irr~plemented a drug-free workplace program shall be 'given preference In the award process, l=stablished procedures for processing tie bids will be followed if Wane of the tied venders have a drug-#ree workplace program. As file person authorized to -sign this staternen#, {certify that this firm"-~ampEies fully with the foilov~ting requirernen#s: ~~} 'this firm publishes a statement notifying employees that the unlawful manufacture, ~ distribution, dispensing,. possession, or use of a can#rolled substance, is prohibited in •the workplace and specifying the actions that will be taken against employees for viaiations of sctch , prohiblfian. "2) This #ir~ informs employees about the dangers of drug abuse In the workplace, the business's policy of maintalnir~g a drug-free workplace, sny avaltabte drug eaunseiing, rehab#Iftation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violatic?ns. ~ . 3) This firm gives each employee engaged 3n providing the commodifies or can#ractua[ services that are under bid~a copy of Fhe eta#ement specified in subsection (~). ~€) ~ in the statement specified in subsection ('[), this firm i~o#ifias the employees that, as a condition of working on the commQditles br contractual services that are under bid, the . employee will abide by the terms of the statement and will abide by the terms ofthe statement and will notify #hE employer of any conviction af, or plea of guilty nr Halo contenders ta, any violation of chapter 893 or of any cantroiled' substance ]aw of the United States or any state, for a vioiatlon occurring In the workplace no later than foe (5) days after such eanvictinn. S} This firm imposes a sancttnn on ar requires the satisfactory participation In a drug abuse assistance or rehabilitation program If such is available to the errEplayee's community, by any employee who is so convle#ed, ,~ 6? This fErrr~ will continuo #© make a good faith effort to mai "fain drug-Erse workplace thrdugh trrtplamentatior, of this section. :r.,~~;~;Gontractor's Name r~~,,,~ Slgnatur ~'~' #_ ,~ laful ^].i ~ ' `~ f ~f wig ~i ::~ :~ ~:~ t> O ~' .~ t8 E.3 0 ..J L,] ~} ~~ L a i r •~ rg .i ~.: ~r_, ,_: _~, . m J `~' r--.tiZ ~~"~. ~- a ~ ~ ~ e r ,m o ~ ' .~ i ~ . ~: ~I P c rn ~ r~ ~~ ' a (:1 ~ ~ ~ E~ vJ .J' f~ ~ U: ~~ ° ~' 'o ~' F O L~ ~. x~ L~ ~~ i ~ L' ~~ ~. 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CHAZ~~EQ~ITYTfE1'~r co ri1C ~ t 7,t1CAr~II A'3' -- -, - --.. _ - ::. .. - " CZA3KDtiI5KI nArtY - ~ : - .31e$:'~AYRI-hl1E FARFIS R~ 711 i~ -r .. „ ~ ~ sJEL7;XIIfaTOxti FI a3434 ; - - _ .h.- -.'F.ATIIl. ,185:85 ~. c.•' ~... .~t._ y ~. YldcrtisatP_l1Cf'hoiepY VLYdhar_tlie abon6 aeelort iui Ilae:~rrWtl,° } "''E'MtB~ 15` ~t~ld'T JR .. _ • pa~y,niiig m trx rust dsy w oc1 tier acid analny'oil, Ma Itr7rlieib . :. •.. ~.. ».: ~ , .. - . .. . .. .. . .... . a.Y nt Siylm~ac lo-rngx~s c.. 1n~ buslnrss~ P*vtrislWi aY: -,-: -' . .- - - - - .- ~ . ocapalia~ot 117FDERO1C411NO tiY~L1ETl~i=4-~'.:' PAIR PEC. TAX COLLCCTDii. ~ - '~ - ~ _ CQ}#TRAGTQR - ~ - 185 t35- BTr{- RAJ 47.71544 07!30/.21sD4~ :. ' ~ -ANhI>E M GANP}r]1V ~.., ~: ~~ ,.:+ •.. ~~"ilii& DC~C1JMEt!!T ~IS VALID Df~~-Y wi'tBN ii5C6it--fEl3 .~ TL1X CAL1rFCFOR PAk[N BFACFL GC7L~r`i'TY .,,~ ~, ~,' ,; BY TASC COL~iCTOR a . _ 'Fi1is receipt is in acid[tion to and-not to iieu of any fittens:~ required By iaw or municipal _ State of h' l4~tL~'~c Department of State I certify £ram the records of this akGce that CIIAZ EQiF1PIv~'[9T CtJNdt3h2~Y, INC. is a corparation orgartized under the Iaws of the State of Florida, flied on 3une tl, 1986. 7'lte document number of this corporation is M8d335. I fDrlher certify that said corporadoD has paid ail fens due this office through December 31, 2009, that its most recent annual 7epart was filed on Ap/ii 20, 2009, end its status is active- I lElriher certify that said eprporation bas net Sled A1licies of Aissoiution. ~ib'PJ] xadn htpphnndaadihe Crtdf Stai of Floflda uTa7lohasscc fhe Capitaf~lh&17Vr T.crnty F_igheh Aay ef~rugau, 2009 ~ _ Secrefnry of Sfrrfs '~ ------ :...m- yiotboo7sass-e8~sna~te[¢tfis L: 1nm~-~etli, eati~ S•'~auraNwrL'dlfu,aW>~u ~RE' m, ~lLtiuid~o-S7scv~ncl aEa~y~ htipsd/e111 nsv nh&-arpfcerlaathvarhtml y vrc f rta~ poLici~s a~ wsururfc~ G~st~o~>r~.aw t~,v~ t3E~rv sssutra ro ~~ ifasu~~a tu,~a~n Ag4vis ~ot* rtis 1dY Ct)tiTRhQT p>3 oitit:R t;7c)GUl,ltslir WtrH RESPECr'pb wttlGH 7Hts cURrli=lCllTr: MAY B~' 10h as= I NC ' ~ 1 , Test aR GO l~NY ti~ilttlli~tySENi MAY PEftYAl~l, l'F!E IN$t1RhPiCR AFFOROESEl SYrHg p4Lt01 5 Rt±3C1tI6E!] jiEREIN ES SUBJ~Ci' EbA'tE LIMFfS StiOWt•11JfAY liAY~ e~~~ i[iUC~D ~Y PIl1D Cl.Ali~. ro /tLl. rNt?'fpftM9, L7t[X.USE4N5l~hf0 C03~[1i PpLlCI~3. At3Git 'fYPt30F~ RJ~[CE PQElCY~ylIHtSR G ~~ ODx~sr Oij~xj~UlU LL~IT3 p~/ox zoz~. ~ACttoccttk~H o OEkL~RALLiAOt&ttY : X CQl~lM6RC,IALG~fEtl116UAB~l7Y ~ Gi/1k?.LR1,tr4lSE QpGWR IAL•G~W~Yct,~ptnortj pERS(1}trV.l AtIV UtlURY i A -~ GEtkF.Ml.Ac~GiteftA7E f GEtt'LAt3aREGlllrillFe[fTAPPLI~CSFEfI Fk000C478•GOl.fP1D!'AGCi i F'OEtCY J~ 1 bC AUT9TAOSILHtJA>3tLtIY ii~.C~~4 8022 ~~.juzJ a o 0 /0 /~o~.~ ce, n~,N~~~L~,r ~ X AltYAUYO i -1ll.triYt~lEOJSUi03 ~Ot?X.YttitURY i {Po(penpn) 5'CF~ptx.EOAUTD3 ~ )i lIEREOAVtOS ~8074Y1 Y = ~( N03Lp1y1i1:0 AVl'OS X CA9948 Po'3'Iutiott 988 xKfL FUEL TtiiiClC ~- fA~1QE i ~314~ JitJiOOM.Y-1:AAOC1F~tiT i aAltAGRUAHILRY t~l1AGC i AHYAIiTO A~~~TN~H AGG i rlxcESS~un~aRELUUAaktm C~CAOOU~ t17.J01/~Ofi} O1 0~/20~,X ~J1~t10CCtttu~t~ a l)CCVR ~ CIANSS [.tAtlt A(~R~4J1tE 1 , ~ tH:Ol1Cri61E ~ RE7ElttiOH i ~ A~ p lYORkSt:RSI:PF~PEHSR7tON ANtT OF &UCH fh1PL0YEti3`W18fEt1Y E.I.EACk1ACDCIQTti'f i - pFFSCEFAE6f0E~R d~UQ~ECVi'A+E: t<.L.pt5~A5~-F~OYR i PE~G~tAI.. P3tflN}19 lxlvN t •l. O~~i<-i'Q~tG1r ll6f~i' f Et< ~ ~ $932 Ol/Q]. 20.0 Ox/Ul/2011 ~'~11 ~chedu'~ed ~qu~pnie~lt ~ t1~atld H1at+~ln0 . $~,27S,G5{3. ~C k~1 ~iR leased t~gtt~ mint ~ S10A,01 ~~0 £~aYS ~ift~CC Qtr C4[ASCeI la~~o0sf©rLnonpaYment~a#' pt'E11~1UE1lEClA1.PROVIS40t{S FOIL ~NSURl41+€CE PI1ItP~SES i~tdi.Y ACORD ~8 (2444fp8) SHCJl.O A}1Y 9P YkiE ABCYE DfSCR1BE0 POL]CIES aC au~cE~~eu ~ er~xce the f}CPtktA710HDA7E YHERECF, ~° tS§1tkN4 iRSURERPlILLISNDL'AVi1tt 70ltAlL ~~L7 DAYSWRI'FTI;H~SSCE'fQS]IECER11fiCATEf10LDERNAl1fla701t1$t~FT, itU7 FA1Li~tE tO 1SA1L SUCH }i4'[tCE 6HALLttAPW E it0 OBtlOA~K1}i dtt tUbtLltY QP JLFlY >GH4 ~ P08'[H4 k}79kik6tt, tf$ RaE~.tTS OR REPl~,~~~~'t11fi9,, TISORF~EI PR@SEN7A'fiVE :a11 Tfi4tt~slD~Al..~. ~~ ...._. ~kAaQFtD GORPORP;TiC1N m ~ .. --- ~ - ~- ~ ~ -~- '.' -,'- ~ '~~ ~. - PATEiMNF1Pg1YYYY! - `~ ~~~~ RR ~Q ~ CERT~FICA~'~ ~I~ L[A~I~I~'Y INSI~RANC~ ~ . .-- . ,-. : CI~YAZ}4-1 _ _ ._ D3Z26 lU = PRgOUCER.. .. ~ 7HISCi?R7iEiC{~7E iS`ISSl1ED AS A INATTE#t qF IN FgRM1iTI0N ] . - ' ~ t7N€Y: ANa CONFERS: Nf1 RiGf9'F5 lIPUN THE C~RTIFiCRTE.' -~ _ _ EVergx~iexi xr~aux~.~nde . A~g~y-s Inc ~ 1i0i.C~E#t THIS GEii'!'IFICAT.E' DgES iVOT~ AMEND, EXTEND OR 5$$..X.©Sth Aveii[>te,1~F, Std 2: .: ItL'CEI2'THE'CUVI;RAC~AFFgRpI;DBYTHEPOLIGit<58iMLgYYt ..... g17ya3c` P~11it $~ac~ FEI: 3341° .., . ~ - ~_ Phone:561 ~6&;-88$3;: Fa~to;5~~=96.4=8885 °. ~ ~.: lTff;URERS6r,FFQRpING,C©VERAGi; ....:. Nl~iCt~ lNeURED .. :..: >~ ENSURER A: .:P+.. [~~ ~, . . 1F35U[i1=R 8 CYraz .,L~Q~tipment Campa~iyy i i + ~~ INSURt:#~c _J ~ ' - :>ra z arst3 T i3~iRt3 gC1: r 318( R 33$' 4 lli itdSURER i~ , : - #igtb7Ck T, 1 , - We ... .:. : ..- _ : . , . COVERAGES ... ,. - .,. _. -, .. . ' ' ''~ : :: 7NE POLICIES OF rPi9C11tANCELiS7Ep13ELQW~F~AVEAE~filS81iEi3TtrFWE tN5UR>=O NA6~U ABO~rE-FOR~iiE Pf)LIGY PEfiIQO tNOIDATED, 3dOTWIFHSTANtalNtd ~ ' - ~ ~ -~:~ANY~REQUIRlN7-TEiiK10JiEU1JpIFIDHfJF%dNYCC#NTItAC'FlT1tOTHERt7QGU1~1ENT1N1FFiRESPEC~T01NN1GH7Hi5GERTIFtCA7ERiAY~BEiSSUe04R ~ ~ _ - _ -; '. : . '.`iVWVPt:i#TAlFY7HIrMI5URATlCEAFFORDEUBYI'Hi:PC7l.IC1LSbE$CRIBEDNEfiE1N:755lfB,lECT7pALL~TFII=TERMS,F%CLUSiC}t~FSANhCONOrIiaNSOFSUCN ~ ` ~~..--. ~ ; -:. POLIGlES~11GGI~E=GATEL[Mi'ES,SHC>fNF#NTAY{iAVE,6~1V,itEt)17CE48Y.PAE6CLAIAi$-- ~' - -- _ _ - . . ~ ~ - L4R NSR - ..- TYPE CiFlNSURANGE _ _ - - ' hBLiCY~NF11J16ER ~: GATE H1RVA6 DATt MMIL]D ._.:.. - .: ; ~ . LlrrSl3'S - - - . • - . .. .,. . .,. GENERAL ll14B&,lTY ~~ - :~_: - -~.-.-.i ., ,'-, ..-, , - ,'' `. ~ - _-. ~:: ~ _ _ EACH OC4URftENCE:....., S. . ~ , , '.. `. COMt~I~CIALGENEMLLIABN.ffY PfiEf~ISES Eaoccurence -~ 5 :_ .. ~_ ~. - '~ CLA1FdSAlAPR~-~~OQCUR '.~~ _ _ ~. - - ~iiiEbEXP(AsryonePerBOq}.:; S..- ~_~_`- PERSONA~ & AOV INJURY:', 5 , ,; , ;' ,,, ~ r . . - .. - ' ~.:.:.- ~ ., ~~ GENERAE: AGE3E3f:GATE „'~:'- ~.. ~ $ - "GEf't'!`pCa+;R~ATf=L7iAITAPPLIESPER - ;' .::, , ., PRGDUC:TS'=Cf5AiF10PAGG 5 :. - - : - ~. '~~'~' : C . - PRO -; - , ' . ,_': POLICY :'~. -- ~dEGT.i LOC. ~.' Al1Tfl1~(OS1Lfll.1AB1LITY-.~ . Ct?MiitFlEP S!?lGLE LF}rllT $ - ,. -:: AtiY-Atli'O (Ea auldem) .: - ' ... AL4 byfINER AUT05 . - _ " :~ _ _ ~: 17FiiLYfNJUR1F _ . - ~,': .~i 'SCHEdUCEDAUTOS:" .:'. WiRtiC1AU705~ -' - Bt7UlLY>A1JUR1f S NON-0iNREi7AUTC15 (Persctldanli - - PFtOPER'rY @RFMGE - - ..., ~ ,. -:: '4AllRCiEEU461i.1t'Y-,..;. -.__.... .. :..:~~~::~.. .::I:,,.;.:...~:.: , : - .,_,-.,~.::,~;'~:~. - ~ 'AEfI't3QNLY'-PA'AGGIDENF-, 5,:- . .: _ [ ' .' ANYAf1T0 .- ..... : _ ., . .:. - ~EAIiI:C OTF[E1t 'l~IAN S ,. v -: : _ . _ AUTfI (1NLY ,.; AGG 5 ; ~. . - - - - - €IiCEGSli1Mi3RELi:At1A91uTY .. __: -.. _{: , - .: '.'.:' :: ; ~ ': EACH OCCUR{i~f:' ° ~ ~. ` § :: : ~- ~ .. ; . ,:. . . . _ o :, . . ::. BGCIiR ; CLAIMSMA#S ,. ~. - ; GGitEGAYE-:~ S .... - : . _. -. ~ :~ ' ... .. - - . - . ... ~ ~~' ~ ~ C - : - :•~ WORltER$COfdPENBATION _ ~:, _ ~ . . X TORYLIMII"S ' ~ ER - ~ ~~~ ~ - ~ A, AiiPk+MPkAYERd'a,IARILRY.~.' ArIYPROPfiIETORtP}1RTNER~X£CikTIV YlN .., ].OG'~~~~~ - .: O4JO~.f ~,O - ., ~ -. O+1<~03.{y.~ f:.LEACHACCI6ENT....:.-., ~ _ 5 ~r~fOOrOOO , ' :. " _ _-.. pFFICENIIYIEMBEktE7fCLUf?Eb?: . {MsndatoryinNH)..,-,- ~ .:, .- . ~ , . '. _ ., - :~: - ~ _- :. - - ~.G:pi3EASE-pAEtuE1~LgY - S 1~ U©by UDO„ ~ - ' _ I . _ - . ; ~_ ~' , IF yyees;d8sc~i6sundeF. - ~ ~.- ~'~- ~SPECIAtPROViStgNSbetOw - : - - - -E,L;DlSERRE'-POLICYi.ih15T - ~SI'~t4OO°r,flOQ i ~ ~` . .:.....: .:. , oTWER, .. .. , :. ~ f - . I DESCRIPTION OF OPERATIONS f LC#CATIRN61 VEHICLES 1 EXCLU910N3 ADt1EEi BX ENPgRt3RMENF 1SPECFAL PROYISIgNB ~ _ ': i . .:- G1=RTiFIGATE:FIq#.i]ER, ".:. . ' ~ ....., .... °:..,c CANC~CtA710N SHOUlO ANYOFTHE A90VE DESCtt18Eb pOL1C(ES Btr CA#lCELI.Eb.9EFQRETHe; EXPIRAFiQIV ' - - ~ PAT`fTWERE0F;7F{Ei89ttIN61NSl3RE[i16'€L4'EN17r3AVtl#t'C4k~pIL ~,i)- ~~-~ k3A$SSVRITT ' - ... ;., - ~ ~ -' - '- - -~ - - - ~ ~ ~ - ~ ~ - ~ ~ ~ ~ . ~ ~ ~ ~ - .. ' '' ~ N'0't1Cf: TO THE. C~R'r~IP[G~AtE HOLOR[i'ttAhtEp TO TItE LEFT; BU7 FA1L11RE TO DOS'd~SHALt ifi1pOSE r1U 08LIGATIt7N QR LfA0tCi7Y OF ANy itlr#d IIPBN TFIE INSURER, IT'S ACrENT& UR I2~8LTItfSb ~ :3 COPY . RePRF.SEN1`ATWES„ , Al17ftORllktt Rfi?RE9EN[AT [ ACORD 25 (2D0910'1} -.: -:; @'1988~20Q8 ORD CI3R ORATION. Ali rlgh#G retarved ' i. : TNeAGORD'reamsand logo tire r~giffikel~ed riearka.aEAC44iD CANAL a L.S. 84~ 0 Y -ey w-. 0 r a I 'o V N O z a~ o F- o ~ rn a r u. I s CITY of DELRAY BEACH LIFT STATION 84C DA~:D4/29/2010 ~ EMIIFt~VAAENT,4L SERVICES pEPARTMENT EXHI BI T A f7LENAME 494 8C%l1H BWNfON AIfB~IE, DELRAY BEACH, A OEiDA 98444 2010-068 Gi A T L A N 3 1 C A V E N U E CANAL L-30 WAY SAi1N ~qg COURT a ~ RRivE ~ 0 L.S.90A 4 y 0. TREE RR~VE a n ~ aoP~ Y U K ~ ~ m U O C 0 .x 733 R SO p ~ Q v ~ O O ~ 0_ a n cV N C? O [V of N a O .s ~ O v .~ Q G ~Aa ,y~O ~ O ~+e P ~ COUNTRY MANORS ROAD rn v Q~ ~ O G8lR0 O CARRfNAL U ~ ~ ~ ~ ~ O LANE Q U L A K E ~~ a ~o ~y sAaAL MAGNOt1A GR. _ i ni~RFi wnnn CANAL L-31 N.w. 7OTH sT. ~"_ M.7A1 Liz ~ OT s~ I D A R O A D .W. B7H C . Y ~ U ~ 4 ~ ~ ~' a Q z C7 4/ PLACE V N Y CITY of DELRAY BEACH t_i FT sTATI oN soA UA~E o4/29/2010 ENVIRONMENTAL.. SERVICES DEPARTMENT EXHf BI T B ~`~""~'~ 484190VI1i BYMNTOH A7iB4~, OELRAY 9EAd{ FLAHDA 34444 2010-068 ^AC~: KOKOIAO m 0 x N ~e ~ ~ O b ""~ Y I .O I I ~, 0 al [V 0 N ~i CY a a c O ~' O U d O +~+ C7 D ST. LAKE AVENUE N. N.E 741FI ST. (LAKE AYE.) i ' `~~ z° 3 ~' %~~ ~ f ~ 1 yy~~{ { S~ ~~ii ~.s.1os f~ ! t 1 uuu ~' <~ r f 3 f GEORGE ST. nn } Q it1 F- ~f Q Q 0 v Q z CITY Of DELRAY BEACH LIFT STATION 108 ~A~:o4/zs/so~o ENVIRONMENTAL SERVICES ©EPAF[TMENT EXFII BI T R FILENAME 484 BOUIH BWMiDH AV9~IUE, E]E~JiAY BEAg1,1~.OF1oA 83444 2010-OSB ci i Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM S.S.3 -REGULAR COMMISSION MEETING OF MAY_ 11, 2{31(1 PURCHASE AWARD/EMERGENCY VEHICLE SUPPLY ITEM BEFORE COMMISSION The Police Department requests approval to purchase equipment from Emergency Vehicle Supply in the amount of $b2,581.32 to equip newly purchased Police Vehicles {quote attached). BACKGROUND Emergency Vehicle Supply {EVS) has been selected as the Department's vendor for work on police vehicles. This selection was made based on a variety of factors including: quality of work, price, and speedlefficiency of service. Prior to this shift, multiple vendors worked on the vehicles. Due to the volume and complexity of equipment, a variety of issues arose, including blame shifting between vendors. Consolidating the work with one vendor eliminated that problem, reduced equipment costs, and reduced staffing costs required to transport each vehicle to multiple locations, as well as reducing down time far vehicles. FUNDING SOURCE Grant funding in the amount of $61,604.01 will come from the JAG Recovery grant: I01-2136-521- 64.20, project JAG REC. The remaining $977.31 will come from 001-2115-521-52.27. RECOMMENDATION The Police Department recommends approval. http://miweb001/Agendas/Bluesheet.aspx?IteinID-3293&MeetingID-257 5/7/2010 EMERGENCY VEHICLE SUPPLY 4561 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954-428-5201 ~ Fax 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: JIM FINLEY DELRAY BEACH, FL 33444 Quote Number: Quote Date: Page: Quotation 8611 Apr 30, 2010 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 5/30/10 Net30Days Quantity Item Description Unit Price Extension 6.00 LGD45H-00110 FSC 45" LEGEND LIGHTBAR RED 8,785.22 52,711.32 DRIVER/BLUE PASSENGER W/LED TDS (POS 3/6} & LED ALLEYS ON HOTFOOT. 2 AMBER MODULES IN POS 11 / 14 (CLEAR DOMESI 6.00 FIIG-CV92 HOOK KTT, 06/10 FORD CROWN VICTORIA 6.00 SS2000SM-SD FSC SMART SIREN W / SML CNTRL b.00 RMK REMOTE MICROPHONE CABLE 6.00 MNCT-SB FSC MICROPHONE 6.00 750501 FSC AS124 SPEAKER b.00 750501-00 FSC AS124 BRACKET FORD CROWN VIC Ob/10 b.00 501940-636364b4 FSC MINI-ILS B/B R/R 6.00 689000 FSC RUMBLER, LOW FREQUENCY AMPLIFIER, TIMER, SPEAKERS AND BRACKETS 6.00 EVS-31108-1 EVS CUSTOM SWING BRACKET FOR SS2000 SERIES 6.00 SYS2133A EVS 90W STROBE KIT 2-15 /30 CABLES (4 CLEAR BULBS) 12.00 EZHIDEC STROBE TUBE 6.00 656101-Ob FSC HEADLIGHT FLASHER Ob/1DCV 12.00 EP2DSSDB(~ SOUND OFF PREDATOR II, RED/BLUE SIDE BY SIDE SURFACE MOUNT W / BLACK BEZEL (GRILLE LIGHTS) 6.00 EP2DSSDB(E) SOUND OFF PREDATOR II, Subtotal Continued Sales Tax Continued Total Continued E~ERGEHCY VEHICLE SUPPLY 4&61 JOHNSON ROAD -SUITE 1 COCONUT CREEK, FL 33073 Tel. 954-428-5201 '~ Fax 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: JIM FINLEY DELRAY BEACH, FL 33444 Quofatron Quote Number: 8611 Quote Date: Apr 30, 2010 Page: 2 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 5/30/10 Net 30 Days Quantity Item Description Unit Price Extension BLUE/WHITE SIDE BY SIDE SURFACE MOUNT W/ BLACK BEZEL (DRIVER SIDE W/WHITE UP) 6.00 EP2DSSDB(D) SOUND OFF PREDATOR II, RED /WHITE SIDE BY SIDE SURFACE MOUNT W/ BLACK BEZEL (PASS. SIDE W/WHITE UP) 6.00 POWER TAMER VS COPELAND POWER TAMER VS 6.00 IGNITION ON/OFF HEAVY DUTY SWITCH MOUNTED LEFT OF DASH TRUNK RELEASE 6.00 FUSE BLOCK 6 FUSE BLOCK 6 TERMINAL W/ GRND 6.00 CB30-100 Il' 100 AMP POWER BREAKER 6.00 ECVDMLTACV RED/CLEAR LED DOME LIGHT 6.00 CA-0102 D&R 12VOLT TRIPLE OUTLET PLUG 6.00 FLMNT-29 29" FLOOR PLATE FORCV 6.00 LGFCV-03-06 LEG KIT FOR CV Ol3'-06' 6.00 LT5200 D&R ELECTRONICS LAPTOP MOUNT 6.00 DS-PAN10I HAVIS CF30 PANASONIC DOCKING STATION 6.00 LPS-101 HAVIS/LIND POWER INVERTER FOR CF30 6.00 425-6039 ARM REST WITH STORAGE COMPARTMENT W /LOCK (INSERT PADDING) 6.00 MISCELLANEOUS LARGE CUP HOLDERS 6.00 MISCELLANEOUS OFFICE MAX PAPER CLIl' HOLDER Subtotal Continued '' Sales Tax Continued Total Continued ~i FIYIERGENCY YENICLE SUPPLY 4b61 JOHNSON ROAD -SUITE 1 COCONUT CREEK, FL 33073 Tel. 954-428-5201 * Fax 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: ]IM FINLEY DELRAY BEACH, FL 33444 Quote Number: Quote Date: Page: Quotation 8611 Apr 30, 2010 3 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 5/30/10 Net 30 Days Quantity Item Description Unit Price Extension & LITERATURE RACK (63002RT) 6.00 M250 CN6000 E-SEEK DL MAGSTRIl'E/2D BAR CODE READER 6.00 MISCELLANEOUS USB CABLE 15FT WITH RIGHT ANGLE PLUG FOR PRINTER 6.00 CUSTOM CUSTOM METAL PLATE TO MOUNT E-SEEK & PORTAGRTP 2000 TOGETHER 6.00 CUSTOM CUSTOM METAL EXTENSION FOR MICROPHONE 6.00 DOOR PANELS CRUISER DOOR PANELS 6.00 CS1191 AEDEC PRISONER SEAT CV 99-09' 6.00 GRAPHICS EVS CUSTOM GRAPHICS 6.00 VIPER350HV VIPER 350HV CAR ALARM + 1 EXTRA KEY FOB 6.00 RLN4884B MOTOROLA TRAVEL CHARGER 6.00 WINDOW TINT CUSTOM WINDOW TII~T 6.00 PORTA GRIP 2000 PORTA GRIP 2000 (P/N 702) AND PANAVISE BRACKET (P/N 75125-1951 6.00 205537 PENTAX POCKETTET3 PLUS PRINTER 300DPI ENGINE ONLY 6.00 MISCELLANEOUS CUSTOM METAL EXTENSION FOR MICROPHONE 6.00 MISCELLANEOUS (DBPD) PLASTIC PRINTER SHELF FOR NEW PENTAX PT3 PRINTER 6.00 8060 PELICAN 8060 LED FLASH LIGHT 6.00 10SL SETINA 10S LEXAN CAGE WITH Subtotal Continued Sales Tax Continued Total Continued ~~ I! 'I~~ 6~~~ Quote Number: EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD -SUITE 1 Quote Date: COCONUT CREEK, FL 33073 Page: TeI. 954-428-5202 * .Fax 954-42&-520.2 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: JIM FINLEY DELRAY BEACH, FL 33444 Quotation 8611 Apr 30, 2070 4 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 5/30/10 Net 30 Days Quantify Item Description Unit Pride Extension SLIDING WINDOW 6.00 LEP SETINA LOWER EXTENSION PANEL 6.00 5038 GO RHINO PUSH BUMPER 03/7.0 FORD CROWN VIC 6.00 SC-934-5-A SANTA CRUZ UNIVERSAL GUN RACK/LOCK 6.00 INSTALLATION EVS CUSTOM INSTALLATION 1,645.00 9,870.00 !INCLUDES NEW DOCKING STATION AND GUN LOCK) Subtotal 62,581.32 ~ Sales Tax Tofa1 62,581.32 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager DATE: May S, 2010 SUBJECT: AGENDA ITEM 8.5.4 _ REGULAR COMMISSION MEETING OF MAY 11, 20]0 PURCHASE AWARD/I'ARMER & IRWIN CORPORATION ITEM BEFORE COMMISSION City Commission is xequested to approve the purchase and installation of a 50 ton replacement Carrier rooftop A/C unit for the Police Headquarters from Farmer & Irwin Corporation, for $59,995.00 per quote submitted 51512010. BACKGROUND T1-e current Carrier rooftop unit is thirteen (13) years old and is not performing to standards. The frequency of repair and replacement of failed components and labor has exceeded the over-all value of the unit. Proposals: Farmer & Irwin Co oration $ 59,995.00 sland Air Conditionin $ 63,384.00 Atlantic Refri eration Co oration $ 65,358A0 ConServ Buildin Services, Inc. $ 75,732.00 FUNDING SOURCE Funding is available from 334-2111-521-64.90. RECOMMENDATION Public Works recommend the purchase and installation of one Carrier 50 ton rooftop a/c unit for the City of Delray Police Department per proposal dated 5/5/2010 in, the amount of $59,995.00 from Farmer & Irwin Corporation. httpa/miweb001/AgendasBluesheet.aspx?ItennID-3295&MeetingID-257 5/7/2010 CONTRACT PRE)PaSA~ AGREEMENT Farmer ~ !twin Corporation Air Conditioning, Plumbing, & Fire Sprinkler 3300 Avenue K, Riviera Beach, Florida 33404 Phone (561) 842-x316 Fax (561) 8452280 ted To: Name: City of beirav Beach Address: 100 NW 1~ Ave. Delrav Beach. l=L 33A44 Location: Delra~Beach Police Station 300 W. Atlantic Ave. ©ate Submitted: 5/5f2010 We agree to supply labor and. materiai to perform replacement of existing Carrier rooftop AC unit with new work per your request for the stipulated surn of $595.D0 W e propose to furnish the following items of e~uipmemi and material when specificati©ns rig not state the type to be furnished, Inclusions; 1. 2. 3. 4. 5. Drain to existing roof drain, 6. Grane serrrice. 7. Permit fees. 8. Work fo be performed on a weekend. Exclusions: 1. Painting if reauired_ 2. _. 3. This proposal represents our interpretation of your requirements for this project. The offering of this proposal does not obligate or guarantee that i-armer 8~ Irwin Carporatian will enter into a contract. This document becomes a contract when properly executed by bath parties. This quote wi#I be valid for 80 days from submittal date. Rayment due upon signing of contract: Payment due upon camptetion: Farmer ~ Irwin Corp. Gustomer ]initi.ak Representative Initial: Page 1 of 2 FARMER & ][RVPIN CORP. - CON')E'RAC~' PROPOSAL AGREEMENT ARTICLE l: THE CONTRACT 1?OCIJMEi~ETs The contract document consists ofthis agreement and construction plans and represents the entire agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2: T11E SCOPE OF TI-iE WORK The Contractor shall fully execute the work as described on page 1 of this agreement, except to the extent specifically indicated as Excluded or the responsibility of others. The Customer sha1E provide access to the job daring normal working hours andlor as specified on page one of this agreement and shad not obstruct, hinder or cause delay in Contractor's performance of the work Unless as otherwise specified in this proposal, the Customer is responsible for obtaining and far all charges for plans, pernrits or fees requires to perform the work. ARTICLE 3: CIiANGES IA1 TI-IB WORK This contract represents the work to be performed as specifically listed in this proposal only. Na assumption should be made as to the inclusion of any additional work. Customer agrees to pay to Contractoy reasonable charges far any additional work requested either orally or in writing. ARTICLE 4: DATE OF COMMENIGEMENT AND SLIBSrANTIAL COMPLETION The date of Commencement shall be the date of this agreement or as otherwise specifically listed on the agreement. 'Fire work shall be completed within a reasonable amount of time as determined by the specific requirements of perFonning the carrtract work If the work is stopped for any m.,ason,100°l0 ofthe value of the worked completed to date will immediately become due and payable to Me Contractor from the Customer_ ARTICLE 5: PAYMENTS Paytnents are due as specified on page one of this ageement. Customer agrees to pay interest at the maximum rate allowed by law in the State of I:lorida nn any amounts that are Bast due 30 days or more. Customer further ogees to pay reasonable attorney's ar collection agency fees and court casts in addition to the amount remaining unpaid and interest thereon ire the event Contractor employs the services of an attorney or collection agency to collect all or part of the monies due or to enforce its rights under this contract whether salt is instituted or not. Contractor retains a security interest in the ownership of all materials listed on page one of ibis proposal until they are inlly paid for by Customer. ARTICLE 5: CANCELLATION If Customer cancels this contract, eaneellaiio~n is effective only when received in writing at the offices of the Contractoz as listed in this agreement. Customer agrees that in addition to any remedies provided herein, they will pay to Farmer 8c Irwin for all work performed to date plus twenty five percent (25%) oftbe uncompleted contract amount as liquidated damages, which Customer ogees is n.asonable and not a penalty. Contractor may cancel this contract and be entitled to payment for the percent of work completed ifUre balance of this earEtraet is not concluded at no fault of the Contracstar, witirin ninety (94) days of the Commencement Date. ARTICLE 7: WARRANTIES All work is to be completed by qualified persoanel in a workmanlike manner according to standard industry practices. Any and all manufactur+er's warranties will be passed on to the Customer. Contractor warrants to the Customer that the materials aced equipment famished wlll be good quality, fi~ee iiom defects and like now condiEion rmless otherwise specified. Contractor shelf replace or repair any installed defective materials at its own cost for a period of ninety (9t)) days following substantial camgletian of the work. On any matter involving this work, Contractor shalt oat be responsible fax any Incidental or Consequential I)amagts or for any loss of use or loss of profits. ARTICLE 8: 1NSURAIdCE At all times during the performance oftbe work of this contract, Contractor shall maintain rho following insurance policies and provide a certificate of insurance listing the same to the Customer when requested: 8.1 Worker's Compensation: Statutory, including Employer's Liability with limits of $500,000 each accident, $500,000 disease policy limit and $300,000 disease each employee. 