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03-01-11 Regular MeetingCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 1, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. February 8, 2011 -Workshop Meeting B. February 15, 2011 -Regular Meeting 6. PROCLAMATIONS: A• Recognize Church of the Palms 50th Year Anniversary -March 5, 2011 B. All People's Day ®-March 22, 2011 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL/921 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Ocean Boulevard for the property located at 921 South Ocean Boulevard. B' RESOLUTION NO. 09-11: Approve Resolution No. 09-11 to support continuance of the prescription drug monitoring program authorized by Section 893.055 of the Florida Statutes. C. AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT/PUBLIC SERVICE CORPORATION/CRYWOLF ALARM SOFTWARE: Approve Amendment No. 1 to the Acquisition Agreement with Public Safety Corporation (PSC) for the CryWolf alarm software providing for reductions to software licensing costs. D. AMENDMENT NO. 2 TO THE AGREEMENT/SUNGARD: Annrove Amendment No. 2 to the Agreement with SunGard Public Sector, Inc. for a public safety software system in the amount of $34,300 to add purchase of CryWolf alarm software and the FireHouse Inspection iPad module. Funding is available from 334-2111-521-66.10 (General Construction Fund: Books/Publications/Software) contingent upon approval of the final agreement by the City Attorney E. TRIPARTITE INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH, PALM BEACH COUNTY SCHOOL DISTRICT AND ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES:APprove an Interlocal Agreement between the City of Delray Beach, Palm Beach County School District and the Achievement Centers for Children and Families for shared use of the Village Academy facilities. F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14, 2011 through February 25, 2011. G. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Duval Ford in the amount of $149,112.00 for the purchase of six ~) Ford Crown Victoria Police Interceptors pursuant to Florida Sheriffs Association Contract # 10-18-0907. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 2. Purchase award to Emergency Vehicle Supply in the amount of $61,314.36 for the installation and complete set up of six ~) Police Cruisers. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive~ 3. Bid award to Intercounty Engineering Corporation in the amount of $1,408,505.93 for construction of the Area 11B Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaim Water Transmissions 448-5461-538-63.90 (Storm Water Utility Fund: Improvements Other/Other Improvements) and 442-5178-536-63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Other Improvements). 4. Purchase award to Pierce Manufacturing, Inc. in the amount of $547,724.29 after pre-payment discount utilizing the Florida Sheriffs Association Bid# 10-09-0907, Specification #15 for one ~) Pierce Velocity HDR Pumper. Funding is available from 501-3312-591-64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). REGULAR AGENDA: A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, INC. IAFF LOCAL 2928: Consider ratification of the Collective Bargaining Agreement with Professional Firefighters/Paramedics of Palm Beach County, Inc. IAFF Local 2928. B. FINAL SUBDIVSION PLAT APPROVAL/CDS DELRAY REDEVELOPMENT (ATLANTIC PLAZA II): Consider approval of the final plat for an 8.65 acre mixed- use development known as CDS Delray Redevelopment (Atlantic Plaza III, located north of East Atlantic Avenue, between N.E. 6th Avenue and Veterans Park. C. GRANT AGREEMENT/PALM BEACH COUNTY/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH) / C. SPENCER POMPEY AMPHITHEATER: Consider approval of a Grant Agreement between Palm Beach County, the City, and EPOCH, and a commitment to provide supplemental funding in the amount of $310,000.00 for redesign and construction of the proposed C. Spencer Pompev Amphitheater on the Spady Cultural Heritage Museum grounds. Funding to be programmed in the 2011/2012 Capital Improvement Plan. D. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE (CCC) REQUEST TO WAIVE COSTS: Decide whether to reconsider a request from the Creative City Collaborative to waive reimbursement to the City for printing and mailing costs, estimated to be $4,170.00 for three ~) quarters, to include a solicitation in utility bills for voluntary donations to cultural programs. E. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one ~) Citizen-at-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation svstem, the appointment will be made by Commissioner Fetzer (Seat #2~ APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board serve an unexpired term ending .Tanuary 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 03-11: Privately initiated rezoning from Agricultural (A) District to Professional and Office (POD) District fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. (Quasi-Judicial Hearing 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 07-11: Consider repealing Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach. If passed, a public hearing will be held on March 15, 2011. B. ORDINANCE NO. 08-11: Consider approval toamend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration Reporting Changes To Required Information, Renewal", and 112.21, "Alarm Registration Required, Penalty For Failure To Register", to provide that renewals shall be filed by May 1St each year and to clarify registration requirements for fire alarms. If passed a public hearing will be held on March 15~ 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING FEBRUARY 8, 2011 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, February 8, 2011. Roll call shoed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - Commissioner Angeleta E. Gray Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk Mayor Nelson S. McDuffie called the werkshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. PRESENTATION ON THE FLORIDA ATLANTIC UNIVERSITY (FAUN FOOTBALL PROGRAM Scott J. Erdmarn-y Senior Director of Premium Seating/Assistant Athletic Director and Dexter LaMont, Assistant Athletic Director/Licensing, Marketing & Pusiness Development, Florida Atlantic University, were present. Mr. Erdmarnz stated the FAU stadium is basically a 30,000 seat stadium that is being built in Boca Raton with the ability to expand to 60,000 seats. He showed a video of the stadium highlighting its development: entrance, amenities, seating and seating costs. In addition, he spoke regarding ways they would generate revenue for the stadium. Mr. Erdmarnz stated that the stadium is being built with all private funding no tax dollars were spent. It should be completed by October 15, 2011. Mr. Frankel stated this is an improvement and he attended breakfast with the new dean last week He stated this is great and keep up the good work Mr. LaMont stated President Mary Jane Suanders' goal is to increase enrollment and discussed the P~'~ ~'~• Mr. Eliopoulos stated this is a great business opportunity for all of Palm Peach County and stated he is looking forward to it. Mayor McDuffie asked about traffic ingress and egress. Mr. David T. Harden, City Manager, spoke regarding the traffic interchange. 2. PRESENTATION REGARDING THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM Mr. Harden stated w~ Dave had a lot of discussion over the last year about the status of the pension plans and thought it would be beneficial to have some people from the plan come and make a presentation to the Commission and the Police and Fire Pension board agreed to allow that to happen. Joe Pogdahry Pogdahn Group, stated they act as the investment consultants for the plan. He updated the Commission via a two (2) page handout showing the asset allocations of the plan by segment: Domestic E quity, International E quity, Fixed Income, Real E state, Alternative Investment, Timber, and Cash Equivalent. In additiory Mr. Pogdahn discussed the returns of the plan. He stated they leave a nice portfolio and are continuously looking at how to improve the risk adjustment numbers. He stated they also added Global bonds. Mr. Pogdahn discussed the plan earnings for fiscal year ending September 30, 2010. Mr. Harden asked if the returns are based on market versus the actuarial value. Mr. Pogdahn stated the returns are based on market value. Mr. Fetzer stated he is glad to have this presentation because this is an important issue for employees and the city as a whole. The more information he can get helps him to make more informed decisions. He stated the city and the pension board have not been able to agree on what the real numbers are and he is still looking for clarity on this. Mr. Fetzer stated we need facts w~ can agree onto make an informed decision Mr. Pogdahn discussed how funded ratios are calculated briefly and stated the actuary could answer the questions better. He suggested that the Commission spend one on one time with them, to avoid violating the Sunshine Law, for further explanations regarding the plan. Mr. Srad Heinrichs, Actuary, stated his role is to ans~r the Commissions questions and help them understand the facts. He gave an overview of first principles of how defined benefit pensions plans war1S how they are funded and an explanation of terms. He discussed the fundamental equation: contributions plus investment returns equal benefits plus expenses. He stated as the actuary for the pension board they conduct an actuarial evaluation where they collect asset information and census data once a year on the valuation date which is October 1 and measure the statistics of the program at that point. They are currently working with the city to do the evaluation for October 1, 2010. Mr. Heinrichs discussed projections and returns, etc. Mr. Frankel stated he has been on the pension board for three years and is satisfied with the professionals that are being used They do a superior job and stated Anne Woods, administrator, is always on top of things. He stated the board has been fortLnzate to have been led by Chuck Jeroloman for many years and now Joe Liguori. The entire board takes their responsibilities very seriously and many of the members are certified public pension trustees in the state of Florida. This is a real testament to our board Mr. Frankel asked if the Delray Seach fund is considered a healthy fund Mr. Eliopoulos stated it is tough regarding the numbers and corner back to long term and how projections for the future are made. He asked how you project numbers for the future. He asked about percentages and how realistic are they. February 8, 2011 Mr. Fetzer reiterated that this is a complex subject and the formula is simple but there is alot of work involved With the revenue issues we have in municipal government, it is causing a great deal of concern at all levels of government. He stated he does not want to overreact and not do the right thing from a long term perspective. The presentation tonight was helpful and we need more communication so that we do not get emotional and overreact. Mr. Heinrichs spoke regarding the board and stated it is one of the more educated boards and they are very in tune with what is going on with their plan. Mr. Eliopoulos stated it has been past Mayors who would attend the meetings and now we have a Commissioner who attends the meetings. Mr. Frankel stated communication between the board and the commission needs to be better although it has improved Mr. Harden stated this is interesting and discussed a stamrnary sent out by Cypen and Cypery Poard Counsel He stated the first section highlights what he is concerned about as the person who prepares the budget for the city. Mr. Harden read from the summary which stated the portion of state and local government spending dedicated to retirement system contributions is about three percent (3%). He stated in our case last year, our required contribution was 9.37%, more than 3 times the national average; and this is a source of concern for him. He stated he is very pleased about the progress that has been made with improving investment returns. Hower, he discussed that we are not out of the woods yet and have some things that need to be dealt with. Mayor McDuffie discussed the fact that he was reelected at noon today and stated one of things that rang true was the mortgage example. He stated what we find ourselves in today is a shorter term problem than it was and hopefully we will come out of it. From an operating budget standpoint, we are down $10 million and we are looking at the ability to pay and fund things we need to do. He stated prior to 2005 you did not hear this discussed He discussed properly tax and real estate projections. Mayor McDuffie stated the income side of this business has gotten out of control and if we can smooth this out that would be wonderful. He agreed with the suggestion of Commission meeting one on one periodically with the actuaries to discuss the plan. Mr. Frankel stated maybe they could meet on the 16~. Mr. Bogdahn suggested working that out with Anne Woods. Mayor McDuffie stated he appreciates everything the board has done and hopefully with everyone working together on this we will get through this. 3. DISCUSSION OF THE COMMUNITY REDEVELOPMENT AGENCY (CRAB INCENTIVE PROGRAMS Mr. Harden stated as the Commission is aware, the CRA has developed a menu of incentives for attracting businesses into their district. He and Francisco Perez-Azua had conversations about what could be done to attract business to the whole city not just the CRA; whether it might be wise to expand some or make all of them available as a whole citywide which would require us to have some contingent funding if we were to do this. February 8, 2011 He stated there are incentive programs at the county and state level that require some local match in order to be made available and we should agree that we would fund these if the opportunity came along. Mr. Francisco Perez-Azua, Economic Development Director, stated he is here also on behalf of the CRA board who suggested that perhaps through his recommending to the Commissiony we could consider creating some j ob creation based economic development incentives citywide. He discussed the Congress Corridor and gave an overview of the j ob incentive program. He stated if we resolve that we are going to create business districts and identify them as important assets in the city; thery you can start creating programs that fit into those districts. Mr. Frankel thanked Mr. Perez-Azua for the information and stated that there is a good plan in place and he is pleased with the efforts of Mr. Perez-Azua and the C1ZA. Mr. Harden stated if Commission is interested in pursuing this, staff will develop something and bring it back for their consideration to apply citywide. 4. DISCUSSION OF THE STATE QUALIFIED TARGET INDUSTRY (QTI,~ CREDIT PROGRAM Mr. Perez-Azua stated the State Qualified Target Industry Tax Credit Program requires a local match He stated he and Mr. Harden attended a local economic development forum meeting in Palm Seach County. He mentioned developing a resolution regarding this program and the local match He stated the State's criteria would have to be met. Mr. Eliopoulos thanked Mr. Perez-Azua for the presentation and rr~entioned ftmding. He stated it is all in the packaging and discussed the budget briefly. He stated this is important and you will need these types of incentives. He is onboard with Congress because it seems a natural. He supports the spirit of this as far as what we can fund Mr. Fetzer stated economic development is a very important thing that we have defined in our strategic plarn~ing process as vital to the future of Delray and it goes beyond CRA district boundaries. He stated we are trying to balance our shrinking revenues but we cannot afford to be shortsighted on this. Mr. Fetzer supports staff working with the CRA to address these issues. Mayor McDuffie complimented the CRA and what has been done and stated the city would like to help with economic development in any way that we can with the funding we can provide. He commented regarding changes the new governor wants to make across the state. He stated economic development is something we need to do. 5. DISCUSSION REGARDING RESOLUTION NO. 05-11 MODIFYING THE FINANCIAL REVIEW BOARD Mr. Brian Shutt, City Attorney, stated this is before Commission and changes have been made to the resolution February 8, 2011 He discussed the change regarding members lobbying Commission on behalf of their organization and stated additional language regarding city employees being members of the board has been added to clarify that the change would not affect employees who are currently board members. Mr. Eliopoulos stated he is fine with the changes to the resolution Mr. Fetzer has what the impact is on the existing board The city attorney discussed the impact. Mr. Fetzer stated he is okay with the resolution. The city manager stated he discussed this with Howard E llingsw~rth. Mr. Frankel agrees with the resolution. Mayor McDuffie asked if everything has been cleared up with the board regarding communication with employees. Mayor McDuffie stated he is okay with the resolution. Mr. Harden stated this will be placed on the consent agenda next week Mayor McDuffie adj oumed the Workshop Meeting at 7:36 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, February 8, 2011, which Minutes were formally approved and adopted by the City Commission on March 1, 2011. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. February 8, 2011 FEBRUARY 15, 2011 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, February 15, 2011. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Frankel Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier with First Baptist Church Foundation of the Apostles. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. addendum. Mayor McDuffie noted the addition of Item 7.A., Presentations by Mayor McDuffie stated staff has requested that Item 10.A., Ordinance No. 04-11 (First Reading/First Public Hearing) be postponed to March 15, 2011 and the Second Reading/Second Public Hearing to April 5, 2011. Mr. Eliopoulos requested that Item 8.A., Final Subdivision Plat Approval/Swinton Acres of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 8.K.1., Award of Bids and Contracts to Chaz Equipment of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 02/15/11 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Workshop Meeting of January 11, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Annual Citizen's Roundtable Meeting of January 25, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of February 1, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Arbor Day - February 22, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming February 22, 2011 as Arbor Day in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. South Florida Water Management District - Dry Season Presentation (ADDENDUM) Aneta Sewell, Outreach Specialist for the South Florida Water Management District (West Palm Beach), stated all of the Intergovernmental Specialists and Outreach Specialists are going to all the municipalities in Palm Beach County to inform everyone on the upcoming drought. Ms. Sewell stated we are currently in a very dry season and the National Weather Service is calling it "extremely dry". Ms. Sewell gave a brief presentation regarding the projections for dry season. Mayor McDuffie asked how this affects the City's reclaimed water system. Richard Hasko, Director of Environmental Services, stated users of reclaimed water are specifically exempt from water restrictions when they go into effect. Ms. Sewell stated in 2008/2009 when we were in water restrictions they had no problem with the City of Delray Beach and Delray Beach is one of the top municipalities that have gone to reclaimed water. 2 02/15/11 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. RESOLUTION NO. 08-11: ABANDONMENT OF A UTILITY EASEMENT; SHULER'S MEMORIAL CHAPEL: Approve Resolution No. 08-11 abandoning a 10' x 150' utility easement located on Shuler's Memorial Chapel property at 606 West Atlantic Avenue. The caption of Resolution No. 08-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 1006, PAGE 260, AS MORE FULLY DESCRIBED IN EXHIBIT "A". The official copy of Resolution No. 08-11 is on file in the City Clerk's office. 8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/362 N.E. 3RD AVENUE: Approve and accept aright-of--way deed for dedication of 2' of alley right- of-way and 5' of road right-of--way associated with renovation for a public parking lot at 362 N.E. 3rd Avenue. 8.D. REQUEST FOR SIDEWALK DEFERRALS/SEASAGE DRIVE AND TAMARIND ROAD: Approve a request to defer the installation of sidewalks along Seasage Drive and Tamarind Road for the Ferrara Residence located at the northeast corner of Seasage Drive and Tamarind Road. 8.E. REQUEST FOR SIDEWALK DEFERRAL/1018 POINSETTIA DRIVE: Approve a request to defer the installation of a sidewalk along Poinsettia Drive for the Fonfara Residence located at 1018 Poinsettia Drive. 8.F. AGREEMENT EXTENSION/DR. JOHN FLETEMEYER/SEA TURTLE MONITORING SERVICES: Approve an agreement extension for one year with Dr. John Fletemeyer in the amount of $38,750.00 for sea turtle monitoring services. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund: Other Contractual Services). 8.G. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT AWARD: Approve one (1) Housing Rehabilitation contract award for the project located at 808 S.W. 11th Terrace to Ray Graeve and Sons Construction, Inc., the lowest responsive bidder, in the amount of $33,723.21 for housing rehabilitation under the Disaster Recovery Initiative (DRI) 02/15/11 Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 8.H. CHANGE WORKSHOP MEETING DATE IN MARCH: Approval to reschedule the Workshop Meeting from March 10, 2011 to March 8, 2011. 8_I. RESOLUTION NO. 05-11: Approve Resolution No. OS-llamending Resolutions No. 55-09 and No. 58-09, which established the responsibilities of the Financial Review Board and its member requirements, to clarify that the board's duties shall fall under the direction of the City Manager or City Commission and restrict the membership of the board. The caption of Resolution No. OS-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND 58-09, WHICH ESTABLISHED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. OS-11 is on file in the City Clerk's 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 31, 2011 through February 11, 2011. 8.K AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Contract award to multiple vendors in the amount of $115,159.59 for emergency repair of the 36" Raw Water Main at the intersection of S.W. 10th Street and 15th Avenue. Funding is available from 442-5178-536-63.50 (W & S Renewal & Replacement Fund: Improvements Other/Water Mains). 3. Contract award to Associated Consulting Professionals for lead based paint testing and/or risk assessments as needed for houses built prior to 1978 participating in the City's housing rehabilitation 4 02/15/11 program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation) and 118-1963-554-49.19(Neighborhood Services/Other Current Charges/Housing Rehabilitation). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FINAL SUBDIVISION PLAT APPROVAL/SWINTON ACRES: Approve the final plat fora 0.62 acre, two (2) lot subdivision known as Swinton Acres. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Paul Dorling AICP, Director of Planning and Zoning, stated this is located at the northwest corner of 16th and Swinton Avenue and there is a single family home on it. Mr. Dorling stated the proposal is to divide it and it meets all of the minimum requirements of the subdivision. He stated the applicant proposes to demolish the house and there is some interest in moving it; they are pursuing that but there is no requirement to do so. Mr. Fetzer moved to approve Item 9.A.A. (formerly Item 8.A.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to Chaz Equipment in the amount of $24,000.00 for the emergency repair of a 10" Force Main on Lowson Boulevard just west of Congress Avenue at the Abbey Delray entrance. Funding is available from 442-5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements Other/Sewer Mains). Mr. Eliopoulos stated a member of this company was being investigated and wanted to ensure the City is following everything that we are supposed to be doing procedure wise and that we are not putting the City in a situation that we have to deal with later on. Richard Hasko, Director of Environmental Services, stated there are two items that are under Award of Bids and Contracts tonight and they both were emergency repairs which were the situation that presented challenges for the contractor Mr. Eliopoulos is referring to. However, the City's process is fairly stringent in how they do 5 02/15/11 that. Mr. Hasko stated first staff looks at contractors that are already working in the City the assumption being that they are already mobilized here so therefore receive pretty good prices from them. However, Mr. Hasko stated staff will also select contractors as needed from the prequalification list. Mr. Hasko stated staff will get a minimum of three of them, meet on the site, and review the requirements with them. He stated everyone hears the questions and the scope. Mr. Hasko stated they are directed to respond date and time specific directly to the Purchasing Department. Mr. Hasko stated we as the administrative organization for the contractor are out of it at that point and then it is done as a generic bid opening. Mayor McDuffie asked for clarification that there have been no indictments or arrests. Mr. Hasko stated as of this date staff is not aware of any; however, this is an ongoing investigation. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly item 8.K.1.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUESTSBRIGHT HORIZONS d/b/a 32 EAST: Consider two (2) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4), "Front Setbacks", and 4.4.13(F)(8), "Structures Allowed Within Setback", to permit a proposed balcony, support columns of the balcony-canopy, entry arch columns and attached high top tables to encroach within the front setback for Bright Horizons d/b/a 32 East located at 32 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mrs. Gray stated she had a conversation with Marjorie Ferrer. Mr. Eliopoulos stated he met with George Brewer, Architect to discuss his proposal Mr. Fetzer stated he received a telephone call from Marjorie Ferrer who supports the waivers. Mayor McDuffie stated he has had no ex parte communications since the last meeting. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-218 into the record. Mr. Dorling stated this item before the Commission is regarding two waiver requests; the first waiver seeks relief from LDR Section 4.4.13(F)(4)(a)(2) which requires a minimum front setback of five feet (5') for buildings with nonresidential uses on the ground floor. The waiver request is to permit balcony posts, atwo-story, arched entry feature, and attached high top tables within this five foot front setback; the second 6 02/15/11 waiver is to LDR Section 4.4.13(F)(8) which permits balconies to encroach a maximum of four feet (4') into the setback area. The waiver request is to permit the balcony on the front property line (0' setback) which results in an encroachment of five feet (5'). At its meeting of December 1, 2010, the Historic Preservation Board (HPB) considered and approved with conditions a Certificate of Appropriateness (COA) and Class IV Site Plan Application for exterior alterations primarily associated with the addition of abalcony-canopy and two-story, arched entry feature on the front elevation of the subject property. The HPB considered the waiver requests with a 7 to 0 vote. Mr. Dorling stated at its meeting of January 4, 2011, the subject waiver requests were considered by the City Commission and tabled to the meeting of February 15, 2011. Staff supports two-thirds of the first waiver those that involve the balcony and the table top encroachments and supports the second waiver which allows the balcony to encroach five feet versus four feet. Mr. Dorling stated staff had an issue with the facade feature above the doorway. He stated they are proposing to come out to the zero (0 setback) and the required findings in the waiver section are not met with that feature. Mr. Dorling stated the setback requirements are an attempt to mitigate mass and scale. This is a massive structure which is proposed at zero (0) and staff does not support that portion of the waiver. At the last meeting, the City Commission directed staff to work with the applicant. Mr. Dorling stated staff has had some preliminary discussions about moving that back and reducing it in scale to allow staff to make the required findings under the waiver section. At this point, Mr. Dorling stated he did not come to meet with staff further and requested to be reconsidered at this time. For clarification, with regard to the balcony on the second floor, Mr. Eliopoulos asked if staff supports the railings going all the way out or is he supporting where it is shown on the drawings. Mr. Dorling stated where the balcony is shown now is allowed by the LDRs and to allow that balcony to expand would require an LDR change. George Brewer, Architect, 204 N.W. 9t'' Street, Delray Beach, FL 33444, stated the stumbling block from the last meeting which caused the tabling of this item was the entry feature and they were asked to meet with staff to see if they could come to some resolution and get the entry feature to be not as prominent and they did just that. However, Mr. Brewer stated in doing so instead of solving problems they ended up creating problems. He stated the entry feature comes out approximately five (5) feet from the building and the entry doors are double doors six (6) feet wide and if he were to bring the entry feature back in, the swing of the door would interfere with the entry feature. Mr. Brewer stated that would cause him to make the entry feature even wider which would make it more prominent and it would also create some handicap issues with the door swing. He stated regarding the actual canopy that is protecting the tables below there is a corner piece next to the entry feature and it is partially supported by the entry feature and the further he pushes it back towards the building he loses that structural ability to support that. Mr. Brewer stated their goal is to have rain protection and an entry feature with rain protection. He stated moving the entry feature back towards the 7 02/15/11 wall created too many problems that were not feasible. In addition, Mr. Brewer stated there is an existing brow to the building and that would have had some interference because it projects out and he would have had to connect to it. He distributed a photograph of the original building and stated there is a vertical element and signage that acts as an entry feature to the extent that it punctuates an entry. Mr. Brewer stated staff expressed concern about the inability to make those findings in regards to this waiver, LDR Section 2.4.7(B)(5), that it shall not adversely affect the neighboring area and would it be a special privilege. Mr. Brewer stated he does not believe this will grant a special privilege and noted that The Office restaurant has atwo-story entry feature. He stated the two restaurants in Delray Beach that are two-stories are Boston's on the Beach and 32 East. Mr. Brewer stated pushing back the entry feature was not achievable and creates a great deal of difficulties. Mr. Brewer stated HPB would like to see the balcony brought all the way out to the edge of the canopy because it visually makes sense. Mr. Brewer stated there is a great deal of competition on Atlantic Avenue and noted this restaurant has won numerous awards and for the past ten years has been one of the top twenty restaurants in the State of Florida. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination. Mr. Dorling gave the following rebuttal: Mr. Dorling stated the applicant spoke that he could not push this back but he did not mention anything about reducing the mass of this entry feature. Mr. Dorling stated if it were less massive possibly in absence of pushing it back the required findings could be made. He stated it has the potential to affect the neighboring area in that it has pushed this added mass to the streetscape. Mr. Dorling stated sidewalk cafes are issued as a temporary permit renewed every year and if you are not compliant then you lose the ability to have a sidewalk cafe and those tables. He stated when you are dealing with a physical building that encroaches into that area it becomes a little more difficult to treat it like a sidewalk cafe and therefore not allow it. Staff recommends two-thirds of the first waiver and the other waiver associated with the balcony. Mr. Brewer stated with regards to the mass the feature, in the drawing appears to look massive but it is shorter than the existing building and it has more openings than mass. He stated it is a gateway to the front door and there is a wide opening on the second level Mr. Brewer stated the design of it is a reflection of what you find on the interior of the restaurant and noted there is a lot of woodwork on the interior. He feels this has been tastefully done and does not agree that this is overly massive. 8 02/15/11 Mrs. Gray asked if the extension of the second floor is not granted would the applicant still be able to function without that extra footage there. Mr. Brewer stated it would not function well and noted that HPB recognizes that and supports the entry feature coming out to the edge. Mr. Brewer stated visually they would like the building to look properly designed. Mr. Brewer stated he understands there is a stumbling block with the LDRs but feels they can do this and have another addition to what is already a very exciting Avenue. Mrs. Gray stated she likes the design of the entry focal point but expressed concern about the way the LDRs are currently written concerning the second floor. Mr. Fetzer stated the comparison has been made to The Office restaurant and asked if there were any waivers to the LDRs done for this restaurant. Mr. Dorling stated Mr. Brewer is comparing that it is a two-story structure and there is a false facade providing a feeling of a second story. He stated that did not encroach into the setbacks as this building is proposing to do. Mr. Brewer stated The Office restaurant has no setback and 32 East actually has a setback. He stated the property line is where the new proposed structure to support the canopy would be and The Office is exactly on the property line. Mr. Brewer stated this building is in fact five (5) feet back from the property line. Mr. Brewer stated if they were to be built today they could not be where they are because that is a solid structure. In the past, Mr. Brewer stated the City has allowed canopies (Cut 432) and the City allowed the solid canopy structure to come to the property line but their property line is much further back. In terms of setbacks, Mr. Brewer stated the only comparison between 32 East and The Office is the two-story element and noted that The Office won the SPRAB award this year for its design. Mr. Eliopoulos concurs with staff's approach and stated he feels this is different because this is in the historic district. Mr. Eliopoulos stated he supports this element for the fact that it is in the historic district. He expressed concern over the balcony and the railing. Mayor McDuffie stated Mr. Brewer has designed a fantastic building and as a historic building you want to make things distinctively different that you have added on to a historic building so you can tell what the historic part is and what has been added to it. Mayor McDuffie stated he feels Mr. Brewer has accomplished that. Mayor McDuffie stated that staff can take a look at the LDR modification in the future. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 9 02/15/11 Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:58 p.m., the Commission moved to the Item 10.A., Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ), "Segway Tours and Segway Sales", to provide for specific requirements for the establishment and operation of such uses. If passed, a second public hearing will be held on March 1, 2011. (Staff~has requested the item be postponed until the March I5, 2011 City Commission Meeting) Mr. Eliopoulos moved to postpone Ordinance No. 04-11 to a date certain of First Reading/First Public Hearing for March 15, 2011 and Second Reading/Second Public Hearing for April 5, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. WAIVER REQUEST/ADVANCE AUTO PARTS: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.7 (E)(7), "Design Standards Matrix", governing signs for Advance Auto Parts at 3003 South Federal Highway. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this is a request from Advance Auto Parts located at 3003 South Federal Highway for a waiver to LDR Section 4.6.7(E)(7) of the LDRs governing Signs -Design Standards. The building known as Video Annex was built in 1977 and is in the South Delray Shopping Center and when the building was first constructed it came in under the Master Sign Program for the entire shopping center. Mrs. Butler stated it had two very large signs associated with that 10 02/15/11 Master Sign approval that was approved by the Site Plan Review and Appearance Board (SPRAB) in September 1997; one on the west elevation and one on the south elevation. Advance Auto Parts is now the current tenant of the former Video Annex building and they wish to install a freestanding monument sign along Federal Highway 18 square feet six feet high and it is within Code; the second sign that requires the waiver is proposed to be on the south elevation at 100 square feet and they are entitled up to 160 square feet if the Commission were to consider it. At its meeting of February 9, 2011, the Site Plan Review and Appearance Board (SPRAB) approved the sign waiver to allow a flat wall sign along the south elevation of the Advance Auto Parts building. Mrs. Butler stated LDR Section 2.4.7(B) of the LDRs allows the City Commission to grant waivers to this section of the Code governing signs after making a finding of fact on the following (1) shall not adversely affect the neighboring area, (2) shall not significantly diminish provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends approval of the waiver request to LDR Section 4.6.7(E)(7) based on the findings and recommendation of the Site Plan Review and Appearance Board for Advance Auto Parts. Mayor McDuffie stated anyone from the public who would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Claude Reader, Site Enhancement Services, stated he is present for any questions the Commission may have. There being no one else from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes.) Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUEST/UNITED PARKING SYSTEMS, INC.: Consider a Conditional Use request to allow United Parking Systems, Inc. to manage and operate the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and S.E. 3rd Avenue as a commercial "for pay" parking lot with utilization by both bank customers and paying patrons. (Quasi-Judicial Hearing) 11 02/15/11 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mrs. Gray stated she had no ex parte communications to disclose. Mayor McDuffie stated he spoke to the applicant's agent Mr. David Goodlett about what they could do to modify their plans to be acceptable to the City of Delray Beach. Mr. Eliopoulos stated he received a telephone call from State Representative Adam Hasner suggesting that they were going to call him but they have not. Mr. Fetzer stated he had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-212 into the record. Mr. Dorling stated this is a conditional use request to operate a portion of the existing SunTrust Bank offsite parking area as a commercial "for pay" parking lot. He stated the southern 50 feet is actually leased to the bank by another party and was originally part of the conditional use request. Mr. Dorling stated they were unable to get the owner's consent for that piece so it has been removed from the request before the Commission this evening. The conditional use would be for the northern piece. Mr. Dorling stated the parking lot is improved and has a total of 49 spaces; 42 spaces are located within the area that is part of this conditional use request. The request is to allow it to become a "for pay" parking lot under a 24 hour situation and the parking lot would be available for the public and bank patrons. Mr. Dorling stated the original proposal is for it to operate even during operating hours of the bank and that the bank customers would not be charged if they get a validation by the bank and present it to the attendant. He stated this dual utilization of what is required parking creates concerns for staff because the required parking that is provided would not be available for bank customers during regular business hours particularly if it is over utilized by non-customers that utilize the parking lot for cash and go to other businesses and then a bank patron goes to park in the required parking spaces and there is none available. The seven spaces would not be subject to a "for pay" situation even after the bank closes because the property owners have not consented to that action. Mr. Dorling stated the subject property is acknowledged to be an existing non-conforming site as it relates to parking space dimensions, drive isle widths, interior landscape requirements and other open space requirements. He stated staff did not feel it appropriate to require a full upgrade of the site because that would diminish the availability of parking spaces not only for the bank but for this operation as well Mr. Dorling stated if the Commission grants the "for pay" operation that some of the landscape material deficiencies be rectified at this time and that the provision of adequate lighting be attached as conditions of approval. At its meeting of November 15, 2010, the Planning and Zoning Board considered the conditional use request and voted 4 to 0 to approve it subject to the conditions in the staff report. Staff recommends approval subject to the nine (9) 12 02/15/11 conditions listed in staff's memorandum. David Goodlett, the Applicant's Agent, stated they are in agreement with the conditions described by staff. Doreen Tustin, Branch Manager of SunTrust Bank, 302 East Atlantic Avenue, Delrav Beach, FL, stated they have had some issues with the parking since the revitalization of Delray Beach. She stated this is a prime spot for parking but they started encountering issues with their clients not being able to park and then coming into the bank stating that they have not been able to park in the lot particularly around the lunch hours. Ms. Tustin stated the bank historically has leased that space out in the evening hours and there has never been an issue. Ms. Tustin requested that the Commission grant both day and evening parking for their clients' sake. Barbara McDowell, Senior Vice President with SunTrust Bank, 302 East Atlantic Avenue, Delrav Beach, FL, stated she is in and out of the bank all day because she covers ten branches and from approximately 11:30 a.m. - 2:30/3:00 p.m. the parking lot is full but there is not one client in the bank Ms. McDowell stated she hears complaints daily about the fact that they have clients that cannot park. Ms. Tustin expressed concern over the daily monitoring of the parking and stated they do not want to have to go to those measures of actually towing or booting cars in the community. Mrs. Gray asked how they would guarantee that there would be so many parking spaces for the bank if someone is paying and would like to stay longer. NIr. Goodlett stated they will have an attendant there to regulate the space and the way they are going to earn their money is making the bank happy and if they are not protecting those spaces so their customers can have access to the bank they would be in jeopardy of maintaining that relationship. NIr. Goodlett stated all the spaces in that parking lot will be marked SunTrust Bank and when you do the square footage on the commercial area across the street which also includes the bank there are 18 spaces that are in addition to what would be required by the City. Mrs. Gray asked if there is still valet parking in this lot. Mr. Goodlett stated if approved this evening they will not have valet parking but instead it will be "for pay" parking and there will be an attendant onsite. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. NIr. Eliopoulos asked if the 16 spaces are open for the bank. NIr. Dorling stated they actually have 18 spaces over and above and originally there was a desire to 13 02/15/11 maybe to treat those differently because they were excess parking spaces and that becomes an enforcement issue. Mr. Dorling stated the applicant said they could do that but it is not their intent here; this is to be "for pay" in the evening and they would have an attendant there during the day not charging but maintaining and monitoring the utilization of that space to assure that the bank's concerns were addressed. Mr. Dorling stated part of the issues that staff had with a proposal like this would be that if you were to suddenly allow required parking to be utilized as "for pay" systems, anybody that has required spaces would be encouraged to say they are required for my space but then subcontract them out and charge for parking during business hours and take a piece of that action. Mr. Dorling stated that would be a policy decision that the Commission would have to make and anybody having a parking lot that was not making any money during the day would be enticed to do something like that which would eliminate availability of required parking spaces for businesses. He stated in this case that is not addressed if in fact that kind of scenario occurs only when the business is closed. Mr. Goodlett stated Mr. Dorling is correct that he agreed in the discussions with staff that they would not have "for pay" parking during the day; however, his applicant just explained to him that he did not do a good job in explaining that to him and that is not what he understood. Mr. Goodlett stated what he was hoping for is that they would paint off and mark "bank parking only" on all of the spaces except those 18 spaces. He stated to help defray the cost of the parking over site they would like the ability to charge for parking on those unmarked 18 spaces. Mr. Goodlett stated he was wrong and the applicant is requesting the ability to charge for those 18 spaces just like they will at night to help defray the cost of the enforcement that has become necessary because other people have been using the parking lot. Mr. Dorling expressed concern that this forms an enforcement issue for Code Enforcement to try and figure out who is being charged and who is not and would be a nightmare. Mr. Dorling stated they could be charging for the entire parking lot during the day then eliminating required parking spaces and doing it "for pay" purposes. Mr. Dorling stated then that sets a precedent that the next guy that has required parking spaces potentially could lease out his parking lot and make some change. Mr. Goodlett stated they will paint SunTrust on every space with the exception of the 18 and if at any time anyone is in that space that should not be it is clearly delineated between ability to pay and banking. Mr. Goodlett stated as people come in they will be given a ticket they go into the bank and it gets validated they bring it back out. If they say they are parking for the bank and they do not have a ticket when they come that has been validated then we know they have incorrectly parked. Ms. Tustin stated if all 100% of the clients were charged it would not be allowed. Mr. Dorling clarified that the 18 spaces would not be available but the balance of those spaces would be available for the bank clients. 14 02/15/11 The City Manager stated he concurs with Mr. Dorling that he does not think we can realistically enforce it; however, it is in the bank's interest to have it work that way. parking. For clarification, Mayor McDuffie stated non-business hours only pay for The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes.) Mr. Eliopoulos moved to adopt the Board Order subject to the nine (9) conditions listed in the staff report, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR VALET QUEUE/PINEAPPLE GROOVE: Consider a request from Pineapple Groove, located at 19 NE 3rd Avenue, to establish a parking valet queue in the Railroad Parking Lot. Scott Aronson, Parking Management Specialist, stated Pineapple Groove is located at 19 N.E. 3rd Avenue within the railroad parking lot. Mr. Aronson stated the property in question was formerly the Hand's Stationary Warehouse and it was converted to a club (City Limits II) in downtown and has not been successful and has now been taken over by these other owners Pineapple Groove. The applicant is requesting the establishment of a valet parking queue in the lot similar to City Limits but they are not being similar to and they are using some different options. Mr. Aronson stated the original queue with City Limits was six (6) spaces on the western side of the parking lot adjacent to the FEC railway tracks. The six (6) spaces used by City Limits caused some traffic delays during operating hours as the spaces were maintained perpendicular so cars had to pull in and the valets had to pull out with the traffic up and down 3rd Avenue. He stated Global Parking Service, Inc. representing Pineapple Groove has suggested that if they were to use the spaces along the track they would take nine (9) spaces and with the use of traffic devices they would have traffic coming in and leaving the queue in a forward motion (Option A). Mr. Aronson stated Option B is the nine (9) spaces along the north facade of the building and these are currently angled spaces and is likely a less traveled artery of the parking lot which would be less traffic and it would maintain traffic flow on the north south artery. Mr. Aronson stated Global Parking Systems also manages the valet queue for Gol a Taste of Brazil on the Avenue and they have another parking lot to the north on 4th Avenue. He stated the MacMillian Law Firm also has spaces across the street on 4th Avenue and Pineapple Groove has secured one-half of that parking lot (23 spaces required for the conversion of use). Mr. Aronson stated at this time the valet has not contracted for the other lot because they are going to see how business runs with the two that they already have and if needed they can go back to the law firm if shown that they need the spaces. 15 02/15/11 Mr. Aronson stated this item was presented to the Parking Management Advisory Board (PMAB), Downtown Development Authority (DDA), and the Community Redevelopment Agency (CRA) who all recommended approval at their respective meetings. He stated there was concern expressed at the PMAB meeting about pricing of the valet and what has surfaced recently as parking has become more expensive at these valets. Mr. Aronson stated in his presentation the applicant indicated he would be charging $5.00 Monday-Thursday; Friday-Sunday would likely be $10.00 and valet would be after 5:00 or 6:00 p.m. Staff recommends approval and noted that the nine (9) spaces at the current $100.00 per space west of the Intracoastal Waterway will generate an additional $10,800.00. Mr. Eliopoulos moved to approve the request for valet queue for Pineapple Groove (Option #B), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote. 9.E. GRANT APPLICATION/FLORIDA COMMUNITIES TRUST FCT : Consider authorizing submission of a grant application to Florida Communities Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US 1 Corridor) with matching funds to be included in the FY 2012 Capital Improvement Plan. Linda Karch, Director of Parks and Recreation, stated this item is a request for authorization to submit a grant application to Florida Communities Trust for the acquisition of three parcels surrounding the 505 Teen Center and Skate Park between S.E. Sm Avenue and S.E. 6m Avenue (US 1 Corridor) and to approve matching funding in the upcoming 2012 Capital Improvement Plan. Mrs. Karch stated the Parks and Recreation Department is preparing a grant application to purchase these properties which formerly housed the Greyhound Bus Station, an auto collision body shop and a restaurant (already demolished) and have been sitting vacant for some time, presenting an eye sore to the City. Mrs. Karch stated staff is proposing to acquire and develop the land and transform it into a neighborhood park and recreation center and proposing to renovate the existing Greyhound Bus Station into a recreation and nature center to provide education, recreational, and environmental programming for the residents in the community. Mrs. Karch showed a design of the proposal that staff is submitting to the Florida Communities Trust with the features that if the City receives the grant application we would be required to install (i.e. gazebo, playground, play climber, fitness station, '/z mile walking trail throughout the area, native growth and plants throughout the entire property on both sides of the teen center, butterfly garden, a kiosk, fitness station. Mrs. Karch stated there would also be benches, a water fountain and they would extend the existing skate park because it is small for the amount of people that are using the skate park. She stated they would also redesign this to add additional parking spaces in the north area, and they would have an open seating area. Mrs. Karch stated the asking price is $2.3 million from the three owners of these lots. The grant application would include a 40% match from the City and last week staff went to the CRA because this is located in the CRA district and they agreed to fund half of that purchase if the City is approved for 16 02/15/11 the grant. Staff requests that the City fund half the grant which would be $461,000.00 for all three properties. Mrs. Karch stated the funding match would not be required until next fiscal year. Mrs. Gray asked when the grant application is due and how long after that will we know whether we received it or not. Mrs. Karch stated that since property is involved they would let the City know fairly quickly; however, there has been some concern that Governor Scott may not fund these grants in his new budget. Mrs. Karch stated once staff submits the grant application we should know fairly quickly. Mrs. Gray asked if an appraisal has been done. Mrs. Karch stated they would do an appraisal and the FCT would only fund the amount that the appraisal was worth. Therefore, Mrs. Karch stated if the asking price was higher than the appraisal, if we wanted to still purchase it, we would be required to go up to the asking price because the FCT will only give you the funding for the appraised price or negotiate. Mr. Fetzer stated he supports the grant. Mr. Eliopoulos stated he supports the grant as well. Mr. Eliopoulos stated the City may want to sell it and noted this is along-term smart investment if the grants all come through. resale. Mayor McDuffie inquired if the grants have any caveats in them about Mrs. Gray stated this will need parking whether the grant is approved or not because that area is very congested. Mayor McDuffie stated from the standpoint of what it does for South Federal Highway and the kids, it is awesome. He stated this would be a tremendous property to begin to cure some of the blight that is on South Federal Highway. Mayor McDuffie stated he too supports the grant. Mr. Eliopoulos moved to approve the grant application to Florida Communities Trust (FCT) for the acquisition of three parcels, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor McDuffie welcomed Troop 304 to the City Commission meeting. 9.F. CONSULTING SERVICE AUTHORIZATION 06-10.2/CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of Consulting Service Authorization No. 06-10.2 with Currie Sowards Aguila Architects in the amount of $27,000.00 for Phase H construction drawings for the Pompey Park Concession Building. Funding is available from 334-4127-572-62.10 (General Construction Fund: Buildings). 17 02/15/11 Richard Hasko, Director of Environmental Services, stated at its meeting of December 7, 2010, the City Commission approved the first phase of the design of Pompey Park concession building reconstruction. Mr. Hasko stated during the discussions because of the differential in available budget dollars and estimated costs of the scope of the entire building, staff recommends a phased approach with the first phase rehabbing the first floor this year and programming dollars for the proposals for the second floor. After discussion, the City Commission directed staff to do the entire project at one time and potentially approach the Community Redevelopment Agency (CRA) for $200,000.00 that was obligated in their budget for parks and the southwest area that potentially could be re-designated to the northwest area and could qualify for this prof ect. Mr. Hasko stated after lengthy discussion the CRA voted to loan the City the $200,000.00 for a three (3) year period. Mr. Hasko stated staff has provided the Commission with a list of six (6) alternatives for approaching this project ranging from the acceptance of the CRA proposal of a loan through falling back to Plan A and just doing a phased approach or pursuing grant funding, etc. or postponing the project until next year completely when we can plan for the additional funds needed. Or, as a 6m alternative, look at deferring five projects that are currently in the CIP to next year and use that funding available ($210,000.00) to go ahead and do this entire project. Staff recommends approval of Phase Two Service Authorization for Currie Sowards Aguila Architects and the deferral of five (5) projects in the current year's CIP to next year breaking those dollars loose to fund this entire project. Mr. Eliopoulos asked how many ball fields does the stand serve. Mr. Hasko stated this serves three (3) ball fields. Mr. Eliopoulos stated he supports restoring this building but the big debate at the CRA meeting was the debate on accessibility (ADA). He stated it is the City's obligation to provide for the handicapped but believes there are different ways you can accomplish designs without having to go to the expense. Mr. Eliopoulos stated with regards to the drawings and if in fact there are no other alternatives then he supports getting the drawings done for Phase I and Phase II. He stated he supports the upstairs and doing the elevator and feels Phase I is the most important thing. The City Manager stated there is no problem with deferring these five (5) projects; two of the projects will not be able to get done this fiscal year and the others you are really only talking about a 3-4 month postponement. Mrs. Gray stated she attended the CRA meeting when they had the lengthy discussion about this and the CRA had actually two parks that they planned. Mrs. Gray stated she asked Ms. Colonna if she had identified those parks and whether or not they would get done this year so she was really surprised when the CRA said they were not going to do it and they said they were going to ask the City to borrow their own money. Mrs. Gray asked if you can see these fields from the press box. Mrs. Karch stated you are not able to see clearly through those windows. Mrs. Karch stated the Little League came to the City and requested a better area upstairs and a room where they could be comfortable and hold meetings, etc. while there are activities on the field. Mrs. Karch stated the room is currently not conducive to the kind of environment that you want to be 18 02/15/11 sitting in all night long every night of the week. Mrs. Gray stated she has been to meetings upstairs and it is not a good meeting area even for just 6-7 people. NIr. Eliopoulos stated he is not a believer in promoting meeting space on a second floor because it promotes accidents. He stated he was not a big fan of expanding that area but concurs it definitely needs to be renovated. Mrs. Gray stated she supports Option #6 to defer the five (5) other projects to fiscal year 2012 to free up funding for completing both phases in the current budget year. Mr. Fetzer stated he too supports Option #6 of deferring the other prof ects. Mayor McDuffie stated he is favor of Option #6 as well. Mrs. Gray moved to approve the Consulting Service Authorization 06- 10.2 with Currie Sowards Aguila Architects Option #6, seconded by NIr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie - Yes; NIr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE PARHING MANAGEMENT ADVISORY BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management 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). NIr. Fetzer stated he would like to defer his appointment to the regular meeting of March 1, 2011. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment to the regular meeting of March 1, 2011. At this point, the time being 7:59 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 03-ll: Privately initiated rezoning from Agricultural (A) District to Professional and Office District (POD) fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. If passed, a public hearing will beheld on March 1, 2011. The caption of Ordinance No. 03-11 is as follows: 19 02/15/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY zoNED AGRICULTURAL ~A~ DISTRICT To PROFESSIONAL AND OFFICE (POD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 360 FEET WEST OF HIGH POINT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately initiated rezoning from Agricultural (A) District to Professional and Office District (POD) fora 2.09 acre vacant parcel located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. Mr. Dorling stated this rezoning is to accommodate the future site of the Spodak Dental Office Building. The proposed rezoning is consistent with the underlining land use designation of transitional which anticipated conversion of this agricultural use to future office uses. At its meeting of January 24, 2011, the Planning and Zoning Board held a public hearing in conjunction with the POD rezoning request. No one from the public spoke either in support or opposition. After discussing the proposal, the Board recommended approval of the rezoning request with a 4 to 0 vote. Staff recommends approval. Mrs. Gray moved to approve Ordinance No. 03-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:03 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. ll.B. From the Public. None. 20 02/15/11 ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated Pauline Moody had complained about observing an unknown taxi driver urinating in public at the Tri-Rail Station. He stated staff found one report of that in the City's CAD system. The City Manager stated our POP (Problem Oriented Policing) Unit had attempted to get "No Trespassing" signage posted at this location working with the South Florida Regional Transportation Authority in November 2010 and was temporarily shelved as the Authority wanted additional time to conduct research by their legal department. The POP unit conducted a lighting survey of the property and found it to be adequate. The City Manager stated in 2010 the City received 67 calls from service related to Tri-Rail and the majority of those being petty crime and traffic issues. The City is providing extra patrols in the location. Secondly, the City Manager stated he sent an email out today to give the City Commission an update on Deck 84. He stated there is going to be a meeting Thursday to discuss several locations downtown where the City is having noise issues and the best way to deal with them. The City Manager stated there will be a meeting between the Police Department, Cathy Kozol, Police Legal Advisor and Code Enforcement to work out a joint approach in dealing with those issues. The City Manager stated two meetings ago Mr. Mario Danielle expressed concern over the traffic flow in the alley adjacent to his condominium and Mr. Hasko has figured out a way that the City can change the access from Mr. Danielle's parking lot from the east/west alley which has all the commercial traffic to the north south alley. The City Manager stated Mr. Hasko is going to get in contact with Mr. Danielle to see if that would be acceptable to him. The City Manager stated the City has changed the flow direction and instead of going west to east it is now going east to west. The City Manager stated staff believes this will work better for the valets and staff will try to get that traffic separated so that the commercial traffic is on the east/west alley and the residential traffic is on the north south. He stated staff believes that may solve the problem. The City Manager stated Mrs. Finst had expressed concern about the City communicating with businesses about the Business Tax Application and noted that the City does a lot of explanation of the City's rules and regulations when the applicant comes in to apply for a business tax. He stated many customers in a hurry to open their business would not welcome any delays such as requiring them to do a video. The City Manager stated the City continues to work on this but the problems that we have had with the Segways are not because of the lack of information, it is because they wanted to do their own thing regardless. Mrs. Gray stated on Sunday she was on the beach having breakfast and she saw 4-5 Segways on the east side on the sidewalk. The City Manager stated this will be addressed at the City Commission meeting of March 15, 2011. 21 02/15/11 At this point, the time being 8:08 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he is very happy to see that the City is continuing to see what we can do about the Deck 84 situation. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated this morning she attended a joint workshop meeting with the Downtown Marketing Cooperative (DMC), Chamber of Commerce and the Downtown Development Authority (DDA) and it was a good meeting. Secondly, Mrs. Gray stated Prep and Sports Super Bowl fundraiser was awesome and there was a diversified group of people there. Mrs. Gray stated this was a great fundraiser and she was happy to be a part of it. The City Manager stated the City received no complaints about either noise or traffic for this event. 13.C.4. Mayor McDuffie Mayor McDuffie stated he went out to Country Manors today and a man from Rochester, New York refurbished one of the units and raffled it off to two young ladies who will be given the unit. He stated there was also a film crew there and he congratulated all the subcontractors who helped work on it. Mayor McDuffie stated they are working to see if they can get this sponsored by Lowe's and continue this practice in this area. He stated whether or not this ever makes television he does not know, but if it does, it will be great to show off the subcontractors that worked on this. Mayor McDuffie stated if it does make the airwaves, it will be tremendous publicity for Delray 22 02/15/11 Beach because the man was incredibly complimentary about how his process through approvals at the City was facilitated by us and what a great j ob the City of Delray Beach did in supporting his project. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:12 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 February 15, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 23 02/15/11 :.FARM 8B M~~ORANpUM .t~.~' VQTiNG CQNFLICT FOR C~IJNT~,`~LJNlCtP;AL ANI] ETHER L~~AL PUBLIC (~F~'lCERS LAST' NAME--F[R$T NAk41E-N110DE.E NRNfE Elio aulvs, ~a~y NAME pF 80At~0, COUNCIL, COtu1M1SS10IV, AUTHORITY, OR CDI41M1TTS6 Delray beach C~.ty Commission MAILING AEIORESS ~QS I.i'eOY 0 ~iti8~]' ~iOlI.1QVr7.ra ~ THf~ BOARD. COUNCIL, COMMISSIRN, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNrr oF: . GITY COUNTY ~cl'rY i=tOOUNTY ^OTI~fERLOCA4ACrENGY Delxay.Beach, Florida 33444 Palm Bea'eh NAMEoFPOEITIGAt.3tJ8DiVI510N: Cit of I3 Z B OATS ON wHlCli VOTE OCCURREl7 y e ray each 2 ~ ~~ ~2f}~. ~. MY POSITION fS: ~ ELECTIVE p APPOINTIVE VIIHO MUST FILE FORM $B 'Phis form is for use by any parson serving a# the countyy, c'sty, or other local level of gnvemment on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest'under Section 112.3143, l=iarida Statutes. Your raspansibilities under the taw when faced with voting on a measure In which you have a conflict of interest will vary greatly depending an whether you hold an elective or appointve pnsf#ian. For this reason, please pay close ai#entlon to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR CAMPLtANCE WITH SECTION 'E'12.3'143, FL©RIDA STATUTES A person balding elec#Eve or appointive county, municipal, ar other (acaf publfo office MUST AE3S'fAtN from vattng an a measure which Inures to his or her special private gain or loss, Each elected or appointed lacaf officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain ar Iris of a principal (other than a ~govemment agency) by whont he or she is retained (Including the parent organixa#lon or subsidiary of a corporate principal by which he ar she is retained}; to the special private gain ar loss of a relative; or to the special private gain or loss of a business associate. Gammissioners of community redevetopmen# agencies under Sec. 163.356 pr 183,357, F.S., and offrcers of independent speclal laic districts elected on a one-acre, one-vote basis are not prohibi#ed from voting fn that capacity. For purposes of this taw, a "relative" lnoludes only the officer's father, mother, sore, daughter, husband, wife, brother, sister, father-in-law, mother-In-law, son-in-law, and laugh#er-ln-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with~the of#icsr as a partner, joint ven#urer, coowner of property, or corpora#e shareholder (where the shares of the carpora#fan are not listed an any national or regional stock exchange). fir • + • a • # i k i • A 4 # t a ELECTED QFIrICERS: ~ fn addition to abstaintng from voting in the si#uatlons described above, you must disclose tin® oonfilct: PRIOR TQ THE~ VgTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN #5 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the form in the minutes. APPQINTED (7FFICERS: Although you must abstain tram voting in the situations described above, you otherwise may participate ire these matters. However, you must disolose the nature of the conflict before making any attempt to influence the decision, whether orally ar In writing and whether made by you or of your direction. If' YOU #NTEND TO MAKE ANY ATTEMPT TO iNFL#1ENCE THE tit=GISION PRIOR TO THE MEfrTING A7 WHIGH THE VOTE WILL 6E TAKEN: • You must complete and fife #his form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who wffl incorporate tine {arm in the minutes. (Continued on other side) Ci= FORM 89 - EFF. il2000 Item 13.A. =Item 9.A.A. PAGE 1 w APPOINTED OFFICERS (continued) • A copy of the farm must be provided immediately t6 the other members of the agency. . • The farm must be read pubiiciy at the next meeting after the farm is tiled. ~ ~ ~ ~ . iF YOU MAKE NO A71'EMPT T4 iNl=LUENCE THE DECISION EXCEPT BY DISCUSSION AT THE Mt^ETING: Yau must disclose orally the nature a€ your conflicE in the measure before partlcipaiing, Yau must complete the farm and file ii within 75 days after the vote occurs with the person responsible for re>;ording tiie~minutes of the meeting, who rr~usi incorporate the form In the minutes. A copy of the farm must be provided immediateiy to the other members of the agency, and the farm must be read pubiiciy at the next meeting after the farm is filed. D15CLOSlJRE OF LOCAL OFFICER'S INTEREST I, Gar Elio oulos ,hereby disclose that on February 15 , , ~~ ~ _,,, 20 ~_: ~E ~t~e.>°IIT~~.TUt2~ Iht~.) (a) A rrteasvie came or wilt come before my agency which (check one) Inured io my special private gain ar kris; 1~ inured to the special gain or toss of my business assaCiate,_ ~ , „,, _,~_ , .. ~,,,~„ inured to #ha special gain or lass of my relative, inured to the special gala or lass of , by whom I am retained; or inured #o the special gain or toss of T„ ~ ,which Is the parent organization ar subsidiary of a principal which has retained me. i (b) The measure before rxiy agency and the nature of my cantlicting interest in the measEire is as follows; Architect on one of the lots. ~ - 2J1-5/2011 : ~... . Date Filed e NOTICE: UhEDER PROi(ISIONS OF FLORIDA STATUTES §172.3'I7, A FAI>_IJRE TO MAKE ANY I'tEQUp~ED DISCLOSURE CONSTITUTES GFtOUNDS~ FOR AN17 MAY BE PUN{SHEi7 BY ONE OR MORE DF THi; FOLLOWING: IMPEACFfMENT, REMOVAL OR SUSPENSI©N FROM OFF{CE OR EMPLOYMENT, DEMOTION, REI]UCTION IN SALARY, REPRIMAND, DR A CIVIL PENALTY NOT TO 1=XQEED $10,000. CE FORM 88 - EFF, il20DD PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMM1SSlON OF THE CITY OF DELRAY BEACH, FLORIDA WAIVERS REQUESTED BY 32 EAST ATLANTIC AVENUE 1. This waiver request came before the City Commission on February 15, 2010. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by 32 East Atlantic Avenue. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Sec#ion 2.4.7(8}(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d} does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Buildin Setback: (a) Front Setbacks. Pursuant to LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet ~(5'). The balcony posts encroach four feet, ten inches (4'10") in the setback area, and the attached high top counter areas encroach two feet (2') into this setback area. Should the waiver be granted for the front setback? Yes / No (b} Front Setbacks. Pursuant to LDR Section 4.4.13{F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'}. The two-story, arched entry feature encroaches four feet, ten inches (4'10") into this setback area. Should the waiver be granted for the front setback? Yes / No City Commission Meeting on February 15, 2011; Item 9.A. (c) Structures Allowed Within Setback. Pursuant to LDR Section 4.4.13{F){8)(a), balconies may encroach a maximum of four feet {4') into the setbacks. The proposed balcony is located on the property line resulting in an encroachment of five feet (5'). Should the waiver be granted for the second floor balcony to encroach five feet (5'} into the front setback? Yes / N o 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves / denies the waiver requests and hereby adopts this Order this 15th 2011, by a vote of 4 in favor and 0 o pose _ _.