8.2 Comprehensive Geiaeral Liability. Coverage shall include: Premises-Operations. ProducLslCompleted Operations, Contractual Broad Form Property Barrage (including completed operations and Independent Contractors. Bodily Injury, Property I3amage and Personal Injury Combined Single Limit shall beat least $1,000,000 Each Occurrence and $2,000,000 Aggregate. ARTICLE 9: MISCELLANEOUS PROVISIONS 9.1 Hidden Obstacles: The Customex will identafy and make known to Contractor any unseen obstacles io the strcee55ful performance of the work under tlris contract If any such conditions are de~ttniaed to exist chat Contractor was not made aware of prior to execution of thus contract, they may result in additional charges to the Customer if such conditions prohibit; delay or cease an additional workload in order to complete the work. 9.2 Hazardous Conditions or Materials: Customer is responsible to notify Gontraetor of any hazardous working conditions or materials at the job location, in writing, prior to the start of the work, including but oat Iirnited to asbestos exposure, vermin, lead paint, fungi, mold ox other biological matter and any or all such hazards as identified by OSIiA at the time of the commencement of the work. Unless otherwise specified in this contract„ it is the Customer's responsibility to secure or remove any such hazardous conditions or materials prior to the start of the work. The Customer shall be responsible and indemnify the Contractor from any and all harm and financial damages resulting from the existence of such Iazardous Conditions or Materials. 9.3 Venue: Venue for any legal proceedings shall be the County in which the work was performed. Contractor at its sole discretion, for any claim arising out of this contract, or breach ttreneat; may have the matter referred io, or decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the Ameecan Arbitration Association. 9.+1 Enforceability: To the extent that any provision herein is held unenforceable or would render this coact void, it shall be severed and the remainder of fare contract enforced. FARMER & ~R1~U'TN CORP. (Coz>,tractor) DATE: 510512{l10 CUSTOMER: Sy: David L. Ethers General Service Manager Name: Representative: PItOIECI': City OfDelray Beach Police New 50 Ton AC Print Name & Title Page 2 0~ ~ ~6~} =~i; ~tl~ ~tr~~t ire€r~u L~~r~~i~, fi_ 33~~ i5~1) 27~-3~-SS ~ Fix: {~G~} 2~~3-tiS6fi Toil i=l~~~: SC~C;-~~ 5-~~~3~3 ~~~~; i~! ~t~cl~ire~n~iti~~ ir~l~.c~sm F~L SiatC Lira t~At;J:~a3~.;1 1Vlarcl7 ~~, 7~}}~ l:rolti: Steve l~ttt~d ~l~£1: Clay=tc~n Cllbert }•te: Estimate tc~ !-ep}ace root tap ttlG snit zt ille t.)ei!-ay 13eaela ~so}ic~ Station ~utl'rned Iit~ia~v is tsctr pt-t~pc~sal to repiace ol7e (i } SO tots r~ot'tc~p pair cE3t~clitis~ltin~ utrit io iacit,tde tl~le 9~o}ic~win~: 0 1 -Carrier ilnit n~ac}cl ~ ~{~A3~f~~0-~}-}.Gi i}wF d 1li~t~ c}~ieieney ~ l~it'~crc!•~ti:l1 Fntlttti~pv ~:E;ol~on~ircr s },-cttat~d }v1C1°1X coladerlscr, ~}1Cu L~~ipoF~tior Lnu{ elEactric l~ea~ optio~~ C3trtdt~t air dal7iper ~ l~nviranlnent~iiysc~ur3cl Pt~rt~n it-4113A !-efri~e!•tttrt Stainless stcei drain pa:~ ~ Ct!l~.i izd~zptar C:rt~tte l'til * Stall t!p 4~y i~~ctory authorix~d teci~niciAt~ Warral~ty 5 Year col pressor palls oniy u:art•anty tram Carrier i Yettr ct~lnp}etG ltnit parts at~ci labat• u~~rrKiniS~ i't-r~n~ Gat•rie!• £3tlaer ~ ti-7 ~~eek }eadli~aliid tin•!~ t~tt this t!l~it * i~cn~ot<<!} as~d instf~ilati€~n t~~ ire lone nn a tivec}cend_ Ccyst G3.33~.[.1{3 ~sitty three t}~nusanct t}trc4 }~lut~cirz:r} e'i~bhtY Farlr dalizrs~ ~rce:}~t.c~cl l~~tte ATI,ANT3.C REI:IT~.f~'>rRATION ~~_, herein referred to as .~TLANT~~, and I]elra Beach ci o , hereinafter referred to as CUSTC}MER, hercbp agrees that Atlantic will install air conclitiotzing equipment at tlic foIla~=ir,~ location; 300 'hest tltlru~tic Avenue,_l~elrav Beacii_ ~'~, 33483. 1- farrier 50,38-050-4~1. XEI~` 5(3ton rooftop paclcagecl air conditioning s~~st~n ~fvariable fregtxertey drive. 1 -Seacoast custa~rl roof adapter curb. ~T.c~.~..r;~..~.T~$7~~ ~)~;'~'1~~ ~.e~nove & dtspase of exlstl~~g packaged unit & existing raaf c>:trb tl~ai services tha ~nc# Moor of the building. ~tistall above specified equipment providing all t~ecessarit nzadi~ca-tians to ~e eleci:rical & dra.ixaage cortt~ectinns. Cline sezviee is it~cIuded ilx #his proposal. Unit t~+ill be schtrdulecl for u eeicend inst<til.latioi~ atzd is included in pricixlg. 1~ 5year col~~ipressor, lyear parts artd ivea.r Ialxsr ~varra covers this installation. "~`~~~ ~ C'~BI~I~t~~~ i. This agreasnont covers nnly the above-zncntianed aquipmeni 4m3 work. ,A~~y addiii.onal seark will ba the respns,sihility o€tlx. customer. 2. fa 5E1°!o pttymeni is ra~rirod at the time or 9eveplanCe ofthe a~ecmani; tha retraining betlrtttcc is dna npnn cantplctiort. l.gta payttzents sh,:ll bear iiuerest at tltc mte of ] -1 Pl°/a per ntontit. 3. It is ngrcml that all 0~ the tnatcria3 provided ttndex ihix agreemani shall be and ramuin personal property, and tltatil3e to iY is hereby retained by Aila~ic and shall not pass2o tlta cuSfoRlar until i}ec fill] agracment price Ilse been paid. Itt u~sa of defatrlt 5y the cu~totnsr, all casts ofoollection, w}teilter shit t?u hrrnigltt or not, shall be paid b3' oustonaer. Atluniic steal l nil be liable 1'or nny dat:ty loss or clanmga caused by acf.§ of God, strit£es, accic€ents, or attp other mason beyond its contra3. ~greentettt is cakid lur 30 days_ Atlantic Aatltorized ~.epxeset'it~ltitTe 2/1flll it Tf3T~.~. ~'N~V~STI~IeI'I' X65,35$.00 Cr€statner Atttlit~ri~d Sigtv~l~tl~ t~¢lersf}ate $.~a$r'cnar~4inn ~''saa«xuntrafranx~+ A f3CH Ntiechanicat knC. Affifdte Pr~~e~tee~ '~"c~: ~~~ ~~ ~1~~r~~ ~e~~~ Pr`~ject. Pc~Cice €~epf . AC1dreSS: 3$}0 ~e~ Atlart$i~ A~ef~ue City: Delray ~eac1~7 ~Ic~ri~a Attn: Ciaytar~ 6'a~~bert 635~r 1'f $~' Rve N. Lergo, Ffarfda X3778 FAX (727} 594-'t5'24, t3ispateh (8Dfl) 940-8244 CSate: tl~arch 23rd. 2~1t~ Pr sal ~. A02 209M Sd REV St~~aject: Pr~pa~~at r~plaaern~stt c~~ (~~ Carrier ~41t~del ~, .~D~.i®€~~4~-~~AE?iPA, aerrl.ai 6~~~~7'S69. ~,c~e: 92 yr S~€~i~e a~f.l~ft~c: ~9 Rerrra~ve ('I~ nlQ ~R tort Caa~rier I'~acka€~e ar~d dispose o$ auuay frs~rr;i pr+:rl3es"i}f per ~l'A gar;isielirtes ® Ft~rrtish and install (1) 5i~ fort Carrier I~l~lh eftfGiency relalaceraertt Packa~o t~cai'~w~lt eiectrie heat (SEi='~t7-T'~C1,1.~® tf1`JT7"SC~~iVki'i<T~LA~d~F} e ~'t8f7A1~i5H CAR~F'F2 F~iC~'C.7aRY~T,i~RT~i~f~ j4tV~ ~ ~~R ~~®R lJit'L~RI~i~T"Y" Ftrrnlsh and Install {~) Curb Ac~a~'tor ® PtsrraisY; and Install Flurr9carte ~eea~rit~r Furraisl~ anri install i»leetr''scal Stappties Furnisl3 and Install F'#eambing suppliies >for +stsr~dertsate clrairf b Provide end-Coat[ Cal+~ulatiarrs per local code I'ravide crane, rigging, storage and harrdiing services Canneat unit to existing control s}~st6rn Provide (~; yeatrrwar`rasaty, pares ~ lobar ~ five year rnarrssfactur~r warranty ort corr~pressar(s) F~rovide Pern~ittrng g Pertort~n start up and system check f~uai"~cafionsf Ciari~eataons ® 3~i1 Ena'talEatlr~re tfuor3r t~+lll be perl'are~etl A~~i~ narrntal wa~rlcing ihours, ~ate~rday-~us~tlay units will use existing Srrroke detectors and 'Fre protection m t]nits will use existing power and electrical connections a Ail painting and or patching will be dcn>? by others Engineering and design riot part at this proposal if regr~ired. ® Asbestos abatement by others a ConServ not responsible far unforeseen circumstanc.~:s beyond CanServ's control m f=acility can l~ u~itii-otrt sufficient cooling mratfgh~atrt durat'tan of Job ~!~'~~Il ~~~~ ~~~~oovo...e.ew.w. nv..ve~e iig~~~~~ This Fror~ossf Witt be hanor®Q for 3(3 ct~Vs Submitted by Custn~r Aaca~tance ConServ Bufidincl.Servtc~s ~_ Cltu vP beEray B_ each dame: Mike Needham blame _ _-- Titke: Sales ~iana~er ~'itie Pronosai #Afl24209IvfJklfRlMV _____ sicsnat~are or P.O. 53g1~~9;~fte:~~~~"t?afe: -- Sfiatu ~r4e Service Air Cornditioning, Refrigeration, Electrical 8 Alumbing Smith, I3cau 'las From: Nadal, Patsy Seat: Wednesday, May 45, 241411:2'1 AM To. 5mi#h, Douglas Subject: l=1iV: Pb 54 Tor: AC Replaeemertf From: Gilbert, Clayton Sent: Wednesday, May 4.5, 241Q 11:15 AM To: Nadal, Patsy Cc: Schmitz, James Subject: F-lfl: PR 54 Ton AC Replacement E3uild"in,g Maintenance recornrnends replacing the 5fJ ton air conditioner nn the Police Qepartment building roof top_ The existing unit is 12-13 years old; unit has-had repeated failures and is coming to the end of its anticipated life expectancy; the coils are carroding and the unit is nat operating efficiently. This unit serves the 2"~ tiaor of the Police Department .and is considered critical. The older unit.ean be replaced with a more energy-efficiency one, in keeping with bath the city's "gree.n" and financial goals. From: L'i-ferrou, Sharon Sennt: Wednesday, May D5, 2014 x:34 AM 1"0: Gilbert, C#ayton Subject: R~: PD 5D Tc~n AC Replacement SIP: acct # 334-21.11-521-64.911 Shcufcrw L `~E~r,~crw ~Ic~r't~i~v~.+.~~° ixt"vVe. Q ffzc.P1t~ 'De.L~wy t3~r~.cY~~rx~ t'~?~~ ~'~-€: (561} ?'F3 -7852 3=aw.' (561 ?~-.~ -7816 From: Gilbert, Clayton Sent:lNednesday, May 45, 2414 9:11 AM To: L`Nerrau, 5#~aron Subject: PD 50 Ton AC Replacement What accc~urlt code do you avant to use for the replacement. of the 50 ton AC on the PD roof? a Page 1 of 2 MEMORANDUM- TO: Mayor axid City Camnraissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: Apri19; 2010 SUBJECT: AGENDA ITEM 8 S 5 -REGULAR COMMISSION MEETING OF MAY 11 2010 BID AWARD/IlHIPERIAL ELECTRIC, INC. ITEM BEFORE COMMISSION Approve an award to Imperial Electrical Inc. in the amount of $312,510.00 for performing Sports Lighting Upgrades at Pompey Park as part of the City's Energy Eff ciency and Conservation Block Grant (EECBG) Project. BACKGRO~JND The City received a total $638,500 as a formula grant from the Department of Energy (DOE) under the EECBG program (award #DE-SC0002536). The grant was far four activities; Development of a Energy Efficiency and Conservation Strategy (Sustainability Offcer), Energy Efficiency Retrofits {Building Retrofits}, Lighting (Sports Lighting), and Onsite Renewable Energy (Solar Project at Fire Station #1). This award is related to the Lighting activity, specifically Sports Lighting Upgrades at Pompey Park. The scope of work consists of upgrading lighting fixtures with energy efficient f xtures at three (3) baseball fields, two {2) basketball courts, and two (2) tennis courts. The City secured the services of Thompson-Youngross Engineering Consultants (TYEC) to design and prepare contact specifications for the lighting improvements. The consultant estimated the project at $254,000 which exceeded the initial grant request and allocation of $200,000. Therefore, the hid was structured with lighting upgrades to the three ball fields and two basketball courts as the Base bid, with the two tennis courts as an add-alternate bid. In addition, the use the ball fields dictated the project's schedule, available for construction activities from late May to end of July. The project was publically advertised late in February, with the bid aperung March 25, 2010. The City received four bids, in order of Base bid/Add-Alternate; Imperial Electrical Inc. ($254,510 Base bid/ $58,000 Add-Alternate), Davco Electrical Contractors, Inc. ($257,5991$65,949), M. Gay Constructors, Inc. ($257,9101$62,000), and Electrical Contracting Services, Inc. {$268,418/$68,000}. In funding this project, staff requested Department of Energy (DOE) approval to reallocate funds from http:/Imiweb001/AgendasBluesheet.aspx?ItemID=3225&MeetinglD=2S7 5/7/2010 Page 2 of 2 other grant activities within this award. Specifically, deleting the Solar Project activity with its residual allocation of $67,534 and transferring it to the Sports Lighting project, as well as transferring an additional amount of $45,520 from the Building Retrofts activity. An evaluation of the Solar Project by our engineering consultant revealed that the specif ed grant allocation was insufficient to fund the intended project. In addition, the Building Retrofits can still be performed with the remaining allocation amount of $1$9,730. The DOE has approved the request for reallocation of funds. The approved amendment is attached. Staff recommends awarding the Base Bid plus the Add-Alternate in the total amount of $312,510 to Imperial Electrical Inc. as well as the garnt modifications to the EECBG grant award as accepted by the DOE. FUNDING SOURCE Funding is proposed from account 101-6352-519-46.94, ARRA Economic Stimulus Funds/ Energy Efficient Green Lights in the amount of $312,510. RECOMMENDATION Staff recommends awarding the Base Bid plus the Add_Alternate in the total amount of $312,510 to Imperial Electrical Inc. as well as the grant modifications to the EECBG grant award as accepted by the DOE. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3225&MeetinglD=257 5/7/2410 R !~}~~ Vi ^~ .../ .~ .~N L 0 ~V i a 0 ~`w V V W W {Q N O O N ~_ m O O 0 r O N Z `a v m E1.[ O - O O O O O O O d O ~ U ~ ~ ~ ~ ~. "'^. Q N ~ W ~ ~ ~ CYT U U V1 ~ (~ a ~ H _z w 0 o 0 0 o 0 O 0 ~ ~ U m ~ O Q O_ pj ~ RS ~- . U O ~ j ! f 1 ~ Q EH ~ ~ ~ . :wU _ Q. m N tj tip M O ~ I ~ IJ ~ . ' V O ~ , . _U... ' N ~ iu U A U ~ ~ -z U LI.1 o Q o p O O U °o °o O ~ o 0 rn o ~ ~ ~ ~ ~ ~ G ~ ~ M N ~ ~ O Cl ':~ c~ a ~ ~ rr V... L ~: ~ u ~ ~ o e o ~ ~ ~ ~ o ~ ~ j o ~ U ~ ~ ~ r o ~ ~ cn w z~ <v [1 a' ~ ~ Z' _ W' rn ~" o o Z ~ ~ ~ s C3~ ~ N i' t m Ul N ~ J- n i ~ ~ vi ~~ N c ° ~ o `~' ~ -° ~ .Srri ~ `~' ~ Q F r- c ~ O ~ ~ o~ (/J .0 N X~ ~ Q U i N~ ~... C~1 ~ ~~~~ k- ~ ` ° ~ ' ~ ~ ~ ` '~' ~'~ c m. a i ~ ca ~ ~ ~ vi Q ~ ~ al CI1 R L1. ~ f6 (0 N "p ' (A . ~ s ~ ~o a~,o a mm c~ ~ m~~°- _ ~ a~-~ m W`o a Q Q ;~ o Z ~ c.l c*i ~O V ~ 0 0 N d Q 0. J 0 D. L m a w a ~ o ~a ~ O O m N ELI ~ 3.L1 ~ a L _m a ~o q Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: Apri127, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 11, 2010 RATIFICATION OF C B A/PROFESSIONAL FIRE FIGHTERSIPARAMEDICS OF PALM BEACH COUNTY, LOCAL 292$, IAFF, INC. ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with the Professional Fire FighterslParamedics of Palm Beach County, Loca12928, IAFF, Inc. BACKGROUND The attached three-year labor agreement has been ratified by the Professional Fire Fighters/Paramedics of Palm Beach County, Loca12928, IAFF. This agreement is for the period of, October 1, 2008 through September 30, 2011, and provides major changes in the following areas: Wages Provides for Step movement and Merit Pay from October 1, 2008 and continues to the date of contract ratification. Step movement and Merit Pay are frozen for one full year after date of ratification. One year after the date of ratification, step movement and merit pay will resume and continue until September 30, 2011. Aftex September 30, 2011, step movement and merit pay will be frozen until there is a successor collective bargaining agreement. Reopeaer The City may reopen for negotiation Article 38 Pension Plan Matters and Article 48A-FR Retiree Insurance (VEBA} . The Union may reopen for negotiation Article 12-A-FR Overtime. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Professional Fire Fighters/Paramedics ofPalm Beach County, Local 2928, IAFF, Inc. httpa/miweb001/AgendasBluesheet.aspx?ItemID=3277&MeetingID=257 5/7/2010 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. October 1, 2008 through September 30, 2011 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 TABLE OF CONTENTS Page Article 1 Preamble 1 Article 2 Recognition 2 Article 3 Bargaining Unit 3 Article 4-A-FR Grievance Procedure 4 Article 4-B-OR Grievance Procedure 15 Article 5 Dues Check Off 26 Article 6 Discrimination 27 Article 7 Union Business 28 Article 8 Correspondence 30 Article 9 Bulletin Boards 31 Article 10-A-FR Hours of Work 32 Article 10-B-OR Hours of Work 35 Article 11-A-FR Recall 37 Article 11-B-OR Recall 40 Article 12-A-FR Overtime 42 Article 12-B-OR Overtime 44 Article 13-A-FR Salaries 45 Article 13-B-OR Salaries 50 Article 14 Working Out of Classification 53 Article 15 Vacation 54 Article 16 Holidays 58 Article 17 Sick Ifeave 60 Article 18 Bereavement S~eave 65 ii City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1892, IAFF Collective Bargaining Agreement October 1, 2pQ$ through September 30, 2011 Article 19 Health Insurance 67 Article 20 Seniority 69 Article 21 Posting of this Agreement 74 Article 22 Management Rights 75 Article 23 Strikes and Illegal Activity 79 Article 24 T7nconstitutionality Clause 81 Article 25-A-FR Duties of Employment 82 Article 25-B-OR Duties of Employment 83 Article 26-A-FR Promotions 84 Article 27 Probationary Period - New Employees 92 Article 28 Probationary Period - Promoted Employees 93 Article 29 Dismissal/Discipline 94 Article 30 Resignation 96 Article 31 Leaves of Absence With Pay 97 Article 32 Leaves of Absence Without Pay 99 Article 33 Absence Without Leave 100 Article 34 Outside Employment 101 Article 35 Solicitation of or by Employees During Working Hours 103 Article 36 Non-Applicability of Civil Service Act, Civil Service Rules and Regulations and Personnel Policies 105 Article 37 Damage to City Property 106 Article 38 Pension Plan Matters 108 Article 39 Annual Physicals 109 Article 40 Comprehensive Drug and Alcohol Abuse Policy and Procedures 113 iii City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Article 41 Maternity Leave 129 Article 42 Workers' Compensation 130 Article 43-A-FR Certification Incentive Pay 131 Article 43-B-OR Certification Incentive Pay 135 Article 44 Compensatory Time & Tuition Reimbursement 136 Article 45 Labor-Management Committee 137 Article 46 Disability Insurance 139 Article 47 Sick and Vacation Fay-Out Accruals 140 Article 48-A-FR Retiree Insurance 1.42 Article 49 Duration 144 Signature Page 145 ~v City of Delray Beach & Professional Fire Fighters & Faramedics, Local 1842, IAFF ColEective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 1 PREAMI3I+E This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as '"City," and the Professional Fire Fighters/ Paramedics of Palm Beach County, Local 2928, I.A.F.F.,Inc. hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit Employees, hereinafter referred to as "Employees," to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. Articles labeled FR refer to Fire Rescue employees only and Articles labeled OR refer to Ocean Rescue employees only. 1 City of Delray Beach & Professional Fire Fighters & Paramedics, Focal 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICi~E 2 RECOGNITION Section 1 The City recognizes that the Union is the Certified Bargaining Agent of the Employees for the purpose of representing the Employees for all matters relating to wages, hours and terms and conditions of employment. The Union may designate up to four (4) representatives, and shall notify the City Manager and the Department Head in writing of the identity of its designated representatives. The Union District Vice President may also designate a Union representative to represent an Employee in grievance proceedings, and shall notify the Department Head in advance of any such designation. An Employee shall have the option of proceeding individually or by a person of his or her own choosing; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 4 of this Agreement. 2 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, LAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 3 BARGAINING UNIT The Bargaining Unit represented by the Union shall be the Bargaining Unit for which the Union was certified by the City of Delray Beach Public Employee Relations Commission, April 19, 2001, under Gase # RC01-001, as amended from time to time. It is agreed that the bargaining unit shall include all Employees in the following positions: All full-time employees in the classifications of Fire Fighter, Paramedic, Driver Engineer, Lieutenant, Paramedic Lieutenant, Ocean Rescue Operations Supervisor, Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee and excludes all clerical and support personnel, Battalion Chiefs, Division Chiefs, Assistant or Deputy Chiefs, Fire Chief, and all other Employees of the City of Delray Beach. 3 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20l 1 ARTIC~,F 4-A-FR GRIEVANCE PROCEDURE Section 1 A grievance is defined as a dispute involving the interpretation or application of this collective bargaining agreement (Agreement). Recommendations of discipline shall be processed in accordance with and shall be merged into the grievance procedure. The time frame for an employee to file a grievance shall begin upon receiving first notice of the recommended discipline. If a timely initial grievance is not filed upon receiving notice of the recommended discipline, the employee shah. not be permitted to grieve the final recommendation of discipline and imposition of discipline unless a further recommendation or final imposition differs from the previously recommended discipline. For purposes of this Article, working days shall mean Monday through Friday inclusive, but excluding all City holidays (the exclusion to include any one-half day City holidays}. Section 2 Grievances shall be processed in accordance with the following procedure: Step 1: Tf an employee feels a grievance has occurred, the employee shall within ten (10) working days of the occurrence (or reasonable discovery thereof}, submit 4 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 a grievance in writing to his/her immediate non- bargaining unit supervisor. The written grievance .shall include the following: (1) A statement of the grievance, including date of occurrence, and details and facts upon which the grievance is based. (2) The article(s) and section(s) of the Agreement alleged to have been violated. (3) The action, remedy, or solution requested by the employee. The grievance sha11 be signed by the aggrieved employee. Provided, however, at the employee's request, a Union representative may represent the employee, in which case the Union representative may sign the grievance on behalf of the employee. The immediate Wort-bargaining supervisor shall submit his/her answer in writing within ten (10} working days after presentation of the grievance. Step 2: If the grievance has not been satisfactorily resolved in Step 1, the employee {or the Union representative on behalf of the employee) shall present the grievance to the Fire Chief, or his/her designee, within ten (10} working days from the day the response was due in Step 1. 5 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 The Fire Chief, or his/her designee, shall meet with the employee and/or the Union Representative within. ten {10) working days of receipt of the grievance. The Fire Chief or his/her designee shall respond in writing within ten (IO) working days from the day of the meeting. Step 3: Tf a grievance has not been satisfactorily resolved in Step 2, the employee {or the Union representative on behalf of the employee) shall present the grievance to the City Manager, or his/her designee, within ten (10) working days from the day the response was due in Step 2. The City Manager, or his/her designee, shall meet with the employee and/or the Union representative within ten {10) working days of receipt of the grievance. The City Manager, or his/her designee, shall respond in writing within ten (10) working days from the day of the meeting. A. Tf the grievance has not been satisfactorily resolved within the procedure set forth in Section 2, the Union (on behalf of the employee) may submit the grievance to arbitration by notifying the City Manager, or his/her designee, of its decision to arbitrate the grievance. Such notification shall be given within ten (TO) working 6 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 days from the day the response- was due from the City Manager or his/her designee at Step 3. B. Prior to arbitration and upon mutual agreement, the Union and the City may select a mediator and participate in mediation. Mediation must be requested within fifteen (15) calendar days from the day the City Manager's response in Step 3 was due. Tf mediation. does not resolve the matter, ar if the parties do not agree to mediate, the Union may proceed to arbitration. C. The City will then request the Federal Mediation and Conciliation Service (FMCS} to provide the parties with an arbitration panel. The parties shall select an arbitrator by alternate striking within fourteen (14) calendar days of receipt of the FMCS list of arbitrators. D. The arbitration hearing shall be held within thirty (30} days after the arbitrator has been selected, provided the arbitrator is available on a date acceptable to the parties. E. The arbitrator shall have jurisdiction and authority to decide the grievance, as defined in this Article. However, the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement the Agreement or any part thereof ar amendment thereto. 7 City of Delray Beach & Professional Fire Fighters & Paramedics, Local ] 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 F. The arbitrator may not issue declaratory or advisory opinions, and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. G. if either party elects to file a brief, the brief must be mailed to (postmarked) to the arbitrator no later than fifteen (15) calendar days after the close of the hearing or after receipt of the transcript if one is ordered, whichever is later. H. The arbitrator shall render his/her decision within thirty (30) days of receipt of the briefs or of the close of the hearing, whichever is later. T. The decision of the arbitrator shall be final and binding on all parties, subject to those challenges permitted by law. J. Each party shall bear the cost of its own witnesses and representatives. The parties shall bear equally the cost of the arbitrator. Any party requesting a copy of the transcript of the arbitration hearing shall bear the cost of it. A. The Union retains the exclusive right to request arbitration or withdraw a grievance (which it has filed or on which it is the representative) at any time. 8 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842; IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 B. The Union has the right, pursuant to Section 447.401, Florida Statutes, to not represent employees who are not members of the Union in any grievance. Tn that event, a non-member who wishes to pursue his/her own grievance may proceed in accordance with Section 947.401, Florida Statutes. However, the City will notify the Union and afford the Union the opportunity to be present at any grievance meetings or arbitration hearings. C. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the City, the Union may present such grievance directly at Step 2 of the grievance procedure (within the time limits provided for the submission of a grievance at Step l } . D. Any grievance not processed in accordance with the time limits provided in this Article shall be considered abandoned. Provided, however, the time limits set forth in this Article may be extended by joint agreement of the City and the Union (or of the employee if appropriate} which is confirmed in writing. The parties may mutually agree in writing to waive any time limits or provisions of the grievance procedure. 4 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2408 through September 30, 2011 A. The arbitration shall be conducted under the rules set forth in this Agreement, not under the rules of the FMCS. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the terms and conditions of the Agreement. In cases other than a discharge, demotion, or a suspension of more than seven (7) calendar days for non-shift Employees or more than two (2) shifts for shift Employees, the arbitrator shall not substitute his or her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any Employee by the City unless the City fails to demonstrate by a preponderance of the evidence that the disciplinary action was not arbitrary or capricious. In determining whether the City has demonstrated that the disciplinary action was not arbitrary or capricious the arbitrator's inquiry shall be strictly limited to the following issues: 1. Whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; 2. Whether the employee is guilty of the misconduct as charged; 10 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 3. Whether the City considered the nature and severity of the offense, the circumstances under which the offense was committed, the employee's past disciplinary and employment. record, the length of the employee's tenure with the City before imposing discipline, and if the discipline imposed is consistent with that imposed upon other employees who have committed the same or similar offense ender the same or similar circumstance; 4. Whether the discipline is within that range of punishment upon which reasonable persons can agree, notwithstanding that reasonable persons might disagree upon the specific punishment imposed under the given circumstances. If the arbitrator finds that the City has demonstrated that the disciplinary action was not arbitrary or capricious then the discipline imposed by the city shall be upheld. If the arbitrator finds that the City has failed to demonstrate that the disciplinary action was not arbitrary or capricious the arbitrator may determine the appropriate level of penalty. A. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. 11 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 B. T'he arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not a grievance as defined in this Article, ar which is not specifically covered by this Agreement. C. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. D. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. E. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine the decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and. the arbitrator shall confine consideration to the written statement or statements submitted. This clause, however, 12 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201.1 shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. F. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. In all steps of this grievance procedure, the Employee may seek the assistance of the agent or representatives of the Union and may request Union representation at any stage of the grievance procedure should the Employee so desire, provided that an Employee may not proceed to arbitration (Step 5} without the Union's agreement. All discharge grievances, and any other grievances mutually agreed upon for expedited ,processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the Union agree upon the following procedures for expedited cases. A. After an arbitrator has been selected, the arbitration hearing shall be held no later than ninety (90) calendar 13 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 days thereafter, unless the arbitrator is unavailable within this ninety (90} calendar day period. B. Briefs, if any, must be filed with the arbitrator no later than twenty (20) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. C. The parties shall request that the arbitrator .render an opinion within twenty (20) calendar days of receipt of the briefs. 14 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 4-B-OR GRIEVANCE PROCEDURE Section 1 A. A grievance is def interpretation or bargaining agreement discipline shall be shall be merged into fined as a dispute involving the application of this collective (Agreement). Recommendations of processed in accordance with and the grievance procedure. The time frame for an employee to file a grievance shall begin upon receiving first notice of the recommended discipline. Tf a timely initial grievance is not filed upon receiving notice of the recommended discipline, the employee shall not be permitted to grieve the final recommendation of discipline and imposition of discipline unless a further recommendation or final imposition differs from the previously recommended discipline. For purposes of this Article, working days shall mean Monday through Friday inclusive, but excluding all City holidays. B. Satisfactory, Excellent, and Exceptional Employee Performance Appraisal evaluation ratings may be grieved but not beyond Step 3 of this procedure. 15 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Section 2 Grievances shall be processed in accordance with the following procedure: Step 1: If an employee feels a grievance has occurred, the employee shall within ten (10) working days of the occurrence (or reasonable discovery thereof), submit a grievance in writing to his/her immediate non- bargaining unit supervisor. The written grievance shall include the following: (1) A statement of the grievance, including date of occurrence, and details and facts upon which the grievance is based. {2) The article(s) and section(s) of the Agreement alleged to have been violated. (3) The action, remedy, or solution requested by the employee. The grievance shall be signed by the aggrieved employee. Provided, however, at the employee's request, a Union representative may represent the employee, in which case the Union representative may sign the grievance on behalf of the employee. The immediate non-bargaining supervisor shall submit his/her answer in writing within ten (10) working days after presentation of the grievance. lb City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2D48 through Sep#ember 30, 2011 Step 2: If the grievance has not been satisfactorily resolved in Step 1, the employee (or the Union representative on behalf of the employee} shall present the grievance to the Department Head or his/her designee, within ten (10} working days from the day the response was due in Step 1. The Department Head, or his/her designee, shall meet with the employee and/or the Union Representative within ten (10} working days of receipt of the grievance. The Department Head or his/her designee shall respond in writing within ten (10) working days from the day of the meeting. Step 3: If a grievance has not been satisfactorily resolved in Step 2, the employee (or the Union representative on behalf of the employee) shall present the grievance to the City Manager, or his/her designee, within ten (10} working days from the day the response was due in Step 2. The City Manager, or his/her designee, shall meet with the employee and/or the Union representative within ten (10) working days of receipt of the grievance. The City Manager, or his/her designee, shall respond in writing within ten (10) working days from the day of the meeting. 17 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Section 3 A. If the grievance has not been satisfactorily resolved within the procedure set forth in Section 2, the Union (on behalf of the employee) may submit the grievance to arbitration by notifying the City Manager, or his/her designee, of its decision to arbitrate the grievance. Such notification shall be given within ten (l0} working days from the day the response was due from the City Manager or his/her designee at Step 3. B. Prior to arbitration and upon mutual agreement, the Union and the City may select a mediator and participate in mediation. Mediation must be requested within fifteen (15) calendar days from the day the City Manager's response in Step 3 was due. If mediation does not resolve the matter, or if the parties do not agree to mediate, the Union may proceed to arbitration. C. The City will then request the Federal Mediation and Conciliation Service {FMCS) to provide the parties with an arbitration panel. The parties shall select an arbitrator by alternate striking within fourteen (14) calendar days of receipt of the FMCS list of arbitrators. D. The arbitration hearing shall be held within thirty (30) days after the arbitrator has been selected, provided the 18 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 arbitrator is available on a date acceptable to the parties. F. The arbitrator shall have jurisdiction and authority to decide the grievance, as defined in this Article. However, the arbitrator shall have no authority to change, amend, add to, subtract from, ox otherwise alter ox supplement the Agreement or any part thereof or amendment thereto. F. The arbitrator may not issue declaratory or advisory opinions, and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. G. If either party elects to file a brief, the brief must be mailed (postmarked) to the arbitrator no later than fifteen (15) calendar days after the close of the hearing or after receipt of the transcript if one is ordered, whichever is later. H. The arbitrator shall render his/her decision within thirty (30) days of receipt of the briefs or of the close of the hearing, whichever is later. I. The decision of the arbitrator shall be final and binding on all parties, subject to those challenges permitted by law. 19 City of Delray Beach & Professional Fire Fighters & Paramedics, Local l 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201. I J. Each party shall bear the cost of its own witnesses and representatives. The parties shall bear equally the cost of the arbitrator. Any party requesting a copy of the transcript of the arbitration hearing shall bear the cost of it. A. The Union retains the exclusive right to request arbitration or withdraw a grievance (which it has filed or on which it is the representative) at any time. B. The Union has the right, pursuant to Section 447.401, Florida Statutes, to not represent employees who are not members of the Union in any grievance. In that event, a non-member who wishes to pursue his/her own grievance may proceed in accordance with Section 447.401, Florida Statutes. However, the City will notify the Union and afford the Union the opportunity to be present at any grievance meetings or arbitration hearings. C. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the City, the Union may present such grievance directly at Step 2 of the grievance procedure (within the time limits provided for the submission of a grievance at Step 1) - 20 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2(108 through September 30, 2011 B. Any grievance not processed in accordance with the time limits provided in this Article shall be considered abandoned. Provided, however, the time limits set forth in this Article may be extended by joint agreement of the City and the Union (or of the employee if appropriate) which is confirmed in writing. The parties may mutually agree in writing to waive any tame limits or provisions of the grievance procedure. A. The arbitration shall be conducted under the rules set forth in this Agreement, not under the rules of the FMCS. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the terms and conditions of the Agreement. In cases other than a discharge, demotion, ar a suspension of more than seven demonstrate by a preponderance of the evidence that the (7) calendar days for non-shift Employees or more than two (2) shifts for shift Employees, the arbitrator shall nit substitute has ar her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any Employee by the City unless the City fails to disciplinary action was not arbitrary or capricious. In determining whether the City has 21 City ofDeIray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 demonstrated that the disciplinary action was not arbitrary or capricious the arbitrator's inquiry shall be strictly limited to the following issues: 1, Whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; 2. Whether the employee is guilty of the misconduct as charged; 3. Whether the City considered the nature and severity of the offense, 'the circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City before imposing discipline, and if the discipline imposed is consistent with that imposed upon other employees who have committed the same or similar offense under the same or similar circumstance; 4. Whether the discipline is within that range of punishment upon which reasonable persons can agree, notwithstanding that reasonable persons might disagree upon the specific punishment imposed under the given circumstances. Tf the arbitrator finds that the City has demonstrated that the disciplinary action was not arbitrary or capricious then 22 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF. Collective Bargaining Agreement October 1, 2008 through September 30, 2011 the discipline imposed by the city shall be upheld. If the arbitrator finds that the City has failed to demonstrate that the disciplinary action was not arbitrary or capricious the arbitrator may determine the appropriate level of penalty. A. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not a grievance as defined in this Article, or which is not specifically covered by this Agreement. 5. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. C. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine the decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and the arbitrator shall confine consideration to the written statement or statements submitted. This clause, however, 23 City of Delray Beach & Professional Fire Fighters & Paramedics, Local l 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20l 1 shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. Sect~.on 6 In all steps of this grievance procedure, the Employee may seep the assistance of the agent or representatives of the Union and may request Union representation at any stage of the grievance procedure should the Employee so desire, provided that an Employee may not proceed to arbitration (Step 5) without the Union's agreement. All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the Union agree upon the following procedures for expedited cases. A. After an arbitrator has been selected, the arbitration hearing shall be held no later than ninety (90) calendar days thereafter, unless the arbitrator is unavailable within this ninety (90) calendar day period. B. Briefs, if any, must be filed with the arbitrator no later than twenty (20) calendar days after the close of 24 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 the hearing, or after receipt of the transcript, if a transcript is requested. C. The parties shall request that the arbitrator render an opinion within twenty (20} calendar days of receipt of the briefs. 25 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAF1" Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 5 DUES CHFCK OFF Upon the Union's notification to the City, Employees may make arrangements with the City for a payroll deduction of union dues and uniform assessments. Upon receiving a proper request from the Employee, the City will deduct such dues and uniform assessments from the subject Employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 26 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAF1? Collective Bargaining Agreement October 1, 2008 through September 30, 20l 1 ARTICLE 6 DISCRIMINATION All employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce public emplayees,in the exercise of any rights guaranteed them under Chapter 35 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 27 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1812, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201 I ARTICLE 7 UNION BUSYNESS Section 1 Employees who are Union officials or their designees may be permitted by the Department Head or his or her designee to swap shifts during the contract year to conduct Union business, provided a written request is submitted at least seventy-two (72) hours prior to the time-off period whenever possible, and provided such request is approved by the Department Head or his or her designee, such approval not to be unreasonably withheld. No additional overtime shall be paid to employees as a result of such swapping of shifts, notwithstanding the provisions as set forth in Article 12, OVERTIME, of this Contract. All such swapping of shifts must be completed within a six (6) month period of time unless extended with the approval of the Department Head. All such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such shift swapping. Only authorized Union officials or their designees may withdraw time from the Time Pool for the purpose of conducting Union business, provided the administrative procedures and forms are submitted to and approved by the City. All such time pooling 28 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2411 shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate Personal Holiday, Vacation Time and Compensatory Time to the Union Time Pool. Section 3 The City agrees to schedule negotiations, whenever possible, on weekdays when the Union negotiating team is off duty and on weekends when convenient for the City's negotiating team. 29 City afDeh•ay Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 8 CORRESPONDENCE Unless specific deadlines are otherwise provided for in other articles of this Contract, the administrative officials of the City shall attempt to answer any written correspondence in writing within a reasonable amount of time. The Union's address for receiving correspondence is: 2328 South Congress Avenue, Suite 2C, West Palm Beach, FZ 33405. The Union shall notify the City Manager, and Department Head in writing of any change of address. 30 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF CoLIective Bargaining Agreerrient October 1, 2008 through September 34, 2011 ARTICL)~ 9 BULLETIN BOARDS The Union may provide a serviceable bulletin board in each fire station and Ocean Rescue Headquarters meeting room for use by the Union in posting notices of Union business and activities. AlI materials posted must be signed by an officer of the Union, who shall be held responsible for the content of such materials. The bulletins, notices or materials posted shall contain nothing of a derogatory nature toward the City, its elected officials, its officers, employees, political candidates, or others. 31 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF . Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 10-A-FR HOURS OF WORK A. Non-Shift Personnel - The workweek for regular full-time non--shift employees shall be forty (40} hours. The number of hours per day and the number of days per week shall be five, eight hour days or four, ten hour days as determined by the Fire Chief. The normal workdays per week will exclude Saturday and Sunday unless mutually agreed upon. B. Shift Personnel - The normal workday for regular full-time shift employees shall be twenty-four (24) hours. The work week for regular full-time shift employees generally shall be of forty-eight (4$) hours duration and scheduled twenty-four (24) continuous hours on duty and forty-eight (48) continuous hours off duty, except in the event of an emergency or a change of shift. No employee shall work more than 4$ consecutive hours unless a State of Emergency is declared in accordance with Section 95 of the City's Code of Ordinance. A work week of forty-eight (48) hours duration will be achieved by having one fixed and regularly recurring shift out of generally every seven (7) shifts declared to be a Kelly Day, on which day the employee shall be excused from duty. The above notwithstanding, shift employees may be required to work up to and including one hundred forty-four (144) hours in 32 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October I, 2008 through September 30, 2011 any one 21-day work cycle, after which time overtime shall be paid in accordance with the provisions of Article 12, OVERTTME. Section 2 Both parties hereto agree and the TJnion acknowledges that the City has declared the employees to be "7{k)" employees for purposes of application of the Fair Lobar Standards Act. Forms acknowledging this fact far each individual employee shall be provided by the City for acknowledgment by the employee. Section 3 It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. When an employee is transferred from non-shift to shift or shift to shift, or shift to non-shift the City will provide the employee with thirty days' written notice of the change. The employee shall have the opportunity to respond in writing to the change within fifteen days prior to the scheduled change, provided however, the City retains the right to unilaterally make the change. No such deviation shall be considered a violation of this Contract. 