~ cj~ Nelson . McDuffie, Ma ATTEST: Chevelle Nubin City Cierk ebruary City Commission Meeting on February 15, 2011; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA DRDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVERS REQUESTED BY ADVANCED AUTO PARTS 1. This waiver request came before the City Commission on February 15, 2011. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by Advanced Auto Parts. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7{B){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} shall not adversely affect the neighboring area; (b} shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and {d) does not result in the grant of a speciaE privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Signs-Design Standards: Pursuant to LDR Section 4.6.7(E){7), one wall sign per business is allowed facing each dedicated street frontage and one free- standing sign per frontage in GC, AC, NC, PC, CBD, MIC, 1, POD, POC, and CI Zone Districts. The applicant has requested one free-standing sign facing a dedicated street frontage (S. Federal Highway) and one wall sign to be located on the south elevation facing the parking lot. In 1997, Video Annex was constructed on an outparceE, north of the South Delray Shopping Center entrance. The only access to the site is through the shopping center via S. Federal Highway. The proposal included two flat walls signs, one located on the west elevation facing a dedica#ed street frontage (S. Federal Highway), which was allowed by code and the other sign to be located on the south elevation facing the parking lot, which was not allowed by code. SPRAB agreed with establishing a Master Sign Program (at the request of the former occupant) (that included the owner's consent City Commission Meeting on February 15, 2011; Item 9.B. from the shopping center) and approved the flat wall sign for Video Annex at their meeting of September 3, 1997. Advanced Auto Parts is now the current tenant of the former Video Annex building and they wish to be considered as a standalone parcel, which would allow the monument sign and a flat wall sign along the west elevation that faces Federal Highway. The applicant has stated that existing trees block the west elevation and a sign along that elevation would not be effective. They prefer to place the flat wall sign on the south elevation over the main entrance to the business that is more visible which would require a waiver to the sign code. Should the waiver be granted to LDR Section 4.6.7(Ej(7j to allow the wall sign on the south elevation facing the parking lot? Yes / No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other compe#ent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves / denies the waiver requests and hereby adopts this Ord. is 1 th day of February, 2011, by a vote of 4 in favor and~~, opposed. ~ ~~~ S _. Nelson S. McDuffie, Mayor ATTEST: ('1~~0\ l\ _ -~J • \ y y Chevelle Nubin City Clerk ;~ City Commission Meeting on February 15, 2011; Item 9.B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW UNITED PARKING SYSTEMS, INC. TO MANAGE AND OPERATE A "FOR PAY" PARKING LOT AT THE CORNER OF EAST ATLANTIC AVENUE AND SE 3RD AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on February 15, 2011. The conditional use request is to allow United Parking Systems, Inc. to manage and operate a "For Pay" parking Iot at the corner of East Atlantic Avenue and SE 3r~ Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of United Parking Systems, Inc. All of the evidence is a part of the record in this case. Required findings are made in Sections l and II below. I. COMPREHENSIVE PLAN A. Future Land Use Map: The subject property has a Future Land Use Map (PLUM) designation of CF (Community Facilities) and a zoning designation of CF (Community Facilities). The CF zoning district is consistent with the Community Facilities Future Land Use Map designation and the proposed use is listed as a Conditional Use in the CF district [LDR Section 4.4.2'1 {D)(5)] Are the requirements of the Future Land Use Map met? Yes / No B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes / No 1 City Commission Meeting on February 15, 2011; Item 9.C. C. Consistency: A find`[ng of overall consistency must be made with regard to the following: 1. Future Land Use Element Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: • Deletion of inappropriate uses • Incentives for locating retail on the ground floor with office and residential use on upper floors • Accommodating parking needs through innovative actions • Incentives for dinner theaters, playhouses, and other family oriented activities • Allowing and facilitating outdoor cafes • Incentives for mixed use development and rehabilitations • Elimination of side yard setback requirements • Allow structural overhang encroachments into required yard areas Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes / No ii. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)[5} be met? Yes / No B. Parking Requirements: Pursuant to Section 4.4.13{G}{1){g), the parking requirement far business and professional offices within this area of the CBD is established at one (1) space per 300 sq. ft. of net floor area. Based on a net floor area of 28,840 square feet, a total of 96 parking spaces are required. Sixty-five (65) parking spaces are located on-site {behind the bank) and an additional for#y-nine (49) parking 2 City Commission Meeting on February 15, 2011; Item 9.C. spaces located within the subject off-site lot for a total of 114 spaces. Thus, a surplus of eighteen {~ 8) parking spaces are provided. The subject of the conditional use reques# is a parking lot that is a part of the overall SunTrust National Bank complex located at 302 East Atlantic Avenue and is designated as required parking for the SunTrust Bank building. The overall parking lot is improved and contains a total of 49 parking spaces. However, of the 49 total spaces, 42 parking spaces are located wi#hin the limits of the subject area (i.e. the North 199 feet} and is the subject of the conditional use request. The parking lot is accessed from SE 3rd Avenue via the parcel located at the south end of the site {i.e. the south 51 feet). United Parking Systems, inc. proposes a 24-hour public "for pay" parking lot available for the public and bank patrons. The commercial parking lot will be operated where vehicles are self-parked with a parking ticket issued by an attendant who will be on-site during operating hours. Bank customers will no# be charged if it is validated by the bank. A portable attendant podium is proposed within a landscape node mid-point within the parking lot. Nat other physical improvements are proposed on-site. The dual utilization of bank vs. non-bank customers creates concerns that required parking will not be available for bank customers during regular business hours {overutilizatian by non customers utilizing the parking lot on a pay basis). As such, it is recommended that the commercial "for pay" parking lot operates during non-business hours only. There are recommended conditions of approval attached as Exhibit "A". Are the requirements of 4.4.13(G)(1)(g) met by allowing the conditional use of a "for pay" parking lot at the corner of East Atlantic Avenue and SE 3r Avenue subject to the conditions enumerated in Exhibit "A"? Yes / No 3. The City Commission has applied the Comprehensive Plan .and i_DR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the conditional use application subject to the conditions attached hereto in 3 City Commission Meeting on February 15, 2011; Item 9.C. Exhibit "A" and hereby adopts this Order this 15th day ofi February 2011, by a vote of 4 in favor and 0 opposed. TTEST: ~~ ~ ~ r he~elle Nubin W~.~ City Clerk Nelson S. McDuffie, Mayor 4 City Commission Meeting on February 15, 2011; Item 9.C. EXHIBIT "A" Conditions Related to United Parking Systems 'I. That the use as a commercial "for pay" parking lot is restricted to "non-business hours" for the businesses locafied within the SunTrust Bank Building. 2. That the parking spaces located within the South 5'1 feet of the parking lot are excluded from the commercial "far pay" operations and signage denoting that those spaces are reserved only for the customers of businesses within the bank building is provided. 3. Approval of a site plan modification by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report. 4. That additional lighting fixtures are provided and a photometric plan verifying compliance with City's average, minimum and maximum standards of Illumination Levels and Uniformity be provided. 5. That all existing landscaping throughout the site be upgraded and replenished as identified under the landscape section of the Planning and Zoning Board staff report. 6. That the site visibility triangle be noted on the site and landscape plan. 7. That the location of the proposed attendant's podium be noted on the site plan. S. That a landscape maintenance agreement be executed to allow the landscape encroachment within SE 3`d Avenue right-of--way. 9, Three additional handicap parking spaces must be provided either wifihin this parking lo# (west side of 5E 3`d Avenue) or wifihin the parking lot to the rear of the bank building. 9 City Commission Meeting on February 15, 2011; Item 9.C. WHEREAS, the Church of the Palms, a United Church of Christ denomination, was chartered on March 5, 1961 by eight-five (85) church members; and WHEREAS, they have been involved in enriching the life of our community for 50 years through spiritual support, and religious faith development through numerous city-wide mission outreach projects like Alcoholics Anonymous (AA), Al Anon Support Groups to help family and friends of alcoholics, food collection for the Caring Kitchen, Forgotten Soldiers, Linus Blanket program, girl scout troop, clown organization, afterschool snacks to public schools and Delray Beach Kids and Cops Christmas Toy Collection; and WHEREAS, since 2005, hundreds of "Comfort Dolls" and prayer shawls have been distributed locally and abroad to console children and women in need; and WHEREAS, Church of the Palms participates regularly in the beautification of the City through the Delray Beach Highway Clean-up Program; and WHEREAS, they are engaged in cooperation with other religious communities and organizations throughout our city; and WHEREAS, Church of the Palms has extended the compassionate reach of our community throughout our county, state, nation and world with several mission trips to Haiti, Brazil and Kenya. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 5, 2011 as: CHURCH OF THE PALMS DAY in the City of Delray Beach and urge all citizens of Delray Beach to recognize the Church of the Palms on their 50th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 1St day of March, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, in 1973 Susan Berkowitz-Schwartz MI'S, ATR BC, established All People's Dayfl, as a multicultural program that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and WHEREAS, the theme of All People's Dayfl is "Discovering Our Connections" because throughout the warld, and even in our own nation and schools, there have been tragic incidents involving people who are different; and WHEREAS, All People's Dayfl gives people, of all ages and walks of life, fun and creative ways to explore positive connections through educational programs that teach about diversity through the arts and festivals which showcase diverse entertainment, goods and foods from many countries for sale, as wEll as booths which feature craft malting, interactive games, and workshops that connect us through the visual, dramatic, and language arts; and WHEREAS, it is projected that by the year 2050 European Americans will no longer constitute the majority of the United States population, and people from different cultures will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are: awareness, understanding, and acceptance. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 22, 2011 as: ~l LL ~~O~L~'S ~~lY® in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1St day of March, 2011. MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 23, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 REQUEST FOR SIDEWALK DEFERRAL/921 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 921 South Ocean Boulevard. BACKGROUND The subject property contains 1.73 acres of vacant land. It lies within the Ocean Overlay District and is located on South Ocean Blvd, on the east side of State Route AlA, between Hibiscus Rd and Bauhinia Rdat 921 South Ocean Boulevard. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to construct a new two-story single family residence with a cabana building. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way. No other sidewalks exist on the east side of South Ocean Blvd (State Route AlA). At its meeting of January 13, 2011, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along South Ocean Boulevard at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer construction of the sidewalk along South Ocean Boulevard for the property located at 921 South Ocean Boulevard. Ix., t~ri:rrr !nit City f\tt~une+ . OIfice :jou ~~a.1~ . ~4 ~~~,,;~~~,;~ Dclr~g ncaeh, Plc,ri<Isr ~3~~~a,{ ~;ti~;t~;'r~~.C,S~ l1V~F'I~t,~~t~~'r ti;i,'"1';~~ ('(I1`, 1\CrTZl;k;f~~f1::N'I' c;nteretl intro tlii~ c(~r}r u~f' "~O''_. I~~~t~e'~>~~~^u tlz~~~ C;it~~ c7t' 1)c,lr~t~5' 13e<rr..h ({~i~iF;ita~rtt~:r the (;it.y) and _-- ___-_ -((tr..rcinaflei~ tl~ O~a~urxs'), for tl~te, ~,r.trpos4r tz(" ~--vstivin~~ tlt~:,~ rr.~Cuiret~r~ettt ~f the in.>tttllatirm ui~ ~~ side~~~<~Ih al<;nu'~ rEntil ~~.tE~h tirrre as Che C ity r~;r.ltu°sts tl~ie ~~.r.,nstruc•.ticm at the sicleti~~~all< 1~7ti~ the Usvn~:,r. b~'J-1G(~~~1~~~, L~t~td I7evr,,lo7~tnt,r~t I2~~~nlt~tic~tt `~t~,cti~n fi.l.'3(C;) t~et~uu~ra the installt~(ion of~tt sicle~ti~~~l4t, ~r%ithin tlu _rr. ~:;"~_~' _ _ ~ ri,L;;lrt~c~t=~t~st~,~ ~inur~ediateh+ t~1buP ink the Su(>jc,c~,t ~:rrc~~~c_a~i}~, (a}'the C)tti~ner ~~rior to th~~ issuanr~~~ n~~n c.A~rkifir.•att.• ~7Pac~~~tr~~ara~.y; and, 1Gtl-II~,I~Ia,r1~~, tln, C7wn~,rs E~~a~~c re~~ucstc,rl t~ ti~~~~i~~er {i•an'i tl~c rer~uirE:rrieni ofthe itr.5lf~rllatie~n o(~a ~,ide~~~~i(h htn~a>uant tt:r L,<tnd 1:~)F~~~~~Itxpnit'~rt f~c,~~,ul~rlic~tX >r.x~tir~~n 6.1.3(D'}(7)(h), ttnd, ~V'I11~1~1~~~~~, in c~rtle°r to E~rc~wicl4; t,onfot`uu(}= alorr~, list: street the (,ity~ C'~~tnnris,it~m voted tG7 ~W£U1°i"~ t~iv'. Y('C~U'fl't.'11l(3nt ~C)I' t~lf'. I11Still~.21t[017 O~ a. SI(~l;1Vei~~~ L117t11 ;~litl~l tlt7lk; il`i t~lf.' l,'Jt)~ 1'C;C~Ot'St:,i th4°, ~.}45'n('1~ t.:CYiltitrLfCt tit'' Sl(:~f;tiV'cti~C. i', a; ~: I of ? ~~~. ~ ~~~ r~l ~.; ,~ :~~ r:.l. - i ~iwlC7\~~'. 'I~I I F;lll',fC)l~l~, iri witut°t,:, ~>F lhe~ tibo~ e and iu 1.'~.insir„ik'rrti<>I7 «f dl~ (_ it~yr til}~.rl ~°ins to wai~~l~ Che rr°duireli~ent tcic dlc installritiori crf<I rids°~ti~all<, ~~t tl7iis tiln~;, fc~r Cl~ii~ C~r<~~~~.,rty 1~7cG1CCC~1 ~~t; r~s.~ ~ ~ ~ ~.'~~.TOy~.,. .. ~. ~ i1C :1`,`.'ilt'I~ fl fi;P,} tp CCN1Stl'llC;t a S!(:i~ ~.%'tl}~. ~~ If5 S<)lc~ (~'Uyt anri ~"tli~:n5f', i11(711~; d1e ` _ _ rif,lil~~~cit-~~~a;~~ al~uttin~ the' ;;ul~jt:.ct prolrert}-, within ~ time ~74~ril~~cl dial i<, ac;cel~tal~le to tht~, City, after being rluciuested tl~ cio sc7 b}~ the City. The sitlewall<, whel7 ccrustruc;tecl, shall reel. all ol" d7c: current cirt(ni~lnl:,c~~ cif (he; C;it~P of L)t:~h'I~ry BetCCh. ">. It is tlri: irrtcrlfi t7f thr pln'ties tl7ai this A~,re~esn~enl shall run ~~~itf7 the land. 7~'l~is At,reen7cnt sl~iall be recc7rcletl in the pttkrlic recart~ls of I'ttlCn 13 each C':ouut7~, Flr7rid~t Iliicl shall (~7e blllthn~ OI1 fhe 17a1'tleS le~Cl 1'( ~?1"eSelltatCVBS, heu'S, SllC;c'c'SSOrS ~#nCl iiSS1~115. 1N W l"I`T~(13 ~ ~UHERLOI~, tht~ parties tt~ ibis a~,reeineut set their hands ant) seals [his clay o1' , Zt7 A'1 "I'i.S"I . C.it~P C;lerlc la,pproved as to fi7rm ,end sufficient}~: C'it,y~ ~lttornl'a}, C'1'I"Y Ut' i~)LL;RAIF f31AC;I-(, hLC7RlDA r~~ ~vlay~,' ~._~.., _ 1'y; -- ~ d B (i'le~n.yt type Gn print namr:) . . ~ _~ ~,_ {~~ ~ ~__ (Please ly~pe or print name) ~....... ~~Tr'+'T'>"• OF l~l:f~)l~I~, M_l_ persc~nGrll~ ai~~p~~r~cd ~~ ~~ - ~. ~ m~~,.~m who ~'i~~~[<~re~ pa'ISO1LI~i~ ~ji"n~~~`Ft I(~ 111t C)r~~~1c1M°~ ~~{3z'T r ~~j3P'C~~-~~It~ ~_{ ~~ ~--._.._ _...-"~~'~~~il(~ ~~~...t,~~p~ct~i~~~~(,~] ,~s ~lc;~tili ~.~ii~.an, and ~~~ho exccut~d the fc~i•c:f~r~iia; .._.... uTStru~T~cut..,~u: acl~iTUtivled~ed before nTe That ~hr,] [sl~e;l [they e;~:c~:nteia solid i~~struu~ent for the pu~•poses ~~~:prese~i thereirT. 4`~~1Ti~,iES~~ iTTy hand aiTd ofrcial seal this ~ ~ ~°~`~ daV of _ 2(7 if l~~ly commission exph~~s; ~ ., '_ ~ _-- TVc3t~icy 1'ul.-,lic (si«natur~~) (Seal) ~~~„ `y~~pv~p~~". _. NY CC~oN ~; ~ MY CUMMISSI~TN # EC Q2A170 .'i~;'~f,~pk;~` Qnnd dThru~PdotatyPub0lcUndnnvrilers A. '. ugUsiulc~~ml{; dc(errnl a~r~enn~nt l'qe~: i of 3 Jain, 1!). 2011 10,4$ANi prepared by l hozrzas U, ~rranar 399 W, Palmetto Park lZaad, Suite 100 l~oca Ratan, I;L 3343 I T T~ ~1~ E Xr`VV~I~. ~' ATE ,~`~ Na, 3201 P, 2 IG'~~'l1~~V l;~~I17~(~~ `~ TI-IIS;,S +" ~ ~~~d'Zt'S, which are intended to constitute a Y.imited General Power of Atiorr}ey pursuant to SGCtion 709,08, Flotrlda Statutes, TI-I,4`I' I, peter Devine, as Manager of 9~1 Soazth Qceatt Boulevard, LL,G, a I~ela~ve limited liability catnpa~xy, hereby make, oon~titute and appaizat Thamga U, Graver, as my attorney-in-fact T(~ ~,t:,+'T' In my zaazne, place and stead in ar~y Way which I could da, if I wane per°sanally present, tp the extent that T am pezanitted bylaw tea act thraztgh aaa agent: (a) to deal with all matters relating to the hiriz7g of oon~ultants in annection with the property located at 9~ I South Qccatt Boulevard, I)elz"ay Beach, Piorida; (b) to er-ter the real property looated at 9~1 Scjuth Ocean I3aulevard, Delray Beach, Florida and to eacecute, acknowledge end deliver all cazatracts, agreerrrents, extensions, satisfactions, releases, waivers, consents, and arty other agreeznezits, writings and instrurrtents o~ any nature aft'eoting any the property, as my attorney-impact may deean necessary or appxopriate; This power of attorney is a durable powet~ o£ attorney, and it shall not be a~'fected by my beaming disabled, itzoo~petont or izxcapacitated or the lapse of time, except as provided in Sec- tion 709.(18, Flozlda Stahztes. It is my intent that the authority conferred herein shall be exercisable notwikhstanding my physical disability or mental incompetence, To induoa any third party to act hereunder, l hereby afire®that any third party receiving a duly executed copy oz" faosiznlle of this power ai" attcaxney may act hereunder, and that revocation or termination hereof shall be ineft'ective as to szach third party unless and until aotual notice or knowledge of such revocation or partial or ccaarzplete termination cif dais power of attorn®y by adjudicatiata of incapacity, srxspensian by initiation of proceedings tea determine incapacity, ar nxy death shall have been received by such third party in accordance with the requirements of Section 709,08(5)(b), Flpxida Statutes. I, for za7yself aztd ttty heirs, executors, legal repzeeentatives and assigns, hereby agree tc indemnify and hold harmless any such third party from and against any and all olaims that may arise against such Hurd party by z"caspn of such third party having reliet3 upoaa the provisions of this power of attorney, _~~~ Jan, iG. 2011 10:4GRM No, 3201 P. 3 ~ `~I~"Nti~~ ~' C1~, I leave execut~ci tluis pti~ver of atta~~-~y this 17'x, clay of ~ept~mbet, 2010. ~~ y 4YS~~~VLAh ~2I 'l7~'T~ aG~AN ~tr1~L~"V' , ~lr~ ~~C.JItiI'I'Y` OF F~AI=,iV1 ~:E,ACH " i',} 1 ~' IEEb2Ai7g ~~~ ,, ~~ .,. ,~~ ~~~~ ~„ r ~~ ,. „~r~iil.~~2 °, ~..h` ~ '° ~, /r~, i% ~ I ~, „ ~~r; .l ~ ~ , „s, , i,-% ~li~ ~ ,~ ,~uu~l ;. ~ 6 ;, ~~ 1 ~ ~ ~f~~,~:, ~~~~ ~~ ,, r , r , ~ ;i~ h .. ~ ~ ~,,r,, ~~, ? ,, , ~ ~~~ ~~ ,,.,, ~~ i ~ ~ ~~~~~ i I : , r . ~~ ~~ ' ~~ ,,, ~ , ~ J I ~ it/r ° IL ~,, ~ I . ~ u u~ r,' `„ ~. ,: ~~ ~ r i i~ ~ d ,~ „ ~~o ~ II ~~ /~ r s, III ' r ~ ., ~ ~~ y ~.. r~~- /„ ~ ~ ~a' ~ ,~ , I ~~ , ~r` ,~~ ~, y ~. ,.,, ~~ ~~~ ', a ~,, ~~ ,, ;,, ~,,.. _,: ,,,,~t ~- ,,.. ~ .~ ,; ~ ~ . ,,,, ~ ~~ ~~ .. ,, „ ~ ~ ,_ ~ I t, ,,, ,v ,. ~.,,~~; ~~ , ~,~ ;; ~ , „ .~ .. .,, s, ' ~,~ ,,. ,. ,, ~ ~~r , ~~. ,, , , , ~,~~,~, ,,; ~ ~,7 ~ ;; ~ ~ ,,,, ~ ~~~ a ~ ,,,~ r ., ~~ ~, ~~ ~ ~ '~ - ~„ ~, ~„ 1. ;;. ~ ~~~ ,, E ,, _ ',, „~, '~ ,r >, ., .` ..~,:, ,, _, ~~,:, ,f, ,,. ~ ~~ ,~ ~ ` r ...........,. ~ ~ '~' ~~; ~~ ~ ~~~~ ~ ~, ~ a PLANNING AND ZONING DEPARTMENT ~~eIL ~~~ ._ -- D/GITAL BASE A4AP SYS'TEA9 -- U:\AutoOAt7\Candi\921 S. 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N 8W MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 23, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 RESOLUTION N0.09-11 ITEM BEFORE COMMISSION This is before the Commission for approval of Resolution No. 09-ll to support the continuance of the prescription drug monitoring program authorized in Section 893.055 of the Florida Statutes. BACKGROUND Florida Statutes Section 893.55 outlines the state prescription drug monitoring program (which has not yet been implemented). Governor Scott has proposed repealing the program. The attached resolution opposes the repeal and supports the continued implementation of the prescription drug monitoring program and associated database. RECOMMENDATION Recommend approval of Resolution No. 09-ll. RESOLUTION NO. 09-11 A RESOLUTION SUPPORTING THE CONTINUANCE OF THE PRESCRIPTION DRUG MONITORING PROGRAM IMPLEMENTED IN SECTION 893.055, FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. and WHEREAS, Florida has a serious problem with the illegal diversion of prescription drugs; and WHEREAS, approximately 7 people a day die in Florida from improper use of prescription drugs; WHEREAS, Section F.S. 893.055 establishes a prescription drug monitoring program; and WHEREAS, the development of the prescription drug monitoring program database has been funded through grants and private funds; and WHEREAS, the continuing operation of the prescription drug monitoring program is estimated to cost $500,000 which is less than one one-thousandth of the state's overall budget; and WHEREAS, Florida is the largest population state without some type of prescription drug monitoring program; and WHEREAS, nationally Florida is perceived in a negative light for its proliferation of pill mills and out-of-state users flocking to Florida for the drugs; and WHEREAS, prescription drug monitoring programs in other states have proven successful; and WHEREAS, the Government Accounting Office issued a report as early as 1992 noting that prescription drug monitoring programs are beneficial; and WHEREAS, the diversion of prescription drugs is a statewide problem calling for a statewide solution; and WHEREAS, the Florida Medical Association supported the adoption of Senate Pill 462 in 2009 that established the prescription drug monitoring program; and WHEREAS, cities and counties are limited in their ability to prevent patients from traveling between jurisdictions to doctor shop and obtain multiple prescriptions; and WHEREAS, the prescription drug monitoring program would provide a tool for doctors and pharmacists to use to determine if a patient is doctor shopping or has purchased an excessive amount of prescribed drugs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach does not support the Governor's Budget Recommendation Conforming Bill, Office of Drug Control/Statewide Office for Suicide Prevention that repeals section 893.055 Florida Statutes. Section 2. That the City of Delray Beach supports the continued implementation of the prescription drug monitoring program and the associated database. Section 3. This Resolution shall take effect immediatelyupon adoption. PASSED AND ADOPTED in regular session on the day of , 2011. MAYOR ATTEST: CITY CLERK 2 Res No. 09-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 23, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 AMENDMENT NO.1/AGREEMENT WITH PUBLIC SAFETY CORPORATION ITEM BEFORE COMMISSION This item is before Commission for approval of Amendment No. 1 to the acquisition agreement with Public Safety Corporation for their CryWolf alarm software providing for reductions to software licensing costs. BACKGROUND At the January 18, 2011 Commission meeting, the Commission approved the acquisition agreement with Public Safety Corporation (PSC) for their CryWolf alarm software. The attached Amendment No. 1 provides for changes to the agreement to modify the number and type of licenses being acquired resulting in a reduction of $1,000 in license fees and a reduction of $200 in the second year license renewal, maintenance and support cost. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the acquisition agreement with Public Safety Corporation for their CryWolf alarm software providing for reductions to software licensing costs. AMENDMENT NO. 1 TO THE AGREEMENT WITH PUBLIC SAFETY CORPORATION DATED JANUARY 26, 2011 THIS AMENDMENT NO. 1 to the Agreement with Public Safety Corporation is made this day of , 2011, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City"), and PUBLIC SAFETY CORPORATION ("Vendor"). WITNESSETH: WHEREAS, the City and Vendor currently have an Agreement dated January 26, 2011 whereby Vendor provides the City public safety software; and WHEREAS, the parties desire to amend the Agreement dated January 26, 2011 to change the type of software licenses being purchased by the City. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: L Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revision. The agreement is modified as follows: Exhibit "G", "Annual End User Software License and Maintenance Agreement' shall hereby be amended as follows: 1. SCHEDULE A -PROVIDED SOFTWARE LICENSES 8~e--~1~ Two 2 Full CryWolf® Software Licenses and Web-based Module for Online Registration, CitizenBusiness Access and City Inquiry/Reporting functions -For installation on €e~ {4~ two 2 workstations and IIS Web Server. The licenses provide full time use on Personal Computer Workstations, telephone support (M-F, gam - Spm, EST, excluding holidays) and standard software updates. The Web-based Module is licensed as a "Site License" with no restriction on the number of users that may access the web pages. However, only one instance of the Web-based Module (web site) may be installed and hosted on a single web server with the exception that backup installation of the Web-based Module on another server (or servers) is authorized as long as there is only one operational version running at a time. 2. SCHEDULE "B" -SOFTWARE AND SERVICES QUOTE 3.3 Proposed CryWolf Licenses and Usages Based on the Delray Beach revised requirements, the Delray Beach Alarm Ordinance provisions and Delray Beach demographics, we are proposing a complete alarm management system comprised of e~-(~~ two 2 Full n°,-,~,;*w°,.;~~,-.,*;,,,,~n.,.,.,,°~* n,-„,.°~~;,,,. CryWolf® Software Licenses for installation on €e~-~~} two 2 Delray Beach workstations with a central (MS SQL Server) alarm database on a Server accessible by the workstations. We are also proposing web based citizen registration, citizen access and City inquiry/reporting functions. 5.3 Installation and Go-Live Preparation Deliverable: Operational System, accepted by Delray Beach Schedule: 3 - 4 weeks The objective of the Installation and Go-Live Preparation phase is to complete software installation, initial data capture and training to ensure that Delray Beach is ready to use the system for generating alarm correspondence and supporting (and/or generating) invoices. Live operation of the system, as evidenced by the CryWolf®-based mailing of correspondence and invoices to alarm users/owners and successful operation will demonstrate final Delray Beach system acceptance. This phase consists of five (5) major activities: • Install and test CryWolf® software. 8~e-~1~ Two 2 Full licenses (copiesy) of CryWolf® e~r-a will be installed on two (2) Delray Beach PC workstations PSC will conduct a final detailed review of the CryWolf® software configuration options, and tailor the Software as necessary to meet Delray Beach alarm ordinance and operational specifications; • Provide operational training -PSC staff will train Delray Beach false alarm system administrators and operators in substantially all areas of system configuration (and changes), and system operation. PSC will also train selected Delray Beach staff to use other Optional CryWolf® modules such as online functions, as required. The proposed Services include one (1) Administrator Training Session, one (1) End User/Operator Training Session, and one (1) 2 View-Only Inquiry training as described in Attachment B -Standard Training Sessions, Onsite training. • Assist City with Web-module implementation -Consult with City Web staff to install CryWolf web pages and link pages to CryWolf database and test web functionality. • Monitor system operation -PSC staff will monitor Delray Beach staff as they prepare for go-live operation. This will include processing several days of actual alarms, and preparing related correspondence, invoices and reports. • Cross-over to live production. 8 PRICE PROPOSAL 8.1 Delray Beach Florida Investment PRODUCT /SERVICE DESCRIPTION 1~~1AIN SERVICE LOCATION INVESTI~~1ENT A 1~~1OUNT Project Planning and Software Configuration PSC & Delray Beach $ 1,600.00 Interface Configuration and Testing PSC $ 1,200.00 Installation, Training and Go Live Assistance Delray Beach $ 6,200.00 Total Services Investment $ 9,000.00 Initial Software License Fees $ ~ 19,500.00 Web based Alarm Registration, Citizen Access & City Inquiry/Reporting 3 $ 3,850.00 Total Core Project Investment $ ~~~~ 32,350.00 Annual Software license renewal, maintenance and support. (starts 1 year after live operation begins) Year 2 $ 4,~9-99 4,450.00 Optional Features /Services Import of Non-financial Permit data (est 16,000 sites) $ 5,700.00 Interface to HTE General Ledger $ 1,800.00 i Excludes travel expenses which are estimated not to exceed $2,300.00. a 8ne-~1~ Two 2 Full .,,,,a ~i„-oo ~~~ no,-,,,;~ivo,.;~~,-.,~;,,,,in.,.,,,,o„~ n,-,,,.o~~;,,,. CryWolf Software Licenses. CryWolf Software requires, but this investment excludes the cost of, System hardware; network and operating system software; and database software (MS SQL Server). 3 3 Web based module includes online City inquiry and reporting functions. 3. Full Force and Effect. All other terms and conditions of the Agreement between the City of Delray Beach and Public Safety Corporation dated January 26, 2011 not expressly modified by this Amendment No. 1 thereto remain in full force and effect. 4. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of , 2011. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney ATTEST: Print Name: 4 Nelson S. McDuffie, Mayor PUBLIC SAFETY CORPORATION By: Print Name:_ Title: Date Signed: MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 25, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 AMENDMENT NO.2/AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC. ITEM BEFORE COMMISSION The item before Commission is consideration of Amendment No. 2 to the Agreement with SunGard Public Sector, Inc. for a public safety software system to add purchase of CryWolf alarm software and the FireHouse Inppection iPad module. BACKGROUND The attached draft Amendment No. 2 to the SunGard agreement provides for various changes including adding purchase of the CryWolf alarm software and a FireHouse Inspection iPad module. The Crywolf software will provide an updated false alarm tracking and billing solution with automated generation of notices and invoices. The system, which will be used in implementing the alarm registration/renewal process included in the recently adopted alarm ordinance revisions, includes aweb- based module for on-line registration. A separate agreement with Public Safety Corporation for acquiring the CryWolf software was previously approved by Commission. Payments to Public Safety Corporation will be processed through SunGard. The amendment also includes purchase of a SunGard interface with Crywolf. The Fire-Rescue Department would like to purchase one license for the FireHouse Inspection iPad module for testing purposes. If this application works well, the City has the opportunity to save money by purchasing iPad's for Fire Inspection field use rather than laptops (potential hardware savings of over $3,000 per unit x 5 units =over $15,000 in hardware savings). If testing is successful, additional licenses of the iPad module will need to be purchased. The FireHouse Inspection iPad module is less expensive than the standard FireHouse inspection module. The following is a summary of the changes included in Amendment No. 2: The Software and License Agreement with SunGard is modified to: -Add SunGard CryWolf interface ($6,450 addition) -Remove Map Editor Training ($3,600 savings) -Remove Data Conversion ($12,000 savings) -Add limited amount of Data Conversion ($2,250 addition) -Add SunGard services for CryWolf installation ($350 addition) -Add cost for CryWolf software and related services ($40,350 addition) -Add cost of 1 license for FireHouse Inspector iPad module ($500 addition) The net increase to the Software and License Agreement with SunGard is $34,300. Amendment No. 2 also includes the addition of the maintenance cost for SunGard's interface to Crywolf ($1,350 maintenance payment to be due October 1, 2011 in conjuction with other SunGard maintenance payments for the new system). FUNDING SOURCE Funds are available in 334-2111-521-66.10 after budget transfer. RECOMMENDATION Staff recommends approval of Amendment No. 2 to the agreement with SunGard Public Sector, Inc. contingent upon approval of the final agreement language by the City Attorney. AMENDMENT NO. 2 TO THE BETWEEN THE CITY OF DELRAY BEACH AND SUNGARD PUBLIC SECTOR, INC. THIS AMENDMENT NO. 2 amends the Agreement between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and SUNGARD PUBLIC SECTOR, INC., ("Bidder") dated June 29, 2010 and Amendment No. 1 between the City and Bidder dated August 17, 2010. WITNESSETH: WHEREAS, the City and Bidder are desirous of amending the Standard Form of Agreement between the City and to make various adjustments to the Software License and Service Agreement ("License Agreement") and the Software Maintenance Agreement ("Maintenance Agreement") NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revisions. a. Exhibit 1 to the License Agreement between the City and Bidder is amended to read as follows: (1) The following Component Systems have been added to page 8 of the License Agreement (the "Additional Component System"): Qty Part # Component System License Fee Computer Aided Dispatch 1 CAD-INT-CRY CAD INTERFACE TO CRYWOLF $ 7,500.00 1 DISCOUNT DISCOUNT $ (1,050.00 TOTALS: $ 6,450.00 (2) The following Services have been deleted from page 9 of the License Agreement (the "Deleted Services"): Qty. Part # Description Training Conversion CAD Professional Services 1 CAD-MAP-EDTRN MAP EDITOR TRAINING 3,600.00 RMS Implementation Services 1 RMS-DATACNV-HTE DATA CONVERSION FROM HTE-CAD 12,000.00 Customer has Daid the amount of Three Thousand One Hundred and Twentv Dollars ($3,120.00) towards the purchase of the Deleted Services. SunGard Public Sector agrees to credit Customer's account in this amount to be used toward the purchase of Additional Pay Agency Items (below). SunGard Public Sector absolves and relieves Customer from the obliaation. if anv. to Dav the remainina balance that may be owed on the Deleted Services (3) The following Services have been added to page 9 of the License Agreement (the "Additional Services"): Qty. Part # Description Conversion Professional Services RMS Implementation Services 1 RMS-DATACNV-HTE DATA CONVERSION FROM HTE-CAD Active Business Sites and related Premise Information $ 2,250.00 CAD Professional Services 1 CAD-PROF-ADD-QA Additional QA Professional Services (Crywolf Interface Remote install) $ 350.00 TOTAL SERVICES FEE: $ 2,250.00 $ 350.00 Note: See also Long Descriptions on Attachment 1. (4) The following Pay Agency Items have been added to page 10 of the License Agreement (the "Additional Pay Agency Items"). Pricing indicated below for Crywolf software and services and the descriptions in 2 Attachment 1 are superseding the optional Crywolf pricing and descriptions in Exhibit 2 to the License Agreement: Qty. Part # Pay Agency Products Software Services Alarm Billing Software Solution 1 THP-CRYWOLF-BERN Crywolf ServEr License $ 23,350.00 1 THP-CRYWOLF-INST Crywolf Installation and Training $ 9,000.00 1 THP-CRYWOLF-OPTION Crywolf Optional Features and Services 5,700.00 1 THP-CRYWOLF-T&L Crywolf TravEl and Living 2,300.00 FIREHOUSE Fire Records Management 1 FIRE-FH-CUSTOM FH Inspector for iPad Module 500.00 CREDIT 1 CREDIT Credit from Deleted Services $ (3,120.00) Pay Agency Products Totals $ 20,730.00 $ 17,000.00 THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: Services: 10% on the Execution Date of this Amendment; 10% 120 days from the Execution Date of this Amendment; 20% at CAD Go-Live 20% at RMS Go-Live 20% at Mobiles Go-Live 20% at Final Requirements Verification Plan License Fees: 50% on the Execution Date of this Amendment; 50% 120 days from the Execution Date of this Amendment. (5) The Summary of Costs Table on page 11 of the License Agreement is modified as follows: SUMMARY OF COSTS Price Component Systems $ 187,843.00 Services $ 411,850.00 Pay Agency Products $ 201,426.44 Travel & Living (not to Exceed) $ 60,000 Total $ 861,119.44 Note to Summary of Costs table: The $411,850.00 figure indicated above is the total cost services under the Agreement and is adjusted to exclude the cost of deleted services as described under section 2(a) of this Amendment. As further described under section 2(a), Customer will receive the benefit of the resulting credit for the portion of these deleted services that was invoiced by SunGard and subsequently paid by Customer. Although this resulting credit is 3 excluded from the above summary the credit has been accounted for under section 2(d) above as a "Credit for Deleted Services". b. Pages 13-26 of the License Agreement, "Descriptions", shall be amended to read as follows: (1) The following descriptions shall be added on Page 26 of the License Agreement. Part Number: CAD-DATACNV-HTEC ADV Description: DATA CONVERSION FOR HTE CAD Long Description: SunGard will convert data from the following HTE CAD modules to the corresponding OSSI CAD module: Active Business Sites & Related Premise Information. The specific scope of services will be controlled by the terms of a separate mutually agreed upon statement of work (SOW) containing the data conversion plan. Part Number: CAD-PROF-ADD-QA Description: ADDITIONAL QA PROFESSIONAL SERVICES Long Description: Remote Installation /Configuration on CAD Interface to CrvWolf Part Number: CAD-INT-CRY Description: CAD INTERFACE TO CRYWOLF Long Description: This is a two way interface with the 3rd party CRYWOLF alarm product. SQL CAD interfaces with CrvWolf Alarm Billing. This interface will export alarm calls to CrvWolf for processing as well as build premise information in CAD for the purposes of notifying the Communicator of special alarm statuses defined inside of CrvWolf. Part Number: THP-CRYWOLF-BERN Description: CrvWolf Server License Long Description: CrvWolf alarm billing software server license. -Initial Software License Fees - Web based Alarm Registration, Citizen Access & City Inquiry/Reporting Part Number: THP-CRYWOLF-INST Description: CrvWolf Installation and Training Long Description: CrvWolf alarm billing software installation and training services. - Project Planning and Software Configuration - Interface Configuration and Testing - Installation, Training and Go Live Assistance Part Number: THP-CRYWOLF-OPTION Description: CrvWolf Optional Features and Services Long Description: CrvWolf alarm billing software. - Import of Non-financial Permit data (est 16,000 sites) Part Number: THP-CRYWOLF-T&L Description: CrvWolf Travel and Living Long Description: CrvWolf alarm billing software not to exceed estimate of travel and living expenses for installation and training. Part Number: FIRE-FH-CUSTOM Description: FH Inspector for iPad Module 4 Long Description: FIREHOUSE Inspector for iPad Module. Annual support is billed directly by ACS Firehouse Software. Annual support will increase by $150 upon support renewal per ACS Firehouse Software. (2) The following descriptions shall be removed from Page 17: D~r+ Aliimhor r`/\n nA/\D CnTDAI i--~~rr4arrra nrcnrin+inn• nA4D 1=nITn D TD4IAIIAI(_ T7lJ~G ~enn nocnrin+innr Ci in(~_` - - ' orr! Di ihlin Confnr ~niill nrn~iirlo i r~`~c~ r~c rvn~' i in +n +hroo /'2\ rlovc of +roininn o+ Ci in(_`orr! Di ihlin G~+~? nffino in I-linh D C nin+ AI (` Tho +roininn ~niill v mn I i i rlvr~nr,.