33 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, L4FF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 For all employees the work hour shall be broken down into four {4) fifteen (15} minute segments. An employee sha11 be noted as late for vrark if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight ($) minutes or more after starting time, the employee shall be docked in major segments of one-quarter of an hour. 34 City of Delray Beach & Professional Fire Fighters & Paramedics,l.ocaI 1842, IAFF Collective Bargaining Agreement October 1, 2408 through September 30, 2011 ARTICLE 10-B-OR HOURS OF WORK The workweek for regular full-time employees shall be forty (40} hours. The number of hours per day and the number of days per week shall be five, eight hour days or four, ten hour days as determined by the Bepartment Head. Ocean Rescue Supervisors shall work four, ten hour days. The Normal Ocean Rescue work schedule shall include Saturday and Sunday. It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. When scheduled days off for Ocean Rescue personnel are rescheduled, the City will provide the employee with thirty days' written notice of the change. The employee shall have the opportunity to respond in writing to the change within fifteen days prior to the scheduled change, provided however, the City retains the right to unilaterally make the change. No such deviation shall be considered a violation of this Contract. 35 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Section 3 For all employees the work hour shall be broken down into four {4) fifteen {15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight {8) minutes or more after starting time, the employee shall be docked in major segments of one---quarter of an hour. Section 4 - Schedule Swap Two employees in the same job classification may swap scheduled work hours with the approval of the Ocean Rescue Superintendent or his/her designee. The hours worked are excluded from the calculation of the hours worked for which the substituting employee would otherwise be entitled to overtime compensation. The non-working employee is credited with the hours worked by the substitute. 36 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAF`F Collective Bargaining Agreement , October 1, 2008 through September 30, 2011 ARTICT3E 11-A-FR RECALL Section 1 -- Recall Pay Employees who are recalled to work because of conflagration, shortage of personnel or other situations will come to work immediately. They shall be paid according to the provisions of Article 12, OVERTIME; subject to a minimum of two (2) hours. Section 2 -- Procedure for Recall A. The procedure for recall will be pursuant the Recall Standard Operating Procedure, Volume I, Article 2, Section 25, (November 1999) and the Special Event Recall Standard Operating Procedure, Volume Z, Article 2, Section 26 (November 1999.) B. In the event of a bona fide emergency, the provisions of this Section shall not apply. Section 3 -- Fire Watch Overtime 1. The purpose of this section is to establish a formal personnel recall procedure for Fire Watch activities as identified in the Florida Fire Prevention Code, utilizing a procedure that is similar to those currently outlined in Article 11-A-FR, Section 2 of the current Agreement between the parties. 37 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 2. Specifically, Volume II, Article 3, Section 10 (III) (A.) of the Delray Beach Fire Department Qperational Procedures would be amended to read as follows: a. Personnel - Employees scheduled for Fire Watch duty will be recalled out of the Fire Watch recap. box to be established in the following manner. Personnel that voluntarily want to be considered for Fire Watch duty will submit a notice of interest to the Fire Safety Division. The Fire Safety Division will arrange the Fire Watch recall box in seniority order and schedule Fire Watch overtime in accordance with the following guidelines. b. An employee shall maintain their position in the Fire Watch rotation if they are already on duty during the scheduled Fire Watch. On-duty is defined as working an employee's regular shift or non-shift assignment. c. A Fire Watch commitment by the employee precludes the employee from any other overtime assignment that would occur simultaneously with the Fire Watch. d. Fire Watch recall shall be conducted at a reasonable time when most off-duty employees might be accessible. e. A five {5) minute response shall not be required for Fire Watch commitment. Fire Watch recall should allow 38 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAF`F Collective Bargaining Agreement October 1, 2008 through September 30, 201 I ample and reasonable time before proceeding in Fire Watch rotation. 3. Mandatory Recall - Tf mandatory overtime is needed, the call back should start in reverse seniority (from junior to senior) for the current contract year. At the end of the contract year the mandatory recall will start over in seniority order. 4. All personnel will be trained by the Department in how to perform Fire Watch duties. Personnel can not be excluded from mandatory recall even if they do not have the training or if they are probationary and nat eligible for regular avertirne. 5. The overtime will be exchangeable. 39 City of Delray Beach & Professional Fire Fighters & Paramedics, Local I842, IAFF Collective Bargaining Agreement October I, 2008 through September 30, 2DI1 ARTICLE 11-B-OR RECALL Section 1 -- Recall Pay Employees who are recalled to work because of shortage of personnel or other situations will come to work immediately. They shall be paid according to the provisions of Article 12, OVERTIME; subject to a minimum of two (2) hours. Section 2 -- Ocean Rescue Recall Procedures Full and Part-Time employees shall be called into work during staff shortages due to illness, vacations, or other emergencies using the following criteria: If a part-time employee calls out sick, a part-time employee will be contacted first based upon seniority. If unavailable, the next part-time employee shall be called (based upon seniority) until position is filled. If no part-time employee is available for recall, then full-time employees shall be contacted based on seniority (date of hire as full-time employee). Calls will continue until position is filled. Full-time employees shall be called first to replace full-time staff if sick or unable to work. Calls shall be place based on seniority, if no full-time staff is available, part-time employees shall be called based on seniority until position is filled. 4D City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2fl08 through September 30, 2011 If an Operations Supervisor position needs to be filled, Operations Supervisors and qualified full-time employee from the step---up supervisory program shall be called first based upon seniority. V~Then a call is placed to either a full or part-time employee for additienal work or overtime, their name shall ga to the bottom of the availability list (administered by the Operations Supervisors and Administrative Assistant) regardless of whether employee worked. Full-time employee's shall have the choice of overtime (earned at 1.5 x the regular rate of pay) or compensatory time (earned at 1.5 x the number of hours worked). It is the employee's responsibility to inform the Ocean Rescue Superintendent or Operations Supervisor of which type of compensation will be earned. If compensatory time is desired, the employee is required to fill out appropriate farms upon arrival and properly fill out the time sheet. Overtime and compensatory time can only be earned when an employee has worked more than 4p hours during that workweek. 41 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 12-A-FR OVERTIME Septior~ 1 The City agrees to pay overtime at the rate of time-and-a-half based on a three-week work cycle. Overtime compensation will be computed at the end of each three-week work cycle with compensation for same being on the following paycheck. Emergency and non- emergency call-back work will be covered under the provisions of Article 11, RECALL. In the computation of such overtime compensation, employees shall receive credited hours for any vacation days or holidays which may occur within the pay cycle. Non-Shift Personnel - Non-shift Employees will be compensated at the rate of time-and-a-half based on a forty (40) hour work week for hours actually worked, or credited by the City, above eighty (80) hours during a two-week work cycle. Employees working, or receiving credit totaling, less than eighty {80) hours during a two-week work cycle who are called in to work during hours other than their normal shift, shall receive overtime at straight time rates for the non-shift hours worked until they have worked their scheduled hours for that two-week period. 42 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Shift Personnel - Shift Employees will be compensated at time- and-a-half rates based on the work week as provided for in Article 10, HOURS flF WORK, in this Agreement for hours actually worked, or credited by the City, above the normal hours of work scheduled for that three-week period. The normal hours of work scheduled for any three-week period will be one hundred forty-four (144) hours. Employees working, or receiving credit, totaling less than their normally scheduled hours of work who are called in to work during hours other than their normal shift, shall receive overtime at straight time rates for the non-shift hours worked until they have worked their scheduled hours for that three-week period or where a paid sick day occurs during a three-week work period, shift Employees will be compensated at time and one-half rates based on hours actually worked or credited by the City above the normal hours of work scheduled for the City's two week pay cycle. 43 City of Delray Beach & Professional Fire Fighters & Paramedics, Local ] 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 12-B-OR OVERTIME Full-time Ocean Rescue staff will be compensated at a rate of time-and-a-half based on a forty (40} hour work week for any hours worked over forty (40) during the normal work week. Because the Ocean Rescue Division works 365 days a year and are not given the traditional City Holiday's off, the full-time staff shall be compensated at the rate of time-and-a-half during official City holidays (1.5 x # of holiday hours during pay period) when employee attains a minimum of forty (4Q} hours worked during the pay period. For example: An employee works 40 hours during the pay period which includes the Labor Day holiday - the employee will be paid 20 hours for the Labor Day holiday. The 8 hours that he/she worked plus 12 premium hours. 44 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October I, 2008 through September 30, 2011 AR~'ICLE 13-A-FR SALARIES It is agreed between the parties that the eleven (11) Step Pay Plans for Fire Rescue employees shall be as follows: Step Plans FIRE E'IGHI'ER Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 20.39 21.32 22.34 23.91 24.59 25.71 26.95 28.24 29.60 31.14 32.63 Shift 16.95 17.76 18.62 19.51 20.45 21.43 22.46 23.53 29.66 25.95 27.19 Annual 42,308 44,339 46,467 48,697 51,035 53,465 56,052 58,743 61,562 64,763 67,872 DRIVER/ENGINEER Step 1 2 3 4 5 6 7 8 9 10 11 90-Hour 21.41 22.99 23.52 24.65 25.83 27.07 28.37 29.73 31.16 32.78 39.35 Shift 17.84 18.70 19.60 20.54 21.52 22.56 23.69 24.77 25.96 27.31 28.62 Annual 44,536 46,674 48,919 51,262 53,723 56,301 59,003 61,835 64,809 68,179 71,446 45 City of Delray Beach. & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 LIEUTENANT Step 1 2 3 9 5 6 7 8 9 10 11 40--Hour 26.76 28.04 29.39 30.80 32,28 33.83 35.95 37.15 38.93 40.96 42.92 Shift 22.30 23.37 29.99 25.66 26.90 28.19 29.59 30.96 32.94 39.].3 35.77 Annual 55,653 58,324 61,129 64,058 67,133 70,356 73,732 77,272 80,981 85,191 89,281 pARA~DIC Step 1 2 3 9 5 6 7 B 9 10 11 40-AOllr 23.79 29.94 26.13 27.39 28.70 30.08 31.52 33.D4 34.62 36.42 38.17 Shift 19.83 20.78 21.78 22.82 23.92 25.07 26.27 27.53 28.85 30.35 31.81 Annual 49,491 51,867 54,356 56,965 59,70D 62,565 65,568 68,715 72,019 75,759 79,395 pARAMF`.DIC LIEUTENANT Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 28.D9 29.49 30.85 32.34 33.89 35.51 37.22 39.00 40.88 43.00 45.47 Shift .23.91 24,53 25,71 26.95 28.24 29.59 31.02 32.50 39.05 35.8 37.56 Annual 58,933 61,237 64,176 67,257 70,986 73,869 77,917 81,130 85,025 69,947 93,740 46 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 34, 2011 (a} Bargaining unit employees shall continue to receive an annual performance evaluation on the employee's employment anniversary date, or last promotion date, whichever occurs later. Annual performance evaluations shall be conducted pursuant to the Fire-Rescue Department's Employee Performance Evaluation criteria and forms, as determined by the City. (b} Subject to the schedule set out in section 2 (c} , if the employee receives an overall performance evaluation of satisfactory or higher, the employee will move to the next established higher step, or receive a 4.$% increase to base salary if not in an established step. An employee who receives an averall performance evaluation of unsatisfactory will. not move to the higher established step or receive the 4.8% increase to base salary if not in an established step until the employee receives an overall performance evaluation of satisfactory or higher. Any such increase will take effect as of the date of the performance evaluation of satisfactory or higher. (c}The schedule for step movement provided for in Article 13- A-FR, Section 2(b}is as follows: 1. From October 1, 2008, until the date that this contract is ratified by both parties, step movement will continue as provided in section 2(b}. 2. One Year Freeze of Step Movement - For a period of one year, which shall begin on the date that this contract is ratified by both parties, there shall be no step movement. 47 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20I1 3. Resumption of Step Movement - Beginning on the date one year after the date that this contract is ratified by both parties, step movement will resume, and will continue until September 30, 2011. 4. Effect of End of Contract Term --~ After September 30, 2011, step movement will not occur unless and until it is provided for in a successor collective bargaining agreement. Provided that if the City fails to provide the IAFF with the City's 2011-12 proposal for Article 13-A-F Salaries by June 15, 2011, then the step movement will continue during the period that the parties are engaged in the collective bargaining process. An employee who reaches or is at the maximum step range, will only be eligible for a salary increase based on the movement of the maximum step. Employees who serve as Step Training Paramedics shall receive payment of 2 hours of overtime for every 24 hours of Step Training completed. The nineteen employees working in Special Operations at Fire Station No. 5 (18 personnel) anal at Fire-Rescue Headquarters (1 Special Operations Coordinator) shall be eligible for an incentive pay adjustment of $.35 per hour payable monthly. Certification as 48 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 a Hazardous Materials Technician, Dive Rescue 1, Rope Rescue 1, NJ?PA 1670, and Confined Space Rescue 1, NPE'A 1b70 may be recommended as certifications for recognition in Special Operations. Section 6 Employees working in the EMS Supervisor positions shall be eligible for an incentive adjustment of $1.Ofl per hour payable monthly. Section 7 Employees working in the Fire Safety Division shall be eligible for an incentive adjustment of $.50 per hour payable monthly. Employees temporarily working in positions noted in Section 5, 6, and 7 noted above, shall be eligible for pay adjustment calculated hourly. .The employee must work at least fifty percent of any shift or working day, with no accruals of any portion of any shifts/working days, which are less than fifty percent. A temporary absence from duty shall be defined as an absence from a duty position due to one of the following; illness, vacation, Kelly Day, attendance at conferences and other City business, leave of absence or absence without leave. 49 City of Delray Beach & Professional Fire fighters & Paramedics, Luca] l 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 13-~B-OR SALARIES Section 1 It is agreed between the parties that the salary schedule shall be as follows: Minimum Maximum Ocean Rescue Oper. Supv. Ocean Rescue Officer 35,845 54,214. 28,456 43,039 Ocean Rescue Lifeguard Trainee Section 2 - Performance Increases 26, 596 40, 223 Subject to the schedule set out in Section 4, Employees shall be eligible to receive an individual performance increase, being in the range of Oo through 5o inclusive. Such individual performance increases shall be received on the same Citywide terms, conditions, and subject to the limitations applicable to other general City employees, excepting: A. Said individual performance increases shall be granted pursuant to the appropriate Employee Performance Evaluation criteria and forms as determined by the Gity. 50 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreemen# October 1, 2008 through September 3D, 2011 B. Employees shall also be eligible. to receive incentive increases in accordance with City policy, outside, and in addition to the salary ranges set forth in Section 1. Section 3 - Lump Sum Bonus Subject to the schedule set out in Section 4, an employee who reaches or is at the maximum amount of the salary range and who receives only a portion of the recommended Performance Increase, may be eligible for a lump sum bonus. The maximum bonus shall be the amount of the performance evaluation recommended and not received. In order to be considered for the lump sum bonus, an employee must have had a commendable or competent performance evaluation. 1n addition the employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid and shall not have any at fault accidents in excess of the current deductible observed by the City. The Department Head shall review the employee's departmental performance for recommendation of this special bonus. Thought shall be given to the most current and important goals and objectives of the, Department and the employee's contribution to such goals. The special bonus shall not be unreasonably withheld. Section 4 - Schedule for Performance Increases and 7.,um Sum Bonuses The schedule for performance increases and lump sum bonuses provided for in Article 13-B-OR, Sections 2 and 3 is as follows: 5l City of Delray Beach & Professional Fire Fighters & Paramedics, Local I842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 I. From October 1, 2008, until the date that this contract is ratified by both parties, performance increases shall continue as provided for in Section 2, and lump sum bonuses shall continue as provided for in Section 3. 2. One Year Freeze - For a period of one year, which shall begin on the date that this contract is ratified by both parties, there shall be no performance increases or lump sum bonuses. 3. Resumption of Step Movement - Beginning on the date one year after the date that this contract is ratified by both parties, performance increases and lump sum bonuses will resume, and will continue until September 30, 2011. 4. Effect of End of Contract Term ---~ After September 30, 2011, performance increases and lump sum bonuses will not occur unless and until they are provided for in a successor collective bargaining agreement. Provided that if the City fails to provide the ZAFF with the City's 2011-12 proposal for Article 13-B-OR Salaries by June 15, 2011, then the performance increases and lump sum bonuses will continue during the period that the parties are engaged in the collective bargaining process. 52 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTTCLE 14 WORKING OUT OF CLASSIFICATION An Employee assigned to a position which. position is higher than his/hex normal job classification, shall be compensated at a rate five percent (50} above his/her normal job classification beginning on the first {1St} working day of continual work in such higher position. Section 2 In selecting Employees to fill vacant or absent positions, the City shall endeavor, in good faith, to select an Employee who meets the qualifications for such position; i.e., first from the current promotion list, and secondly from those employees who meet the eligibility requirements to take the promotional examination. Tf no such qualified Employee who is on duty is available to fill such position, then the City may select an Employee to fill such position at the discretion of the Department Head or the Department Head's designee. 