~F r! o+~arm~ ~ narra--R °a ~c n °crrcrnv~di--ail. i i i o ~mT r (~ I C rl n+n ~ ~j n ni , orlifnr Tho ~i io+r~m e~ p r~noihlo fnr +rn~iol nnr! ~~ caTCVr~TT c~rr li~iinn n fnr +h G~ e ~ve ~ G~ ~virrrr~~c-rvr-RUPC~--arrcr n nn ~++ o r G e Try-rr,~ (p F • ~~ +roininn Thic +roininn is F ~ ,-rr~r zrcc ~ fnr ni is+nmorc ~nihn ~niill ho ?inn Ci in(~_`orr! Di ihlin C on+nr'c noon 1=rlifnr a$~~ nrimoni onnlino+inn fnr m ain+oininn mono (3) The following description shall be removed from Page 21: Dor+ Ali imh nAC n4T4('AI\/_TI-IG II. nnonrin+inn• n/\T/\ (`nAl\/I-DCInAI CDnnA TLJ I- r`/\n ~~.. ~enn~`c~nrin+~~Ci in(~_`orr! Di ihlin Confnr ~niill nnrni~t ~. +.~ frr~m +h~nolln~niinn TLJI- r`/\n +n nCCI• r`nn 1=~ion+ I-lic+nni c. Page 6 of Exhibit No. 1 to the Maintenance Agreement is amended to read as follows: Qty Part # Component System Initial Payment Amount Support Type Computer Aided Dispatch 1 CAD-INT-CRY CAD INTERFACE TO CRYWOLF $ 1,350.00 7x24 TOTALS: $ 1,350.00 The initial term of Improvements for the Component System listed above shall commence upon execution of this Amendment and extend until completion of the initial Contract Year ending September 30, 2011. The "Initial Payment Amount' in the table above is for the second Contract year and is subject to the terms of the Maintenance Agreement. The total Initial Payment Amount in Exhibit 1 on page 6 of the Maintenance Agreement is changed from $225,391.30 to $226,741.30. 3. Full Force and Effect. All other terms and conditions of the Consulting Agreement not expressly modified by this Amendment No. 2 thereto remain in full force and effect. 4. Effective Date of Amendment No. 2 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties with the effective date being January 19, 2010. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed this day of ATTEST: 2011. CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: City Attorney Nelson S. McDuffie, Mayor 6 WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2011, by officer or agent) of Sungard Public Sector, Inc (name of officer or agent, title of (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and did (did not) take an oath. (type of identification) Signature of Notary Public -State of Florida SUNGARD PUBLIC SECTOR, INC. By:_ Name: Title: 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 25, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 VILLAGE ACADEMY TRIPARTITE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY SCHOOL DISTRICT AND THE ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ITEM BEFORE COMMISSION City Commission approval of the Village Academy Tripartite Interlocal Agreement between the City of Delray Beach, Palm Beach County School District and Achievement Centers for Children and Families (ACCF) for shared use of the Village Academy facilities to conduct out-of-school services under the Beacon Center concept at the Village Academy School. BACKGROUND This agreement provides for funding and shared use of the Village Academy School facilities for out-of- school services and programs carried out as the Beacon Center by the City's non-profit partner, ACCF. The agreement enables ACCF to utilize the facilities and provides a procedure for authorizing the use of the School Board facilities. The agreement also outlines general provisions, funding, ownership, use of properties, maintenance, access and site security, liability/insurance, background screening requirements, etc. The term of the agreement is for a period of three years beginning February 17, 2011 and ending February 16, 2014, that can be automatically renewed for one additional consecutive three-year term ending February 16, 2017. ACCF is responsible for covering annual maintenance costs estimated at $15,000 per year. The agreement has been reviewed and approved by Terrill Pyburn, Assistant City Attorney and approved by the School District at their regular meeting of February 16, 2011. RECOMMENDATION Staff is recommending City Commission approval of the Village Academy Tripartite Interlocal Agreement between the City of Delray Beach, Palm Beach County School District and Achievement Centers for Children and Families, effective February 16, 2011 and authorize the document to be executed by the Mayor. TRIPARTITE AND INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA THE CITY OF DELRAY BEACH AND THE ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES FOR THE FUNDING OF AND OPERATION OF OUT-OF-SCHOOL SERVICES PROGRAMS AT THE VILLAGE ACADEMY THIS TRIPARTITE AND INTERLOCAL AGREEMENT is made and entered into this day of 209 ~, by and between the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES, a Florida not~for~proi:tt corporation {hereinafter referred to as "ACCF"), the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board") and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WITNESSETH: WHEREAS, School Board owns and operates Village Academy School currently located at 400 S.W. 12th Avenue, Delray Beach, FL 33444 {"Village Academy"); and WHEREAS, the parties desire to enter into this Tripartite Interlocal Agreement to provide for funding of and shared use of the facilities for out-of school services programs at the Village Academy School in order to make the most efficient use of community resources by enabling cooperation between School Board, City, and ACCF in order to harmonize geographic, economic, population and other factors influencing the needs and development of focal communities; and WHEREAS, the parties support collaborative initiatives between the School Board, the City, and ACCF to provide additional development, social, and cultural opportunities for children; and WHEREAS, the School Board, the City, and ACCF recognize the benefits to be derived from the use of School Board facilities by ACCF which has a "partnership" role with Village Academy; and WHEREAS, the School Board, the City, and ACCF desire that this Agreement set forth the basic framework under which ACCF may utilize School Board facilities; and WHEREAS, the School Board, the City, and ACCF recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and WHEREAS, the School Board, the City, and ACCF desire the ability to use the facilities of the other. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE 1: GENERAL Section 7.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to provide for funding of ACCF's out~of-school services programs; enable the School Board, the City, and ACCF to utilize each other's facilities; and provide a procedure for authorizing the use of the School Board's and City's Facilities by ACCF for programs and initiatives that have been approved and partially funded by the City. Section 1.03 The Children's Services Counsel ("CSC") utilized its procurement process for obtaining a program administrator to operate its out-of-school services ("Beacon") programs in 2004. ACCF was the successful bidder selected far the program. CSC sunsetted its Beacon Program as of September 30, 2010 and the City of Delray Beach has taken over the oversight of this program effective October 1, 2010. Section 1.04 Definitions. The defined terms as used in this Tripartite Interlocal Agreement shall have the following meanings: A. "Board Facilities" andlor "Board Facility" shall mean facilities located at 400 S.W. 12t" Avenue, Delray Beach, FL 33444, which is owned andlor operated by the School Board that are made available far public use by the School Board and/are used primarily for the delivery of recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" andlor "Board Facility" shall include, but shall not be kimited to: classrooms, media centers, auditoriums, cafeterias, athletic fields, gymnasiums, playgrounds, swimming pools, tennis, racquetball, and basketball courts. B. "City Facilities" andlor "City Facility" shall mean facilities located at 50 N.W. 15t Avenue, Delray Beach, Florida, which are owned or operated by the City and 2 made available for public use by the City and are used primarily for public activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms, "City Facilities" andlor "City Facility" shall include but shall not be limited to: meeting and conference roams that are designated far community group use. C. "Out-ofi School Services Programs" shaft include, but are not limited to: 1. Services and Activities: a. Extended Day after school care to be offered to Kindergarten through 5th grades; b. Teen Program to be offered to 6th through 12th grades with special hours #or selected events; c. Children's Summer Camp to be offered for 8 weeks between the end of the school year in .tune and the beginning of the school year in August from 7:30 a.m. to 5:30 p.m on weekdays.; d. Center for Creative Education (CADRE) programming which provides artists who provide art and cultural experiences for students; e. Tutoring Assistance; f. Homework preparation assistance; g. A variety of clubs, including: art, drama, dance, music, sports, photography, videography, and support groups offered to elementary and middlelhigh school students; h. A variety of field trips of interest, including: educational experiences to enhance socialization, leadership opportunities, and community connectedness; i. Boy and Girl Scout troops as funding and personnel permit; community service in connection with these groups; j. Parent Resource Center in concert with Village Academy; k. Full range of services, assessments, referrals, and linkage for family support through utilization of United Way agencies, where appropriate; 1. SHARE food program; m. Adult computer classes; n. Literacy programs, ESOL and GED classes in concert with Palm Beach County Literacy Coalition; ar~d o. Parenting classes. 2. Special Events: 3 a. Back to School Bash; b. Open House in concert with Village Academy; c. Holiday Pageants and City parades; d. Health and Job Fairs; e. Black History Month Pageant; f. Teen Summits; g. Haitian American Flag Day; h. Team sporks competitions; i. Scouting events when funding is available; j. Lights on After School; k. Field days and picnics for Summer Camp; I. Recognition nights far Adult Education and Parent Appreciation; m, Tours of the facilities by fenders, donors, and community stakeholders; and n. Events in which Village Academy and the ACCF act as partners to provide services or activities for children, parents, and the community. D. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a facility. 1. For Board Facilities, the Priority of Use shall be as follows: a. School Board activities and programs or Board Facility lease agreements; b. County and City activities and programs pursuant to a separate interlocal agreements} entered into by the School Board on or before the effective date of this Agreement; c. Out-of-School Services Programs conducted by ACCF pursuant to this Agreement; and d. City activities and programs pursuant to a separate interlocal agreement entered into by the School Board after the effective date of this Agreement. 2. For City Facilities, the Priority of Use shall be as follows: a. City activities and programs or City Facility lease agreements; 4 b. School Board activities and programs pursuant to this Agreement; and c. Out-of-School Services Programs conducted by ACCF pursuant to this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any BoardlCity Facilities. ARTICLE 2: FUNDING Section 2.09 The ACCF agrees to fund, provide, and operate the Out-of School Services Programs at the designated Board Facilities as mutually agreed upon by the parties. The School Board, City, and ACCF shall be authorized to seek grants, fiunding gifts, and other funds in order to fund the Out-of-School Services Programs from sources other than the #unding provided by the City and/or the School Board, as approved by the governing body of each party. There shall be no requirement for additional funding or continued funding after the dates designated for the services of programs designated. Section 2.02 The City shall provide funding for the operation of the Out-of-School Services Programs each year {subject to approval of the City Commission) as follows: A. Fifty-Two Thousand Dollars ($52,000.00) in the form of a Parks and Recreation Grant to provide after school programs and activities for teenagers; and B. Eighty Thousand Dollars ($80,000.00) in the form of a Community Development Block Grant to provide after school care to benefit students of Iow income and single-parent, head of household families. Section 2.03 The City shall pay ACCF the above-referenced funds, as they become available and are approved by the City Commission each year. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject to School Baard policy and Florida Statutes and Department of Education rules. 5 Section 3.02 The City's Facilities shat! remain in the ownership of the City and subject to all terms and conditions imposed herein subject to City ordinances, policies, and Florida Statutes. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities. A. The School Board agrees to make Board Facilities available for use by ACCF according to the Priority of Use at no cost or expense to ACCF, as provided for in this Agreement. ACCF's use of Board Facilities shall be subject to and in accordance with: 1. The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. Alf applicable local, state and federal laws. B. The Village Academy principal shall have approval authority for any programs offered on hislher campus and shaft coordinate scheduling the use of the designated Board Facility with the ACCF CEO. The programs requested by the ACCF shall be consistent with the goals and mission of the School Board. Section 4.02 Use of City Facilities. The City agrees to make City Facilities available far use by ACCF according to the Priority of Use at no cost or expense to ACCF as provided far in this Agreement. ACCF's use of City Facilities shall be subject to and in accordance with: 1. The terms and conditions of this Agreement, - 2. The City's rules, regulations, and policies governing the use of City Facilities; and 3. All applicable local, state, and federal laws. Section 4A3 Adequate Supervision. ACCF agrees to provide adequate supervision at ail times, taking into consideration the type of activities planned when using the BoardlCity Facilities. 6 Section 4.04 Manner of Use; Cleanup. ACCF agrees to utilize the BoardlCity Facilities in the manner, and to the extent and degree intended far the particular facility and fur#her agrees to leave the BoardlCity Facility in a clean and orderly condition upon leaving the facility. Section 4.05 Vandalism or Other Damage to BoardlCity Facilities When in Use Pursuant to this Agreement. ACCF agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by ACCF. The ACCF agrees to be responsible far vandalism or other damage occurring to the City's Facilities during the periods the City's Facilities are used by ACCF. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board's Facilities in an expeditious and timely manner and submit an itemized invoice to ACCF for damages incurred during the ACCF's use of the Board's Facilities. ACCF shall cause such repairs to be made as necessary to correct the damage to the City's Facilities in an expeditious and timely manner and submit an itemized invoice to ACCF for damages incurred during the ACCF's use of the City's Facilities. All invoices for damage repairs shall be paid by ACCF within sixty (60} days of receipt of the invoice for the damages. ARTICLE 5: MAINTENANCE Section 5.01 ACCF will pay Fifteen Thousand Dollars ($15,000.00) annually to Village Academy to be paid (in the amount of Three Thousand Seven Hundred Fifty Dollars {$3,750.00) per quarter, with the first payment due July 1 of each year) for janitorial and security services, with such services to be performed by Board or Board's designee. Section 5.02 The City will assume 100% of the costs of maintenance for the City's Facilities with such maintenance to be performed by the City or the City's designee. Section 5.03 The parties acknowledge and agree that the Board and City may deny a request for use of their respective Facilities to perform maintenance or repairs to the Facility. ARTICLE 6: ACCESS AND SITE SECURITY ACCF will be responsible far securing BoardlCity Facilities after each use. 7 ARTICLE 7: LIABILITYIIIVSURANCE Section 7A1 The Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of any employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either School Board andlor City to indemnify the other or ACCF, nor a waiver of sovereign immunity, nor a waiver of any defense the School Board or City may have under such statute, nor as consent to be sued by third parties. ACCF shall, in addition to any other obligation to indemnify the School Board andlor City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board andlor City, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses {including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or lass arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of ACCF, or anyone directly or indirectly employed by ACCF, or of anyone for whose acts ACCF may be liable; or violation of law, statute, ordinance, governmental administration order, rule or regulation. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation or benefits payable by or for ACCF under workers' compensation acts; disability beneft acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board andlor City to enforce this agreement shall be borne by ACCF, ACCF recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant far goad and valuable consideration provided by the School Board and City in support of this indemnification in accordance with the laws of the State of Ffarida. This article will survive the termination of this Agreement, Section 7.02 Without waiving the right to sovereign immunity, the BoardlCity acknowledge that they are either; (i} self-insured for general liability and automobile liability in the amount specified in Ffarida Statutes Section 768.28, as may be amended from time to time, or {ii) maintain third-party cammercia[ insurance meeting at feast the amounts as set forth in the following sentence. fn the event either party maintains third- party commercial general liability or business automobile Lability insurance in lieu of 8 exclusive reliance on self-insurance, the party maintaining the third-party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,D00) combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shat! read the "The City of Delray Beach, its Officers, Employees and Agents". The additional insured endorsement for the Board shall read "The School Board of Palm Beach County, Florida, its Officers, Employees and Agents". The parties agree additional insured endorsements shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be considered third-party liability coverage far purposes of this Agreement. The parties agree to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance andlor sovereign immunity status, which the parties agree to recognize as acceptable for the above-referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. Section 7.03 With respect to use of Board andlor City Facilities under this Agreement by ACCF, the ACCF shall be required to provide, at a minimum, the #ollowing: A. ACCF shall purchase from and maintain coverage from a company or companies lawfully authorized to do business in the State of Florida and rated "B+" or better in Best's Insurance Guide. In addition, such insurance shall be for no less than the following amounts (subject to review and revision by the School Board and City from time to time}: (a} automobile: in the minimum amount $1,000,000 per injury and per death; (b) Comprehensive General Liability: in the minimum amount $1,000,000 per occurrence for bath personal injury and property damage; and (c) Workers Compensation: Statutory and Employers Liability in the minimum amount of $1,000,000. Upon the execution of this Agreement, ACCF shall supply the School Board and City with a Certificate of Insurance as required by this section, naming the School Board and City as an additional insureds. Such Certificates shall provide written notice to the School Board and City thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds far termination of this Agreement. ARTICLE 8: DISPUTE RESOLUTION In the event an issue arises which cannot be resolved between the principal of Village Academy and the of ACCF regarding the use or availability of a Board Facility or 9 the implementation, supervision or conduct of an approved service or program, the dispute shall be referred to the Board's Area Superintendent and the CEO of ACCiF or their respective designees, who shall both make a good faith effort to resolve the dispute. ARTICLE 9: ACCEPTANCE OF PROGRAMS AND SERVICES By mutual agreement, the ACCF services or programs may be removed or relocated to another site maintaining the available funding far the services or programs. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the BoardlCity Facilities or the delivery of services or programs by the ACCF shall only amount to a license to use the BoardlCity Facilities on a nonexclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting ACCF any title, interest or estate in the BoardlCity Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty {30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty {30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited ta, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: {i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with case upon the expiration of the thirty (30) day cure period provided for in Article 12 above. ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants andlor gifts. 10 ARTICLE 14; NOTICES A!l notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to City: David Harden, City Manager City of Delray Beach 100 N.W. 15# Avenue Defray Beach, FL 33444 If to School Board; JoAnne C. Becl<ner, Director Department of Afterschoal Programming Schoof Board of Palm Beach County 4260 Westgate Avenue, Room 14-107 West Palm Beach, FL 33409 If to Achievement Centers for Children and Families: Nancy Hurd, Chief Executive Officer 555 N.W. 4'~' Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15; GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. Any and afl legal action necessary to enforce the Agreement will be held in Palm Beach County. ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender 19 identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22; WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 12 ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Tripartite Interlocal Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Interlocal Agreement as a third-party beneficiary or otherwise. ARTICLE 25: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and far Palm Beach County pursuant to Section ~63A1{11), Florida Statutes. ARTICLE 28: EFFECTIVE DATEITERM This Agreement shall become effective when signed by each of the parties, approved by the City, School Board and ACCF and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be far a period of three (3} years and shall be automatically renewed for one additional consecutive three (3) year term, unless any party provides a written notice of non-renewal to the other parties thirty {3Q) days prior to the expiration of the then current term. ARTICLE 27: ACCEPTANCE OF FACILITIES The School Board and City shall not be required to make any improvements or repairs to the School BoardlCity Facilities as a condition of use of the School BoardlCity Facilities by the other party or ACCF. The- School Board, City and ACCT= shall accept the Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither School Board or City has made any warranties or representations to the other parties regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or ACCF. ARTICLE 28: BACKGROUND SCREENING REQUIREMENTS 13 A11 ACCF employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. ACCF shall insure that all ACCF employees submit to a background check, including fingerprinting by the School Board's Police Department, at the sole cost of ACCF. No ACCF employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for the rejection of any ACCF employee or discontinuation of the ACCFemployee's services} on the basis of these compliance obligations. ACCF agrees that no ACCF employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, wil! be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. ARTICLE 29: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. 14 IN WITNESS 1NHEREaF, the parities h~v~ caused this lnterlocai Agreement to b~ executed on the day grid year first above written. ATTEST. City G[ork CIT1( OF DELRAY REACH, FLpRIDA By: Approved as t~ Forrr~: City Attorney ATTEST: Nelson S. ~IcDuffie, ~Olayor CHttUL BOARD OF PI~LM LEACH CC)UNT~, FLC~RIC}A Arthur C. ,lahnson, Ph,D. Superintendent By: Frank A. iarbieri, Jr. Esq., Chairman Apprcaved as t Farm and Legal ~ ff Ciertcy: ~, School Bdard Atterriej/ ATl`~ST: ACHIEVEMENT CENTERS ~`DR CWILDREN AND FAMILIES By: _ Print N~rr€e. Nancy Hurd, Chiet Executive CJffcer t~ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 24, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 14, 2011 through February 25, 2011. BACKGROUND This is the method of informing the City Commission 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 summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member; • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of February 23, 2011 A. Tabled (6 to 0, Rustem Kupi absent), a Class I site plan modification associated with architectural elevation changes for Rocky's Retail Building located on the west side of SE 5th Avenue, south of East Atlantic Avenue (20 SE 5th Avenue). B. Approved (6 to 0), a Class I site plan modification associated with architectural elevation changes for Pazzo Italiano Restaurant, located on the east side of NE 3rd Avenue, south of NE 4th Street (337 NE 3rd Avenue). C. Approved with conditions (6 to 0), a Class II site plan modification associated with the construction of a 1,188 sq. ft. patio for outdoor dining within the front yard along Federal Highway for Anthony's Coal Fired Pizza, located at the northeast corner of NE 6th Avenue and NE 1st Street (115 NE 6th Avenue). D. Approved with conditions (6 to 0), a Class III site plan modification associated with the construction of a 4,940 sq. ft. metal storage building for an existing RV, mobile home and trailer park sales and rental facility for Del-Raton Mobile Headquarters, Inc. located on the west side of South Federal Highway, between LaMat Avenue and Lindell Boulevard (2998 South Federal Highway). E. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan, and architectural elevation plan associated with the installation of landscaping and hardscape improvements, a mural, a statue and awalk-in cooler for Atlantic Ocean Club, located at the northwest corner of East Atlantic Avenue and Railroad Avenue (217 & 219 East Atlantic Avenue). Concurrently, the Board considered the following waivers: 1. Recommended to the City Commission approval of a waiver to LDR Section 4.3.4(H)(4), to allow a statue within the building setback. 2. Tabled a waiver request to LDR Section 4.69(D)(4)(c) to allow the elimination of the required 6' x 24' back-up maneuvering area for the dead-end parking bay. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' MARCH 1 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SPRAB: A. ROCKY'S RETAIL BUILDING D. DEL-RAYON MOBILE HEADQUARTERS, INC. B. PAZZO ITALIANO RESTAURANT E. ATLANTIC OCEAN CLUB C. ANTHONY'S COAL FIRED PIZZA -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\2-23-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Maintenance Superintendent Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 14, 2011 SUBJECT: AGENDA ITEM 8.G.1 -REGULAR COMMISSION MEETING OF MARCH 1, 2011 BID AWARD/DUVAL FORD ITEM BEFORE COMMISSION This item is before Commission to approve the purchase of six (6) Ford Crown Victoria Police Interceptors from Duval Ford pursuant to Florida Sheriffs Association Contract # 10-18-0907, specification # 1 attached hereto. BACKGROUND Fleet Maintenance is recommending the purchase of six (6) Police Cruisers as replacement vehicles for six (6) existing cars. Two have had engine failures, three are total loss due to accidents, and one has exceeded its recommended life and mileage. FUNDING SOURCE Funding is available from account code 501-3312-591-64.20 Automotive. RECOMMENDATION Staff recommends award to Duval Ford for purchase of six (6) Ford Crown Victoria Police Interceptors at a price of $24,852.00 each for a total bid award of $149,112.00. ~~~ p~~.ti~~Y~'~ r ~~~~~T~ V~~~CL~S, ~R.U'C~S 8~ ~~11'S, 8~ ~~H~R FLLET ~Q~Yp~~].V''~'` pttr~iu~~at~rr~ Siier•~•,t's Off3ces ~ .I,u~a~ Gors~r•nme~tat ,A~ertc~es cif the S~a~e af.1f'ior•~dc~ CQOt ciftiatec~ .B~ '~`~ae is`Yorida Sheriffs Ass+ocia~iaxx, FXaxida Association of faoun~ies & ]~'~.axii~a 7~i:te C1~ief8' Ass€~aiation ~~~ v ~ 4 ,~ r ~ FLC3~I3~~. GflUN'z'ZES ~ . qtr Fibo~~t Prorlsfn ~~~_- ~t - ~ ~~ ~. -~-~.. _ . A S€;•#Gaeil F7art~Ft ~+`.UO~bA SH~~~'I'S ASSQCTATION, ~:~o~~~~. 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Cat[ for tustattaflatt, sltlppittg, nndlar daltvary prteos, lsciridly Arrhhar flrnr i.Iner rear{ tYaler DlsG, Pafl~ercuur,trld S3SR t !'18AT' Al,AIZM lectCOltiC Rellintb ltanr 1~a4Y OJteltttr4 systctlt fQ ~t0 used tYttlt tttC ~-~ L $l,e149,441 V7$,Sr002 1'1'ZO 1 ry 1~r~ttfatlte#. Altatvs Ille a1~3ceC to TeICGSQ ttta K-~ from ilta VOIt1Cla frottttt rettlate 1;1tRDp2 ltasittan. bestellcd L}• Rdr#fn-YS'otlfr.~ CeN for 1)ekr#!r 1 1 i~AT Al.rllttvl Heat Alnrtu Systattt to lic rtsccl lr- n K-9 vet:lcfe, iVnn-s afficor tEltatt dnEtgerotrsly w 1,:}~t~,00t ~G t 5.002 1'10 1 Ittblt lr<mperaft~res nre inside flte velricte. 1 t ~~T /~1,/t RtYt #srrtrillr:fGy ftrfr#!a-7Y~tHCC, tnl7for l3euctls t SYST'E1v1 2 1~"#'T 1 1'k1•.itx,,~'r,r'j,nis Sib.{}U1 ~38.04z TEiviF TAC ~ D'fft 1 Transl`er existing regtslratiott (ttttrsf pravtdo tng ruElnUer) ~! 35,001 5140,402 TRAi~fi't'R~;' 'f`AC3 f l~lcty stl,te tag (s~eai~~ stnto, carntly, cit}~, stnsr}ti; eto.} ~ t4h,001 5133.402 rllwty Erna 2 DSM t Cantplete set of slro~E ttt>euttals f}NLY ~29~,OOt $320.OOz 17SE1d 2 C:~R(T,1f0#t B11f1JSR 5/1001''1' ! tvnrranty .. specify 52;575.041 ~z,755.442 $7$i3A3$2 Pvle~nrtraheSl#01#SOAeil1 5©D1iUUC'i'rlil A • Brt$I; CtfRr; S 1'fv1Rf75a1tD al ##f, jj$ 2 5175 aASI; ! tVnrrtEUt}: - spea}fy 52;755.00! 53,395.Op2 57513XTitA ~ r?oa~ C4ero SJ75 Ff! #JC<r € so 1~e#~ucrrul.~ • ~,t~•~.r (.',1kE S }'Er1R17500U 11fI,G ~ $!iS tip'€'it,~ ~ 1VI+r~attt)`- alteciEy $3,39;i.OfY' < S3,G40,002 5751'12.Etv12 IdetrtrCrelu3113$ODcti! 1 $Q I]A!)UC7'1#r1.R- Pk#idt#i?,tf Gt?ZE 3 ]E fRl/SUOD,t11~S ~ Bid Arr.~ar~d .ll:u+aunasrt;eret I.t 0•:C $•p907J JI72 City of ®elray Beach March 1, 2011 City Commission Agenda Item Purchase of six (6) Ford Crown Vic Police Interceptors from Duval Ford, pricing via the Florida Sheriff's Contract #10-7.8-0907, Specification #1, equipped as outlined below, Base Price $20,871 Option Code Description Gast 45G Limited Slip Differential 125 14T Keviar Trunk Package 190 61H ignition Powered Trunk Release 60 67B Rear Door Locks/Handles Disabled 25 948 Rear Windows Inoperative 25 478 Courtesy Light Dlsabled 20 31[ Thlyd Key 125 DTT Temporary Tag 16 5/75 EXTRA 0 Deductabie Extended Warranty 3,395 Total Cost (each) $24,852 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 14, 2011 SUBJECT: AGENDA ITEM 8.G.2 -REGULAR COMMISSION MEETING OF MARCH 1, 2011 PURCHASE AWARD/ EMERGENCY VEHICLE SUPPLY ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award to Emergency Vehicle Supply for the installation and complete set up of six (6) Police Cruisers at a cost of $10,219.06 each, for a total award of $61,314.36. 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 speed/efficiency 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 for vehicles. The Police Department will require the installation of Police emergency lights and siren, as well as required specified equipment to prepare six (6) Police Interceptor cars for patrol duty. FUNDING SOURCE Funding is available from acccount code 501-3312-591-64.20 Automotive. RECOMMENDATION Staff recommends award to Emergency Vehicle Supply for the installation and complete set up of six (6) Police Cruisers at a cost of $10,219.00 each, for a total purchase award of $61,314.36. /%% ~~` ~' EMERGENCY VEHICLE SUPPLY 4b61 JOHNSON ROAD -SUITE 1 COCONUTCI2EEK, FI, 33073 Tel. 954-42&-5201 * Frrx 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE KEVIN RUMMELL DELRAY BRACH, FL 334A4 Quote Number: Quote Date: Page: Quo~afion 11539 Feb 23, 2011 1 Customer ID DELRAY BEACH PD Goad Tlzrt~ 3/31/11 Pay~rce3lt Ter;ns PO Number Net 3D Days Quantity Item Description Unitl'rice Extension 6,OD MISCELLANEOUS DELRAY BEACH PD EQUIPMENT 8,574A6 51,444.36 {PER DEPARTMENT SPECIFICATION) 6.OD INSTALLATION CUSTOM INSTALLATION AT EVS 1,645AD 9,870.00 COCONUT CREEK, FL FACILITY ' ' ~ r ~ 3 k i f ~ I f Subtotal 61,314.36 Sales Tax E Total i b1,314.36 -'',~ ' ' ' ' ' ' ' w~ w Y ' ' ' ' , , , , , i i , , Z , , ~ i , i , to W O JC I L ~ ~ W'' p ~ > Y,, U ~~, ' ',' mm ma OUa r ro 4 X W ', `d Z a',., ~ ', i > J O', Ali r ', m ~a ~ ~~ wz W U~o o r¢ ¢ mo 4 ~ ~>° w Om,~l~r> 4. ', , ~o oU°o YU ~ ti~rnx~o003 zuw o,~o~U au ~mx °~uri uriO ~aa ~ a.W Wzz~~ am 'I r '' ~ OYin~z ro»N~aa aO U,~U~,4 OJWa~IaN x rA K,.. ~ ~ ~ ~ m,., w rA w m w W ,,, W ~a W ~,U p uu.,u ~~U v '', ',, 10 ',, 'I ',, ~I I Iz I I I K»OW~ ', ~ ~ U U p U 0,,,. 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Hasko, Environmental Services Director Victor Majtenyi, Deputy Director of Public Utilities THROUGH: David T. Harden, City Manager DATE: February 22, 2011 SUBJECT: AGENDA ITEM 8.G.3 -REGULAR COMMISSION MEETING OF MARCH 1, 2011 BID AWARD/INTERCOUNTY ENGINEERING CORPORATION ITEM BEFORE COMMISSION Approve a bid award to Intercounty Engineering Corporation in the amount of $1,408,505.93 for construction of the Area llB Reclaimed Water System project, PN 2010-074. BACKGROUND On February 18, 2011, bids were opened for the Area llB Reclaimed Water System project with Intercounty Engineering Corporation as the lowest responsive bidder. The scope of work involves continuing construction of the reclaimed transmission and distribution system on the barrier island, from Beach Drive north to George Bush Blvd and on several streets between Atlantic Avenue and Lowry Street. The project includes installation of 10", 6" and 4" PVC pipe throughout the residential neighborhoods. Prequalification by the City in the category of "Underground" work was a requirement for this bid. The low bidder, Intercounty Engineering has an exemplary performance record with the City of Delray Beach. Attached is a copy of the recommendation letter from Mathews Consulting, Inc., bid tab, and location map for your reference. The City has received grant funding for this project in the amount of $210,900 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 31, 2011. FUNDING SOURCE Funding is as follows: Reclaim water work $1,003,574.35 account 441-5181-536-65.96 (W&S Fund/Other Imp/Reclaim Water Transmission), Storm Drainage work $13,986.44 account 448-5461- 538-63.90 (Storm Water Utility/ Other Improvements) and Water and Sewer work $390,945.14 account 442-5178-536-63.90 (W&S Renewal & Replacement Fund/Other Improvements). RECOMMENDATION Staff recommends approval of a bid award to Intercounty Engineering Corporation in the amount of $1,408,505.93 for construction of the Area llB Reclaimed Water System project. ~~.. t' ~ ' ~ ~`. I~l ,~ NTV >±ebr•trztry 22, 20I 1 Iwlr. Victar° 1"vlttjtertyi i~el3trty fir°ectac ctf Prrblie Utilities CT"l'ld (?I+ IJ-L+'I.,R.h' 13~C1[I 434 S. Swrirttart rlverttre C~elt•~y l3eryelt, I'-acicltr 33414 CIViI. ENGINEEEiS C'rty of 1~clr~y T3e;tclt I"r°a~ect I'~lct. 2t»M 10-074 l~,r:cl~irated ~"'ttter° ~xltrtttsiart - Acrvtr l I I3 [7car• Mr. 1•e1ajtettyi; C~it I~'r•idrty, -~ebrrrttr•y 18, 2011, ~t ):Q0 A1vT,, bids wwerc r°eceiwecl by tltc City of ]~elr•tty k3errclt fa • the fMr"e:a l - ~ Recl~irtted '1N~tet° ~,xp~~rtsiart ~'r•o~pect. "Three (3~ bids ~rere r°eceiwcd ~s fallaws; Nt-rrt+~ crf Iiideler° Arrroturt of I3lcl A~;t~ral Arttwrtttrrt oir I~irl 1, Irtker•catrrtty I?,ttf;irteer°ita„ X1,409',688,78 ~1,408,505.~3 2, l±aster• Mttr•iute Cante~tctar°s, Irtc. $1,786,855.00 x;1,787,655.00 3. Clta~ I?clrril~rtterti X1,796,606.86 e ltrtve re+riewwed the bid ltralJastrls strbrrt~ttecl by e~clt of tltc Cantrsrctar°s artcl httve fatrrtcl the fclla~wwirtg rt~ittar' itt~tltertt~tical cr•r•ar•s ha httereatrrtty ~rt~irtecr^irt"s 13it1 trrtd I`astcr• rv"-ttr°irte Carttrttctar~s i3icl; • Irttet°catrrtty Ert~irteer•irt,~ - Alaperrrs to ]tstvc a rau;irtdiot~ err•ar• in 4I of the 79 I3icl ltertts, ~whielt. decr•ertsc~l tltic tatttl 1jcl rartiatrrtt ley $ 1, - 82.85, T-ter•efar°e, the tatrrl lt'ic1 ~otta~utt is ~tctrrtilly ~' 1,408,505.93. +~~ I"aster° NI~t•irte Car~h'actars - ~r•rar• in Line Item ~1~t5 (I't'ajee6 ldert~t'ifrc~tiart Si~r7), ~wltickr htcr•e~sed the tat~l bicl ~tttaurtt by $800. `-°]te 13ici "I°abtrl~tiatt Sheet. is att~cltecl. "I'lte fdl-arwitro srtntttt~rrizes arrr fortdirtl;s fctr° the lct~w bidder: Irrte~~cautrty )urr~irtee3°-r~g • Pr'awided L.etter° of Eligibility. Ackrtawleclged ,~clderudtirtt l*Io, i ~ Isla, 2. 1'rcawidecl laid I3arr~l (5%). IVlirtar• rtt~tltertt~tic~l er~rar•s art the Scltcc-trlc a-'l~iel Prices. Pr•avicled Carttr4retar' d~ttestiartrtttir°e. +~ "1'hcy ]tawe bcert pte-~trrtli~ed by t1te City far Urtdergr°atr~td l.Jtilties. e "I"]tis carttPrrrty lacers l~ravicleci'! trrtder•gratrrrd irtfo'astrrrctrore utility war°k ltrewiatrsly for° the City afi' delr°e1y Beach, Carat-atrrty is based irr. Partalttrrta I3eaclt, ]~ lcar°ic-~. Makhews Carrstrltiny, Irtc., X177 5. f~nseiarsryr Atrerrtre, Srrlte 336, NJesl P'aln~ 'B~~cla„ Flarlcia 339D1' Phaine; 56t-655-6t75 ~ Pax: 561-655-Gt79 ww~Yl-~.ariath~w+r.scortsulk.irr~ginc.cont It sitattNr~ be rrate~i t~i~tt Irrtar~carrr~ty ~n~ir~e~r•irr~ 1»s l~aerv ~~ra-~~r~lild~c~ ~y tBre ~.i~tY of -~alr~y F3e~cly fi~r• ``Urr~arl;~•a~rrt~ Work"° tlrr~a~rglti a :se~~r~ta; s~rkaCt~itt~~ ~ararsess, ~s ~-rcir, aarr° d•avi~e~v at tiro t~icl ~acaN~as~t@s aG~~y ~arrsic~er~~e~ tl~e ~Cccln~ic~a aa~ldr~tiar~ af`tha F"ro~i~~s~~ ~r~~ ir;~i I~ar•rtYS~. .Q"her~efar~~~ 1~a~s~~ ar~r a~rr~ r•~eviewv of tk~e I"ra~as~l arrt~l [3i~ F"at•ra~s~ 'N~~t~~ati~s Carrs~rEtir~g r°~cararorr~crt~l~ ~~wvr~r~c{ aftl~e car~tr•~~t to Irit~r'coainty Crrol;irreer°orrg; in tkte ~r~aa~ra~t QI"$1,08,50.93. If'~ratw h~~va awry ~u~stiar~s r~~~~r'ciir~rg~ tl~e irafar~r~~at~iaru E~~raser~tac~~, I~~Be~se car~tt~ct ors ~t 5~1-655-I"T5. Sirrccr•ely, Mr~TH~W~ C't~IV~UL'1'lI'V~~,, 1I'~I~. ~~ 1~~~~i~~ ~~,. ~-l~tlte~,ws, r.lv. '~ir:e T'r~esiclrwrtt. c~: Rcko~rrc~ Haska, I7elc•3y Qeach ~r~wlerrelas~or•~) (t~anal~l [{r•cjcrrr'ek, Deh~ay Be~c1l (wlcnclasrrr•cl Ii~I'rael 63allestera, Gc9r°sY I3c~rctr (wv/ecresasur~~ IL~~ec~c~ °I`r-~vis, IvtC; (tivfefitcCa~sur~e) ~+lC F"iEe Ikla. q 53~ htaCheavs GonsulEing, inc., 477 ~. It~s~nrsry Avenue Suil~ ~3~, West Palrr7 E3ear;h, Floritla ~34UI Ph~rne: ~6ti-~i55.6175 Fax: 5~a1•~55•~17~ w~ww.rrialhevrsr;ansuf t.in~ine.ccm CITY OF DELRAY BEAC&l AREA, 19 B RECL401NED WATER EXPANSION PROJECY No. 209 D-074 BID No. 2019-06 (Bid Date 2-98-11P BID TABULA-LEON SHEET ' Enkercoun En ineerin Fos4er h4arine Conkiaac4ors r" z E uipmenk Ikem #'~,Description '. Est. Oty .; Units Pr'rce Bid Total Price Bid Total Prig. - -- 4mtal 1 '. Sda Mobilizatic 'ramot "?±.: fir. 1 LS °'^0848.5 ~"=~ 545 000 00 ' $45,000 00 &67 7.00 $67,500.00 Maintenance or I raffic - 2 ~.. 1 LS "~, ". -~ .: 03 $20 000 00 $20 000 00 $30 0"^ 00 ~ _ $30 000.00 ~ 3 !As BuJd Pe A Drawsno; 1 LS 53,SU1 2 .502 20 ~ $24,000 Oc ' $24000.00 $10,Q,w JO $10 000 00 4 I NPDES _ ~: 3 ProYaction Measu res 1 LS $4 085 0 '. S $5,500 DC $5 500 00 $1,000 00 ~ _ _ $t 000,00 _ 5 .l Protect Ident~ca v Srgn . _ 2 EA $875 0., 750 00 $800.00 I $1,600 QO $750.00 T $2 500.00 6 fProfassoonaLVidao&Construc4ion Phntoguaphs 9 LS $8,7529' :;°_'5299 $920~.CJ ~ $9,20000 ,5600000 ~_ _ $5,000.00 ... 7 jlndemnificatlon 9 LS $10AC 010 '^ _ $I J.C,C 1000 ___$~_. $10.00 _.. _. $10.00 _ 8 4 PVC Cv2J (D'. a RWM (Rer - ref JoInC) 105 LF $2V.6L $46.00 $5,040.00 $40.00 $4,200.00 9......4 PVC 0900 (Cn..,l .;d`.fa. Cf ..~-~-Gn; .. .. 535 LF $169. ~ ~ S~,C a" ' $44.00_ ... $23,540.00 __.- $31 ACS _.... _. $96585.00.,, _ _ 10 ~6 PVC 0900 ,C P. 31 RWM ~c-,r ned Joint) 9,310 'I LF '&?350 `i3G,- Ga $4ZOC $61,570.00 $45.OG -- _ $58,950.00 _.___ . 19.....6•• PVC 0900 L R :''dl ,,' -On) 3 6G , LF LC ^o. 3?! - _.uJ _.. _- $44.OG _.__ _- $158,400.00 .. _ ~ ° 00 $151 200.00 _._.. _ __ 1~ 6 R a ~ ~~~~ ~ t Bnd e os !rr„- ^ke _ ^ ~ ~_ - ) ~ ' 1 LS $26 28.4_ '` n> 8-, $19 400.00 $19 400 00 __ °" ` -, .c0 il ~ _ $32071.73_ _ nCC D 8 RWM N tr 7 G ~o ") c , - 0 800.00 $63 Or _ $33 390. ~0-~ 0 t L .CCO (DR18) RWM (P h _ __ _ 14 2 i:.o LF - . 0.5 $~ ~ ~ $5 ^C $14215 00 _ $57.00 $122 835 00 _. _. "I , _ js ( ) ( ., Dh CL 350 RWM Res4raro 10F i LF $79 g 1 . $951 '~ $15855.00 $140.00 - 74700.00 +~ ~r, cct YO Existin 6"PVC RWiv ~Srn. Dc'^ C-4 9 EA $177128 $1,77' B $2200.OG .__ $2,200.00 $1,350.00 G1,350.D0 9/ _r r ,u L'xishng 6" PVC RWM L:;ta. 55n r3 (Dwg_G6) 1 EA $1,77728 $9,771.26 $2,20G Ou $2,20000 __ $1750.00 $9150:00 98 ~ ,.,cC 4o Exishng 10" PVC RWM (a7 Sta 656+78 (Dwg GS) 9 EA $2,472.7.9 $2,479 71 _.. _ . $2,400 00 _ $2 400 00_ _$2,000.00 $2,000.00 96'° PVC RWM,,, SCa 807+68 (Dwg C-10) r g 99 ~ n t .~ 0 $ $4,596.50 - $350000 _ _ 0 00 $350 $3 000 J _ - _ ~~- $3 000.00 __ _ "~ ~ a RWM 20 Gate Valy ~ _ 4 - ~ - - p $897.9 __ , I ~^ - $950 00 ____ - $3,800 00 $730.00 2 920.00 29 '.•'Gate Valve RWM ~ 15 -!. $9,020.0'_ "'°;59.25 $1,080.00 $16,20000 $1000.OJ .15,00000 22 ''.90" Gate Valve RWM 4 EA $1 884.10 r,a..;; <~7 $9 950.00 $7,800.00 $1 750 00 :7r OC,00 D P 9 F T 2 $ 40 ~ V 6 7 ~ C4 9 66 1 $ 8 $7 00 ed Water Sera ce (Residential) (Doob e) 2' Recta m 25 2 EA $1 49 ? ,3, 2J9 _ $ 800.00 1 _ $3,600 00 7 0 00 " $ $3 400. 00 _,,, 26 2 Reclaimed Water Service (ResidenGaq (Single) 2 EA $9,335.96 3_,~;r= $140000, -- $2,80000 $2 DOO.OD $4,00000 Pavement Trench RapairRWM 27,Open Cut 6,100 _ LF $28.21. _, $34.00 ~'~, $275,40000 $3300 $267300.00 , 28 '.Concrete Header Curb Restoration 20 LF $33.85 $36.'?0 $720.W $25 00 - $5~~0.00 29 ~.Conaete D Curb Restomtlon 25 LF $28.21 ~^ $35.00 3900 00 $25 00 525.00 3D Valley Gutter Restoration 250 LF $36 6' $24.00 ~ 000 00 $25 00 nC.00 31 '2"Terminal Blow-off Assembly RWM 11 EA $9570b "'30006 ,"1,300 C. $7200.00 $93200.00 32 '.8' PVC 0900 DR98) WM Restrained Joint 220 LF $29.90 s5! " u' ~fi.CS _ :,3 160 00 $40 00 $8 80@DD 33 ~ ~8'" PVC 0900 (DR98) WM (Push-On) 475 LF $23 50 i ~ ., ~ $23 W ~ $tU 925 00 $33.00 __ $15 675.00 34 8" DIP (CL350j WM Bndge Crossing (Complete) 2 LS $25,699.57 $2s,! " " ~ _ $23 000 DO - $23 000 DO $3.0,737 63 ~ - $30 937.63 _ 35 8' HDPE DR 11 (DIPS) Pipe Bursting WM 455 LF $188.97 - ~8 ~,' - $298.00 $99,190.00 _ $195 00 $88,725.00 _- __ __ 36 DIP Compact Fittings WM 1 TON $4085.04 $4,I $4700.00 ~ ~.~ $4,700.00 $7350.00 ~~ $7350.00_. ~~ ...._. ..... ._.. 37 8 Gate Valve WM 6 EA __, $1 334.10 $8,004.60 $142500 _ $8.55000 $9,300.00 $7800.00 . 38 8x8 Tappin Sleeve & 8' Gate Valve 1- EA $3 606 50 $3,L 5" $5,100.00 ~ 85,100 00 $4,300.00 $4 300.00 Assembly (irocl, 6" Ga4a Valve) _ 39 ~' re Hydrant 1 EA $4,086.80 $4,088 8u $4,450.00 $4,450 00 _.. $3,600 nC $3 800.00. _ 40 d Lineseop- - 1 EA $2,82239 $2,82239 _._$9,400.00 _ $9,400.00 $4,500.06 $4500.00 9 Sa I Pom4 5 EA $332.82 $1,664.10 $288.00 $1 440 00 _$425 OC $2 925 00 Flush Connection 5 EA $1,569 95 $7,845.75 _ $950.00 4 790 00 $1 000.0(' _ $5 000 00 - 3 ? ervice &New Meter Box (Singh) 7 EA $1,437.52 $90,062.64 ~ $1,72500 ..0:500 $1500.00 _ $9050000 _- " „F,,.c Service & Connera to Exist. Meter Box 3 EA $1,322.88 $3.965.64 $1 200.00 $3 600 00 - $9 450.00 $4 350.00 45 ~ ,°ac[to Existing 8"WM@Sta. 699+87 (Dwg G25),mcV 9 EA- _. $3,729.66 $3,729.66 $2,600.OO $2,60000 $200000 $2,000.00 ' ~ r restoration r:'_ CO.lacct 8o Existing 8" WM~ Sta. 704+42 (Dwg 626), mcl 1 EA $1,803.25 $9,803.25 $2 200 00 $2,200.00 $1 780.00 $1,780.00 c nll piC restoraY on ' ~ ~ _ __. __ 47 Gonn.. X toExasteng 6 r':'I/I @ Sta. 816+45 (Dwg C-12) 1 EA $1,771 28 $1,777 28 $2 200.00 $2,200 00 - $1,750.00 _ $1,750 00 _.. _. 48 ~.,onnuct to Ex cng8 .^°":d?~ .958+40 (Dwg C-15) 1 EA $180325 $1,803.<.. $2,200.OC~ $2,20000 $1,780.00 .. $1,780.00 'O connect to Existing 8 '.+.~ '" t . 8n0+Dwg 615) 1 EA $1 80326 $1,80_ , 5 $2 000 DD $2,000 00 $1 750 00 ~ $1 750.00 :rout Ezcsting 8 WM at r.riJge Crossing (Dwg C 15) _ 50 75 LF $9.40 _ :4 ,,., G® ~. ~$Z2C $525 00 $22 50 $9 687:50 , .. Rcmr ' g ( ~ s xl 155 LF $39.4 9 ~" J $44 uC _ _ $6.36500 $4000 _ $6,20000 _ __ -.., Vs E ~ averne tTrenchRe air WM~ 560 LF $Zg2 ~ $96 OC $19 600 00 _ $31.00 I _ $17 360 00 ,•, Joint) J C I $21 00 _ _ " $3 7 50 00 $38.00 $5 700 00 (DR18) FM (Push On~ 54 PVC 0900 640 LF $15.Oa 18 0 00 7 ___ $33 00 $21 120 0 0 , - HDPE DR11 (DIPS) Directional Ortll FM 55 385 LF $34.79 .,C - 3 48 5 00 $ ~ $67.00 _ $25 795 00 ~~~ _ 68 DireUional Drill Pd FAfi~ - - 2~ EA $7,607 8C ,..,.2 S.CS ; °' $5 200_:10 "' ,400 00 ,ni0 $2 500.00 $5 000.00 57 DIP Compact Fittings FM (epoxy coated) 0.6 TON _ $3,835.6= ':='.~~" ~ ~~ ~- -.;0 ~~ `= ~ CO $10 000 00 $6,000 00 58 4"Plug Valve FM 3 EA $757.7E S2i';.~ ~ -G LO .,!,76u...D $75000 $2,250.00 59 Remove Existing FM (inG plugs) 3,10.0 LF $37.61 i ~.;~ ~ : $42..i^~ $130,200 00 $43 50 $134 850;00 _ 6D .Install Neoprene (1/2 [h GcJ under Exost FM on Bndge(DwgG 1 LS $160769 $1,60769 100. ~_~ $1 0000 $1000.00 C $1000.00 15) & Paint FM - _ _ _ _ _ ~~ ~ ~~~ a Dw 028 _~ ~ 69 Connect to Exishng 4' FM @ S g ) ' 1 EA $178162 :.~r ~~ ` ' r.D.i _ $210000 2 50000 $1600.00 $1 500 00 1 $1500.00_ $1 500 00 FMS S[ .._.. G ,C..g C-75) _ 62-.Connect to Ezisting,4 9 EA $1,664 1,0 ~ 51 5 , , _ CO. D,! _. $ - . .. ~ . _ _- 63 Connect to Existin Sanfta Manhole g N 2 EA $3,275.3E ~ 1 $2 0 _ 0 $4.000 00 $1 000 00 ~ _ $2 000,00 64 Open Cut Pavement Trench Repair FM 750 LF I $27 26 i ? _ _ 35 0 _ $26 250.00 $31 00 $23 250.00 -7' HDPE Drainage Pipe "1 LF $99.7.! , ~_ _ $39 00 ~ $1 970 00 $63 OD $1 890.00_ 66 "~2'°HDPE Drainage Pipe 3J LF $22.5E GE $40.00 $9,200.00 _$6500 $1,950.00 67 '8°HDPE Drainage Pipe 40 i _= $28.21 ;','. $4500 _ $1,800.00 _,.._ 7000 68 -2' _iameter HDPE Draina a Basin Inlet w/ Frame & Grate 9 . EA $9 088.72 :02,088.7 $9,350 DO __ $1,350 00 _ $1 600.00 _ $1 600.00 _.__ ~ 69 ' I Irs.ide Diame4er Precast Concrete Manhole w1 Frame & 3 EA $2,146.42 $6,439.23 $4,350.OD '. $13,050.00 $3,200.00 ' $9,300.00 ~ ~' ,..te 7D a PavementTrench Repair(Drainage) ~ 90 ~ LF $27.26 =.- $43 J0. $3,87000 $4500 _ __ $4,050.00 _ _ 79 ~ do Exishng Drainage _ 1 EA $1 X0'.6; ,',60i a: $2.000.00 $200000 $100000 $9,000.00 I_Raauway Cracdc Sealing (Micro surfacong) 72 - ... 9,000 GAL .;.93 9'`` N "'7. JC $17,00000 $14.40 $14400.00 _ oae:~.a RuY Fillin Mlcrro-evefecung) 73 y 9( 35 TON $233.16 :.;,~ C-C.oJ $8,40000 _$27000 ~ _ $7,350.00 74 n Course Mioro-surFacln 318' thick] 6 21, 00 - 6 6 I ~ - 0 ° 50 OD $75 9 $3.35 $72 695.00 f LiUS, Inlets, etc 75 ~° Valve Boxes, Manhole , LS $ 7.3 $2,91 „ CO $7 9 OD 00 $7 000 DO $7 000.00 _ 76 F e e Pavement Marking & RPM S C 1 ~ LS _ $4 434 79 .., ] ~ Cu $5,000 00 $5 500 00 ~ $5 500.00 77 ! Ir...fined Underround AlVOwance 1 ~ LS $100 000.00 Oq( n f:~ i 00 OO,.CC:~ 100,000 00 $100 000 00 $100,000.00 _ 78 1P'. Fgwpmen[Allowance 1 1 LS $90500.00 $70,50 '~ $10,500 Cu $10,50000 $10,500.00 - ` $9050000 79 tE ompletion Bonus _ 1_ LS $3000000 $30,000.^C .$30000.06 $30,00000 $30,000.00 $30,00000„ TO9A~L I EJ:3 9 -79. .. _._ __.. 9,408 ~C 3.93 $ .. _. .... .... _... $9,787,685.00 ___. _...._..- ffi1 796,606.86 -- - -- _.... A9 E iDPE DR 99 (DIPS)DirectVonal DnIIRWM 16 6 LF $7700 _ $.-,"" $900.0® $96600.00 _$97500 __ $2905000. A2 ~Directiona8 Drill Pit RWM IIIIII . 2, EA _ $3 420 00 $6,840 CC _.$4,000 00 $8 000 00 $3,000 DO $6 000 00 yITEMS A9-A2 ..__ __. _. TOTAL --._ _ $19,622.ua0 ._ $24,600.00 _ _.. $35,060.00 Bond j5%) .. __ ____ YES YES. __ _. YES _. Atltlendum No.1 VES'. VES .... _. _ YES Addendum No. 2 _ _. YES YES YES Letter of Eligibility ....... -- i YES YES' YES L. I ~~•.-Math error _. ~ .._ ; .... _._. _..... :......._ ...._._.. ___ _ _... _... 2/22/2011 BIDTAB - MC #7530 Page 1 ofr 1 MATHEWS CONSULTING a EORGE BUSH BLVD. n HARBOR DR. 0 0 _~ Q ~~ 0 0 0 0 0 NE 4TH STREET NE 3TH STREET } NE 2ND STREET w Q w w z z R Q Q O U Q zr I Q W Q ISLAND DR. r w Q OWRY ST. w w m Q w w Q w 0 z Q w Q w 0 z Q TW CITY of DELRAY BEACH RECLAIMED WATER SYSTEM DATE:02/11/2011 d ENVIRONMENTAL SERVICES DEPARTMENT ®®`~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a LOCATION MAP 20~ o-ova 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief Michael Twigger, Acting Assistant Chief THROUGH: David T. Harden, City Manager DATE: February 16, 2011 SUBJECT: AGENDA ITEM 8.G.4 -REGULAR COMMISSION MEETING OF MARCH 1, 2011 PURCHASE AWARD/ PIERCE MANUFACTURING, INC. ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) Pierce Velocity HDR Pumper through Pierce Manufacturing Inc. of Appleton, Wisconsin in the amount of $547,724.29 after pre-payment discount utilizing the Florida Sheriffs Association Fire Apparatus Bid (#10-09-0907, spec #15). BACKGROUND This unit will replace an existing 1992 Pierce Lance Pumper. This current unit has exceeded its expected useful life with 152,545 miles, 16,444 engine hours and a life to date cost ratio of 135%. The new Pumper will incorporate improved performance and safety features as outlined in NFPA 1901 'Standard for Automotive Fire Apparatus 2009 Edition'. Upgrading and maintaining the fleet is essential to providing emergency services to the residents, business owners, and visitors of Delray Beach. The total pricing with selected options is $569,887.29. Pierce Manufacturing Inc. offers two Pre- Payment Options: 1. Prepay 100% and receive a discount of $22,163.00. 2. Prepay Chassis payment of $298,472.00 and receive a discount of $13,857.00. The Finance Department has analyzed the pre-payment options and concluded option 1, is fiscally advantageous to the City. If option 1 is selected the net unit price will be $547,724.29. FUNDING SOURCE Funding is available in the Capital Improvement Program (CIP) account #501-3312-591-64.25, project #2011-214. RECOMMENDATION Staff recommends approval. of the purchase of one (1) Pierce Velocity HDR Pumper through Pierce Manufacturing Inc. of Appleton, Wisconsin in the amount of $547,724.29. Feb 1S 11 02» ~4Qp p.2 PRC'1POSAIa r`O>F2 ~"URN1SH11\TG iC~'1R1C APPARATUS February _ 2011 pity of Taeh•ay Bcacl~ 5111 ~~Jest Atlantic Avc. l~clray Beach, >~1~ 33444 The undersigned is prepared to manufacture for you; upon an order being placed by you, far final acceptance by Pierce Manufacturing, lnc., at its Name office in Appleton, '4~Viscansin, t17e apparatus and equipment herein named and far the following prices: One 1'ieree Velacit 1-11~R Pun per Purchase 'l'llru Florida Sheriff's Contract 10-09~-09Q7 Fire Rescue Vehicles and optio~is. Spec 15 - L,evell 2 Pumper Optional Pre Payment Options 1Q4°lo of °,x'547,724.00 will ittclude 22, i 63.00 discautrt ar, Chassis payrrtcnt of $298,4~72A0 will offer 13,857.{}4 discount PerfoF-~ttance bond available a, ~b.40 per $1,4f3©.00 1're Payment Duo 15-Fifteen days from P.©. ~ 569,887.29 Prici~3g Good to tune 201 I Total $ 569,887.29 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached; delays due to strikes, ~var, or ia~tentiona] conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 180-21o working days after receipt of this order and the acceptance thereof at our office at Appleton, W isco~tsin, and to he delivered to ynu at l~clray l~cuckt, F'1., The specifications herein contained shall form a part oftl~e final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of tf~e ardes'to purchase; and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for tyre apparatus conforms with al] Federal Departrrtent of Transportation (DGT) rules and regulations in effect at t1~e tune of bid, and vs~itl~ all National .Fire Protection Association (NFl?A} Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified b}~ custartter specifications. Any increased costs incurred by first party because of future changes in or additions to said DQT orNFPA standards will be passed along to the customers as an addition to tl~e price set forth above. Unless accepted within 30 days fi-on-~ date, the right is reserved to withdraw is proposition. 1'1 jRC~ M~NUF CT R1NG, 1NC.. .+ By • ~~ SALES RI/PRES!~N AT1VS O C,-__ __,.-.__ ~ - ~-~~ • ~ • I~. ,1~1 J~ ' c .~ - _ d au EAC FLORIDA .~:~~{.~r:~ ~: ~c»: cya~ COUNTIES art a~ouE ~raT~ad FLORIDA. FIRE CHIEFS' A.SSOCIAT'ION, FLORIDA SHERIFFS ASSOCIATION' & FLORIDA ,ASSOCIATION OF COUNTIES 2011 LEVEL TY CUSTOM PUMPER Specif cation # 15 (Custom Chassis -~ 4 Door) The Custan~ Pumper, purchased through this contract names with all the standard equipment as specified by the manufacturer far this model and FSA's base velzinle specification(s) requirements which are iz~:cluded axad made a part of this nontract's vehicle base price as a~~rarded by manufacturer by speeifzcation by zone. MODEL: Pierce Arrow XT Series ZONE: All Zones BASE PRICE: $882,173.00 BODY: Formed Aluminum MANUFACTURER: Pierce Manufacturing, Inc. MODEL: Pierce Velocity Series ZONE: Ali Zones BASE PRICE: $389,854.00 BODY: Fanned Stainless Steel MANUFACTURER: Pierce Manufacturing, Irzc. Pierce Quantum Series All Zones $38'7,27.00 Formed Galvanneal Steel Pierce Manufacturing. lnc. While the Florida Fire Chiefs' Associatinn. Florida Sheriffs Association and Florida Association of Counties have atterr~pted to identify equipment required to meet all current NFFA 1901, (2009 edition), applicable for pumper f re apparatus Chapter 5 and other requixed chapters, FMV55 (applicable ax-eas) and NI-1TSA standards, we realize equipment needs and preferences are going to vary frorr~ agency to agency. Any options required nr changes required by purchaser shall be made through the vendor listed. Purchasers are advised that the above referenced vehicle spenification comes equipped as a base unit only, The Florida Fire Chiefs' Association, Florida Sheriffs Association and Florida Association of Counties have identified and equipped Che base unit with those spenificatians and equipment items required to meet all current NFPA. Since equipment needs and preferences are going to vary from agency to agency, arty additional options required or nhanges to the base unit desired by tine purchaser shall be made through tl~e manufacturer listed. NOTE: Az7 official listing of all add/delete options and their pt~.ces should be obtained from the appropriate vendor. Bid Award Ar[nauncement [YO-Q9-09D7j 184' ~~ ` ~ ~ Proposal Qptian List 211412D11 Customer : Delray Beach Bid Number : 214 Representative : Schneider Michael DB Version: 42.OO.OD79.0004 Organization : Ten-8 Fire Equipment, Inc Bid pate : D212612011 Requirements .3ob Number laescription : Delray Beach 174 HDR Pumper Body : Pumper, Heavy Duty Rescue, Alum Chassis : Velocity Chassis, HDRP {Big Block}, 201 D Option option Description Qty Price 05886D9 Specification #15 -Level II Custom Pumper 1 389,854.44 1 O.DO 0581$35 Bailer Plates, Pumper 1 0.00 0018007 Single Source Compliance 1 00 0 0533316 Comply NFPA 19D1 Changes Effective ,tan 1, 2409, With Exceptions . 0533347 PumperlPumper with Aerial Device Fire Apparatus 1 O.OD 0588611 Vehicle Certification, Pumper 1 1 0.0D D 00 0588821 Agency, Apparatus Certifcation, PumperlTanker, U.L. . D008436 CareerlPaid Department 1 1 0.00 D.00 0536644 Customer Service Website 1 D.OD 0537375 Unit of Measure, US Gallons 1 0.00 00304D6 Bid Bond not requested 1 QO D 0640326 Performance Bond, Not Requested . O DO 4DD40D7 Approval Drawing 1 1 . 04 D 0564204 Velocity Chassis, HDRP (Big Black), 2010 . 1 0.44 0000110 Wheelbase Wheelbase - 205.50 1 D.00 OODDD74 GVW Rating GVW rating - 5380D 0000203 Frame Rails, 13.38 x 3.60 x .375, DLXIQtmlEnflAXTllmpNel 1 0.00 0060637 Frame Liner, lnv "L" 12.68" x 3.00" x .25", AXTNelllmp, Full Length 1 1,529.02 D5D8849 Axle, Front, Oshkosh TAK-4, Nnn Drive, 22,800 Ib, ImpNel 1 0.00 0010427 Suspension, FrontTAK-4, 22,8001b, DLXIEnflQtmlAXTllmpNel 1 11,248.00 4087572 Shock Absorbers, KONI, on TAK-4 DUCIQtm1AXT/EnfllmpNel 1 0.00 0000322 Oil Seals, Front Axle 1 1 4.40 D OD D594821 Tires, Goodyear, 425165822.50 20 ply G296 MSA SS tread . 0019611 Wheels, Frt, Alum, A€coa, 22.50" x 12.25" (4251 & 385I~ 1 0•DO 4630467 Axle, Rear, Meritor 8530-185, 31,ODD Ib, ImpNel 1 5,402.00 0544244 Top Speed of Vehicle, 6D MPH 1 0.00 0122074 Suspen, Rear, 5tandens, Spring, 31,000 Ib, ImpNel, Non-Rescue 1 206.OD DOD0485 ©il Seals, Rear Rxle 1 0.04 D599205 Tires, {4} Goodyear, 315180822.50 18p1y All Season Regional RHD I1 G137 1 761.OD D019668 Wheels, Rr, Alum, Alcoa, 22.50" x 9.00" single rear 1 0.00 0568081 Tire Balancing, Counteract Beads 1 D.40 0545391 Tire Pressure Monitoring Valve Cap 1 0.00 Qty, Tire Pressure Ind - 6 OD99183 Bands, Wheel Safety Bands, Tyran, Custom Chassis 2 1,776.86 Location -front tires Qty, Wheel Safety Band - 02 0003246 Axle Hub Covers wlcenter hole, SIS, Front Axle 1 0.00 40D196D ~ Axle Hub Covers, Rear, SIS, High Hat (Pair) 1 4.00 0442045 Cover, Lug Nut, not required 1 O,Oq 0002045 Mud Flaps, w/logo front & rear 1 4.00 0010670 ABS Wabco Brake System, Single rear axle 1 O.DO Page 1 of 13 0030185 KnorrlBendix 17", Disc, Frt, TAK-4, DLXIEnfiQtmlAXTllmpNef Brakes 1 D.00 DOD0740 , Brakes, Meritnr, Cam, Rear, 1S.5D x 8.63" 1 1 O.DD 0.00 DD58463 Air Compressor, Brake, Bendix 15.8 CFM 1 0.00 OOOD786 Brake Reservoirs, Four 1 D.OD 0568012 Air Dryer, Wabcn System Saver 12DD, 2010 1 0 DD 0000790 Brake Lines, Nylon 1 O.DD 0000854 Air Inlet, wlDisconnect Coupling Location, Air Couplings} - a} D5 Step Wefl Qty, Air Coupling (s) - 1 1 456.54 0000860 ©utiet, Air, with shut off valve Location, Air Coupling{s) ., h) DS Pump Panel Qty, Air Coupling {s) - 1 1 0 00 0591797 Engine, DDC DD13, 450 hp, 1550 ft-Ib, EPA 2D10, Velocity . 0 00 D001244 High Idle wlElectrnnic Engine, Custom 1 1 . 0.00 D59D3DD Engine Brake, Jacobs, DD13 Switch, Eng'sne Brake - f) DD13 1 0.00 0552334 Clutch, Fan, Air Actuated, Horkon Drive Master 1 O.OD 0123135 Air Intake, wlEmber separator, ImpNel 1 O OD 0565966 Exhaust System> 5", 2010 DD13, ISX engine, Horizontal, Driver Side 1 . D DD 0557543 Radiator, ImpNel 1 0.00 0511426 Cooling Hoses, Silicone 1 D,00 0001125 Fuef Tank, 65 gal 1 D.DO OOD1129 Lines, Fuel 1 0.00 0595087 DEF Tank, 4.5 Gallon, DS Fif{, DD13, fSL9, ISX 1 225.OD D552862 Fuel Pump fior Repriming, Special Switch Location Location - in engine compt, close to fuel pump D5525S7 ShutofF Valve, >wuel Line @Fuef Tank 1 1 120.44 0•DD 0553D19 Cooler, Engine f=uel, ImpNel, AXT,Qtm 1 396.55 0578959 FuellVllater Separatnr, Racor Inline 1 DO D 0551837 Trans, Allison Gen IV 4000 EVS P, ImpNeIICBBC With Prognosfics 1 . 284 DD 1 0510877 Transmission, Shifter, 6-5pd, Push Button w14+2 mode . , Trans, ratio - 4000 EVS, 6Spd 1 0,00 D507303 Transmission Oil Cooler, Champ Allison Approved TES-295 Synthetic, IPOS, Custom ies Trans 000 S 1 416.37 DD27844 , er Fluid, 4 1 O.DO 0001375 Driveline, Spicer 1810 1 O OD 0581186 Sheppard M11D wltilt, TAK-4, 3 Line Pump, wl Cooler Steering . 0509230 , Steering Wheel, 4 Spoke without Controls 1 1 0.00 D.OD D550144 i-ognlEmbfem, on Horn Button Text, Row One - T Text, Row Three - D Text, flaw Two - B 1 479.69 0544802 Chocks, Wheel, SAC-44-E, Folding D544806 Qty, Pair - 01 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 335.13 Location, Wheel chock - under D1, wili not ~Ft below D3 Qty, Pair _ D1 1 DAO 0123625 Bumper, 19" extended, ImpNel 1 D.DO D510226 Lift & Tow Package, lmpNei, AXT 1 563 88 0005739 Tow Eyes, Chrome, Chicago Style, Top of Deck 1 . DO O 0012225 Gravel Pan, Extended Bumper 2 . 219.D4 D591013 Hose Restraint, Bumper Tray, Velcro Straps Location 7 -driver & center Qty, - 02 1 O.DD 0012251 Tray, (1) Hose Left Side of Bumper Capacity, Bumper Tray - 19) 1 DO' of 1.75" Grating, Bumper extension -Grating, Rubber OD12222 Tray, {1} Hose Right Side of Bumper 1 364.24 Capacity, Bumper Tray - 26) 15' of 5.00" Page 2 of 13 Grating, Bumper extension -Grating, Rubber 1 0.00 0565521 Cab, Velocity 2010, 701 D Raised Roof 1 0.00 0122485 Cab Lift, EIeclHyd, ImpNel 1 0.00 0123178 Grille, Bright Finished, Front of Gab, impelNelocity 1 808.05 0002224 5cuffplates, SIS At Cab Door Jambs Material Trim/Scuffplate - c) SIS, Polished 0527032 Trim, SIS Band Across Cab Face, Rect Lights, Velncity 1 O.DO Material TrimlScuffplate - e) 515, Patterned 1 0 00 0087357 Molding, Chrome on side of cab Door mat {600pFFHR-750} htd/rmt an canvx lt lb 1 715.00 0032191 , , - o Mirrors, Ramco, w 1 102.51 0022186 Riser, Ramcn Mirror, 4.00", Pair 1 00 0 Q5257g0 Door, Standard Height, Raised Ronf Cab, Brushed Stainless Panel 1 . 0 00 0528167 Nnt Required, Scuffplates, Gab Daor, ImpNel 1 O OD 0550229 Storage Pockets wl Elastic Cover, Renessed, Rotomnlded, lmpNef . 0 DD 0510218 Controls, Electric Windows, All Cab Doors, Impel & Velocity 1 1 898.43 05124'19 Elentric Door Locks, Cab Doors, ImpNei 1 392.59 D512420 Key Pad, Electric Door locks, DS & PS, impNel 1 0.00 0555485 Steps, 4-Door Fu11 Tilt Cab, Std, ImpNel 1 916.36 0552558 Steps, Stirrup, Cab & Crew Cab Doors, ImpNel 2 Lights Per Step LED wlBezel Ri-Tar s St 1 82 91 0509656 , , , ep Lights, Cab and Crew Cab Access 1 0 DD 0002140 Fenders, 51S on cab 1 0.00 0199228 Window, Side of CIC, IOS FixedlPS Nnne, ImpNel 1 0.00 0552938 Trim, Cab Side Window, DS, Velocity 1 0.00 001209D Not Required, Windaws, FrnntlSide of raised roof 1 0.00 0509287 Windaws, Rear CC, {2) 8" x 14", impNel 1 0•DO 0553196 Trim, Cab Rear Windows, Velocity 1 206 56 0551779 Work Surface, Aluminum, Engine Tunnel, Ofticer Side, VelJlmp 1 252,38 0123886 Drip Rail, Cab Raaf, ImpNeIICBBC 2 68.97 0553057 Holder, Gup, CablCrewaab, Each Qty, - 02 ABS Console, Vinyl Covered Walls, VelocifylCBBC b Interior C 1 D.DO 0199687 , a Color, Cab Interior Vinyl - a) SilverlGray 1 0.00 q,p94g2 Cab Interior, paint color, ImpNel Color, Cab Interior Paint - a) gray 1 0 0D 0509532 Floor, Rubber Padded Cab & Crew Cab, lmpNef 1 O.OD 0122520 Heaterldefroster, ImpNei 1 0.00 D559378 Air Ganditioning, ImpNeI1CBBG 1 146.48 0550157 Drain Lines, AIC, Goleman Air Conditioning Condenser, 4-way, Cab Ronf Aerial Brush Guard/Gover 1 639.62 0028432 0002478 , Brush Guard, 4-way, Air Ganditioning Condenser, Cab Raof 1 1 484.66 701.D0 2 0012.485 Air conditioning, Goleman Mach III, 12gV, Cab Roof 1 , D O0 0543257 Grab bandies, Driver Daor Post & Passenger Dash panel, impNel 1 0.00 0002526 Light, Engine Gnmpt, Ail Custom Chassis 1 D.00 0122518 Fluid Check Access, ImpNei, AXT 1 2,082.23 0583040 Frontal Impact Protection 1 O.DO 0699999 Nnt Required, Frontal Impact Protection, 2010 1 0.00 Dggggg8 Not Required, Side Roll Protection Pankage, 2010 g 0.00 0000109 Seating Capacity, Gab 0697006 Qty, - 06 Seat, Driver, Pierne P56, Premium, Frontal Impact, Air Ride Hi-Back 1 1 1,742.00 071 00 1 0696991 Seat, Officer, Pierce PS6, Premium, Frontal Impact, Air Ride, SCBA 1 . , 0.00 0510038 Radio Gompt, Behind Frt Passenger Seat, ImpNel 1 0 DO 0102788 Not Required, Seat, Rr Facing CIC, DS Outboard 1 0.00 0102783 Nat Required, Seat, Rr Facing CIG, Center 1 52 073 1 0199549 Cabinet, EMS, Rear Facing, PS, 20 Wide x 42 High x 26 Deep, Lt Feature , , Door, EMS Cabinet -Vertically hinged doer, wllock Short EMS Compt - Amdor, Both Sides Light 0122718 , Seat, Forward Facing CIG, DS Outboard, Fllp Up Cushion, ImpNel 1 0 00 Page 3 of 13 0123169 Seat, Forward Facing CIC, Center, (2) Pierce f'S6, Base, SCBA 1 1 D.DO OD O 0122731 Seat, Forward Facing CIC, PS Outboard, Fl'€p Up Cushion, 1mpNel 1 . 124.84 0042264 Shelf, Adjustable, EMS Campt, 1.25" Lip Locatinn - PS rear face Qty, Shelf - 01 1 D.00 05113DD Uphofs#ery, Seats in Cab, All lmperiak 1200, Pierce PS6 Color, Cab interior Vinyl - h) GraylBlack 3 1,537.D0 0543991 Bracket, Air Bottle, Wands-Free ll, Cab Seats 0025527 Qty, - 03 Inserts, Back Rest far PS6, PSV, 911 SCBA Seats, (New Style) 3 207.09 Location -officer and rear Qty, Inserts for SCBA Sea - 03 g D.DO D553393 Seat Belt Weight Adjustment, lmpNet Qty, - O6 1 0.00 0547293 Seat Belts, Red 1 D.OD 0542388 Seat Batt Monitoring System 1 324.64 D543133 Bracket, Welmet Wokder, Zico UWW-1 Qty, Welmet Storage 8rkt - 6 1 103.86 05D9978 Lights, Dome, Weldon, LED, Two (2) Lights, Dual Light and Lens 1 85 126 D509984 Lights, Dame GC, (2) Weldon, 8081-8D00-13, LED, RedlClear, Gry Bezel 1 . OD O 0568369 Cab Instruments, ivory Gauges, Chrome Bezels= lmpelNeiocity 2D10 1 . 0 OD D509511 Air Restriction Indicator, impNel, AXT 1 00 0 D509921 Switching, Cab, Membrane, ImpelNelncitylQuantum, AXT MUX . Location, Emerg 5w Pnls -Driver's Side Overhead 1 0 DD 0555515 Wiper control, 2-speed with intermittent, ImpelNelocity 2 158.88 0548D06 Wiring, Spare, 15 A 12V DC, Second 12vdc power from - a) battery direct Location - ane each side below rear fold down seatswl 12" leads Qty, - 02 Wire terrninativn - b} butt splice 1 125.56 0548004 Wiring, Spare, 15 A 12V DC, First 12vdc power from - a) battery direct Location -officer side electrical panel 51 Qty, - 01 Wire termination - p) 15 amp power point plug 2 654.04 0531985 Cover, Vinyl, Tripod Light Wead Locatinn -each push up light Qty, - D2 1 770.86 0594194 Radio, Panasonic CD, NOAA Weatherband, MP3 Antenna, AMIFM Radio - c) Ranf-mounted rubber antenna Locatinn, AMIFM Radio - b) within reach of the officer Speakers, AMIFM Radio - a) One (1) pair of speakers 1 634.00 1 0087852 Vehicle Information Center, 7" Color Display, MUX 1 , O.DO 0543930 Vehicle Data Recorder, Dual Module 1 934.69 6 OD79870 Intercom, David Clark, 4-Pns, 2-Radio, D(RPTT),O(RPTT),2C , CCab - 2) forward facing seats intercom location OOD6208 , , Cable, Radio to Intercom Interface, David Clark, Single 1 361 14 Radio, First Two-Way MakelModel - motoroia Astro with PTT Delray Beach 0512685 20467 Antenna, Mount Only, For 2-way Radio, Std, Vet/irr€p, wlincation feature 1 0.00 Location -behind ps seat Location, Antenna Cable - a)nfficer seat box Qty, Antennas -one (1) For 2-way Rodin Std, DLXIEnf1AXT![MPNEL Mount Only Antenna 1 115 62 D022853 , , Advanced Electronics and Control System, Diagnostic LEDs Command Zone Pi 1 D.00 D509965 , erce OD79212 Batteries, (8) Exide Grp 31, 95D CCA each, SAE Posts 1 1 703.OD DOD D008621 Battery System, Single Start, All Custom Chassis Page 4 of 13 1 0.00 0123174 857 Battery Compartment, ImpNel Sngl Sys, Xantrex TrueGharge2, 40A, Remote Charge Indicator Gharger 1 878.08 0567 , Location -match 1as# unit 20467 1 0 OD 0012782 Location, Charger, Front left body compt it 20487 locate in D3 below offsetfront corner see photo Location -see last un 0536099 on file location, Battery Charger Indicator, Driver's Step Area 1 2 80,77 913 D8 p018857 Shoreline, 20A 120V, Kussmaul Auto Eject, "Super" Kussmaul Cover - d) yellow Golor , Connection, Shoreline - RDOF AC, REGPT P1, P3, AND EMS GOMPT., SEGONb SP TO BATT CI-IARGER Qty, Shoreline - 2 1 80 84 pg2Ea80p Shoreline Location Location, Shoreline (s) - 22) DS Crew Cab 1 229.10 0036802 Sub Feed Breaker Bnx, For Shoreline Location, C8 Panel - D3, TANK WALL SEE P1CS 19336120467 1 354.1fl 0036800 Swi#ch, Auto Transfer, Up to 30Amp Connection, Transfer Swit - RECPT P1, P3, EMS REGPT., AND CAB 111) AC 1 1,810.00 0566294 Alternator, 430 amp, Niehoff C680-1 1 0.00 0092582 Laad ManagerlSequencer, MUX Enablelbisable Hi-Idle - e)High Idle enable 1 0.00 0525517 Lighting, FMVSS, Cab, Ri-Tar LED ClrnnllD, 1mpNel Rent Headits 1 00 619 Whelan Super 600 LED, 2pr, Q Bezel, VELlIMP . 