53 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20I 1 ARTICT~E 15 VACATION All regular employees shall earn vacation leave. Employees become eligible to use accrued vacation after one {1) year of continuous service and may then use vacation as it is earned. Vacation will be earned at the monthly rate as identified in Section 2. Years of continuous service Shift/Non-shift Employees Over, But Less than Vacation hours earned 0 years 3 years 3 years 7 years 7 years 11 years 11 years 12.00/8.00 per month 14.00/9.33 per month 16.00/10.66 per month 18.00/12.00 per month Continuous service shall be considered to be any service in which there has been no interruption by resignation, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service. Absence due to leave without pay shall not be construed as an interruption of 54 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 continuous service, but vacation benefits shall not be accrued during such leave for any month in which the employee does not work a period of fifteen (15) days or more for non-shift employees. When legal holidays occur within the vacation period of an Employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed (for non-shift employees) or paid as overtime (for shift employees, since they are not permitted to take the day off) as outlined Sick Leave. However, said overtime paid pursuant to this Section shall be paid at straight time for shift employees; non-shift employees are required (subject to call back) to actually take the legal holiday as a day off; and thus, when said holiday occurs in the vacation period of a non-shift employee, it shall not be counted as one of the employee's vacation days used. Vacation Leave shall be used only with the prior approval of the supervisor. Subject only to the requirement of maintaining essential services, as determined by the Fire Chief, seniority shall govern in the scheduling of vacations. The maximum number of vacation hours allowed to be accumulated at any time are as follows: 55 City of Delray Beach & Professional Fire Fighters & Pararriedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Avera a Scheduled Work Hours Maximum Accumulated Houz~s Per Week 40 288 48 432 Section 7 Employees starting to work on or before the 15th of the month will accrue vacation leave for that month. Employees starting to work after the 15th of the month begin accruing vacation leave the following month. Any vacation time earned in excess of the alcove will be forfeited. No additional accrual or payment in lieu of taking vacation is authorized unless prior approval is granted by the City Manager. When an extraordinary workload such as might be caused by special projects or position vacancies, preclude an employee taking vacation, the City Manager may approve accrual of excess vacation. In such cases, the excess vacation must normally be used during the next quarter of the year. An Employee resigning from the service of the City in goad standing may be paid for any vacation credit accumulated prior to resignation, provided: A. He has completed one year of continuous service. SG City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, I.AFF Collective Bargaining Agreement October 1, 2008 through September 36, 2011 B. He gives at least two weeks' written notice of his/her intent to resign. Section 10 Employees who retire from the City under the City of Delray Beach Police and Firefighters Retirement System or the General Employee Pension Plan will be paid for any vacation credit accumulated prior to the date of retirement, provided: The Employee gives at least two weeks' written notice of his intent to retire. Section 11 In case of death of an employee, payment for unused vacation leave shall be made to the employee's beneficiary, estate, or as provided by law. 57 City of Delray Beach & Professional Fire Fighters & Paramedics, Local I 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20I 1 ARTICLE 16 HOLIDAYS Section 1 The following days shall be holidays for both non-shift and shift employees: New Year's Day Veterans Day (for fire-shift Martin Luther King, Jr.'s personnel only) Birthday Thanksgiving Day Presidents' Day (3rd Monday in Thanksgiving Friday (for February) non-shift personnel only) Labor Day (1St Monday in September) Christmas Eve Memorial Day (1st Monday in May) Christmas Related Holiday Independence Day (July 4) Personal Holiday (1 per fiscal year) and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head and City Manager. The Personal Holiday for shift employees will not be granted as time off but will be compensated at 9.6 hours straight time pay on the date selected by the employee and approved by the Fire Chief and the City Manager. Section 2 Fire Department Personnel Only A. Non-Shift Employees - Non-shift employees on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their 58 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 supervisor, >aire Chief, and/or City Manager. Employees will be compensated for their eight (8) or ten (10) hour work days respectively. B. Shift Employees - Shift employees shall receive 9.6 hours straight time pay at the appropriate hourly rate for each holiday and 9.8 hours pay at the appropriate hourly rate for the half days set forth above. The shift employees will work their normal shift whether on a holiday or not. Section 3 Employees wha are on leave without pay on the day preceding and the day fallowing a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. Section 4 All regular, full-time, non-shift employees shall be granted leave with pay on the holidays listed above. Tn the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the aforementioned days fall an Sunday, the following Monday shall be considered a holiday. 59 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 17 Section 1 The Union recognizes that sick leave is not a privilege which an Employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member of an Employee's immediate household {wife, husband, child or parent} where care by the Employee is required. The City, at its sole discretion, has the authority at any time to make inquiry of tl~e subject Employee in order to determine that the sick leave privilege was exercised only for the reasons set forth in this section. Section 2 Non-Shift Personnel. Except as otherwise provided, all regular, full-time non-shift Employees may be given sick leave with pay at the rate of one working day far each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months of service, but shall not be granted 60 City of Delray Beach & Professional Fire Fighters & Paramedics, t,ocaI 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 until completion of six months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. If a non shift Employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days (1,120 hours). The Employee may bank all unused sick leave each year until the one hundred forty (140) day (1,120 hours) maximum is reached. Section 3 Fire Department Personnel. Only Shift Personnel. )except as otherwise provided, all regular, full-time, shift Employees may be given sick leave with pay at the rate of 9.6 hours for each calendar month of continuous service during which there were no absences without leave, provided: 61 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 1. Sick leave credits shall accrue during the first six (6) months of service, but shall not be granted until completion of six (6} months of continuous service. 2. Tf employment begins on or before the fifteenth day of the month sick leave credit shall be given far the entire month. Tf employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 3. Tf a shift Employee works less than half of the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is 1,344 hours. The Employee may bank all unused sick leave each year until the 1,344 hour maximum is reached. Employees who resign in goad standing shall receive pay at their then regular rate for the portion of their accrued sick leave stated below, not to exceed a total payment of 70 days (560 hours) 62 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20l 1 for non-shift employees including Ocean Rescue employees) and 672 hours (for shift Employees): Years of Service Percentage of Accrued Sick Leave to be Paid 0 - 5 -0- 5 - 10 25% 10 - 15 500 15 - 20 750 {or up to 560 hours for non-shift personnel and 672 hours for shift personnel) Employees who retire from the City in good standing after 20 years under the City of Delray Beach Police and Firefighters Retirement System or General Employee Pension Plan shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of 140 days (far nan~-shift Employees) and I,344~ hours (for shift Employees and Ocean Rescue Employees). Ocean Rescue employees who desire to take sick leave shall report to his/her immediate supervisor. Other employees who desire to take sick leave shall report to their Battalion or Division Chief on duty, or if not available, to Delray Seach Police-Fire communications, prior to the start of the first shift/work day of their illness or disability, otherwise they shall be considered as 63 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 absent without leave. Employees should report in sick at least thirty (30) minutes prior to the beginning of the shift/work day. The Department Head may investigate such absences to determine their validity. When absence is for three or more consecutive working days for non-shift personnel and Qcean Rescue employees or mare than two consecutive shzfts for shift personnel, the Department Head may require the )amployee to provide a certificate Pram a physician, certifying to the actual disability of the Employee, or may require a letter from the Employee explaining the reasons far such absence. In cases of death of an employee, payment for unused sick leave shall be made to the employee's beneficiary, estate, ar as otherwise provided by law, in accordance with Section 4 of this Article. 64 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 18. BEREAVEMENT LEAVE The City agrees that when a death or critical illness in which death appears to be imminent, occurs in the family {family being herein defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in--law, daughter-in-law, brother-in-law, sister-in-law, grandparents, grandchild, foster parents, foster child, step-mother, step-father, or step-child; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee, if non-shift personnel and Ocean Rescue employees, may be allowed three (3} working days bereavement leave with pay, or if the employee is shift personnel, may be allowed twenty-four (24) hours' duty bereavement leave with pay; provided, however, such leave may not be used on more than one occasion per family member, as defined above. Section 2 The City agrees when an employee is notified of the death of a family member while on duty as defined in Section 1 that employee will immediately be relieved from duty with administrative leave pay for the remainder of their shift. The City agrees that the above stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement 65 City of Delray Beach & Professional Pire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 leave may be requested by the employee, and if granted, shall be charged to one of the foregoing categories. Section 3 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of Bereavement Leave. 66 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAF`F Collective Bargaining Agreement October 1, 20Q8 through September 30, 2011 ART I CLIP, ~ 9 HEALTH INSURANCE The City agrees to pay the total medical and hospitalization HMO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium for all employees under the new coverage. Section 2 All regular, full-time employees shall pay the total medical. and hospitalization insurance premiums for any dependent. coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and 67 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to. discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committees. 68 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreemenk October 1, 2008 through September 30, 2011 ARTICLE 20 Section 1 A. The City agrees that seniority shall consist of continuous accumulation of paid service with the Fire Department. It shall be computed from the date of employment with the Fire Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. B. Seniority shall be based on date of hire as an Employee of the Ocean Rescue Division. Seniority shall be the basis for selecting normal days off for Employees. An employee may request to change his or her days off only after they become available through promotion, retirement, dismissal, resignation, or mutual agreement. Each September all days off shall be re-opened for selection for the coming fiscal year (October through September). Selection shall be made in order of seniority by each full-time employee. Seniority shall also be the basis for the Division's recall procedure and vacation selection process. Operations Supervisors days off may be rotated effective October 1 of each fiscal year at the discretion of the Ocean Rescue Superintendent for the purposes of ensuring that there is b9 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, TAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 sufficient opportunity for the Operations Supervisors to work together as teams with all other Operations Supervisors. Notice of any such rotation of days off must be provided no later than thirty (30) days prior to the implementation of the rotation (September 1 of each fiscal year). In the event the Ocean Rescue Superintendent elects to exercise his or her authority to rotate days off for Operations Supervisors, the rotation shall be in accordance with the following schedule: (A = most senior Operations Supervisor and D = least senior Ocean Rescue Supervisor). SHIFT 1 SHIFT 2 First Rotation A and B C and D Second Rotation A and C B and D Third Rotation A and D B and C The senior most Ocean Rescue Supervisor (A) shall select days off and then all remaining Operations Supervisors will be slotted according to the above-provided schedule. Once enacted, the rotation schedule must be completed over the three (3) year period following enactment unless cessation of the rotation schedule and a return to seniority selection of days off is agreed to in writing by the Union President and the Ocean Rescue Superintendent. In the event that there are more than four (4) Operations Supervisors, the Union President and Ocean Rescue Superintendent are authorized to 70 City of Delray Beach & Professional Fire Figh#ers & Paramedics, Local 1842, IAFF Collective Bargaining Agreement Oc#ober 1, 2008 through September 30, 2011 modify the rotation schedule by written agreement executed by both parties. Section 2 Subject to the approval of the Fire Chief, which approval shall be based an enumerated departmental standards, which are published in advance of the selection process, pertaining to: minimum staffing, numbers and types of certifications required within that staffing, and the number and types of officers or other ranks within that minimum staffing level, the choice of vacation period and Kelly days shall be as follows: The annual choice of Kelly days and vacation period shall be made at the same time each year with selections on the basis of seniority. Seniority for the choice of a Kelly day and vacation shall be calculated based on the beginning date of an Employee's most recent period of continuous paid service with the Fire-Rescue Department. If more than one Employee started with the Fire-Rescue Department on the same date, then seniority for those Employees shall be established based an the date they filed an application for employment. If more than one Employee filed an application for employment on the same date, seniority for those Employees shall be based on the alphabetical order of their last names. New Employees, hired after this Department-wide annual selection date of Kelly days and vacation periods, shall be assigned a Kelly day by the Fire Chief (or his/her designee), said assigned Kelly day to 71 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Coilecti~e Bargaining Agreerr~ent October 1, 2008 through Septerr~ber 30, 2011 be on a temporary basis until the next annual selection date when that Employee shall make his/her selection, based an seniority, as set forth above. Employees transferred from one shift to another shift may retain their previously selected Kelly day, provided that no scheduled overtime results from this action. If scheduled overtime would result from a transferring Employee retaining his/her previously selected Kelly day, the Employee may select a vacant Kelly day as long as scheduled overtime would not result, said Kelly day to be on a temporary basis until the next annual selection date when the Employee shall make his/her selection, based on seniority, as set forth above. Seatian 3 Tn the event of layoff for any reason, the Employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said Employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new Employees in a particular classification will be hired for one (1) year or until all Employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in 72 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Callective Bargaining Agreement October 1, 2008 through September 30, 2011 accordance with the provisions of this Article. "Recall" from layoff shall mean notifying a laid off Employee to return to work by registered mail to the last address listed with the Department as his home address or by giving a laid off Employee personal notice to return to work. Tf the affected Employee has not responded to recall within three (3) work days of the return receipt date on the recall notice ar if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or the affected Employee has not responded to personal notice recall within three ~3) work days, then that Employee shall be considered to have refused recall. 73 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTZGLE 21 POSTING OF TFiTS AGF2EEMENT The City will make available to the Union twelve (12) copies of this Agreement and the Union will post a copy on the Union bulletin boards provided pursuant to this Agreement at each Fire Station, Ocean Rescue Headquarters, and at other work sites where bulletin boards are located. 74 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October ], 2008 through September 30, 2011 ARTICZ,E 22 MANAGEMENT RIGHTS Section 1 The City of Delray Beach shalt. have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. B. To decide the purpose of each of its constituent agencies. C. To set standards of service to be offered to the public. D. To exercise control and discretion over its organization and operation. E. To direct its Employees. F. To take disciplinary action and dismiss Employees for just cause as to both non-probationary and probationary promoted Employees, and to take disciplinary action and dismiss with or without cause as to new probationary Employees. 75 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 G. To relieve its Employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary Employee from the position to which he was promoted with or without cause, in which event the removed promoted probationary employee shall be returned to the position from which he was promoted (but this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a promoted probationary Employee for just cause pursuant to subsection F, above), and to remove other promoted probationary Employees which may be necessary because of the return of this Employee to his farmer position. To relieve other probationary Employees from duty for any reason, with or without cause. H. To determine and re-determine work schedules subject to the provision of Article 10 relating to type of shifts to be worked by the Employees. Z. Ta maintain order and efficiency in its operations. J. To determine and re-determine the number of hours to be worked, subject to the provisions of Article 10. K. To require Employees to be in good physical and mental condition sa that they are able to perform the normal duties al personnel in their appropriate department. 76 City of Delray Beach & Professional Fire Fighters & Paramedics, Focal 1842, xAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 L. Ta promulgate reasonable rules and regulations for its Employees not in conflict with the provisions of this Agreement, except that such rules and regulations shall be presumed reasonable in any grievance procedure. M. To set the standards and procedures for application, testing, selection procedures and appointment to positions. N. To take disciplinary action against Employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. O. Under reasonable circumstances, to dismiss or otherwise relieve from duty Employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. P. To require enhanced supervision of both probationary and non-probationary Employees under reasonable circumstances. In addition to the Management Rights enumerated in Section 1 the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express 77 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 restrictions an such rights, i~ any, as are provided in this Agreement. 78 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 23 STRIKES AND IL,LEGAI, ACTIVITY A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of Employees from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by Employees froze the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. The Union recognizes that strikes by public Employees are pro- hibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The Union agrees not to authorize, instigate, or otherwise support a strike, as defined in this Article, and to undertake its best efforts to prevent or terminate any strike which occurs in contravention of this commitment . Scotian 3 The [anion recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, 79 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Florida Statutes, and Chapter 35 of the Code of Ordinances of the City of Delray Beach in the event of a strike in violation of this Article; provided, the Union shall not be liable for such penalties for a strike it did not authorize, instigate or otherwise support if the Union has complied with the requirements of Section 2, sentence 2 of this Article, and provided further it shall be the Union's affirmative obligation to show such compliance. The City of Delray Beach shall have the right to unilaterally terminate the employment of any Employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the Employee was in fact engaged in a strike. Section 5 Tn the event of a strike, the Union will notify the Employees and inform them that a strike is illegal under Florida Law, of the sanctions which may be imposed against the Union and participating Employees for a strike, and further instruct striking Employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in a good faith effort to get the Employees to return to work. Such conduct shall exonerate the Union from all penalties which may be imposed under this Agreement. 80 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 200$ through September 30, 2011 ARTICLE 24 UNCONSTITUTIONALITY CLAUSE Should any section or portion of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof, directly specified in the decision. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Any remaining portions of this Agreement shall remain in full force and effect and shall not be affected thereby. 81 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 AR~'ICLE 25-A-FR DUTIES OF EMPLOYMENT Employees shall not be required to maintain the lawns and grounds; meaning grass, shrubs, and trees, nor to maintain the building exteriors with the exception of the maintenance and installation of storm shutters, nor to paint the interiors or exteriors of the fire stations. Employees shall be required to perform routine station maintenance done on a scheduled basis including but not limited to window cleaning, the cleaning of kitchen and living facilities, training facilities, and other items involved in routine station maintenance and minor repairs of the fire stations and equipment and the City agrees to provide the necessary and proper materials for such employment duties. It is further provided that Employees shall be required to assist in hydrant inspection and testing, and all dispatching duties as assigned by the Fire Chief or his or her designee. Employees are required to arrive for work in a condition making them ready, willing and able, including being well-rested, in order to perform all of their assigned duties and tasks. 82 __ City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2D11 ARTTCZE 25-B-OR DUTIES OF EMPLOYMENT Section 1 )~mplayees are required to arrive for work in a condition making them ready, willing and able, including being well-rested, in order to perform all of their assigned duties and tasks. Section 2 Duties of employment shall be as follows: • cleaning of work areas including the garage and kitchen • minor repairs to equipment • minor repairs to lifeguard towers • installation of storm shutters And any other duties deemed necessary by Supervision as related to the delivery of safety services at the Municipal Beach and Seach Parks. The City shall provide the proper equipment and supplies for such duties. The Ocean Rescue staff shall not be required to use power tools for the maintenance or repair of equipment, lifeguard towers or facilities. The Ocean Rescue staff shall. nat be required to work at the City pools. 83 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 26-A-FR Section 1 The Labor Management Committee shall meet annually to review and select source materials for each written examination, keeping the material current in accordance with accepted modern day concepts and practices. A list of source material from which the written examination is drawn shall be published concurrent with the exam announcement, and shall be published at least one hundred eighty (180) days in advance of the date of the examination. The examination for the position of Driver Engineer shall be given annually during the month of November. The examination for Lieutenant shall be given every even year and the examination of Chief Officer shall be given every odd year during the month of June. The date of the promotional examinations may be delayed up to sixty (60) days, due to extenuating circumstances as determined by the City Manager or his or her designee, and if extenuating circumstances persist, may be delayed an additional sixty (60) days. If extenuating circumstances result in a delay of a promotional examination, notice shall be given to the Union at least fifteen (15) days before the examination, if possible. 