0519379 Light, Front Zone, Color,Whln Sup80D LEID,INN - a) rdlyd Golor,Whln Sup600 LED,OUT - a} rdlyd 1 0.00 0589905 Alarm, Back-up Warning, PRECO 1040 1 0.00 0031972 Manuals, Two (2), Fire Apparatus Parts, Gustom Chassis 1 0.00 0002905 Manuals, Two (2} Chassis Service, Gustom 1 0 OD 0032433 Manuals, Two (2) Ghassis Operation, Custom 1 0.00 0002928 Electrical Diagrams 1 0.00 0545073 Amp Draw Report, NFPA 2009 Edition 1 0.00 0002758 Amp Draw, NFPA Radio Allowance 1 0.00 0077700 Pumper, Heavy Duty Rescue, Alum 1 0.00 0554271 Body Skirt Height, 20" 1 D 00 0590253 AudioNideo System, USE FOR QUOTE 1 095A0 2 0077732 Tank, Water, 750 Gallon, Poly, HDR Pumper, (174"} 1 , O.DD 0003405 Dverflow, 4" Water Tank, Poly 1 0.00 0028107 Not Required, Foam Cell 1 293,74 0044431 Sleeve through Tank - Up to 3" Plumbing Qty, Sleeve - 1 1 0.00 0553729 Not Required, Restrainfi, Water Tank, Heavy Duty 1 0.00 0003429 No Direct Tank FiH Req'd 1 O.DO 0003424 (No Dump Valve required) 1 0.00 0048710 Jet Assist Nat Req'd 1 0.00 05'i4778 Not Required, Switch, Tank Dump Master 1 0.00 0512473 Hose Bed, HDR Pumper (Gapacity) " Fill in Blank - 174 body 1200 5", 900` 2.5", 200' 2.5 1 0.00 0003481 Hose Bed Capacity, Special " ' 2.5 Capacity, Hosebed - 174 body 1200' S", 900` 2,5", 200 2 449.00 0077704 Divider, Dose Bed, Unpainted, HDR Pumper Qty, Hnsebed Dividers - 2 2 1,233.72 0080233 Divider, Hose Bed, .25" Sheet, Unpainted Location -see layout Qty, _ D2 1 7,346.00 0087562 Gnver, Hose Bed, Roller Shutter, Pumper Golor, Vinyl Gover - a) red 1 509 76 0508038 Flap, Rear of Roller Shutter Hose Bed Cover, Vinyl, wf Fnatman Loops . Page 5 of 13 Color, Vinyl Cover - a) red 1 D.00 D077725 Runningboard, HDRP Angled Corners, HDRP Full Width lFlush Rear i " 1 2,120.11 p5pg774 , , on w Extens Tailboard, 10 1 D.DO 0023531 Tow Hooks, HDRP 1 D.OD DD77723 Gonstructinn, Cnmpt, Alum, HDR Pumper 1 7,194.00 D0877D6 Campt, DS Rol Dr i-iDR Pumper, 174" 1 6,471.D0 D087709 Compt, PS Rol Dr HDR Pumper, 174" 6 12 431 p041165 Doors, Rall-up, Gortite, Painted andlor Locking, Side Compartments . Calor,Gortite,Rall-upDoor -Painted Latch, Gortite, Roll-up -Lucking, match custom cab door Qty, Dnor Accessary - 06 1 926.76 0077711 Compt, Rear Rol Dr 41 "}-I HDRP 1 O.OD D04D778 Door(s), Roll-up, Gortite, Satin Finish, Rear Compt 1 0.00 0554995 Nn Body Modification Required 6 722.61 DD19845 Guard, Drip Pan, SIS, Roll-up Door LOCatinn, Dnor ACCeSSDry - ~aCh compt. with rnll up Qty, Door Accessory - 06 ~; 334 87 OOD3918 Pull Strap far Doors Lncatiun, Doar Accessory -ail doors except rear Qty, Dour Accessory - 06 1 321 65 D045678 Access Door Gargo Compt, P5, Alum 4-way, Vertical htinge 1 0 00 0003982 Tray, 500 Ib Slide-out, 2" Sides -Floor Mounted Location - P1 Qty, Tray (slide-out} - 01 3 Q97.70 4 0043983 Tray, 500 Ib Slide-out, 2-Way Trans Slide wI4" Sides-Adj Ht , Lncation - TBD Qty, Tray (slide-out) - D3 1 593.OD D083986 Tray, Adj., 30 Deg., TiItlSlide-out, (215 Ib} Location - P2 423 Qty, Tray (slide-out) - 01 Backboard Storage (2}, Over Pump and Forward, Access Both Sides Compt 1 1,481.35 0062 , Door, Material, Storage -stainless steel Size - 2x17x74 50D Ib Capaci#y, Full WidthlDepth Adjustable es l Sh 8 852.00 08999D9 , , e v Location, Shelf - 2 D1 upper, 1 D2, 1 D3 upper offset, 1 P1, 2 P3, 1 R1, sww 19336 112 self Qty, Shelf - 08 7 339.DD 0003945 Shelf Tracks Location - AS LISTED Qty, Shelf Track - D7 1 0 DO 0004016 Rubrail, Aluminum Extruded, Side of Body 1 804 81 051D626 Fender Crowns, Rear, SIS, Wider Than Std• 2 D85.57 2 D004069 Hose, Hard Suctinn, 6A0", Clear Corrugated PVC , - Qty, Hard Suction Hnse - 2 1 1 198 47 OOD4095 Troughs, H.S.H., (1) Each Side 1 D.00 D5562D8 Handrails, Side Pump Panels (5) 1 0.00 OOD4126 Handrail, Beavertail -Std. q 0.00 0004146 Handrail, Rear Below Hose Bed 2 399 49 DD04154 Handrail, Extra - 1 D" Long Locatinn, Handrails -REARWARD ABOVE D1, LOCATE ON PRINT Qty, Handrails _ 02 3 523.00 0074290 Gnmpt, Air Bottle in Fender Panel, Dbl Wide Location, Bracketlcomp. -ONE DS FRONT, TWO PS FRTlRR Qty, Air Bottle Comp - 3 3 43D.42 0088099 Insert, Air Bottle Compt, W-Shaped, 2nd Gen Fill in Blank - SCBA BOTTLE COMPT Qty, - 03 1 O.OD 0004225 Ladder, 24` Duo-Safety 900A 2-Sect Page Fi of 13 ~ D.oD D004230 Ladder, 14' Duo-Safety 775A Roaf Ladders Stored thru Body Comets, HDRP, Aluminum Treadplate Daor Rack 9 D.00 0077746 , Location, drive~'slpassen -driver's 1 D.OD D014245 Ladder, Folding, 10' S85A, Duo-Safety, wlMtg Loaation, Fold Ladder.. d) Ladder comp 1 271.71 ODD4259 Slides, Dura-surf, Ladder Storage Rack 1 O.DO 0502990 Pole, Pike 6` Akron, Fiberglass Location -LADDER COMPT Qty, Pike Poles - 9 9 0.00 0502995 Pnle, Plke 12' Akron, Fiberglass Location -LADDER COMPT Qty, Pike Poles - 1 1 0.00 0533377 Pole, Pike 8', Pumper, Provided by Fire Department 1 0,00 0533375 Pike Pnie, 6', Pumper, Provided by Fire Department 2 D.00 0004361 Tubes, Alum, Pike Pole Storage Location - IN LADDER COMP7. Qty, P'ske Poie Tubes - 02 1 0.00 009 7713 No Equipment Deck Required 1 0.00 OD04380 Steps, Folding, Front of Bndy, Eberhard 1 0.00 8591883 Steps, Folding, Rear of Body, Trident Coating, Step -Luminescent Puil-aut & Drap Down,26" Wide 00" Dee l 8 1 415.65 D0205D0 p, . e, Step. Camper Sty Location, Additional Step -below tail beard Qty, Pullout Step - 01 3 788.70 0501499 Step, Folding -Extra, Body Oniy, Luminescent, Trident TWO ADDTiONAL DS FRONT BODY, ONE PS Location, Additional Step - FRONT Qty, Step - 03 1 -2,420.00 0004415 Pump, 1250 CS Single Stage,Wateraus 9 0.00 0004481 Packing, GrafniL, Waterous 9 0.00 0091446 Pump Setup Charges NIA 1 D DO 0559769 Transmission, Pump, Waterous C20 Series 1 D.DO 0535256 Shift, Air w! Manual Over, Split Shaft PTO,Waterous 1 0.00 Q003148 Transmission Lock-up, EVS 1 0.00 0004547 Auxiliary Cooling System 1 D.DO 0014486 {No Transfer Valve Required on 1 Stage Pump) 1 0.00 0004517 Valve, Relief Lntake, Elkhart Control Knob TGA400 INGONTROL 1 933.00 0527225 , , Controller, Pressure, FRC, 1 0 DD 0024543 Primer, Hale, ESP, Fnr An Other Pump 1 892.28 0024962 Thermal ReFiefi Valve, OPM, Wateraus 1 D.OD 0058515 Manuals, Pump {2), CD q D.00 0089351 Plumbing, Stainless Steel & Nose {Control Zone) 1 D.00 0089437 Plumbing without Foam System 1 D.00 OD04645 Lnle#s, 6.00" - 1260 GPM or Larger Pump 9 0.00 0004646 Cap, Long Handle Pump Inlet, NST - VLH 1 0.00 0533193 Valves, Elkhart Unibody -Ali Ball Valves 1 0.00 0004660 Inlet, LH Side, 2.50" gated 1 1,069.88 0004680 Inlet, RH Side, 2.5D" gated " 2 O.DO 0096158 Valve, LnLet{s) Recessed, Side CntrL, „Control Zone Qty, inlets - 2 1 298.15 0034720 Anade, Zinc, Pair, Purr~p Inlets 1 0.00 0004700 Lniet ContraL At Valve 4" to 6" Front w15" plumbing, wlBleeder Valve, Saber, Dash-S, Imp, Vei Inlet 1 7,602.20 0544956 , Drain, Suction -Swing Nandie Inlet, Size -Six 1 743.53 0014823 Control, Electric, Front Lniet, w11D Lights 1 628.62 04(79620 Intake Relief Valve, Front Inlet q 0.00 0004788 Cap, Lang Handle -Front Inlet - VLH Page 7 of 13 1 '1,462.66 0048644 Swivel, Smaath Chrome, 6.DD" Front Inlet 1 O DO 0092569 Na Rear Inlet (Large Dia} Requested 1 O.OD 0092696 Na Rear Suction Cap 1 0.00 0064116 No Rear Inlet Actuation 1 0 00 000964$ Na Rear [make Relief Valve Req'd 1 D.00 0092568 No Rear Inlet {auxil'€ary) Requested 1 D.00 0563738 Valve, .75 Bleeder, Aux. Side Inlet, Swing Handle 1 0.DD 0029043 Line, 3.00" Tank to Pump 1 O.OD ODD4905 Dutlet, 1.50" Tank Fill 2 1,524.D0 OD04940 Outlet(s), LH Side, 2.5©" Qty, Discharges - D2 1 0.00 D09257D No Additional Outlet (LH) Requested 2 D.00 0004945 Outlet(s), RH Side, 2.5D" Qty, Discharges - 02 1 -864 DD 0005030 Dude#, RH, 3.00" wl 3.00" (added) Qty, Discharges - D1 1 0.00 D029137 Not Requested, Large Diameter Discharge 1 0.00 D024934 Outlet, Front, 1.50" w12.00" plumb & swivel, Top of Bumper Location, Dutlet - b) driver's side Qty, -1 1 D.oD 0004995 Outlet, Rear, 2.5D" Location, Outlet _ a) passenger's side Qty, Discharges - 01 1 0.00 4D92S74 Nn Rear Outlet (Added) Requested 1 O.DO OD92573 No HosebedlRunning Board Dutlet 1 0.00 0085076 Caps for 1.50" - 3.00" Discharges -VLH 1 0 00 Dg$8739 Valve, .75 Bleeder, Discharges, Swing Handle 1 D.00 0005D91 Elbows, 45 Degree - 2.5D" Outlets LH -VLH 1 D.DO 0035D94 No Elbows Req'd {Added LH Outlets) 1 0.00 D025091 Elbows, 45 Degree - 2.5D" Dutlets RH -VLH 1 O.OD 0045097 Elbow, 3" FNST x 5" Starz wlCap 1 O.OD 0045091 Elbows, 45 Degree _ 2.50" Outlets Rear -VLH 1 D.DO 0085695 Na Elbows Req`d, Added Rear, Large Outlet 1 O.DO D007308 No Elbows Req'd, Side Large Dia Discharge 1 DAD DD62133 Control, Outlets, Manual, Pierce HW if applicable 1 0.00 0005065 Outlet, 3.D0" Deluge (Riser) 1 565.93 3 0543566 Monitor, Elkhart Stinger 8297 (2) 2.5' inlet portable base , Monitor Finish -Unpainted 1 610.50 4D46997 Nozzle, Elkhart ST-194, Stacked Tips and 282 A shaper 1 0.00 OD05070 Deluge Mount, NPT 1 0.00 0025140 Not Required, 1.5D" Crosslays 1 0 00 0029196 No 2.5D" Crosslay Requested 5 w/Poly Tray, Top MtlSide Cntrl, Std, Cap. 5" (1) 2 1 2 1 8,169.D0 0029260 . . ) Speed, ( 1 0.00 0500535 Not Required, Hose Restraint, CrnsslaylSpeedlay Bi-Fold, Top Dnly inum Treadplate Al l 1 600.95 0580875 , um ay, Hose Restraint, CrosslaylDead Restraint Location - Fror€t Stay arm, Tray Cover - t) rubber latch 2 211.67 0590884 Hose Restraint, CrosslaylDeadlay, Vinyl Cover, Top Color, Viny] Cover - a) red Qty, - 02 Restraint Location -Front Type of fas#ener -Lift-a-dot - 1 side of crosslayldeadlaylspeedlays 41 356 OD83150 Cover, Speedlay, Front, Vinyl Snap 1 . Color, Vinyl Cover - a) red 2 521 25 0009172 Cover, Speedlay, Vinyl w1114 turn & Velcro, Each Side Color, Vinyl Cover - a) red Qty, - D2 2 605.11 0013903 Panel, Access to Pump, Back Wall of Speedlay Page 8 of 13 Location -both speedlays, large as possible Qty, - 02 1 446.49 0038605 Tray(s), Pnly, Additional, speedlays Qty, ° 1 1 0.00 0044333 Not Required, Foam System 1 0.00 0012126 Not Required, CAF Compressor 1 835.70 0552517 Fnam Outlet, 1", wlQuick Disc, Side Pnl, 318" Flush 1 0.00 0042573 Not Required, Foam System Demonstration 1 1,578.86 0045455 Foam Tank, 30 gas Poly 1 OAO D09111D Not Required, Foam Tank Drain 1 0.00 OD91079 Nat Required, Fnam Tank #2 1 0.00 OD91112 Not Required, Foam Tank Drain " ~ O.DO 0007590 Pump House, Side Control, 52" "Waterous Control Zone 1 OD O 0518215 Pump Panel Configuration, Controi Zone, Special Layout Information , Fill in Blank -match 20467 1 966.41 0005525 Pane{, Pump and Gauge, Brushed 5I5 1 O.DD 0005577 Panel, Pump Access -Pass Side and Front 1 0.00 0037739 Pump House Structure, Raised , Included with Ladder Storage 9 0.00 05883$2 Engine Indicators, included With Pressure Controller q O.DO OOD5601 Throttle Included w/ Pressure Gnntralier 1 D.00 0549333 Indiicators, Engine, Included with Pressure Controller 1 155.58 D005780 Gontrai, Air Horn at Pump Panes 1 287.87 D025635 Danr, Pump Access, 51S, P.S. 1 0.00 0511078 Gauges, 4" Master - Giass 1, 30"-0-600psi 1 137.06 ODD5714 Gauge, 2,5" Pressure -Class 9, D-400psi 1 0.00 0062586 Gauge, Water Level, Class 1, Pierce Std. 1 897.64 0084763 Gauge, Ernst Sight Water Level, w1Red Bail, TATS 1 D.00 0006774 Not Required, Foam Level Gauge 1 43521 0560310 Light ShieldlStep 8", On Scene wlRi-Tar LED 1 527.01 D018558 Microphone & Speaker wlLauvered Door -Side, SPl Size Size - 12HX10WX6D SEE P1C`5 20467 1 0.00 0509732 Electrical, lmpelNelocity/Contender Big Block 9 0 OD 0556360 Lights, Step, Ri-Tar Model M27HW2 Super LED 1 0 00 D039821 Lights, Tail, Whelen 60D, LED fo[ use wl Whelen Housing, Pap Arrow 1 . 00 0 0039202 Lights, Backup, Whelen 600, Halogen, far use w/Whelen 3 & 4 Place Housing 15D50R and Ri-Tar LED Truck-Cite Rear l 1 . O.DO 0511567 , , earance, Lights, ldentificationlC 1 54 441 0045550 Bezels, Whelen, (2} CAST4V,-For mtg (4) Whelen 600 lights 1 . 00 0 68678 DirectionallMarker, Intermediate Light, Truck-Cite Model 60115Y LED, IPO Light . 00 , 1 0 00 D543751 Light, Do Not Mnve Apparatus Alarm, Da Not Move Truck - a}alarm 1 0 00 0509042 Messages, Open DnnrlDa Not Move Truck, ImpNel, AXT, CSBC MUX 7 55 97D 2 0551416 Lights, Compt, On Scene Solutions, LED & Truck-Cite Model 79384 . , Location - 2 PER ALL GOMPT Qty, - 07 q 0.00 0020569 No Hatch Compt Lights Required, HDRP 7 51 457 1 0089958 Lights, Gompt, Truck-Cite 44042C Kit, 44207C, LED Additional . , Coca#ion, lights -EACH GOMPT. Qty, Lights - 07 1 D.DO 0005945 Light, Pump Compt Truck-Cite 44042C, LED Scene Cab Exits t i 1 708.DD 8091941 , er me Lights, Per Cab, Perimeter Scene -Cab, 4dr Gustom 1 439.00 0090222 Lights, Perimeter Scene, Truck-Cite 44042C LED (4) Lts Switch, Location, Perim - DS overhead sw pn! 1 643.73 0039768 Lights, Side Scene, Whelen 90E000ZR Waiogen Flange Kit - w/o) with out flange Location, lights - UP l-#iGl-I REAR OI' CREW DOORS Qty, Lights, Pair - 1 Scene Light Angle - d)8 to 32 degree internal opts .Page 9 of 13 Switch, 1 Scene Cntri - bb)ds switch, os switch Switch, 2 Scene Cntrl - n) no additional control, 2 Switch, 3 Scene Cntrl - n) Na additional control, 3 Switch, 4 Scene Cntrl, Dr - a) no switch control 1 510 83 0038925 Lights, Rear Scene, Whelen 9DEOOOZR Gradient 50W Halogen, Pr Flange Kit - wlo) with out flange Location, lights -REAR BODY BELOW TIME 500 LED Qty, Lights, fair- 1 Switch, 1 Scene Cntrl - a)driver side cab sw panel Switch, 2 Scene Cntrl _ n) no additional control, 2 Switch, 3 Scene Gntrl - n) No additional control, 3 Switch, 4 Scene Gntrt, Dr- a) na switch control 783.15 1 1 0589073 Ligh#, FRC, 12V FCA53D-Q14, LED, Push Up, Side Maunt 1st ame as 19335 loca#e lower bracket below , Location, lights - DS at Panel area, s lower x lay and upper ablve x lay. Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DG,2 - f) Pump Operator's Panel Switch, Lt Gontral 3 DC,3 - d) No Control Lt Control 4 DC,4 - d) No Can#rol Switch , Nat Mave Truck Lt - c) Connected to Lt D ' o Ta 7 07 1 1 24 0567439 Light, Visor, FRC, 12V FCA851-Q14, LED 1st Location, driver`slpassen -center Qty, - 01 Switch, Lt Gontral 1 DC,1 - a} DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Contrat 3 DC,3 - d) No Control 1 0.00 D005955 Lights, Deck, Unity (2) AG, Rear, (1) Spot, {1) Flood 1 788.49 0055425 Spotlight, GOLIGHT 2020, Dual Remote, Above Lightbar 1 Lt Location -center roaf, behind lightbar 1 737 28 0544440 Handl[ghts, {2), Streamlight, LiteBox> 12v, Orange Location, lights - F2EAR CAB 1 0.00 D508021 Air Horns, {2) Hadley 6" Round in Bumper Inside Frame Location, Air Horn (bmpr) - 204Fi7 MATCH 1 354.00 0006066 Control, Air Horn, DS & PS Lanyard 1 316.00 0550699 Siren, Whelen 295HFS3 Remate 1 0.00 05102D6 Location, Elect Siren, Recessed Overhead in Console Location, Elec Siren -Overhead, Above Eng Tunnel DS 1 D.OD 0006145 Control, Elec Siren, Horn Ring, PS Foat Sw Cast Aluminum wl Natural Finish 100 watt SA314A l 1 0 DD {3550225 , , en Speaker, Whe Connection, Speaker -siren head Qty, Speakers - 1 1 0.00 0548352 Location, Recessed in the Front Bumper, Driver Side 1 1 593 DD 0016D80 Siren, Federal Q2B 1 0.00 DD06095 Siren, Mechanical, mounted above deckplate Location, Siren, Mech - c) center 1 0.00 002616D Con#rot, Mech Siren, Horn Ring, PS Faot Sw 1 935.33 OD67164 Lightbar, Whelen, Freadnm, FN*~QLED, 8-R, 2-W, 2-RC Length, Wln Lightbar - 72" Whelen Super 700 LED, over 25 ft gap, 3pr 1 722.D0 DD768D9 Lights, Side Zone Lower, Color,Whln Sup70D LED,BGK - a) rdlyd Goior,Whin Sup700 LED,FRT - a) rdlyd Color,Whln Sup70D LED,MID - a) rdlyd Flange Kit, 4pr - w12 pr flange kits Location, lights frt side - beach side bumper Location, tights mid -JUST REAR CREW GAS DOORS Location, lights rear -CENTER ABOVE WHEEL 1 67g 87 OD18999 Lights, Door Interior Flash, 4 Dr Gab, Whelen 50D LED Page 10 of 13 Color, Lights, Warning - n} amber OD 1 218 OD76814 Lights, Rear Zone Lower, Whelen Super 60D LED, for Cast 3 ar 4 Bezel . Colnr,Whln Sup600 LED - a) rdlyd 1 517.87 0078133 Lights, Rear, Whelen Super 600 LED, pair Coior,Whln Sup600 LED - a) rd/rd Contrnl, light - a) rear upper warning Flange Kit - w}with flange Location, Rear Lights - d} rear eompt bulkheads Qty, Lights, Pair - 1 1 946.98 D077395 Lights, Rear, Whelen Super 90D LED, pair Colar,Whln Sup900 LED - t} (2) rdlam,cl Control, light _ a) rear upper warning Flange Kit - w}with flange Location, Rear Lights - d} rear comet bulkheads 745 Qty, Lights, Pair - 1 Rear Zone Upper, Whelen L31 HRFN LED Beacon, Red LED Li ht 1 0.00 0088 g , Cnlar, Dome, Rear Warning - b}both domes red 1 0.00 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 0 00 0006615 Mtg, Rear Warn Lts, nn Top of Campt 1 0.00 0005646 Electrical System, AIG, General Design 1 0.00 0516618 Generator, Harrison 10kW MGR Hydraulic, Hot Shift PTO Generator Interlocks - Nn lnterlneks 1 0.00 OD06645 Location, Hydraulic Generator Above Pump Location, Generator-DRIVER SIDE 1 OAO 0016752 Starting Sw, Truck Engine Powered Gan, Cab Sw Pnl 1 0.00 0016757 Not Required, Remote Start, Generator 1 O.OD 0016740 Not Required, Fuel System 1 DAO 0016767 Nnt Required, Oil Drain Extension, Generator 1 0.00 0016771 Not Required, Routing Exhaust, Generator 1 0.00 0036738 Circuit Breaker Panel, Included With PTO Generator Location, CB Panel - D3 ON TANK WALL SEE PHOTOS 19336 p 00 0067677 Light, Te4e-Cite, 500W 120V, Telescoping Tripod 1 . Lunation, 1201240 Volt Lt -INBOARD PS REAR BODY BULKHEAD Qty, - 1 Type of Electrical Plug - c} 20 amp 120 volt straight 2 3,788.00 OOD6825 Reel, Elect Gable, Hannay, 1600, (3} Wire Finish, Reel -fainted Gray Location, Card Reel -ONE EACH SIDE OVER PUMP MATCI-t 20467 Qty, Cord Reels - 2 Reel Guide - a) Nylatron guide 2 1,317.95 0005827 Gnrd, Electric, 1213 Yellow, 3 Wire Connection, Cord -Direct connection Feet of Yellow Cord - c}150 Lengths of Elect Cord - 2 2 1,258.95 0066849 Box, Junc, Akron, 4) 20A 120V SB NEMA 5-20 Connention, Cord -Direct connection Qty,-q2 2 741,96 fl053942 Enclosure, Reel, Feed Through Side Sheet Location -ONE OVER EACH CORD REEL Qty, - 02 2 499.36 0006824 Holder, Junction Sox Location - RT PICK tJP 0065681 Qty, - 02 Receptacle, 15A 12DV 3-Prong SS Dup, Gen., Interior 3 757.86 Receptac§es - P1 FRT WALL UP HIGH, P3 REAR WALL UP HIGH, Location , ONE IN CAB EMS HIGH CENTERED ON BACK WALLTO TRANSFER SW. Qty, Receptacles - 03 Page 11 of 13 DgD3648 Recep#acle, 2qA 120V 3-Prong 5B, 5-20R, Sgl Outlet, Generator, Exterior 2 5D5.24 Location, Receptacles - nne each side real body bulkhead Qty, Receptacles - 02 1 252.62 DD66622 Receptacle, 2DA 120V 3 Prong SB Dup, Generator Ext Location, Receptacles - PS FRONT E3ULKHEAD SEE PIC 19336, 2D467 Qty, Receptacles - D1 1 D.DO D519545 Brand, Hydraulic Tool System, Amkus ~ 628.07 2 1 g59g273 Hose, Hydra., Amkus, 2D`-3D', Twin Line, Connection , Color, Hydraulic Hose 1 - ~ redlred Gnior, Hydraulic Hose 2 - g) bluelblue Color, Hydraulic Hose 3 - n) no hose required Color, Hydraulic Hase 4 ., n) na hose required Color, Hydraulic Hnse 5 - n) no hose required Color, Hydraulic Hose 6 - n) no hose required Location - ON REEL TO TOOL COMPT TBD Og53047 Qty, - D2 Hose, Hydra. Polyfiex Hose,1 DO', 1 DK (Mineral Oil) 2 4,863.38 Brand, Model, Age of Taol -Amkus New unit Color, Hydraulic Hose 1 - a) bluelblack Color, Hydraulic Hose 2 - d) redlblack Golor, Hydraulic Hose 3 - n) nn hose required Color, Hydraulic Hose 4 - n) no hose required Color, Hydraulic Hnse 5 - n) no hose required Color, Hydraulic Hose 6 - n) no hose required Ogg699D Qty, - Q2 Reel, Hyd, 10D' Cap., .25" )Dual Hose(1-fannaY) (AnY Make Tool) 2 3,851.OD Brand, Model, Age of Tool - AMKtS5 NEW Location - P1 HIGH ON TANK WALL PHOTOS 19336,2D467 Qty, Reel _ 2 Reel Guide - a) Nylatron guide 1 0.00 gDD715D Bag of Nuts and Bolts D532883 Qty, Bag Nuts and Bolts - 1 NFPA Required Loose Equipment, Pumper, Provided by Fire Department 1 O.DD D519913 Nnt Required, Soft Suction Hase 1 D.00 1 389.35 0007D28 0533269 Strainer, 6.00" Dry Ghemiaal, Pumper, Provided by Fire Department Extinguisher 1 D.DD 8533278 , Extinguisher, 2.5 Gal. Pressurized Water, Purr~per, Provided by Fire Department 1 O.OD 0 00 D532921 Axe, Flathead, Pumper, Provided by Fire Department . 1 1 O.Oq 0532924 Axe, Pickhead, Pumper, Provided by Fire Department 1 787 23 D559685 Paint, Two Tone, Gab, Custom CablCommerciai Gab Paint Calnr, Upper Area - WH[TE 20 Paint, Color -RED 8D 1 853.00 0017242 Paint Chassis Frame Assy. Job Color 1 D.OD D516422 Not Required, Paint, Aluminum Wheels 1 D.Oq ODg7230 Compartment paint, Spatter gray 1 D.00 D093019 Reflective Band, 5" Cab18" Body Color, Reflect Band - A - c) ruby red 1 O.qq 051DD41 Reflective across Cab Face, ImpNel DO 1 O 0536953 Stripe, Chevron, Rear, Diamond Grade, Pumper, HDRP . Rear Chevron DG -fluorescent yellow green Color 0512024 , Stripe, Reflective, Chevronllnverted "V" on Front Bumper 1 509 27 Color, Reflect Chev - A - c) ruby red Color, Reflect Ghev -Bum - gc) yeflow Size, Chevron Striping - D4 29 1 557 0544966 Stripe, Chevron, Diamond Grade, Rear Campartrnent, Rol{ Up, Pumpers . Rear Ghevran DG -fluorescent yellow green Color DDfi5687 , Stripe, Reflective, Gab Doors lnterinr 1 0.00 Color, Reflective - c) ruby red Page 12 of 13 1 o.DD D033179 Lettering Specifications, Reflective 1 821 .D1 0017246 Lettering, Reflective 3" wlou#line & shade (41-80) 11 491 D1 OD77250 Lettering, Reflective Color, Lettering - e) black Location, Lettering _ 20487 Qty, Lettering _ 11 Size, Lettering, Reflect - 12 1 276.27 0012080 Lettering, Reflective 4" w/outline & shade {1-20) Color, Lettering - e) black Color, OutlinelShadow - a) black Locatinn - 2D467 1 881.11 0057234 Lettering, Reflective 4" wloutline & shade (41-BD) 1 077A5 1 05167D1 Emblem, American Fiag Painted on Cab Grille, All Custom Chassis 1 , D.00 0030008 Warranty, Basic, 1 Year, Apparatus, WADD08 1 D.DO 0553301 Warranty, Chassis, 3 Year, Velocityllmpel, WA0037 1 0 DO D595767 Warranty, Frame, 50 Year, Velocity/Impel, WAD038 1 DAO 0595245 {l~lo Pick Required) 1 D.00 D595698 Warranty, Axle, 3 Year, TAi<-4, WAODSD 1 0.00 D53D524 Warranty, Axle, 2 Year, Meritor, General Service, WA0046 1 D,00 0019914 Warranty, Structure, 1D Year, Custom Cab, WADD12 1 0.00 0595813 Warranty, Paint, 1D Year, Cab, Pra-Rate, WAD055 1 0.00 D524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 00 0 0046389 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 . D DD OD03401 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WADD35 1 0.00 D598D25 Warranty, Structure, 1D Year, Body, WA0009 1 D.00 0063510 Warranty, Waterous 5 Yrs 1 0.00 0032998 Warranty, 1D Year SiS Pumbing, WAD035 1 D DD 0595588 Warranty, Generator, 2 Year, Harrison Hydra-Gen, WA0051 1 D.00 0595820 Warranty, Paint, 1D Year, Body, Pro-Rate, WAQ057 1 DD O D595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WAD188 1 . 0 00 0568415 Certification, Engine Installation, Velocity, DDC DD13, CD0087 1 . D.00 0543951 Certification, Gab Integrity, Velocity 1 O.DO 054895D Certification, Cab Door Durability, Velocityllmpel, CDD001 1 DD O 0548967 Certification, Windshield Wiper durability, ImpelNelocity, CD0005 1 . D OD D548951 Certifinatian, Electric Window Durability, Velocity/Imps(, CDOD04 1 . 00 D D549273 Certification, Seat Belt Anchors and Mounting, Velocity/ImpeIICBBC 1 . D 00 0548947 Certi#ication, Cab Heater and Defroster, Velocityllmpel, CDDD15 1 p 00 054894D Certification, Cab Air Conditioning PerFnrmanee, Velocityllmpel, CDD016 . , Total List : $569,887.29 page 13 of 13 Twi er, Michael From: O'Connor, Rebecca Sent: Thursday, February 17, 2011 11:34 AM To: Twi~ger, Michaei Subject: Pierce Pumper Payment Analysis Attachments: 201 1 021 7 1 00640880:pdf; analysis 021611.x1s I have analyzed whether it is less expensive to pre-pay the whole amount of $57,724 upfront which includes a $22,163 discount (©ption 1) or pay $298,472 up-Front and the balance of $257,558 which includes a $3.3,857 discount upon receipt of the equipment (option 2). It was assumed that we would receive the vehicle 3.95 days and an interest rate of .26%. I recommend Dption 3. which stipulates that 3.00% of the payment be paid within 35 days of the issuance of the Purchase Order; this option is $7,955 cheaper. If you have any questions, please do not hesitate to contact me. Becky 1 file: firetruck analysislQ29691 Grass Lass Amount Less bisc Net Trade Total upfront 569,$87 (22,3E3) 547,724 - $288,472 upfront 569,887 (13,857} 556,030 - rrincipai Net Amt 547,724 547,724 556,030 298,472 ays__ _ int rate interest Cost 195 0.0025 779 548,496 195 0.0026 420 556,460 Variance 7,955 MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: February 24, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, INC. IAFF LOCAL 2928 ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with Professional Firefighters/Paramedics of Palm Beach County, IAFF Loca12928, Inc. BACKGROUND The attached three-year labor agreement has been ratified by the Professional Firefighters/Paramedics of Palm Beach County, IAFF Local 2928, Inc. The union also ratified the amended 2008-2011 labor agreement. The agreement duration is from October 1, 2011 -September 30, 2014, and provides major changes in the following areas: Wages Provides for a wage freeze for three years, with a re-opener in years two and three. Holidays Eliminates two paid holidays for Fire Department personnel for each year of the agreement. Pension The employee contribution to the Delray Beach Police and Fire Retirement System will increase by three percent (3%). A re-opener in year two would allow negotiation of pension benefit changes for employees hired after October 1, 2012. Retiree Insurance Changes the 3.3% payroll contribution to the Retiree Health Insurance Fund (VEBA) to a contribution covering current Retiree Health Insurance Fund participants (approximately 1%). RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Loca12928, IAFF, Inc. 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, 2011 through September 30, 2014 City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining A greement October 1, 2011 through September 30, 2014 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 51 Article 14 Working Out of Classification 55 Article 15 Vacation 56 Article 16 Holidays 60 Article 17 Sick Leave 63 Article 18 Bereavement Leave 68 n City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Article 19 Health Insurance 70 Article 20 Seniority 72 Article 21 Posting of this Agreement 77 Article 22 Management Rights 78 Article 23 Strikes and Illegal Activity 82 Article 24 Unconstitutionality Clause 84 Article 25-A-FR Duties of Employment 85 Article 25-B-OR Duties of Employment 86 Article 26-A-FR Promotions 87 Article 27 Probationary Period - New Employees 95 Article 28 Probationary Period - Promoted Employees 96 Article 29 Dismissal/Discipline 97 Article 30 Resignation 99 Article 31 Leaves of Absence With Pay 100 Article 32 Leaves of Absence Without Pay 102 Article 33 Absence Without Leave 103 Article 34 Outside Employment 104 Article 35 Solicitation of or by Employees During Working Hours 106 Article 36 Non-Applicability of Civil Service Act, Civil Service Rules and Regulations and Personnel Policies 108 Article 37 Damage to City Property 109 Article 38 Pension Plan Matters 111 Article 39 Annual Physicals 113 Article 40 Comprehensive Drug and Alcohol Abuse Policy and Procedures 117 m City of Delray Beach & Professional Fire Fighters & Paramedics, Local 2928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Article 41 Maternity Leave 133 Article 42 Workers' Compensation 134 Article 43-A-FR Certification Incentive Pay 135 Article 43-B-OR Certification Incentive Pay 139 Article 44 Compensatory Time & Tuition Reimbursement 140 Article 45 Labor-Management Committee 141 Article 46 Disability Insurance 143 Article 47 Sick and Vacation Pay-Out Accruals 144 Article 48-A-FR Retiree Insurance 146 Article 49 Duration 149 Amendment No. 1 to the Collective Bargaining Agreement between the City of Delray Beach and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928,Inc. 150 Signature Page 151 iv City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 1 PREAMBLE 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 Case # RCOl-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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 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 (the exclusion to include any one-half day City holidays). 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 4 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (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. 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 (10) working 6 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 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 or amendment thereto. 7 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. I. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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). 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 point 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. 9 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Section 5 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 B. 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. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 4-B-OR GRIEVANCE PROCEDURE A. 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 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 16 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (10) 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 point 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. 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 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 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 disciplinary action was not arbitrary or capricious. In determining whether the City has 21 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. If 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. B. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. Section 6 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 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 5 DUES CHECK 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 6 DISCRIMINATION All employees shall have the right to form, loin 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 employees 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 7 UNION BUSINESS 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. Section 2 Only authorized Union withdraw time from the Time Union business, provided the are submitted to and approved shall be purely voluntary or officials or their designees may Pool for the purpose of conducting administrative procedures and forms by the City. All such time pooling i the employee's part and shall be 28 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, FL 33406. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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. All 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (48) 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 48 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 any one 21-day work cycle, after which time overtime shall be paid in accordance with the provisions of Article 12, OVERTIME. Section 2 Both parties hereto agree and the Union acknowledges that the City has declared the employees to be "7(k)" employees for purposes of application of the Fair Labor Standards Act. Forms acknowledging this fact for each individual employee shall be provided by the City for acknowledgment by the employee. 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 mayor segments of one-quarter of an hour. 34 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 Department 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 mayor segments of one-quarter of an hour. Section 4 - Schedule Swa Two employees in the same fob 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 I, 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 2. Specifically, Volume II, Article 3, Section 10 (III) (A.) of the Delray Beach Fire Department Operational Procedures would be amended to read as follows: a. Personnel - Employees scheduled for Fire Watch duty will be recalled out of the Fire Watch recall 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ample and reasonable time before proceeding in Fire Watch rotation. 3. Mandatory Recall - If 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 not eligible for regular overtime. 5. The overtime will be exchangeable. 39 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 40 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. When a call is placed to either a full or part-time employee for additional work or overtime, their name shall go 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 forms upon arrival and properly fill out the time sheet. Overtime and compensatory time can only be earned when an employee has worked more than 40 hours during that workweek. 41 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 12-A-FR OVERTIME 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. Section 2 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 OF 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (40) 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, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 13-A-FR SALARIES ee.,}; ..., ~ It is agreed between the parties that the eleven (11) Step Pay Plans for Fire Rescue employees shall be as follows: Step Plans FIRE FIGHTER Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 20.34 21.32 22.34 23.41 24.54 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 24.66 25.95 27.19 Annual 42,308 44,339 46,467 48,697 51,035 53,485 56,052 58,743 61,562 64,763 67,872 DRIVER/ENGINEER Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 21.41 22.44 23.52 24.65 25.83 27.07 28.37 29.73 31.16 32.78 34.35 Shift 17.84 18.70 19.60 20.54 21.52 22.56 23.64 24.77 25.96 27.31 28.62 Annual 44,536 46,674 48,914 51,262 53,723 56,301 59,003 61,835 64,804 68,174 71,446 45 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 LIEUTENANT Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 26.76 28.04 29.39 30.80 32.28 33.83 35.45 37.15 38.93 40.96 42.92 Shift 22.30 23.37 24.49 25.66 26.90 28.19 29.54 30.96 32.44 34.13 35.77 Annual 55,653 58,324 61,124 64,058 67,133 70,356 73,732 77,272 80,981 85,191 89,281 PARAMED I C Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 23.79 24.94 26.13 27.39 28.70 30.08 31.52 33.04 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 59,700 62,565 65,568 68,715 72,014 75,759 79,395 PARAMEDIC LIEUTENANT Step 1 2 3 4 5 6 7 8 9 10 11 40-Hour 28.09 29.44 30.85 32.34 33.89 35.51 37.22 39.00 40.88 43.00 45.07 Shift 23.41 24.53 25.71 26.95 28.24 29.59 31.02 32.50 34.06 35.84 37.56 Annual 58,433 61,237 64,176 67,257 70,486 73,869 77,417 81,130 85,025 89,447 93,740 46 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 (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 4.8o increase to base salary if not in an established step. An employee who receives an overall performance evaluation of unsatisfactory will not move to the higher established step or receive the 4.8o increase to base salary if not in an established step until the employee receives an overall 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 the prior contract was 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 began on the date that the prior contract was ratified by both parties, there shall be no step movement. 3. Resumption of Step Movement - Beginning on the date one year after the date that the prior contract was ratified by both 47 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 parties, step movement will resume and will continue until September 30, 2011. 4. Effective October 1, 2011, movement in the step plan shall again be frozen for a period of one fiscal year, the 2011- 2012 fiscal year. 5. Effective October 1, 2012, step movement will not occur unless and until it is provided for in an agreement between the parties pursuant to either the re-opener negotiations for the 2012-2013 and 2013-2014 fiscal years or in a successor agreement. Provided that if the City fails to provide the IAFF with the City's 2012-2013 proposal for Article 13-A-FR Salaries by June 15, 2012, then the step movement will occur during the period that the parties are engaged in the collective bargaining process. Provided also that if the City fails to provide the IAFF with the City's 2013-2014 or 2014-2015 proposals for Article 13-A-FR Salaries by June 15, 2013 or June 15, 2014, respectively, then the step movement will occur 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. 48 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Employees who serve as Step Training Paramedics shall receive payment of 2 hours of overtime for every 24 hours of Step Training completed. Section 5 The nineteen employees working in Special Operations at Fire Station No. 5 (18 personnel) and at Fire-Rescue Headquarters (1 Special Operations Coordinator) shall be eligible for an incentive pay adjustment of $.35 per hour payable monthly. Certification as a Hazardous Materials Technician, Dive Rescue 1, Rope Rescue 1, NFPA 1670 may be recommended as certifications for recognition in Special Operations. Employees working in the EMS Supervisor positions shall be eligible for an incentive adjustment of $1.00 per hour payable monthly. Employees working in the Fire Safety Division shall be eligible for an incentive adjustment of $.50 per hour payable monthly. 49 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Employees temporarily working in positions noted in Sections 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. 50 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 13-B-OR SALARIES It is agreed between the parties that the salary schedule shall be as follows: Ocean Rescue Oper. Supv. Ocean Rescue Officer Ocean Rescue Lifeguard Trainee Minimum 35,845 28, 456 26, 596 Maximum 54,214 43,039 40,223 Section 2 - Performance Increases 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 City. 51 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. In 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 Lump 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: 52 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 1. From October 1, 2008, until the date that the prior contract was 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 the prior contract was ratified by both parties, there shall be no performance increases or lump sum bonuses. 3. Resumption of Merit Increases - Beginning on the date one year after the date that the prior contract was ratified by both parties, performance increases and lump sum bonuses will resume, and will continue until September 30, 2011. 4. Effective October 1, 2011, performance increases and lump sum bonuses shall again be frozen for a period of one fiscal year, the 2011-2012 fiscal year. Effective October 1, 2012, performance increases and lump sum bonuses will not occur unless and until they are provided for in an agreement between the parties pursuant to either the re-opener negotiations for the 2012-2013 and 2013-2014 fiscal years or in a successor collective bargaining agreement. Provided that if the City fails to provide the IAFF with the City's 2012-2013 proposal for Article 13-B-OR Salaries by June 15, 2012, then the performance increases and lump sum bonuses will continue during the period that the parties are engaged in the collective bargaining process. Provided also that if the City fails to provide the IAFF with the City's 2013-2014 or 2014-2015 proposals for Article 13-B-OR Salaries by June 15, 2013 or June 15, 2014, 53 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 respectively, then the performance increases and lump sum bonuses will continue during the period that the parties are engaged in the collective bargaining process. 54 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 14 WORKING OUT OF CLASSIFICATION An Employee assigned to a position which position is higher than his/her normal fob classification, shall be compensated at a rate five percent (50) above his/her normal fob classification beginning on the first (lst) working day of continual work in such higher position. 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. If 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. 55 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 Over, But Less than Shift/Non-shift Employees 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 continuous service, but vacation benefits shall not be accrued 56 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. Section 4 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: 57 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Average Scheduled Work Hours Per Week 40 48 Maximum Accumulated Hours 288 432 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. Section 8 Any vacation time earned in excess of the above 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 good standing may be paid for any vacation credit accumulated prior to resignation, provided: A. He has completed one year of continuous service. 