84 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201 l The minimum qualifications for each position are as follows: Driver Engineer - Three (3) years continuous service with the Delray Beach Fire-Rescue Department; and current EMT or Paramedic Certification; and successful completion of the fallowing courses: Pumps and Apparatus, FFP#1601 Hydraulics, FFP#2640 Truck Company Operations, FFP#0703 LIEUTENANT - Five (5) years continuous service with the Delray Beach Fire-Rescue Department; and Current EMT or Paramedic Certification; and Currently serving as a Driver Engineer or have passed the Driver Engineer's Examination; and Successful completion of thirty (30} Semester Hours of college courses, or approved courses specifically identified as Fire Science or EMS Degree courses. A minimum of fifteen (15} hours shall be Fire Science or EMS courses. The remainder of hours may be Fire Science, EMS, or related courses accepted by the State Fire Marshal's Rules and Regulations, 4A-37.073, supplemental compensation which may include EMT or Paramedic college credit courses, not both. In addition to meeting the minimum qualifications for the rank of Lieutenant, the following shall apply: 85 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 20fl8 though September 30, 2011 1. Candidates for Eire Safety Division Lieutenant shall possess a current State Certification. for Municipal Eire Safety Inspector at the time of promotion. 2. Candidates far a Paramedic Lieutenant position shall possess a current State Certification for Paramedic and be protocol certified at the time of promotion. 3. Candidates hired after October 1, 1999 sha11 be required to possess current State Certification as a Paramedic and Municipal Fire Inspector to be eligible to sit for a promotional examination for the position of Lieutenant. Chief Officer - Seven (7} years continuous service with the Delray Beach Fire-Rescue Department; and Current I:~MT or Paramedic Certification; and Currently serving as a Lieutenant for a minimum of two (2} years; and successful completion of sixty (60} Semester hours of college courses, or approved courses specifically identified as Fire Science or EMS Degree courses. After June 2007, an AS or AA degree will be required in place of the sixty (60) semester hours. A minimum of twenty-seven (27} hours shall be Fire Science or EMS courses. The remainder of hours may be Fire Science, EMS, or related courses accepted by the State Fire Marshal's Rules and Regulations, 4A-37.073, 86 City of Delray Beach & Professional Fire Filthters & Paramedics, Local 1842, L4FF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 supplemental compensation which may include EMT or Paramedic college credit courses, not both. In addition to meeting the minimum qualifications for the rank of Chief Officer, the following shall apply: 1. Candidates far a Chief Officer assigned to the Fire & Life Safety Division shall possess a current State Certification for Municipal 1'i re Safety Inspector at the time of promotion. 2. Candidates for EMS Division Chief shall possess a current State Certification for Paramedic and be protocol certified at the time of promotion. 3. Candidates for Training and Logistics Division Chief shall possess a current State Certification for Basic Instructor at the time of promotion. Section 3 The Union and the City agree that a passing scored of 700 shall be achieved for each portion, or sub-part within a portion, of the examination process. If one portion of the examination process is failed, the individual shall not became a candidate for promotion on the next standing list. Examination process weight will be applied for each position as follows: Driver Engineer Written Examination 300 Driving Skills - Non-emergency Operations 300 Practical Skills - Emergency Apparatus Operations 40% 87 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 Seniority - 0.5 points per year of service to a maximum of five (5) points Certification Three (3) paints far State Certification as a Paramedic Two (2) points far State Certification as a Municipal Fire Inspector One (1) point fox certification as a Haz-Mat Technician Lieutenant Written Examination 40% Assessment Center 60p Seniority - 0.5 points per year of service to a maximum of five (5) points Certification - Three (3) points for State Certification. as a Paramedic Two (2) points for State Certification as a Municipal Fire Inspector One (l) point for certification as a Haz-Mat Technician Chief Officer Written Examination 400 Assessment Center 600 Seniority - 0.5 points per year of service to a maximum of five (5) points 88 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement pctober 1, 2008 through September 30, 2011 Certification - Three (3) points for State Certification as a Paramedic Two (2) points for State Certification as a Municipal Fire Inspector One {1) paint for certification as a Haz-Mat Technician Section 4 All employees who pass a promotional examination shall be listed on a Promotional List in consecutive order with the employee having the highest score being listed first. For the position of Driver Engineer, the Promotional List shall expire one (1) year from the date it is posted. The Promotional List for Lieutenant and Chief Officer sha11 expire two (2) years from the date they are posted. The Fire Chief will fill all vacant positions within sixty (60} days of the opening from the current promotional list. Promotional vacancies shall be filled by selection from among those three {3) employees who achieve the highest passing score on the promotion process. If an employee is to be passed over, the Fire Chief shall counsel the individual as to why the employee was not promoted. When an employee is promoted to a higher classification and pay grade, the employee's base salary shall be increased by five percent (5°s) . The employee shall then be placed in the step of the 89 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 higher classification which is equivalent to the employee's increased base salary. If the employee's new base salary is not equivalent to any step in the higher classification, the employee shall be placed in the lowest step in the higher classification that exceeds the employee's new base salary. Whenever a promotion results in an increase of more than ten percent (10%) in an employee's base salary, that employee's annual performance review date shall be changed to the anniversary date of the promotion. When a Paramedic accepts an assignment to the rank of Driver Engineer, the Paramedic's grade level shall not be changed. Driver Engineers who become certified Paramedics will have their grade level moved to the same grade as Paramedics. To be eligible for a lateral transfer to a vacant Lieutenant position, an employee must meet the minimum qualifications for the position. Lateral transfer application should be considered by the Fire Chief, but no obligation to grant the request is mandated. Section 8 When a new employee is hired to the position of Fire Fighter/Paramedic his/her salary will begin at the entry level Fire Fighter pay grade. Upon course completion, obtaining his/her Paramedic State Certification, and passing the Department`s protocol testing, the employee will be promoted to the entry level 90 City afDelray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2DD8 through September 3D, 20I 1 Fire Fighter/Paramedic grade. When this promotion results in an increase of more than ten percent (100), the employee's annual performance review date will change due to the promotion. 9i City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 27 PROBATIONARY PERIOD -- NEW EMPLOYEES The probationary period for all new Employees covered by this Agreement shall be one (1} year from the date of hire excluding time spent outside the department for the purpose of obtaining firefighter or paramedic certification. Probationary Employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other palicy or procedure for any matter concerning discharge, suspension or other discipline. 92 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTZGZE 28 PROBATIONARY PERIOD - PROMOTED EMPLOYEES There shall be a probationary period of one year for each Employee who is promoted to a higher classification within the Bargaining Unit. `I`bis probationary period shall commence from the Employee's initial regular assignment to the higher classification. Boring the one year probationary period, the City Manager or his or her designee shall have the right to remove the probationary Employee from the position to which that Employee was promoted. Any probationary Employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted Employee who is removed from the position to which that Employee was promoted, shall return to the position from which that Employee was promoted (however, this shall not be construed as limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted Employee). Other probationary promoted Employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted Employee to his or her former position. 43 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 DISMISSAL/DISCIPLINE Section 1 The City Manager or his designee may at any time dismiss or otherwise discipline any Employee far just cause. The City Manager shall furnish the non-probationary Employee and the promoted probationary Employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. A copy of the above-mentioned statement shall also be furnished to the Department Head. If criminal charges have been formally instituted against an Employee, the City Manager may place said Employee an leave of absence with or without pay, or reassign to an administrative position after 15 days written notice. During such leave of absence, the City may investigate and take appropriate disciplinary action against the Employee. However, if the Employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the Employee, and if no disciplinary action has been 94 City of Delray Beach & Professional Fire Fighters & Paramedics, Local l$42, IA.~'F Collective Bargaining Agreement October 1, 2008 through September 30, 201 l instituted, the Employee shall be reinstated and awarded back pay for the period of said leave of absence. 'lhe City shall notify Employees of the institution of any administrative review or investigation, the result of which could ultimately result in the imposition of discipline against the Employee (s ) known by the City at said tiz~e to be involved, within ten {10) working days of the incident which gave rise to the review or investigation or the Department Head's or Acting Department Heads knowledge of such incident, whichever is later. Furthermore, although nothing contained herein shall preclude the City from increasing, decreasing or otherwise modifying any intended degree of severity of such discipline prior to the time such discipline is imposed by the City, the City may not impose additional discipline against Employee(s) for the same incident and based upon the same facts and circumstances unless there is evidence of additional information not known to the City at the time of discipline being imposed which can support the additional discipline, and further such restriction shall not prevent the City from utilizing such discipline as part of a progressive discipline program or as part of the Employee's(s') employment record for further disciplinary actions or personnel purposes. 95 Ci#y of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLIa 30 RESIGNATION Section 1 Any Employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said Employee's termination forms. Tf any Employee resigns without giving the required notice, the Department Head shall notify the Human Resources Department; the Human Resources Department shall enter this fact into the Employee's personnel records; and failure to give such required notice of resignation may be considered sufficient reason for rejecting any future application of said Employee to reenter City service. The Department Head may enter a good standing notation into the records of an Employee who fails to give two weeks' notice if he or she feels there were extenuating circumstances. 96 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTTCZE 31 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager far the following: A. Jury duty or other required appearances before a court or other public body except such appearances required because of the personal matters of the employee or his or her family. B. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered. as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. C. Employees who are required to make off-duty appearances as a subpoenaed witness in any court, administrative proceeding or deposition involving or arising out of the employees duties will be compensated for the appearance at the rate of time and one half (1.5) the employee's regular straight-time rate for the time actually spent, 97 City of Delray Beach & Professional Fire Fighters & Paramedics, Local l 842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 provided that a minimum of two (2) hours time will be paid and the standard City per mile travel expense allowed will be paid in order to offset the employee's automobile expenses; provided that any mileage and witness fees received by the employee will be endorsed over to the City. 98 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 32 LEAVES OF ABSENCE WITHOUT PAY Leave without pay, not to exceed one (1} year, may be granted by the City Manager on recommendation of the Department Head to any employee who has entered upon a course of training or study for the purpose of improving the quality of his or her service to the City, or fitting himself or herself for promotion. Section 2 Upon written request of an employee and approval. by the Department Head, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice in the interest of the City. 99 City of Delray Beach & Professional Fire Fighters & Paramedics, local 1$42, IAFF Collective Bargaining Agreement October 1, 2048 through September 30, 2011 ARTICLE 33 ABSENCE WITHOUT-LEAVE An absence of an Employee from duty, including any absence for a single day, that is not authorized by a specific grant of leave or absence under the provisions of this Agreement, shall be deemed to be an absence without leave. In determining whether a specific grant of leave of absence exists, it is understood by both parties that the leave request forms must be signed by the employee and the employee's supervisor before taking the leave in all cases except sick leave or bereavement. Any such absence shall be without pay. Section 2 Any 1mployee who is absent from duty for three (3} consecutive days without securing leave from the notifying him of the reason for such expects to return, may be considered notice. For forty (40) hour personnel, shall mean three (3) work days. For consecutive days shall mean three (3} ca: shift officer or without absence and the time he to have resigned without three (3) consecutive days shift personnel three (3} Lendar days. Section 3 All such unauthorized leaves shall be promptly entered into the Employee's personnel records and shall be considered in his merit ratings. 100 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTTC);E 34 OUTSIDE EMPi,OYMENT Section 1 No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by the Human Resources Department. The granting of such approval depends upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment; and specifically the Fire-Rescue Department. Section 2 Application forms for outside endeavors shall be provided by the City, and approval of such shall be far a maximum period of twelve (12) months, renewable January lst of each year. Outside employment shall be deemed to include ownership or part ownership of a business, as well as independent contracts by employees to provide labor, services ar materials. Such applications shall list the specific job or service and outside employer for all outside employment which arises on 341 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20ll permanent or reoccurring basis; provided, however, that applications listing general labor services shall be acceptable for infrequent, nonrecurring outside employment. Section 3 No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the Member from the Department Head and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician, in conjunction with the criteria set forth in Section 1, above. 102 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF. Collective Bargaining Agreement October 1, 2048 through September 34, 24i1 ARTZCZE 35 SOLICITATION OF OR BY EMPLOYEES DURING WORKING HOURS Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable or union purposes and selling of tickets, magazines and other merchandise, is prohibited. This applies to solicitation by City employees, as well as persons who are not employees of the City. Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from: A. Soliciting public employees during working hours of any employee who is involved in the solicitation. B. Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, outdoor areas, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee`s official duties. 143 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, )AFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 C. Soliciting for commercial, charitable, or union purposes and selling of tickets, magazines or other merchandise while in City uniform or attire, ar while using City vehicles or equipment; provided, however, that subject to the express approval of the Department Bead in advance, employees shall be permitted to solicit other employees at their job site during non-working hours for purposes of collecting donations for charitable organizations or causes. D. Exerting undue influence on or harassing public employees during working hours relative to such solicitations as referred to in Section 1, above. 104 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF CoIlective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 36 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the Employees covered by this Agreement. 105 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 200$ through September 30, 2011 ARTICT~E 37 DAMAGE TO CITY PROPERTY Section 1 Each Employee shall exercise due caution in the care and handling of all tools and equipment which may come into his ar her custody, or over which he ar she may have a degree of control. When in the judgment of the City a tool or piece of equipment is na longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City far replacement. No defective tool or piece or equipment shall be replaced by the City until the defective item is presented by the 1mployee. All tools and equipment issued to an Employee by the City shall be returned to the City prior to the Employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). The actual cost to repair any damaged (or to replace any lost) personal property of an Employee, including clothing, watches and prescription eye-glasses or contact lenses, normal wear and tear excepted, shall be reimbursed to said Employee by the City if the Employee proves to the City that such occurred in the line of duty. In no event shall such reimbursement be made where it is determined by the City that such damage or loss was the result of the Employee's carelessness, negligence and/or intentional misconduct or where such personal property is not a part of his or her jab- i0b City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2048 through September 30, 2411 related equipment. Furthermore, in all instances, the limitation on such reimbursement from the City shall be no more than one hundred dollars ($100.00) per incident or claim; and provided further that in no case shall the reimbursement for any article of personal property exceed the reasonable replacement cost as determined solely by the City. Section 3 The City shall replace one (1) pair of sunglasses per year, for Ocean Rescue employees, if the sunglasses are damaged in the line of duty, up to a maximum replacement cost of $60.00 per year. 107 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTTCLE 3$ PENSION PLAN MATTERS Section 1 The Union and the Employees agree that the City and/or the Police and Firefighters Pension Board of Trustees may during this Contract period adopt amendments to Chapter 33 of the Code of Ordinances in order to add provisions specifying that the Pension Board may utilize the services of an outside agency or business (experienced in insurance claims revie~r, disabilities claims, or other related areas) to provide solely advisory opinions to the Board of Trustees with regard to the granting or not granting of any disability retirement requests pending or submitted during the term of this Agreement. The parties acknowledge that there exists between them an agreement regarding the Delray Beach Police and Fire retirement system. As a part of that agreement, the parties agreed that the issue of disability retirement shall be addressed through the labor management committee format. Section 3 - Ocean Rescue Ocean Rescue employees shall continue to be covered by the General Municipal Employees Pension Plan. 108 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 39 ANNUAL PHYSICALS The union agrees that the City shall conduct annual physicals including drug and alcohol screening for all employees covered by this agreement, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5} year intervals. Personnel shall be scheduled for their annual physical alphabetically by the first letter of their last name as follows: LAST NAME LETTER QUARTER A thru C October 1 - December 31 D thru H January 1 - March 31 I thru P April 1 - June 30 Q thru Z July 1 - September 30 The annual physical for Ocean Rescue employees shall be scheduled during the first quarter of the Caty's fiscal year as follows: LAST NAME LETTER A thru Z QUARTER October 1 - December 31 109 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 3q, 2011 The Union and the City agree to the concept of a smoke-free fire service, as supported by the Professional Fire Fighters of Florida. Towards that end there shall be no smoking allowed in any area of the fire stations or other Fire-Rescue Department facilities and vehicles, except the apparatus roam. Section 3 The City shall provide, on an annual basis at the time of the Employee's annual physical, a blood screening for infectious diseases for all Employees, which shall include but not be limited to blood screening for all Hepatitis strains, lipid profile and profile '] laboratory studies which includes information on cholesterol levels of LDZ and HDL, Triglycerides, Glucose, BUN, Creatinine, Sodium, Potassium and C02 levels, Pulmonary Function and Audiometry Test. Section 4 The City shall make available the following immunization for all Employees. Employees not wishing to receive immunizations shall sign a waiver indicating their refusal. A. Diphtheria Pertussis-Tetanus - every 5 years B. Hepatitis (Type B) - every 5 years C. Rubella (for females of child bearing age) - as needed 110 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, lAh'F Collective Bargaining Agreement October 1, 2008 through September 30, 2011 D. AIDS {If an F.D.A. approved vaccine becomes available during the term of this Agreement). The City recognizes how physically demanding the job of a firefighter can be. Recent studies and research have identified the correlation between fitness and improved work performance, injury prevention, stress management as well as reduction of sick time usage as tangible benefits. In an effort to improve and maintain the overall health and fitness of all bargaining unit employees, the Union agrees that the City shall conduct annual fitness assessments. Implementation of this policy shall not be punitive. Fitness assessments will be performed once a year on bargaining unit employees. An outside agency will be contracted to test and confidentially maintain all employee records. Fitness assessments will be scheduled at the employees annual physical. The City and the Union agree to adopt a nationally recognized and validated standards to determine firefighter fitness. Current firefighter fitness parameters as established by ARA/Human Factors will provide the assessment guidelines for the contracted testing agency. Fitness assessments shall test employees aerobic capacity, muscular strength, muscular endurance, body composition and flexibility. Annual fitness assessments shall be mandatory for all bargaining unit employees covered by this contract. Refusal to 111 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 submit to annual fitness assessments may be grounds for disciplinary action, up to and including termination. Employees hired after the implementation of this agreement will be required to score a minimum of 60 points on the current fitness assessment within one year of assessment testing or become eligible for termination. All Ocean Rescue employees are required to pass an annual requalification test. The process begins in October and must be completed within 30 days after receiving notice of passing the annual physical. Ocean Rescue employees who have not completed this test will not be scheduled to work until they have complied with the requalification requirements. They will be considered to be on leave without pay. Ocean Rescue employees unable to perform satisfactorily on the requalification test must request an extension in writing from the Ocean Rescue Superintendent. A second test will be scheduled within 30 days. The Delray Beach Ocean Rescue Annual Requalification Test is composed of the following segments: • 500 meter timed swim (< 10:00) • 300m run/200m paddle/300m run/200m swim (< 30:00 total time} 112 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 40 IVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that employees covered by this agreement are not immune from the problems which face society in general. The problem of drug and alcohol abuse has became widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment far our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. Definitions For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol.) References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. "Alcohol .Abuse" means the use or being under the influence of alcohol or alcoholic beverages on the job by City Employees is strictly prohibited. C. "Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes, not pursuant to a lawful prescription. D. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 113 City of Defray Beach & Professional Fire Fighters & Paramedics, Local 1842,1A.FF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 893, Florida Statutes, or not possessed or taken in accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter medication/drugs which have an adverse affect on employee performance. E. "Initial Drug Test" means a sensitive, rapid and reliable procedure to identify negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by The United States Food and Drug Administration or The Agency for Health Care Administration. F. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. G. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation 1 l ~I City of Delray Beach & Professional Fire Fighters & Paramedics, Lacal 1842, IAFP Collective Bargaining Agreement October 1, 2008 through. September 30, 2011 test for all the drugs will be. gas chromatography/mass spectrometry. H. "Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO is responsible for contacting all positively tested employees to inquire about possible prescriptive or over-the-counter medication, which could have caused a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical infarmatian. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRC selected by the City shall be a separate and independent entity froze the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I} (a} - (e), Florida Administrative Code and insure testing and analysis 115 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201 I compliance in accordance with Chapter 59A-24.006, Florida Administrative Cade (R.1996.} I. "Laboratory" means a facility licensed by the Agency far Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 1996) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Manager. J. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19} . K. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/ar negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. L. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or alcohol in violation of the City policy determined from 116 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreemen# October 1, 2008 through September 30, 2011 specific and articulable facts and reasonable inferences drawn from those facts. Tt is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited ta, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Fire Chief or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. M. "Prohibited Actions" - `The use or being under the influence of, or possession of illegal drugs or alcohol, an the job by City Employees is strictly prohibited. Any employee who is using, under the influence of, or in possession of drugs or alcohol, as defined in this policy, while on duty is subject to disciplinary action up to and including termination. Employees are also subject to discipline or discharge when they are abusing drugs or alcohol and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a 117 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 threat to the safety of the employer, his/her coworkers, or the public, or the off duty conduct is unbecoming to public employment. II. Testing A. Authority to test -- The City has the authority to require employees to submit to testing for the presence of alcohol or drugs as defined in this policy. B. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. 1. Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. 2. Reasonable Suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis fox determining whether reasonable suspicion exists to test an employee. 3. Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the follawing occurs: An individual dies, and individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage lI8 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is available; or damage to headlights, taillights, turn signals, hares, or windshield wipers. 4. Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or alcohol. Tf at any time during the evaluation period the employees blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. C. Refusal to Test -- An employee that refuses to submit to alcohol and drug testing as established in this Article shall be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access 119 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 to authorized personnel only, privacy, and integrity and identity of specimen} shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R.1996). The attached Chain of Custody Form will be used for each employee tested. 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription medication ox other relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as applicable, as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MRO) in interpreting any positive confirmed results. The attached Medical Information Form will be used for each employee tested. 4. Drug Testing Laboratories shall be Licensed by the Agency for Health Care Administration in accordance with Chapter S9A-24.006, Florida Administrative Code (R.1996} in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, 120 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF. Collective Bargaining Agreement October 1, 2008 through September 30, 20] 1 address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code {R.1995). 5. Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO employee for the purpose of interpreting any positive confirmed test results. 6. Initial Test - The initial screen for all drugs shall be in immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. 7. Confirmation Test - All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MSO), except alcohol will be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A-24.006(4}(f); Florida Administrative Code (R.1996} as may be amended from time to time. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e} i, Florida Administrative Code (R 1996), as may be amended from time to time. 121 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 IV. RELEASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2. The laboratory shall report as negative to the MRO all specimens, which are negative on the initial test or are negative on the confirmation test. The laboratory will not administers confirmation test if the initial test is negative. Only specimens, which are confirmed as positive an the confirmation test, shall be reported to a MRO only for the specific drug involved 3. The MRO, the City's MRO contact, an/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. 4. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Gade, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge 122 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 201 ] of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. T'he MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of the test result from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. if the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact and to the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results were properly handled and analyzed. In the case of a positive test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its 123 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 20I 1 final decision, which is subject to Article 4, Grievance Procedure of the agreement. 2. An employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employees responsibility to notify the laboratory in writing of such challenge. Upon such notification the laboratory shall be required to retain the sample indefinitely until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1} year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement thereof. VI. EMPLOYEE PROTECTION AND REHABILITATION 1. All employees may, upon request, have a Union representative present during the testing procedure, provided the test will not be delayed more than thirty minutes while waiting for such representation. 124 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed positive as part of their annual physical examination in a non-safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. 5. Any non-probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by the program administrator designated by the City, the employee shall be subject to the requirements below. The 125 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1$42, lAF'F Collective Bargaining Agreement October 1, 2008 through September 30, 2011 employee shall be returned to City employment in the same or similar position (same schedule as to shift or non-shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence. Prior to resuming employment with the City, the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result Pram the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is in writing and is received by the City no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRD shall contact the original testing laboratory to initiate the retest. 'the laboratory performing the retest shall comply with the drug testing parameters set forth in Section III above, and shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory. If the retest results are negati~re, the City will accept the results 126 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 34, 2011 and will reimburse the employee for the costs of the retest, including handling and shipping expense. '7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments which under the employment of the City, for an alcohol/drug related problem. VII. EDUCATION ~. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible far providing the names, addresses and telephone number of an employee assistance program available to employees. 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 3. The City must provide training to all supervisors which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. 127 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFP' Collective Bargaining Agreement October 1, 2008 through September 30, 2011 VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R.1996), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. The City recognizes that employees covered by this agreement are not immune from the problems which face society in general. The problem of drug and alcohol abuse has become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I28 City of Delray Beach & Professional Fare h'ighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through. September 30, 2011 ARTICLI? 41 MATERN~TX LEAVE: The City agrees that employees who become pregnant may utilize vacation, sick leave, or leaves with or without pay. Maternity leave personnel shall be eligible for hours of work as specified in Article 10. 129 City of Delray Beach & Professional Fire Fighters & Paramedics, l.,ocal 1812, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTTCL)J 42 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such Employees to current full salary far ninety (90} calendar days, and thereafter shall pay salary/benefits to such Employees in accordance with the requirements of the Florida Statutes. The ninety t90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90} day period commences it shall be available only from that day forward for ninety (90} consecutive calendar days. 130 City ofDeIray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 43-A-FR CERTTFICATTON INCENTIVE PAY Employees who are certified by the State of Florida as Municipal Fire Safety Inspectors shall receive certification incentive pay in the amount of $1,080 per year ($90 gross) for each complete month that the employee maintains state certification as a Municipal Fire Safety Inspector. Section 2 Employees who are certified as a Hazardous Materials Technician in accordance with N.F.P.A. Standard No. 471, and No. 472, OSHA 29 CFR-120 and 40 CFR-311 and who maintains certification in accordance with this section, shall receive certification incentive pay in the amount of $1,080 per year ($90 grass) for each complete month that the employee maintains certification as a Hazardous Materials Technician in accordance with this section). Certified Hazardous Materials Technicians must be recertified in accordance with Fire-Rescue Department policy. Employees who are certified by Delray Beach Fire-Rescue Department S.C.B.A. manufacturer(s) in the repair, overhaul and maintenance of S.C.B.A. equipment shall receive certification incentive pay in the amount of $1,080 per year ($90 gross) for each 131 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 complete month that the employee maintains certification in accordance with this section. Certified S.C.B.A. technicians must be recertified in accordance with Fire-Rescue Department policy at least every two years. `T'here will be a maximum of twelve (12} employees eligible far this certification incentive pay. Section 4 Employees who are certified to the standard of Dive Rescue 1, as defined by Dive Rescue International, Inc., and as adopted by the Delray Beach Fire-Rescue Department, shall be eligible to receive certification incentive pay in the amount of $1,080 per year ($90 gross) for each complete month that the employee maintains certification in accordance with this section. 1. There will be a maximum of forty-five (45) employees eligible for certification incentive pay. 2. To receive the certification incentive pay, employees must have met the training requirements of the Delray Beach Fire-Rescue Department. 3. Employees will be required to recertify every three (3} years. Section 5 Employees who are certified by the Fire-Rescue Department as compliant with "NFPA 1006-Rescue Technician Professional Qualifications" in both Rope Rescue and Confined Space Rescue 132 City of Delray Beach & Professional Fire 1 fighters & Paramedics, l..ocal 1842,1.AFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 practices; and are certified by the Fire_Rescue Department as meeting standards set forth in "NFPA 1670-Operations and Training for Technical Search and Rescue Incidents" at the Operations Level for both Rope Rescue and Confined Space Rescue shall be eligible to receive "Specialty Rescue" certification incentive pay, subject to the following terms and conditions: 1. There will be a maximum of eighteen (18) employees, six (5) per shift, eligible for Specialty Rescue certification incentive pay. 'The Fire Chief may increase the number of personnel eligible to receive Specialty Rescue certification pay if warranted due to operational requirement and safety considerations. 2. 'The Fire-Rescue Department shall consider seniority, skill proficiency, training participation, safety compliance, and shift staffing, when selecting those employees eligible to receive Specialty Rescue certification incentive pay. 3. In order to remain eligible for Specialty Rescue certification incentive pay, employees must meet the annual training requirements and demonstrate the requisite knowledge and skill proficiency established in NFPA 1005 and NFPA 1670, and shall be evaluated as 133 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 satisfactory for knowledge and skill proficiency by Delray Beach Fire-Rescue. 4. The eligible employees selected by the Department pursuant to this section shall receive Specialty Rescue certification pay in the amount of $1,0$0 per year ($90 gross), pro-rated for each complete month that the employee maintains skill proficiency in accordance with this section. 5. An eligible employee selected to receive Specialty Rescue certification pay shall receive this incentive compensation even if it exceeds the maximum certification compensation otherwise established for an employee. Employees who are certified by the State of Florida as a Fire Investigator II shall receive certification incentive pay in the amount of $1,080 per year {$90 gross) for each complete month that the employee maintains state certification as a Fire Investigator IT. A certified Fire Investigator II must be recertified in accordance with Fire-Rescue Department policy. Section 7 Employees shall be limited to a maximum of $3,240 per year in total certification incentive pay of three certifications per year. 134 Gity of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, LAFF Collective Bargaining Agreement October I, 2008 through September 30, 2011 ARTICLE 43-B-OR CERTIFICATION INCENTIVE PAY Section 1 Employees who are certified. as an Emergency Medical Technician shall receive certification incentive pay in the amount of $.75 per hour. Section 2 Ocean Rescue Supervisors shall receive $.15 per hour for CPR Instructor Certification. This certification pay shall be limited to a maximum of four (9) Ocean Rescue Supervisors. 135 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICLE 44 COMPENSATORY TIME AND TUITION REIMBURSEMENT PROGRAM Employees may engage in education and/or training by participation in one of the following categories: A. Participation in the City's Employee Development and Training program currently in effect for City employees (Administrative Policies and Procedures Manual, GA-39}, dated 2/12/99 with the exception of Section C. Supervisors Training Program. B. Employees may participate in other forms of education/training specifically authorized and approved by the Fire-Rescue Department. When such training is approved by the department, off--duty personnel shall receive compensatory time not to exceed 9~ hours. Such compensatory time may be used upon the approval of the employee's Battalion or Division Chief for Fire Department personnel and Department Head or designee for Ocean Rescue personnel, provided that no scheduled overtime may result. C. The current practice of Paramedic training shall be continued for the life of this agreement. 136 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, lAb'F Collective Bargaining Agreemen# October 1, 2008 through September 30, 2011 ARTICLE 45 LABOR-MANAGEMENT COMMITTEE There shall be a Labor_Management Committee composed of: 1. Four (4) members representing the bargaining unit as designated by the Union, and 2. Four (4) members representing management, as designated by the City Manager. The Committee shall meet to discuss general employment and employer-employee relations matters. Seatian 3 Either party, upon five (5) days advance notice, may request in writing that a meeting be scheduled. The request and an agenda specifying the questions or issues to be discussed shall be forwarded to the representatives of the other party and the City Manager or his designee. The time, date, location and maximum length of the meeting shall be determined by mutual agreement of the parties. All members of the committee shall be notified by the City Manager or his designee of the time, date, location and the length of the meeting. 137 City of Delray Beach & Professiona3 Fire Fighters & Paramedics, Loca3 1842, IAFF Col3ective Bargaining Agreement October 1, 2008 through September 30, 2011 Seotign 4 The City will endeavor to schedule committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. Each party shall maintain and submit to the other party a current list of committee members. The City Manager or his designee shall be notified of changes in this list prior to any meeting of the committee. 138 City of Delray Beach & Professional Fire Fighters & Paramedics, Lncal 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 AR`PICLE 46 DISABILITY INSUFLANCE The bargaining unit employee shall be eligible to receive long term disability benefits pursuant to the City's current plan and policies; currently provided to all other City employees. 139 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agree-nent October 1, 2008 through September 30, 2011 ARTICLE 47 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following two (2) options: A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation) as currently exists for non-shift personnel; and 1776 hours (1334 sick leave, 432 vacation leave) for shift personnel. B. Enable employees who properly notify the City with the intent to retire, at least two years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have two options of payment: 1. The one-third payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be-made in cash each year for non-shift personnel; and 1776 hours (1344 sick leave, 432 vacation leave) for shift personnel. a. The first payment will be made 2 years from the date of termination. 140 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 b. The second payment will be made 1 year from the date of termination. c. The third payment will be made at termination. 2. The one-third payment may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the employee's 457 contributions has not been reached. 141 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October 1, 2008 through September 30, 2011 ARTICZ)~ 48-A-FR RETIREE INSURANCE Zoca1 1842 shall establish the Delray Beach Fire Fighter's Retiree Insurance Fund ("Retiree Insurance Fund") to provide full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separate from employment on or after October 1, 2001. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. On ar before December 31, 2001, and on or before every December 31 thereafter, the City shall make a contribution to the Retiree Insurance Fund in an amount equal to 3.30 i of the annual base pay of all fire fighters who are employed during the bi-weekly payroll period which includes the prior October 1. For the initial The parties agreed that the amount of the contribution would be 3.3% of annual base pay following the Union's agreement to accept pay increases that are lower than it had initially negotiated for the term of this agreement. Initially, the City had proposed to increase employees pay by 4.2 % during the first year of this agreement. The Union asked the City to agree to establish this Retiree Insurance Fund and agree to make contributions to the Retiree Insurance Fund. The Union agreed to change the expected pay increases to 2.2% and then have the City contribute the remaining 2% to the Retiree Insurance Fund instead of using it for pay raises. The City agreed to contribute the 2% along with associated payroll taxes and other costs {such as FICA, Medicare, pension eosts)that the City's cost associated with the 2% pay increase would be 0.3%. Therefore, the parties agreed that the contribution to be made to the Retiree Insurance Fund in lieu of the pay increases would be 2.3% of annual base pay. The City further agreed to contribute an additional 1% of base annual salary to the Retiree Insurance Fund. Thus, the total City amount contributed to fund the Retiree Insurance Fund is 3.3% on annual base pay, as set out in this article. 142 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Coliective Bargaining Agreement October 1, 2008 through September 30, 2011 payment to be made on or before December 31, 2001, the annual base pay shall include pay adjustments to be made on November 2, 2001. The City shall make the annual contribution on behalf of each fire fighter in pay status on October ~.. Along with the contributions, the City shall provide a list of bargaining unit members for whom payment has been made and the basis for the amount of payment made. 143 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF Collective Bargaining Agreement October I, 2048 through September 30, 2011 ARTICL)J 49 DURATION (a) This Agreement shall be effective from October 1, 2008 through September 30, 2011. Negotiations for a successor Agreement shall commence upon written notice by either party issued between April 1, and May 1, 2011. Enumeration of the items to be negotiated for a successor agreement shall be submitted no later than the second bargaining session and only those items shall be negotiated, except by mutual agreement. (b) The following items may be reopened for negotiation at the request of the City for the fiscal year October 1, 2010- September 30, 201.1: • Article 38: Pension Plan Matters • Article 48-A-FR: Retiree Insurance (VEBA) (c) The Union may request to reopen Article 12-A-FR Section 1 (Overtime) for negotiation for the fiscal year October 1, 2010 - September 30, 2011. 144 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 1842, IAFF' Collective Bargaining Agreement October 1, 2008 through September 30, 2011 EXECUTION OF AGREEMENT Dated this day of May, 2010. ATTEST: Chevelle D. Nubia, City Clerk Approved as to form: Brian Shutt, City Attorney David T. Harden, City Manager Dated this day of May, 201.0. ATTEST: James Tabeek Michael Mayo, President Union District Vice President 145 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Caroianne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri129, 2010 SUBJECT: AGENDA ITEM 4.B. -REGULAR COMMISSION MEETING OF MAY 11, 2010 CHANGE ORDER N0.3/H.A. CONTRACTING CORP.IOLD SCHOOLS DARE WINDOW HARDENING PROJECT ITEM BEFORE COMMISSION This item is before the Commission for approval of Change Order No. 3 in the amount of $30,999.02 to H.A. Contracting Corp., for additional scope due to unforeseen window conditions encountered during construction, for the Old School Square Window Hardening Project #2000-065. BACKGROUND The project consists of the replacement of 241 windows with new aluminum impact resistant windows which will replicate the appearance of the existing windows. On March 3, 2010 Change Order No. 1 in the amount of $4,960.00 for the replacement of two (2) existing skylights at the Cornell Museum was approved by the City Manager. On Apri127, 2010 Change Order No. 2 in the amount of $3,900.00 for the instaIlatian of nine (9) door storm panels for the Crest Theater, Cornell Museum, and Gymnasium Doors was approved by the City Manager. Prior to bidding the project, a sampling of windows was removed to aide in identifying the variety of different framing configurations involved with the window installation. Final design and bidding was predicated an those findings. During construction at the Cornell Museum building, a different configuration of framing was discovered which will require concrete fill at the window jambs. The condition uncovered included a side "U" block on the window jambs. Change Order No. 3 is for the additional work required io correct this situation, which includes the installation of a #4 vertical rebar in each jamb, the full height of the window, forming and concrete fill. The unforeseen window condition has been discovered at Window Types 01, 02, P1, P2, and R which totals 64 windows. The total amount of Change Order No. 3 is $30,999.02; this is an estimated amount http:/Imiweb001/Agendas/Bluesheet.aspx?ItemlD=3279&Meeting1D=257 5/7/2010 Page 2 of 2 based on 64 windows. At this time it cannot be determined if this condition will be encountered at all windows; therefore this is an estimated cost and the actual cost may be less if fewer windows are affected. The cost for Change Order No. 3 will be tracked on a per window basis amount of $484.36 and will not exceed the total estimated amount of $30,999.02. The architect has reviewed the cost and agreed that the pricing is commensurate with industry pricing. The attached Exhibit "A" to Change Order No. 3 details all costs associated with this change order and includes an appropriate time extension of forty-five {45} days. FUNDING SOURCE This is a Federally funded project. The City will receive grant funding, on a reimbursable basis, up to $498,471.00 through the Hazard Mitigation Grant Program (HMGP). The total adjusted contract amount with this Change Order is $529, 646A2. Additional funding above the grant amount is available from account 334-4151-572-46.08 General Construction Fund Parks & Recreation Repair & Maintenance Services/OSS Window Replacement. RECOMMENDATION Staff recommends approval of Change Order No. 3 in the a~nnount of $30,999.02 to H.A. Contracting Corp., fox additional scope due to unforeseen window conditions encountered during construction, for the Old School Square Window Hardening Project. hitp://miweb001/AgendaslBluesheet.aspx~ItemID=3279&MeetingID=257 5/7/2010 CITY OI+ Il1LRAY BEACH CHANGE ORDER TO ORIGINAI. CONTRACT CHANGE NO. 3l(Contract A[Iclitinn) I'ROJECTNO. 200©-065 PROJI/CTTITLE: Old School Sgizal•e Windor+S~H~srclening TO CONTRACTOR: H.A. Coiatracting Core. YOU ARE HEREBY REQUESTED T(] MAKE THE FOLI~OWII~G CI•IANGES IN TIME PLANS AND SI'ECIFIGA'I'IONS I'OR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION; Additional ivarlc required dae to tjnl'oreseen ~yindo«r eanditians encountered during colzsk•uctlon; Per the attached Exl~Tbit "A", and a contract extension of Party-live X45) days. SUMMARY OF CONTRACT ANIOUNTICHANGES ~ ORIGINAL CONTRACT AMOUNT $489,787.00 • COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $_ $,860.00, ADJUSTED CONTRACT AMOUNT PRIOR TO TINS CHANGE ORDER $498,647.00 COST OF CONSTRUCTION CHANGES THIS ORDT'R $ 30,999.02 ADJUSTED CONTRACT AMOUNT INCLUDING TI•IIS CHANGE ORDER $529,6#6.02 PERCENT INCREASE TI•IIS CHANGE ORDER .b,32% TOTAL PERCENT INCREASE "I'O DATE 8.13°/a TOTAL CONTRACT T1ME WILI.I3F INCREASED BY 45 DAYS CERTIFIED STATEMEN`1': I hereby certify that tl~e sul~porti~zg cast data inolncied is, in niy cansldered op9nian, accurate and that the prices qu©ted are fair and reasanal~le. H.A. Conh•netuig Card. {Contraelor to sig~~ ~, seal) TO I3E FILLED OUT BY DEPARTMENT 1NITIATtNG CHANGE ORDER Funding is mailable trom account: 334-4.151-572-46.08 DEPARTMENT FUNDING DELRAY BEACH, IaLOR1DA by its CityCommissian RECOMMEND: By: Ilnviromnental Services Mayor APPROVED: City Attorney ATTEST: By: CERTIFIED BY DATE: ____ City Clerk $:1En~13nun1Hra3e+:tsl200012044-4655~17'[C[AS.1CD 3 t3A Contratling OSS R irnlows CiC 0531 ]6.docx ~``~ ~ ~~~ H.A. Contracting Corp,: Budget Proposal To: C[TY OF DELRAY B EACH - ATT -Bob Dlaz Job ND. 2000-005 OLD SGHOOL S4l1ARE - fJlltSEtlM - ADD'L WORK- CONCRETE F[Ll.1N[NE50W JAtVlt3S Job Description, Provide labor, maieda[, equfpmeni, supervision, insurance and band for fhe forming and concrete 1111 at the existing Museum W€ndowType Oi,02,P1,P2, and R jambs as follows; demo existing Eath,2x4's and form exfsling U black at boat sides of {84) window jambs. Flli jamb cell with 3DQp psi concrete and strip forms flee to[losving day.Work fo be completed during normal working hours during The week, and the following Saturdays Apriit7th, Apra 24th, and May 1st, 2010. fiEVtSED 4/812010 ITEMS RAW COST COST X 15% W[Ni30W TYPE - 01,08,E t,& P2 r 6tt Ea. LABOR -demo lath / 2x & form jambs $ - Rog.24.48 hr x 5.5 hrs =134.64 x 66 wind = $ 8,078Ap $ 9,290.16 ©_T.12.24 x 32hrs = 331.&8 - 2 men $ - Salurday Apri1171h k 2dth = $ 391.88 $ 45D.43 LABOR -pour jambs $ _ Aeg. 24.48 br x 5.5 hrs . 134.fi4 x 66 Wind = $ 8,p78-4p $ 3,290.16 ©-T.12.24 x 32hrs = 391.88 - 2 men $ _ Saturday Aprfii 7th & 24th = $ 391.68 $ 456.43 CONCRETE - 7 bags per wind, Q3.18 $ - per bag = 22.26 x 60 vend. =1335.66 $ 1,335.66 $ 1,535.84 RE=(3AR - 6.66 ea x 2 per wtnd~ 13.32 $ - 13.32 x 60 windows =. 799.2D $ 799.20 $ 9i 9.68 W[iHBOWTYRE-R.4Ea. ~ $ - LABOR -demo lash l2x & lorm jambs $ - Reg. 24.48 hr x ti hrs = 146.88 x 4 wind = $ 567.52 $ 675.65 0.7. 12.24 x 1 Bhrs = 391.88 - 2 rnen $ - Saturday tvlay 1st = $ 135.84 $ 225.22 LABpA »podr jambs $ - Req. 2k.46 hr x 8 hrs =146.86 x d wind ~ $ 387.52 $ 675.05 O.T, 12.24 X 16hrs = 381.6fl - 2 men $ - Saturday t,8ay 1st = $ 195.84 $ 225.22 CONGRETE - 11 bags per wind, @3.18 $ - per bag = 34.98 x 4 Wind. =139.92 $ 139.82 $ 166.91 REBAR - 6.86 oa x 2 por 4vind~13.32 $ - t3.32 x 4 windows s 53.28 $ 53.28 $ &1.27 M[SG: ply. wd.,lapoens,2x4's,& ©.W. scretas • ior(54) winds. $ 518 Ptywoad for forms -18.14 ea x 4ea. W $ 77.28 $ 2xA strrds for forms- 3.12 ea x 3D ea. _ $ 93,60 $ Tapcans - 3116 x 2-314 = 506 ea. $ 48,87 $ Orywali screws - 2" course #2 - 1 box $ 24.04 $ Dumpslers 1-i 6yd. - lath ~ 2x4 demo, bags [64) wind: $ 3pD.00 $ LIFT - 4 weeks -form lit pour winds. 2nd tlr. $ 1,177.06 $ Supervision - 4 weeks $ 4,400.OD $ AIE t1ESIGN - N.l.C. $ - $ Permitlfeos - N-l.C.[nspoction by A/E $ - $ $ - $ $ - $ $ - $ $ - $ TOTAL $ 20,955.67 $ Exciusfons 1) Window Type S and T 2) Concrete (i!i at headers and s[[fs. 3) Permt[ E parmtt tea's 4j Alf; Desfgn 88.87 iD7.s4 56.26 27.55 345.06 1,353.55 5,606.06 30,599.02 divided by 64 windows = 464.313 a ~,vindow LEAD TIM14E 45 DAYS Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM 9.C. - REGITLAR COMMISSION MEETING OF MAY 11, 2fl10 BID AWARD/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. ITEM BEFORE COMMISSICON City Commission is requested to approve the bid award to Complete Property Services of South Florida, Inc. for landscape maintenance of the I-95 Interchanges, Atlantic Ave, Linton BIvd. and SW 10~ Street overpass for an estimated annual cost of $84,365.00, per Bid #2010-21. BACKGROUND Bids were received and opened on March 12~ 2010 from thirteen {13) landscape and maintenance contractors all in accordance with City purchasing policies and procedures. After a check of references, equipment and available staff, the Director of Parks and Recreation and the Parks Superintendent originally recommended award to the low bidder, Lawn Wizard, USA, Inc. On April 26, 2010, Lawn Wizard, USA presented the City a letter of withdrawal for Bid #2010-21. Of the thirteen (13) bids submitted on March 12, 2010, Complete Properly Services of South Florida, Inc. was the next bidder that was in full compliance with the requirements of the bid request. The remaining vendors with bids lower than Complete Property's did not meet bid requirements {see pages 5 and 6 of the bid tabulation which indicates whether the company met the certified arborist, pest control certification, addendum acknowledgement and submission of revised bid forms requirements). Complete Property Services of South Florida, Inc. is a current vendor for landscaping of other areas and is performing very well for the City. FUNDING SOURCE 119-4144-572.46-40 PARKS & RECREATION BEAUTIFICATION MAINTENANCE RECOMMENDATION Staff recommends annual contract award to Complete Properly Services of South Florida, Inc. for bid #2010-21 at an estimated annual cost of $84,365.00. http://zxzivveb0011AgendasBluesheet.aspx?);tetnlD=3288&Meeting1D-257 5/7/2010 DELRAY BF.A,Cii c o •:r• i.f ".i _, ;°,^_k7o.._ - .~-~ . r>.'! 7Cr1i,: s.r ~~~fY.h ~a ~e;L lq~~-~![ii~l'iE8 Gity ~E 993 20 t31 ~~~~~~N~'~~ TO: Patsy Nadal Purchasing Manager k~tOM: Tim Simmons Parks Superintendent THR©'1TGH: Linda Karch l~iz~etor of Parks and Recreation SUBJECT: Bid.#2010-21 for Landscape Maintenance 1-951nterchanges, Annual Contract DATE: April 26, 2010 - :~ ~.._S~.l-i Jam}'.} The lowest bidder far Bid #2010-21 was Lawn Wizard [3S.A. lnc. at $20,064.40; however, they have now declined the bid for this project. Please see attached letter. After reviewing the other bids, the next bidder that was in caznplianee with our required specifications was Complete Property Services of South Florida, lnc. It is my recommendation that we award contract hid # 2010-21 to Complete Property Services of South Flarida,luc. The total price would be $84,365.00. They have perfaxrned satisfactory service far us in the past. If you have any questions, please contact me at ext. 7260. ..~ ~ '~_ . Tina Simmons Parks Superintendent ~~ ~ w y n ~„ t ~j -r- o ~ .. ~ w. ° j i ~5 iW.. F ~, ' ,~ c.: (' Jyr~ 1Ft~ ~ R Simmons Tim From; John i_tsngo [services@watefwizef~dusa.com] Sent: Monday, April ZB, 2D1 D 5:48 AM Tos Simmons, Trm Subjects i`W: I7E: E3lD # ~Q10-2~ ~rorn..3ohn i_ango [mailto:ser~iees@waterwizardusa.com] Sent: Thursday, April 22, 2C31D 5:48 PM to: 'Nada!@tmydelraybeacl~.com" Subject: It>r: BZD # 201D-21 iBt~ca. ~£1-~7T-~S$~~S ~iu~td: 9 4 - 5 6 ~ ~2 3 r ~ h hh t~~~+ A lA J'.7'/~`.TO~~l~~J x i-1~]Iyc~ 954-~2~88 ~it.t? i3: ~~5~-9f69-869 ~sidg: 8r,~~~2Et 372f~ ~~ic° ~-*~6~f769' Fax,{~r~/nE~~.r:$±±®®-7..~-9443 R'~U[7'~i1wi~ 4~~R~~~t~E7~. aak[and hack. FL ~3~4 CHECK OUT OUR WEB SITE v~rw-w.rnrizardserv-cesus2a.corrr Lawn Wizard wautd Pike to withdraw our bid for this project (20'i0-2't). Thank you far giving us the opportunity to service your property. We appreciate your business and the confidence you have placed in us. Tease contact me w~e~lever ~ may be of assistance . Questions, service ? Ptrt aiwz~ys avaitabte. Wizard Services Jahn Lando w~z~aa s~RV~clss Water Wizard--Lawn Wizard-Rust Wizard This message inclutl€ng attachments oanteins €nfarmatinn that may be cnnfrdentia€ andlor proprietary €nformation .The €nformaE€on is mended solely for the use of fhe addressee. if you ere oat the addressee, your d€scfasure, copying, distribution pr use of the contents of this message, andlor any attachments thereto, is str€ctty proh3bitetl. tf this message has been sent to you io en-ar, pSease notify the sender by return e-maii and delete this message. 3 J ~ ~ 7 m ~ ~ a ° ~ N ~~~ o~~+~a ~~ a~ v g~ a ~~ c d 0 a 0 A U te. a n m L" R p pa p A A d p O q °m !a QO d p °~ °O p p QC 6° ° P p Q GG °° c ° o O p. O N <7 O S© ° C °p G p Oa o Qp ~° ~ tl 6 m f/ Q C ] ,~, ~ o G] . 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Page 1 of 1 MEMQRANDUM TO: Mayor and City Commissioners FROM: David Harden, City Manager THROUGH: Joseph Safford, hinance Director Patsy Nadal, Purchasing Manager DATE: May 4, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING Off' MAY 11, 2014 BID AWARD/RUST-O~'F, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the bid award to second law bidder, Rust-Off, Inc. -for Anti- Rust Chemicals in the City Irrigation System for an estimated annual cost of $34,000 at $1.55 per gallon ordered "as needed". BACKGROUND Anti-rust chemicals are needed for the City's irrigation system rust removal, prevention, treatment, and maintenance for rusty water. Bids were received and opened on April 21, 2010 from five (5) rust chemical providers all in accordance with City purchasing polices and procedures. NextEra Landscaping was the apparent low bidder. NextEra did not receive favorable references and a Miami-Dade County contract was terminated for sub:naitting false or fraudulent claims. FUNDING SOURCE Funding from 119-4144-572.52-21 after budget transfer. RECOMMENDATION The Director of Parks and Recreation and the Park Maintenance Superintendent recommend Bid #2010- 28 award to second lowest bidder, Rust-Off, Inc., at an estimated annual cost of $34,000 orderd "as needed". httpa/miweb0011AgendaslBluesheet.aspx?ItemID=3290&MeetingID=257 5/7/2010 ~ Q ~ al c ~ a I~ Z o ~ ~ ~ ,a~i Q O Q ,~ ~ ~ i a ~ d Z W "~ ~ 9 Q '- s a1 t if ° G ~ .~ ns +n ~ o es .n es ~ ~ O ~ U ~' ~ !-' z EL ~. +~ ~ c'~a '}y ~ ~ a+ (~ a~ otf w 11J ca ~i c01N^q°q~pO~ ~ ai ~ '~ a 7+ ~...~w~y~~mo N d s] tR ~ ~ ..» O w r.. N ~ o yN ~ A ~ ~ Hd ~ ~ ~~a~~ao ~psr~ Zn0 w mUi ~~,~ ~a~ ~ L Q ~' ( ~ r.. ~ _ ~ '~1 ~ C? ~ j C Q~..Iw Q ~ s... 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TJl N tt'~ '~ 4 r a ' .ov:. - ~C. rt c #00 I~3.W. #9t AVE1~3U~ ° QrLRAY E3CACi~i, ~Lf]RICJA 33444 a 5B1I~43-700n }k~l~~I11BE'ICa Cl~f nz~~a~~vnu~ ~~~ 2001 TO: Patsy Nadal Purchasing Manager FRAM: Tim Simmons Parrs Superintendent THRQUGH: Laredo Karch Director of Parks and Recreation SUB,TECT: Bid #2010-28 for Anti-Rust chemicals in City Irrigation System, annual contract DATF: April 26, 201(1. It is my recommendation that we da not award contract bid #~ 2010-25 to NextBra Landscaping, They wore the lowest bidder; however, I have received a letter {attached} regarding their unsatisfactory performance. The letter charges them with submitting false or fraudulent claims in the form of lawn maintenance for Miami-Dade County. I would like to recommend the contract to the next lowest bidder which. is Rust Off Inc. The total price per gallon would be $1.55 for the anti-rant chemicals. They have performed satisfactory service for us in the past. The contact address for Rust--O~', Iz~c. 1471 K.asi~er Place Ste. IOI, Sanford, TEL, 3277x, phone: (407}7744141, fax: (407)325-0061. Contact person is: Scott Bwrch. Their e-mail is: tirerustoff~a,bellsouth.net. If you have any questions, please contact me at ext. 7260. Titre Sinunons Farlcs Superin#endent ERVICE ° ~12~t~3~IVkANG~ NT~~E~~TY ~SPdNS~BL~ ~NNOV~iT~VE ° ~~R~1WU!?K M1A~!1a~L?~l~~ - Carlos !#lvare~, Mayor April 14, .2014 Mr. David Seretslry Next Era Landscaping 3031 fortune ilVay suite J~115 Wsllingtar~, FI 33414 pE: Contract No. 6669-0114 Landscaping and Lawn {Termination far. Default) ©ear Mr. Beretsky: Procurement Management 'i i 'E raw Y st street • sure t 3Uo Miami, Florlda33728~1974 7 3Q5375-5289 F 305-375-44f37 3U5-372-61?8 miamidade.gav Maintenance Service for Miami-©ade Public Housing Agency We,have reviewed your.claims in regards to pi:tymerrts for services rendered on t#ie referenced contract. This tatter shall serve as official notice that, effective April 16, 2014, Next Era .Landscaping is being terminated for dufault.an Contract No. 6869-01'!4 Landscaping and Lavin Maintenance Service ~contrac#) far Miami»Dade Public Housing Agency, in accordance with Section 1, paragraph 1.23 of the contract. This action is being taken for submitting false or fraudulent claims In the farm of lavvn'maintenance s~hrice checklists {attaohed). Additivr~ally, pursuant to the Miami-Dade Countyr~ False Claims Qrdinartce, Section 21-255 et seq. of tyre Cade of Miami-Glade County, }lease certify chat the following inucrices .are true and correi't: 14611, 14618, 14fi19, 14834, 14831, 14839 148911, 14897, 14898, 14699, 14900, and 14J01, dated 4115/49, 6!29109 and 7115/08 within 34 cal®ndar days Pram the date of #his letter. !"allure to cer#ify the Claim wi#hin such time shall constitute. a forfeiture of the claim asset forth in Suction 21-257(2) of the Ctsde of MiamiwDade County. Far your carnrenienCe, 1 ~am attaching o copy pf #ha cited provisions of the Miami-©ade County Cade. if you nave any questions, please contact Michael E.aughlln, Senior Procurement Contracting Agent, at 805375-2087. ' Sin rely, .. r Alicia Lafarge Procurement Contracting Manager cc. Oren Raser~thai, Assistant County Attorney Gregg 1*armer. dir~ectar, Miami-Dade Public Housing Agency Miriam Singer, Director, Department of Procurement Management f~` }UL~~'';L~~r~~"L~, b,-~~wi~'i::~t.~``t"~~~.' ~~°::}f fI ~! yf ~~ ~~ ~~ MEMORANDUM May 5, 2010 City Commission ----~- R. Brian Shutt, City Attorney Writer's Direct Line: 5511243-7091 s,~~~' ~' ~ 2~~t~ ~"~ i.: ; SUBJECT: Closed Attorney-Client Session -Cify of Delray Beach v. Board of Trusfees of fhe City of Delray Beach Police Officers and Firefighfers Refiremenf Sysfem, Case No. 50-2006-CA-007168-XXXX-MB The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8} for the May 11, 2010 City Commission meeting to discuss the above pending litigation. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of: Cify of Delray Beach v. Board of Trusfees of the Cify of Delray Beach Police Officers and Firefighfers Refiremenf Sysfem, Case No. 50-2006-CA-007168- XXXX-MB. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor Nelson McDuffie, Commissioners Gary Eliopoulos, Fred Fetzer, Adam Frankel, and Angeleta Gray, City Manager David Harden, City Attorney Brian Shutt, James W. Linn, Esq. (via telephone), and a certified court reporter." At the end of the Commission meeting, the Mayor should announce that aclosed- door session will commence. After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for May 11, 2010 and that the agenda item include the name of the case, the names set forth above of those persons attending the Memo to City Commission May 5, 2010 Page 2 session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §2$6.011. RBS:jw Attachment cc: David Harden, City Manager Chevelle Nubin, City Clerk The 2009 Florida Statutes Title XlX C~apter.286 view. Entire PUBLIC PUBLIC BUSINESS: MISCELLANEQUS Chapter BUSINESS PRCfVISIQNS 286.011 Public meetings and records; public inspection; criminal and civil penalties.-- {1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2} The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state-shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.0_8__2 or s. 775.083, (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 7'75.082 ors. 775,g$3. (4} Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney`s fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or.members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7} Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. ($) Notwithstanding the provisions of subsection (7 ), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney steal! advise the entity at a public meeting that he or she desires advice concerning the litigation. (b} The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d} The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. fi7-356; s. 759, ch. 71-136; s. 1, ch. 78-365; s. b, ch. 85=301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ®2o00-2DOb State of Florida.