58 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 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. 59 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 16 HOLIDAYS The following days shall be holidays for both non-shift and shift employees: New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day (3rd Monday in February) Labor Day (lst Monday in September) Memorial Day (lst Monday in May) Independence Day (July 4) Veterans Day (for fire-shift personnel only) Thanksgiving Day Thanksgiving Friday (for non-shift personnel only) Christmas Eve Christmas Related Holiday 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 60 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 supervisor, Fire 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 4.8 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 who are on leave without pay on the day preceding and the day following 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. All regular, full-time, non-shift employees shall be granted leave with pay on the holidays listed above. In 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 on Sunday, the following Monday shall be considered a holiday. 61 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Section 5 Fire Department Personnel Only In each of the 2010-2011, 2011-2012, 2012-2013, and 2013-2014 fiscal years, two of the paid holidays identified in Section 1 above shall be eliminated. On an eliminated holiday, shift employees shall continue to work their regularly scheduled work hours but shall not receive 9.6 or 4.8 hours of pay pursuant to Section 2 above. On an eliminated holiday, non-shift employees shall be off duty without pay subject, however, to being called in for work on such days if required by their supervisor, Fire Chief, and/or City Manager. The decision as to which two holidays shall be eliminated in each of the fiscal years identified herein shall be made by the Union. The Union shall notify the City prior to the first day (October 1) of each fiscal year which two holidays are to be eliminated during the upcoming fiscal year. For fiscal year 2010- 2011, the Union shall notify the City which two holidays are to be eliminated within thirty (30) days of ratification of this Agreement. 62 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 17 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 the 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 for 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 63 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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: 64 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 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 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. Section 4 Employees who resign in good 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) 65 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 for non-shift employees including Ocean Rescue employees) and 672 hours (for shift Employees): Percentage of Accrued Sick Years of Service Leave to be Paid 0 - 5 -0- 5 - 10 250 10 - 15 500 15 - 20 75 0 (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 (for non-shift Employees) and 1,344 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 Beach Police-Fire communications, prior to the start of the first shift/work day of their illness or disability, otherwise they shall be considered as 66 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 Ocean Rescue employees or more than two consecutive shifts for shift personnel, the Department Head may require the Employee to provide a certificate from a physician, certifying to the actual disability of the Employee, or may require a letter from the Employee explaining the reasons for such absence. Section 6 In cases of death of an employee, payment for unused sick leave shall be made to the employee's beneficiary, estate, or as otherwise provided by law, in accordance with Section 4 of this Article. 67 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 68 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 69 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 19 HEALTH INSURANCE Section 1 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. 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 70 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 71 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 20 SENIORITY 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 fob 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 72 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 73 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 modify the rotation schedule by written agreement executed by both parties. Subject to the approval of the Fire Chief, which approval shall be based on 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 on 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 74 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 be on a temporary basis until the next annual selection date when that Employee shall make his/her selection, based on 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. Section 3 In 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 75 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. If the affected Employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or 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. 76 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 21 POSTING OF THIS AGREEMENT 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. 77 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 22 MANAGEMENT RIGHTS Section 1 The City of Delray Beach shall 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 dust 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. 78 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 dust 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 former 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. I. To 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 so that they are able to perform the normal duties of personnel in their appropriate department. 79 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 L. To 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. 0. 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. Section 2 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 80 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 restrictions on such rights, if any, as are provided in this Agreement. 81 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 23 STRIKES AND ILLEGAL 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 from 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. Section 3 The Union recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, 82 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. Section 4 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 In 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. 83 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 84 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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. Section 2 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. 85 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 25-B-OR DUTIES OF EMPLOYMENT 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. 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 Beach 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 not be required to work at the City pools. 86 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 26-A-FR 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. 87 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 following 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: 88 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 1. Candidates for Fire Safety Division Lieutenant shall possess a current State Certification for Municipal Fire Safety Inspector at the time of promotion. 2. Candidates for 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 shall 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 EMT 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, 89 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 for a Chief Officer assigned to the Fire & Life Safety Division shall possess a current State Certification for Municipal Fire 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. 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 become 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 400 90 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (1) point for certification as a Haz-Mat Technician Lieutenant Written Examination 400 Assessment Center 600 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 (1) 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 91 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Certification - Three (3) points for State Certification as a Paramedic Two (2) points for State Certification as a Municipal Fire Inspector One (1) point 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 shall 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(5o). The employee shall then be placed in the step of the 92 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (l00) in an employee's base salary, that employee's annual performance review date shall be changed to the anniversary date of the promotion. Section 6 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. Section 7 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 93 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Fire Fighter/Paramedic grade. When this promotion results in an increase of more than ten percent (l00), the employee's annual performance review date will change due to the promotion. 94 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 policy or procedure for any matter concerning discharge, suspension or other discipline. 95 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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. This probationary period shall commence from the Employee's initial regular assignment to the higher classification. During 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. 96 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 29 DISMISSAL/DISCIPLINE The City Manager or his designee may at any time dismiss or otherwise discipline any Employee for dust 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 on 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 97 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 instituted, the Employee shall be reinstated and awarded back pay for the period of said leave of absence. The 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 time 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. 98 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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. Section 2 If 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. 99 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 for 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, 100 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 101 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 102 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 33 ABSENCE WITHOUT LEAVE Section 1 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 Employee who is absent from duty for three (3) consecutive days without securing leave from the shift officer or without notifying him of the reason for such absence and the time he expects to return, may be considered to have resigned without notice. For forty (40) hour personnel, three (3) consecutive days shall mean three (3) work days. For shift personnel three (3) consecutive days shall mean three (3) calendar 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. 103 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 34 OUTSIDE EMPLOYMENT No member of the Bargaining Unit may unless the employee's written request employment is recommended for approval by reviewed by the Human Resources Department. approval depends upon the following: A. Assurance that the employee's Cit hold outside employment for approval of such the Department Head and The granting of such ,y 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 for 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 or materials. Such applications shall list the specific fob or service and outside employer for all outside employment which arises on 104 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 105 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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. 106 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 C. Soliciting for commercial, charitable, or union purposes and selling of tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment; provided, however, that subject to the express approval of the Department Head in advance, employees shall be permitted to solicit other employees at their fob 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. 107 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 108 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 or her custody, or over which he or she may have a degree of control. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece or equipment shall be replaced by the City until the defective item is presented by the Employee. 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). Section 2 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 ~ob- 109 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 related equipment. Furthermore, on such reimbursement from the hundred dollars ($100.00) per further that in no case shall th personal property exceed the determined solely by the City. in all instances, the limitation City shall be no more than one incident or claim; and provided e reimbursement for any article of reasonable replacement cost as 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. 110 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 38 PENSION PLAN MATTERS 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 review, 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 The Union and the Employees agree that Chapter 33 of the Code of Ordinances for the City of Delray Beach shall be amended so that the employee contribution to the Delray Beach Police and Fire 111 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Retirement System is increased by three percent (30) The parties realize and understand that some nominal enhancement of benefits will be necessary in order to effectuate this increase in the employee contribution and authorize the Union President, or his designee, and the City Manager, or his designee, to enter into a memorandum of understanding specifying the nominal benefit enhancement to be enacted in order to allow for the increased employee contribution. Section 4 - Ocean Rescue Ocean Rescue employees shall continue to participate in the General Municipal Employees Pension Plan as set forth in Chapter 35 of the City's Code of Ordinances. 112 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 City's fiscal year as follows: LAST NAME LETTER A thru Z QUARTER October 1 - December 31 113 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 Section 2 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 room. 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 7 laboratory studies which includes information on cholesterol levels of LDL and HDL, Triglycerides, Glucose, BUN, Creatinine, Sodium, Potassium and C02 levels, Pulmonary Function and Audiometry Test. 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 114 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 D. AIDS (If an F.D.A. approved vaccine becomes available during the term of this Agreement). Section 5 The City recognizes how physically demanding the fob 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 115 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. Section 6 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) 116 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 40 COMPREHENSIVE 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 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. 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 fob 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 117 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 118 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 information. 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 MRO selected by the City shall be a separate and independent entity from 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 119 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 compliance in accordance with Chapter 59A-24.006, Florida Administrative Code (R.1996.) I. "Laboratory" means a facility licensed by the Agency for 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/or 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 120 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, 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, on the fob 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 fob performance or represents a 121 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 for 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 following 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 122 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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, horns, 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. If 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 123 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 or 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 59A-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, 124 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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.1996). 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. 125 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 on 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 Code, 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 126 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. The 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 127 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 128 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 129 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 from 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 MRO 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 negative, the City will accept the results 130 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 1. 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 for 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. 131 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 132 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 41 MATERNITY 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. 133 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 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 for ninety (90) calendar days, and thereafter shall pay salary/benefits to such Employees in accordance with the requirements of the Florida Statutes. The ninety (90) 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. 134 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 43-A-FR CERTIFICATION INCENTIVE PAY Section 1 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. 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 gross) 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 135 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. There will be a maximum of twelve (12) employees eligible for this certification incentive pay. 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. 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 136 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 (6) 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 1006 and NFPA 1670, and shall be evaluated as 137 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 satisfactory for knowledge and skill Delray Beach Fire-Rescue. 4. The eligible employees selected by pursuant to this section shall receive certification pay in the amount of $l,C gross), pro-rated for each complete proficiency by the Department Specialty Rescue 80 per year ($90 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 $l, 080 per year ($90 gross) for each complete month that the employee maintains state certification as a Fire Investigator II. A certified Fire Investigator II must be recertified in accordance with Fire-Rescue Department policy. Employees shall be limited to a maximum of $3,240 per year in total certification incentive pay of three certifications per year. 138 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 43-B-OR CERTIFICATION INCENTIVE PAY Employees who are certified as an Emergency Medical Technician shall receive certification incentive pay in the amount of $1.00 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 (4) Ocean Rescue Supervisors. 139 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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 96 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. 140 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. Section 2 The Committee shall meet to discuss general employment and employer-employee relations matters. Section 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. 141 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ~__~:__ 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. 142 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 46 DISABILITY INSURANCE 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. 143 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. b. The second payment will be made 1 year from the date of termination. 144 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 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. 145 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 48-A-FR RETIREE INSURANCE Local 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 or 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 1 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 payment to be made on or before December 31, 2001, the annual base " 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 costs)tt~at 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 Ciry 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. 146 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 pay shall include pay adjustments to be made on November 3, 2001. The City shall make the annual contribution on behalf of each fire fighter in pay status on October 1. 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. Section 3 For fiscal years 2010-2011, 2011-2012, 2012-2013, and 2013- 2014, the City shall contribute to the Retiree Insurance Fund, on or before December 31 of each of those fiscal years, an amount equal to the benefits to be paid by the Retiree Insurance Fund to those former employees of the City eligible to receive a benefit from the Retiree Insurance Fund for the 2011, 2012, 2013, and 2014 calendar years. During those specified fiscal years, the requirements for eligibility to receive a benefit from the Retiree Insurance Fund and the amount of benefit to be paid by the Retiree Insurance Fund shall not be modified by the Board of Trustees of the Retiree Insurance Fund. During those specified fiscal years, the Retiree Insurance Fund shall provide to the City, on or before December 1 of each specified fiscal year, a list of former employees eligible to receive a benefit from the Retiree Insurance Fund along with the amount of benefit to be paid to each former employee. The City's contribution shall equal the total of all benefits to be paid to retired firefighters during each of the 2011, 2012, 2013, and 2014 calendar years. For fiscal year 2010- 147 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 2011, the Retiree Insurance Fund shall refund to the City the difference between the City's contribution paid in December 2010 and the amount of benefits to be paid by the Retiree Insurance Fund to eligible former employees during the 2011 calendar year. 148 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 ARTICLE 49 DURATION (a) This Agreement shall be effective from October 1, 2011 through September 30, 2014. Negotiations for a successor Agreement shall commence upon written notice by either party issued between April 1, and May 1, 2014. 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 shall be reopened for negotiation for the fiscal years October 1, 2012 - September 30, 2013, and October 1, 2013 - September 30, 2014: • Article 13-A-FR • Article 13-B-OR • Article 38: Article 38, Pension Plan Matters, may be re- opened by either party for additional bargaining solely for the purposes of potentially modifying the plan of pension benefits to be earned by employees hired on or after October 1, 2012, if re-opened for the 2012-2013 fiscal year or for employees hired on or after October 1, 2013, if re-opened for the 2013-2014 fiscal year. The plan of pension benefits earned by employees hired prior to those dates shall not be subject to negotiation or modification pursuant to these re-opener negotiations. 149 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 AMENDMENT NO.1 to the COLLECTIVE BARGAINING AGREEMENT between the CITY OF DELRAY BEACH and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. WHEREAS, the City of Delray Beach (City) and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (Local 2928), have agreed to amend the provisions of the collective bargaining agreement effective October 1, 2008, through September 30, 2011; WHEREAS, the City and Local 2928 have agreed to amend the provisions of Article 13-A-FR, Article 13-B-OR, Article 16, Article 38, and Article 48-A-FR; and WHEREAS, the City and Local 2928 have agreed to immediately implement the attached modifications to each of the articles specified above; IT IS THEREFORE AGREED that the 2008-2011 collective bargaining agreement shall be amended in accordance with the attached, executed versions of Article 13-A-FR, Article 13-B-OR, Article 16, Article 38, and Article 48-A-FR and that such amendments shall be effective upon ratification by both Local 2928 and the City for the 2010-2011 fiscal year. For the City: For Local 2928: Date: Date: 150 City of Delray Beach & Professional Fire Fighters & Paramedics, Loca12928, IAFF Collective Bargaining Agreement October 1, 2011 through September 30, 2014 EXECUTION OF AGREEMENT Dated this day of ATTEST: Chevelle D. Nubin, City Clerk Approved as to form: Brian Shutt, City Attorney Dated this day of ATTEST: 2011. David T. Harden, City Manager 2011. James Tabeek Michael Mayo, President Union District Vice President 151 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 23, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 FINAL SUBDIVISION PLAT APPROVAL/CDS DELRAY REDEVELOPMENT (ATLANTIC PLAZA H) ITEM BEFORE COMMISSION The item before the City Commission is that of approval of a preliminary plat and certification of a final plat for an 8.65 acre proposed mixed-use redevelopment project to be platted as "CDS Delray Redevelopment." The subject property is located between NE 6th Avenue (Federal Highway) and Veterans Park, and between Atlantic Avenue and NE 1st Street. The plat is being processed pursuant to LDR Section 2.4.5(7), Major Subdivisions. BACKGROUND At its meeting of December 9, 2008, the City Commission reviewed a conditional use application for Atlantic Plaza II, a proposed mixed-use development containing residential, commercial, and retail components, and approved increasing the maximum building height to 60 feet. At its meeting of February 17, 2009 the City Commission approved the abandonment of NE 7th Avenue and the alleys within the project area, subject to provision of an easement for public access over the "relocated" NE 7th Avenue. Approval of the abandonment also included approval of a waiver to the minimum 125 feet centerline street-jog offset, allowing 85 feet at the intersection of NE 7th Avenue and NE 1st Street. On March 11, 2009, the Site Plan Review and Appearance Board approved a Class V site plan for Atlantic Plaza II, containing 98,765 square feet of retail floor area, 32,921 square feet of restaurant floor area, 106,006 square feet of office floor area, and 197 dwelling units. The proposal also included a total of 1,059 parking spaces, provided via sub-grade parking, an above-grade parking garage, parallel on- street parking, and individual two car garages for the townhomes. The sub-grade parking facility included traditional self-parking spaces together with two automated parking "wells" that extend approximately 23 feet below grade and accommodates 366 vehicles. At its meeting of Apri17, 2009 the City Commission considered an appeal from the SPRAB approval of the site plan and the waivers associated with the project. The City Commission approved the eight waivers and denied the appeal of the SPRAB approval. Therefore, the SPRAB action to approve the site plan remains in effect. The proposed plat consists of 6 tracts with 3 tracts (Tracts A, B, and C) corresponding to the 3 development parcels, two tracts (Tracts D and E) for private streets with public ingress/egress easements and utility easements and one tract (Tract F) for additional right-of-way for Atlantic Avenue. Additionally, the plat includes easements for FPL, utilities, sewer, sidewalk and ingress and egress. The plat is now before the City Commission for final action. REVIEW BY OTHERS At its meeting of March 15, 2010 the Planning and Zoning Board made a recommendation of approval to the City Commission for the combined preliminary/final plat for "The Villages at Atlantic Plaza", now known as "CDS Delray Redevelopment". RECOMMENDATION Approve the Preliminary Plat and certify the Final Plat for CDS Delray Redevelopment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(7) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan andlor Plat Actions) and Section 3.11 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. C 3 ib _~ 6 5 '2 =~ ° 9 ~ ~ O ~ ~ `3Y v v~ C C ~~~ S ~ ~ ,1 ~I F I ' I ti ~G ~c(~~~"U - g ~ i ~ w J ° ~ 0'~° F` 0~~ ~ '~ ~ ~ a~~ ~ s 5 ~4 . Zp--~ ~ ~ F 4Q~o~"~~ ~ ~ ~ ' ~~ ~ ~ ^Q~~~ o ~ ~ ~ ~ ' ~ ~ -~ ~U U ti ~ j Z ph q~p0 w 4 ~ _ , _ ~ . ~ = a ~ § y~ ~ - ~ =.. i t _ "f, 1 3 v c-0 ~(n 4 m ~ W ~`~~"'s ' ~ OazU~o°`~ ~ ~ - ~ ~4~ ~ ~ ~ @ ~~~ o ~ ~Oq~`4Qi QO ~ m ~ Q Q~6 ~~4 .,d O 2~ ~ _ ~ ~ ~~ Z . ~ q~ U ~ ~ Q ~ F ' . 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YtJ9 ~'n.ZS~/1C 3Y1 Sipv cv Yl :'Q-~.~ ~..~ ~ ~."~ S ~Jji~d ~ /(~' ., `C ..~. ~.~'AM1JN~' t , I W i ,. G ~ ~ S °~ ~ R ~ ~ ~~ ~ ; ~~ ~' ,~ ~ 1 ,~ 7 ~! 1 o` y ,,~ w ~ { „ a'a by ~ 'Q ,.,.lip ~,~ W ~n 1 I ~~ ~ '`. N SUBJECT PROPERTY PLAT ~ ~J it ~ Q CDS DELRAY REDEVELOPMENT ~- PLANNING AND ZONING DEPARTMENT (ATLANTIC PLAZA II) -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 500-1000\LM1088b CDS Delray Redevelopment~4tlantic Plaza II ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat fora 8.65 acre mixed use development known as The Villages at Atlantic Plaza. The subject property is located between NE 6th Avenue (Federal Highway) and Veterans Park and between Atlantic Avenue and NE 1st Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND In 1984, a site plan was approved fora 6.51 acre mixed-use development named Atlantic Plaza, which contained approximately 80,000 square feet of retail and office space. In 1986 the site plan was modified to reduce the total building area to 78,248 square feet and a parking agreement was arranged with the City to provide the required off-site parking lot at the corner of N.E. 1St Street and N.E. 7th Avenue. More recently at its meeting of October 17, 2005, the Planning and Zoning Board recommended approval of a conditional use request involving an increase the height of the buildings above 48 feet (60 feet proposed) and an increase in the density of the project above 30 dwelling units per acre (47 du/ac proposed) for the redevelopment of Atlantic Plaza and several surrounding properties. The mixed-use project consisted of 57,137 square feet of retail space, 44,204 square feet of office, and 8,811 square feet of restaurant, along with 306 residential units. On December 6, 2005, the City Commission postponed consideration of the conditional use request due to concerns regarding the project's mass and scale within the vicinity of Veterans Park. Subsequently, the applicant requested indefinite postponement of the development proposal. The project was never rescheduled for a hearing before the City Commission and the City's file was closed. At its meeting of October 20, 2008, the Planning and Zoning Board reviewed a conditional use application for Atlantic Plaza II, a proposed mixed-use development containing residential, commercial, and retail components consisting of 89,126 square feet of retail space; 29,709 square feet of restaurant; 111,628 square feet of office space; and 197 townhome and condominium residential units. The development proposal also included the construction of 1,077 parking spaces provided via a subterranean and surface parking garage plus on-street parking and townhouse unit garages. As a critical design component for the conditional use and subsequent site plan, the portion of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue has been abandoned and relocated approximately 85' east (from street centerline-to- centerline) of its current location. Also, anorth-south and east-west alleyway within the site have been abandoned and incorporated into the development area and are depicted on the related plat. PLAT DESCRIPTION The proposed plat consists of 6 tracts with 3 tracts (Tracts A,B, and C) corresponding with 3 phases of development, two tracts (Tracts D and E) for private streets with public ingress/egress easements and utilities easements and one tract (Tract F) for additional right-of-way for Atlantic Avenue .Additionally, the plat includes easements for FPL, utilities, sewer, sidewalk and ingress and egress. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 2 PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (PLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(B) (4), multiple-family dwelling units, excluding duplexes, up to a maximum density of 30 units per acre are principal uses in the CBD zoning district. Further, per LDR Section 4.4.13(B), retail, office, and restaurants uses are also allowed in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) -Concurrency: The City Commission made a positive finding of Concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools with the conditional use request. These findings were also made by the Site Plan Review and Appearance Board with the approval of the related site plan. For a complete discussion relating to these items see attached Appendix "D." Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Reaulations: A positive finding of compliance with the LDRs can be made, when all outstanding items (attached technical comments) attached as conditions of approval are addressed. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1(D) (2), the right-of-way width requirement for Atlantic Avenue is 80 feet. The existing width east of the intersection of Atlantic Avenue and NE 7th Avenue on the north side of the centerline is 33 feet. The plat provides a dedication of 7 feet and is noted as Tract F. No additional dedications are required for NW 6th Avenue or NE 1St Street. As noted previously NE 7th Avenue has been abandoned and relocated approximately 85' to the east (from street centerline-to-centerline) of its current location. The realignment is noted on the plat P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 3 as a 40' wide private street with ingress /egress easement for the public (also named NE 7th Avenue). Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted and all applicable objectives or policies, along with a discussion on how they are addressed, are attached as Appendix "C". TECHNICAL ITEMS While most technical comments have been addressed with the resubmittal there remain a few outstanding comments which need to be addressed. These comments are listed in Appendix B and must be addressed prior to the plat being considered by the City Commission. REVIEW BY OTHERS Community Redevelopment A_gency (CRA): At its meeting of July 24, 2008, the recommended approval of the conditional February 26, 2009, the CRA reviewed th further review is necessary with the plat. CRA reviewed the conditional uses request and use for building height increase. At its meeting of e site plan request and recommended approval. No Downtown Development Authority: At its meeting of September 23, 2008, the DDA reviewed the conditional use request and recommended approval. The DDA considered the site plan proposal at its meeting on March 9, 2009 and recommended approval. No further review is necessary with the plat. Site Plan Review and Appearance Board: The Site Plan Review and Appearance Board Reviewed and approved the site development plan at its meeting of March 11, 2009 subject to conditions, One of those conditions was the approval of this plat. Site plan certification will occur upon completion of the plat and compliance all outstanding conditions of approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: Jerry Franciosa, Progressive Residents of Delray Bill Ott Seagate Towers Condominium, Inc. Cory Cassidy Barr Terrace Delray Beach Chamber of Commerce Kevin Warner Mary Renaud, Beach Property Owners Association Buzz Lindner Delray Summit (Ann Spedale & Leon Sachs) Neighborhood Advisory Council ASSESSMENT AND CONCLUSION Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 4 plat for City Commission. While there are a few outstanding comments, they are minor in nature and will not impact the general plat diagram. The proposed plat is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations when conditions of approval are met ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for The Villages at Atlantic Plaza by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for The Villages at Atlantic Plaza by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations, subject to conditions. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 5 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable x Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 6 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable X Meets intent of standard Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 7 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plannin_g & Zonin_g Department Comments: Plat Comments: 1. To maintain consistency in the dedication language add a reference in Tract D to note "and for private utilities that are to be" after as a private street to accommodate the proposed 8 inch water main. 2. The City has not received utility provider responses from Florida Power & Light (FPL), Florida Public Utilities nor Bell South. These will be required before the plat can move forward to City Commission. Environmental Services Department's Comments: Plat Comments: 1. Provide dedication language and location of bus shelter easement on NE 6th Avenue. 2. Add private lift station to dedication language that addresses the maintenance of the private water and sewer system. 3. Tract "F" needs to be dedicated to FDOT via separate instrument and recorded information noted on plat. Otherwise, provide letter from FDOT stating they will accept right-of-way dedication on E. Atlantic Avenue via plat. Also, Tract "F" needs to be dedicated to FDOT and not public because it's FDOT right-of-way 4. Revise Sidewalk Easement dedication language to indicate it will be maintained by HOA. 5. A digital copy of recorded plat in AutoCAD dwg or dxf format will be required prior to obtaining final engineering clearance. 6. Provide Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. 7. Submit one set of revised plans and any required documentation for Engineering review with next submittal to City of Delray Beach Planning and Zoning Department. 8. The project has exfiltration trenches which will discharge to the public (City of Delray Beach and Florida Department of Transportation) stormwater systems within NE 1st Street and Atlantic Avenue. Normally the two jurisdictions typically do not allow connections from private entities. Therefore, verification from the Florida Department of Transportation that they will allow the discharge of stormwater into their public system is required. 9. Additional comments may follow after review of revised plat. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 8 APPENDIX - C COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use (residential, restaurant, retail and office) development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area" The proposed Atlantic Plaza development will help to fulfill this stated land use need by providing 197 additional dwelling units in the downtown area in close proximity to shopping and places of work. Therefore, the proposed project is consistent with this policy. Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ Deletion of inappropriate uses; ^ Incentives for locating retail on the ground floor with office and residential use on upper floors; ^ Accommodating parking needs through innovative actions; ^ Incentives for dinner theaters, playhouses, and other family oriented activities; ^ Allowing and facilitating outdoor cafes; ^ Incentives for mixed use development and rehabilitation; ^ Elimination of side yard setback requirements; and ^ Allow structural overhang encroachments into required yard areas. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 9 The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retail/restaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed development substantially fulfills the objective of the CBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A City Set Apart In South Florida." The proposed development will result in the elimination uses such as the gas station at the northeast corner of Atlantic Avenue and Federal Highway and the existing Atlantic Plaza, which is inconsistent with the Downtown Design Guidelines and traditional neighborhood design standards. The resident's of the 197 dwelling units will infuse a new vigor to this particular area of the downtown. These residents will be woven into the fabric of the downtown where they will be within walking distance of shops, restaurants, employment opportunities, parks, beach, and cultural events. Further, the 111,628 square feet of office floor area will provide significant employment opportunities in the core area of the City's downtown. This office component will patronize local businesses included retailer's and restaurants during daytime hours. Thus, the residents and office employees will contribute to the synergy of the City's urban core. The existing Atlantic Plaza is essentially destination oriented development with vehicular parking between the building and the public street. This design does not engender the pedestrian interaction envisioned by the Downtown Delray Beach Master Plan. The design of the project is conducive to pedestrian interaction and is consistent with the existing development pattern of the downtown. The Atlantic Plaza II development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. The Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy prepared by the Delray Beach Joint Venture, states the following: "Cluster 6 corresponds to the commercial corridor along East Atlantic Avenue from 5th Avenue to the Intracoastal Waterway. This cluster contains several "comparison goods" retailers as well as prime street-level retail space devoted to non-retail uses such as offices. Several restaurants offer seating overlooking the Intracoastal Waterway. Atlantic Plaza is a privately owned shopping center with significant redevelopment potential. Veterans Park has potential for enhanced programming. Cluster 6 is a critical pedestrian link between the resort district and the heart of Downtown. Redevelopment of a site occupied by a pas station offers the opportunity to add continuous storefronts on a portion of the northern frontage of Atlantic Avenue. Atlantic Plaza's setback from the street presents a challenge to maintaining continuity of pedestrian activity. Conversion of non-retail uses into retail spaces on the south side of Atlantic Avenue can increase pedestrian activity. Additional apparel/shoe retailers (in Atlantic Plaza and on the street) should be sought for this cluster. Restaurant uses are also appropriate." The Atlantic Plaza project's concept facilitates the creation of a vibrant and pedestrian friendly retail corridor along the Avenue in the CBD (Central Business District), which is consistent and in harmony with the City's efforts to provide a pedestrian friendly streetscape for Atlantic Avenue. This effort is reinforced through Future Land Use Element Policy C-4.1, the Downtown Master Plan and by the Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 10 network and the location of a Palm Tran bus stop one block to the north of the subject property, on NE 6th Avenue (Northbound Federal Highway), it is appropriate that the development contribute toward the provision of a bus shelter and provide an easement on NE 6th Avenue in the event of the relocation of the nearby bus stop. Thus, prior conditions of approval require that a contribution of $7,500 is paid, and a bus shelter easement is granted prior to certification of the site plan for this development. Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, a 7-foot dedication will be required along Atlantic Avenue. The development proposal includes the abandonment of NE 7th Avenue between Atlantic Avenue and NE 1St Street. The applicant proposes to create a new street east of the existing NE 7th Avenue right-of-way together with an east/west street connection to NE 6th Avenue (Federal Highway). The dedication of the Atlantic Avenue right-of- way and establishment of the two new streets within the proposed development was addressed as part of the site plan and is addressed in this plat. Transportation Element Policy C-1.1 Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. The proposed relocation of NE 7th Avenue will aide in calming northbound and southbound traffic by reducing speeds. As noted in the analysis of Housing Element Policy A-12.3, the Delray Beach Police Department has expressed a concern with respect to slowing southbound vehicles as they approach the intersection of NE 7th Avenue and NE 1St Street. In order to address this concern, a condition of approval was attached to the site plan approval to provide a traffic calming element such as a speed hump or signage to be approved by the City Engineer. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides several bicycle racks throughout the property including above grade and within the subgrade parking facility. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. The proposed recreational facilities consist of three pools, one each at buildings III, IV and VI. Given the intensity of the proposed development (197 dwelling units), it is reasonable that the proposed P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 11 development provide recreational opportunities for teens such as a sport court or "teen" room that includes amenities such as video gaming, billiards, or ping pong. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Plaza development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, 505 Teen Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be substantially met. Based on the above, and subject to the condition of approval for the site plan that a teen room is provided, a positive finding can be made. Housing Element Policy A-12.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. As noted previously in this staff report, the development proposal includes the abandonment of the NE 7th Avenue right-of-way. This street will be replaced with a private street, which will be off-set to the east approximately 85 feet. Staff has concerns that this replacement street be perceived as a public street rather than a private internal street for this development. To this end, design modifications will be required particularly along Atlantic Avenue and appropriate signage to encourage public use. Further, the development proposal includes a new private east/west street to connect the relocated NE 7th Avenue to NE 6th Avenue. These two private streets will include a public access easement to ensure vehicular and pedestrian cross-access to the general public. As noted in the analysis of Housing Policy A-12.3 below, the relocation of NE 7th Avenue will result in a traffic calming measure by slowing traffic since drivers would need to come to a stop and make a turn before traveling north or south. It is noted the relocation of NE 7th Avenue will have an insignificant impact on the neighborhood to the north of the property in terms of access to Atlantic Avenue since a connection will be assured via the cross-access easement that will be applied to the private streets. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-age professionals. The development will provide the following mix: 27 loft units, 19 townhouse units, 18 one-bedroom units, 102 two-bedroom units, and 31 three-bedroom units. The proposed development accommodates various sizes of units for households having a range of ages, and thus, complies with Housing Element Policy B-2.2. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 12 Housing Element Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired type of residential development within the CBD. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. Additionally, the introduction of additional residential dwelling units will increase the safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. The applicant has submitted a traffic study that indicates traffic entering and exiting the site is distributed to the Atlantic Avenue, Federal Highway, and NE 1St Street access points. The Delray Beach Police Department has expressed concerns over the potential traffic conflicts created by the relocation of NE 7th Avenue. The Police Department has indicated that the off- set of NE 7th Avenue will cause congestion in the 100 block north of Atlantic Avenue and recommends traffic calming measures in the 200 block. The off-set of NE 7th Avenue will in effect act as a traffic calming measure, which will slow traffic in the neighborhood to the north of the project. A condition of approval was attached to the site plan approval that the applicant provides traffic calming measures (i.e. warning signage, speed humps, etc.) in accordance with direction by the City Engineer. Based upon the recommendations above, the development proposal will be consistent with Housing Policy A-12.3. P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 13 APPENDIX - D CONCURRENCY FINDINGS Section 3.1.1 (B) - Concurrence: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The proposed development will result in a significant modification of existing water and sewer services and installation of new services. The existing 6 inch water main and 8 inch sewer main within the north/south alley in Block 116 will be removed. Further, the existing 20 inch, 2 inch, and 12 inch water mains within NE 7th Avenue will also be removed. All internal water distribution lines will be private and external connections will be made via the following lateral connections: 1) an existing 8" water main within the Atlantic Avenue right-of-way; 3) an existing 8" water main along NE 1st Street (in part); 4) an existing 6" water main along NE 1St Street (remaining part); 5) the internal system will include a proposed private 8 inch water main along the relocated NE 7th Avenue; 6) a proposed 6 inch water main extension between buildings II and IV; 7) a proposed 8 inch water main along the proposed east/west street; and 8) a proposed 24 inch water main within Veterans Park. Sewer service is available via service lateral connections to: 1) an existing 18 inch sanitary sewer main along Atlantic Avenue; 2) an existing 10 inch sanitary sewer main within Veterans Park; 3) a proposed 8 inch sanitary sewer main along NE 1st Street; 4) an existing 16 inch force main along NE 1St Street; 5) a proposed 8 inch sewer main extension along Federal Highway; 6) a proposed 24 inch force main along the relocated NE 7th Avenue; 7) construction of a private lift station along NE 1St Street; and 8) an existing sewer main along a portion of NE 1St Street. Fire protection is proposed to be provided via: 1) relocation of an existing fire hydrant at the northeast intersection of the existing NE 7th Avenue and Atlantic Avenue; 2) installation of a fire hydrant at the northwest corner of the relocated NE 7th Avenue and the east/west street; 3) installation of a fire hydrant at the northeast corner of NE 6th Avenue and the east/west street; 4) installation of a fire hydrant at the northwest corner of Building IV; 5) an existing fire hydrant at the northeast corner of NE 7th Avenue and NE 1St Street; 6) an existing fire hydrant located on the north side of NE 1St Street, mid-block between NE 6th Avenue and NE 7th Avenue; and 7) installation of a fire hydrant along the east side of the property between Building II and IV. It is noted that the Fire Department has commented that the maximum distance is 300 feet between fire hydrants along a street. The proposed spacing of fire hydrants has been exceeded. Thus, a technical item is attached that adequate spacing of fire hydrants be provided in accordance with direction by the Fire Department. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The conceptual engineering plans indicate that stormwater drainage will be accommodated via sheet flow to catch basins/roof tie-ins to exfiltration trenches. These exfiltration trenches will discharge to the public (City of Delray Beach and Florida Department of Transportation) stormwater systems within NE 1St Street and Atlantic Avenue. The City of Delray Beach Engineering Division has indicated that the discharge into the public stormwater system may be problematic since the two jurisdictions typically do not allow connections from P&Z Board Staff Report, Meeting of March 15, 2010: Village at Atlantic Plaza Plat Page 14 private entities. Thus, a technical item is attached in Exhibit "A" that approval be provided from the Florida Department of Transportation for the discharge of stormwater into their public system prior to certification of the site plan. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. The applicant has submitted a traffic study that indicates that the proposed development will generate a net increase of 3,167 average daily trips, 75 a.m. peak hour trips, and 268 p.m. peak hour trips. The impacts of this additional traffic are currently under review by the Palm Beach County Traffic Engineering Division and the Florida Department of Transportation with respect to the affected streets within and outside the TCEA. Given the traffic impacts, there may be a potential for the developer to provide additional improvements such as turn lanes. Thus, a technical item is attached that the approval from the Florida Department of Transportation, Palm Beach County Traffic Division, and City Engineer be obtained prior to approval of the related site plan. After compliance with any related traffic improvements (i.e. turn lanes, signalization, medians, etc.), a positive finding with respect to traffic concurrency is anticipated. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $98,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 197 dwelling units will generate 102.44 tons of solid waste per year (197 units x 0.52 tons = 102.44 tons); the 89,126 square feet of retail floor area will generate 454.54 tons of solid waste per year (89,126 sq. ft. x 10.2 lbs. / 2,000 = 454.54 tons); the 111,628 square feet of office area will generate 301.40 tons of solid waste per year (111,628 x 5.4 lbs. / 2,000 = 301.40, and the 29,709 square feet of restaurant area will generate 438.21 tons of solid waste per year (29,709 x 29.5 Ibs / 2000 = 438.21 tons), for a total of 1,296.59 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District has made a finding of concurrency with respect to this adopted Level of Service for School Concurrency. MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 23, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 GRANT AGREEMENT/PALM BEACH COUNTY/EPOCH/C.SPENCER POMPEY AMPHITHEATER ITEM BEFORE COMMISSION Consideration of a grant agreement between Palm Beach County, Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) and the City in the amount of $250,000 and a commitment to provide supplemental funding by the City in the amount of $310,000 for the redesign and construction of the proposed C. Spencer Pompey Amphitheater on the Spady Cultural Heritage Museum (Spady Museum) grounds. BACKGROUND In 2007, EPOCH was awarded a grant by Palm Beach County, as part of the County's 2002 Recreational and Cultural facilities bond, in the amount of $250,000 for funding a proposed amphitheater to be constructed on the grounds of the Spady Museum and dedicated to C. Spencer Pompey. The grant agreement specified a completion date for the facility of October 1, 2010. During project design, the project scope was expanded to include an additional building to provide office and expanded storage space for the museum, and to house restroom facilities to serve the amphitheater, museum and other improvements on the grounds. The scope expansion and final design of the amphitheater resulted in additional project costs for which EPOCH was unable to secure funding in time to meet the construction deadline required in the grant agreement. In efforts to preserve the grant dollars, EPOCH has reduced the overall project scope to provide all required facilities for use of the amphitheater within that structure and eliminated the additional office/storage building, and requested that the County provide a new funding agreement for the revised project. With the current project budget established at $560,000, EPOCH is also requesting that the City provide the supplemental $310,000 which, together with the County grant will complete the funding requirements for the project. The new agreement requires a construction contract for the facility be awarded no later than twelve (12) months after execution by the County, and that construction be complete and the facility be opened for its intended use within twenty four (24) months after execution. It is further specified in the agreement that in the event EPOCH fails to maintain the project or keep it open to the public for recreational, cultural, civic and community purposes, the City will inherit the responsibility to do so for the agreement term of thirty (30) years (sect. 4.03, 5.01, 5.02). The County agreement is reimbursable in nature; however, the CRA has agreed to lend $250,000 to EPOCH which loan will be repaid from County grant reimbursements. The City's funds would have to be obligated in the 2011/2012 Capital Improvement Plan (CIP), making them available on October 1, 2010. We have had some discussions with CRA staff about the CRA funding a portion of the capital cost of this project,but have not made a formal request for capital funds from the CRA. In response some CRA Board members have expressed concern about the long term viability of EPOCH. Upon execution of the agreement by the County, final design of the facility can commence using the CRA loan for consulting fees with the goal of having bid ready construction documents in October when the City's funding becomes available. This schedule will provide ample time for project construction within the parameters specified in the agreement. FUNDING SOURCE Funding to be programmed in the 2011/2012 CIl'. RECOMMENDATION Staff recommends consideration of the agreement between Palm Beach County, EPOCH and the City, and if approved, the programming of $310,000 in the FY 2011/2012 CIP for the C. Spencer Pompey Amphitheater project. We further recommend that the City Commission formally request that the CRA provide at least half ($155,000) of the additional funds needed. ~~CG#~ ' ~~(Sp P CULTURAL HEItlTAGE A4USEUM Cele6ratrng our 10 year annrversaryt ANOT-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF 50UTH FLORIDA Expanding & Preserving Our Cultural Heritage, Inc. 170 NW 5th Avenue Delray Beach, FL 334W4 Phone: 561-279-8883 Fax: 561-279-223Q www.spadymuseum,org PR£5111£NT/fAUND£R Vera R. Farrington 1 ST V1CE PRESIDENT Clarence M. Vaughn 2ND VICE PRESIDENT Mark Reingold, Esq. TREASURER Clarence M. Vaughn BOARD MEMBERS Clifford Durden Ralph B. Johnson Lawrence Moncrief Dr. Talbert 0. Shaw Or. Barbara Carey-Shuler Al#red Straghn M£MOR1Al17£D MEMBER C. Spencer Pompey Ex£caTly£ DtRECrDR Daisy M- Fuiton MUSEUM ADVISORY BOARD W. Rod Faulds, Director FAU University Galteries Dorothy Patterson, Archivist Dei~ay Beach Nistoricai Society "Until the lions have their historians the tales of the hunt wilt continue to glorify the hunter." February 11, 2013. Mr. Richard C. Hasko 434 S Swinton Avenue Delray Beach, F1, 33444 Dear Mr. Hasko; Enclosed is the material you requested. We do appreciate ali your efforts on our behalf. Sincerely, Daisy Fulton executive Director an African proverb ~ ~ III r;, ~ ~LORX9~' Parks and Recreation December S, 2010 Department Ms. Daisy M. Fulton, Executive Director 270© 6th Avenue South Expanding and Preserving our Cultural Herita~ (EPOCH) ° Lake Worth. pt. ~~~bi `-~ Post Office BOX 3077 `~" ~ ~ ~'~ -yam } ~`~ ~ (561} 466-660o Delray Beach, FI X461,7, , ~ pax:(561}9b3~b7~4 ~ATION AND CULTURAL FACILITIES BOND RE: 2002 R~~CR www.pbeparks.com AGREEMENT FOR CONSTRUCTION OF THE C. SPENCER POMPEY AMPHITHEATER AT THE SPADY MUSEUM AND CULTURAL CENTER ® Dear Ms. Fulton: Attached for execution on behalf of EPOCH is a revised Interlocal Agreement for Palm Beach County t f construction of the C. Spencer Pompey Amphitheatre to replace the Spady Museum d Cultural Center -Phase 11 project Agreement that lapsed on October 1, 2010. coun y shard o commissioners an The original Agreement included construction of both the amphitheatre and a cultural facilities building. The replacement Agreement Is for the same amount of $250,000, liaren T. Marcus, chair but the project scope has been reduced to include construction of the amphitheater Shelley vans, Vice Chair only, and not the cultural facilities building. Paulette 13urdtck Reimbursable project elements include construction of the amphitheater, audio and Steven ~.. Abrarras lighting systems, a courtyard area with seating, and other miscellaneous expenses related to the project. The total project cost estimate is $559,685, and EPOCH is Burt Aaronson required to provide the required $310,000 match for the Project. The Agreement Jess R. Santamaria contains milestones for project completion, which must be strictly adhered to. Prlscllla A. 'Paylor Please attach a current insurance certificate to each Agreement naming Palm Beach County additional insured and have both Agreements executed an behalf of EPOCH. It is requested that you then submit the Agreements to the City of Delray Beach for approval. By copy of this letter, I am requesting that Delray Beach return the threo executed originals of the Agreement to this office after execution by the City. We will County P.dministrator then place the Agreements on the agenda for approval by the Board of County Robert Weisman Commissioners. On behalf of District 7 Commissioner Priscilla Taylor and the Board of County Commissioners, we look forward to assisting with the funding far this cultural project. Si~~rely, ~ r~ //~ E~ Cali, Director Parks and Recreation Department ;~„~~,~lopporn~„rry EC:SWY Attachment - Three Originals of Interlocal Agreement for Execution and Return ,4ffirmarr've Acdo11 Ernplay er" Gopy to: Commissioner Priscilla A. Taylor, District 7 Jon Van Arnam, Assistant County Administrator rcinski, Assistant City Manager Bob Ba pdntad on recycled paper _ 1NTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF DEL,RAY BEACH, AND EXPANG OF THE C SPENCER OMIT=Y AMPHITHEATERGE, {NC. FOR FUN© THIS AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the City of Delray Beach, a Florida Municipal Corporation, hereinafter refierred to as "MUNICIPALITY",and Expanding and Preserving Our Cultural Heritage, Inc., a Florida not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "AGENCY". WITNESSETH: WHEREAS, AGENCY leases property from the City of Delray Beach which is located at 170 N,W, 5'h Avenue in Defray Beach; and WHEREAS, AGENCY desires to design and construct the C. Spencer Pompey Amphitheater at the Spady Cultural Heritage Complex, hereinafter referred to as "the Project" at said locatiorr and WHEREAS, On October 2, 2007, AGENCY and MUNICIPALITY entered into a funding Agreement with COUNTY in an amount not-to-exceed $250,000 from the 2002 Recreational and Cultural Facilities Bond to financially participate in the construction of said Project for which the required completion date was October 1, 2010; and WHEREA5, AGENC of suff cnenbtlfunding o pay for proje t costs that exceeded the orig nal the Agreement due to a lack $250,000 cast estimate, and WHEREAS, the project scope was recently reduced to include the C. Spencer Amphitheater only and to eliminate prior project elements that would have further expanded the Spady Cultural Heritage Complex; and WHEREAS, AGENCY, as assisted #inanciakly by the City of Delray Beach as lessor of the property on which the Project wick be constructed, now has sufficient additional funding to construct the Project with the reduced scope; and WHEREAS, AGENCY has requested that County provide a new funding Agreement for the revised Project; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and WHEREA5, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, all parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and ropresentations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1_01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1,02 The purpose of this Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $250,000 for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". AGENCY recognizes that COUNTY'S funding of the Project is being paid from the proceeds of tax- exemptbonds issued by COUNTY. AGENCY agrees to provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY`s chief financial officer or independent accountant that each cos# item for which COUNTY funding is requested under Article 3 of this Agreement constitutes a capital expenditure, In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1,04 AGENCY agrees to provide funding in an amount of $310,000 or greater to complete the Project. The parties agree that COUNTY shall provide lts portion of the fiunding only after AGENCY has expended $303,685. Section 105 COUNTY's representative during the design and construction of the Project shall be the Director of parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. {561) 966-6685; AG ENCY's representative during the construction of the Project shall be Daisy Fulton, Executive Director, Spady Cultural Heritage Museum, at telephone no. 561-279- 8883; and, MUNICIPALITY'S representative during the construction of the Project shall be David Harden, City Manager, City of Delray Beach, at telephone no. 561-243-7000. Section 1.06 AGENCY shall design and construct the Project upon property leased from MUNICIPALITY by AGENCY as more fully described in Exhibit "B" attached hereto and made a part hereo#. Section 1.07 AGENCY shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with al! federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by AGENCY with regard to the Project. Any dispute, claim, or liability that may arise as a result of AGENCY's procurement is solely the responsibility of AGENCY and AGENCY hereby holds COUNTY harmless for same to the extent permitted bylaw. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Agreement by the parties hereto, AGENCY shall initiate its procurement process to select the necessary professional engineer andior architect to perform all engineering andlvr architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 AGENCY shall be responsible for completing engineering and architectural design and securing all permits and approvals necessary to construct the Project no later than six (6) months from the date of execution of this lnterlocal Agreement by the parties hereto. Section_2.04 AGENCY shad award the bid for construction of the Project and commence Project construction no later than twelve (12) months from the date of execution of this Interlocal Agreement by the parties hereto. Prior to AGENCY commencing construction of the Project, AGENCY shalt provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 AGENCY shall totally complete the Project and open same to the public fior its intended use within twenty four (2~4) months from the date of execution of this Interlocal Agreement by the parties hereto. Section 2.07 AGENCY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, April 10, July 10, and October 10 as well as separate Milestone Status Reports at such times that design and construction milestones have been met during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected by AGENCY, AGENCY shall obtain and expend the excess funds required fior completion of the Project, COUNTY shall not dispense any#unds to AGENCY far the Project until AGENCY has obtained and expended said excess funds for the Project, Section 3.02 COUNTY shall reimburse project costs under the terms of this Agreement to AGENCY on a quarterly basis from the date of execution of this Agreement; however, should the need arise for AGENCY to be reimbursed on a more frequent basis, then COUNTY will, at AGENCY`s specific request for each instance, make its best efforts to reimburse AGENCY within forty five (45) days ofi such special request. Far each requested payment, AGENCY shall provide to COUNTY'S Representative a fully completed and executed Contract Payment Request f=orm and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid byAGENCY and shall include the vendor invoice number; invoice date; and the amount paid by AGENCY along with the number and date of the respective check or proof of payment for said payment. AGENCY shall attach a copy of each vendor invoice paid by AGENCY along with a copy of each respective check or proof of payment and shall make refierence thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, AGENCY'S Project Administrator and Project Financial Officer shall certify the total funds spent by AGENCY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by AGENCY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (i 0%) of the total amount allocated to AGENCY for the Project until AGENCY completes the Project and providos COUNTY with either a Certificate of Occupancy or a Project Completion Certie icu red `~ ~ dC t dance wbh thiOAgreementd. COUNTY receives and approves all documentation as q COUNTY's representative shall visitthe Project site to verify and approve said final reimbursement. 5ectian 8.04 AGENCY shall provide a request #orcfiect a dbprovisiant of e'Otherl a Certificate of ninety (90) days fallowing completion of the Pr i Occupancy or Project Completion Certification to COUNTY. Section 3.05 COUNTY agrees to reimburse AGeE cC ubseq~en to November 5 200 ~ astmore approved pre-agreement casts accruing to the P j fully described in Exhibit "D", Pre-Agreement Cost List. Section 3.06 For construction projects fully #unded bn COUeNn YCOSts ffar the projecttland be elig'~ble funding or tf he project shat! be used for design and e g g for reimbursement under this Agreement. For construc~it si p ~i ~QC~o~o~ ~y AGE CY and wiNnat bei deSible ford a mhos meet from COUNTY. ith the prose eiig Section 3.07 COUNTY shall reimburse project costs one COUNTYEwiCh aacertifeaton,k ~nsa four' proje- c ding in its entirety. AGENCY shah prowde CEO Chairman of the Board, Chief Financial acceptable to COUNTY, from AGENCY'S President, ravisian. Officer, or independent auditor that AGe N ~ tkQn in remmbu sing Proje~ costs to AGENCY under COUNTY wkll be entitled #o rely an that c this Agreement. ARTICLE ~4: OWNER OP THE PROJECT AND MAINTENANCE Section 4.01 Upon completion, the Project shall remalalt~~e Ides fa ~ Y ~~ a#~ pEa CmP o08men shal'~be required to pay AGENCY any addktion required lay or of AGENCY. Section 4.02 AGENCY hereby warrants and represen shaA be h ~porils ale for al~casts,aexpensesl ability to operate and maintain said Project. AGENCY fees and charges, and liability related #o the operation and maintenance of the Project. Section 4.08 AGENCY and MUNICIPALITY shall ape foam ti~ execution ~fPh°s A~r~~iment by the use b'- y e general publkc far a term of thirty X34) years arises hereto. AGENCY shall maintain the Project in acceor ub~ ~ ~ e industry standards far such p facilities to prevent undue deterioration and to encou g Section 4A4 The rights and duties arising under thi ~{ve sic essahs land rassignsbeAGENCY and binding u onp the parties hereto and thekr respec MUNICIPALITY may not assign this Agreement or any interest hereunderwithoutthe express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue~UNICtdPAL.ITYttransfer ownership of t e Pro ectto setforth hereinabove. In the event AGENCY a a a or parties not now a part of this Agreement, other than another governmental entity that p ~Y a Tees to assume, in writing, AGENCY and MUNICIPALITY'S obligations hereunder, COUNT g 4 retains the right to reimbursement from AdGEdN o ac ompl ~~ thelTProject ShouldatAGENCYfolr extent of the funding assis#ance awe MUNICIPALITY transfer management oYtshalplrcontinue to be esponsible far the I bit es anid Agreement, AGENCY or MUNICIPALIT obligations as set forth herein.l=urther, AGI"NCY or MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of COUNTY. ARTICLE 5: USE Ot= THE PROJECT Secti~ on 5.Oi AGENCY and MUNICIPALITYe~ f~# ah residents of PaimaBeach Couni}1 and shall be or cultural purpose and be open to and b available thereto on the same. costar sexanla~onal oa gin, age, d sabi ity, ell gionlPancestry~mlaritai discriminate on the basis of race, colo , , status, familial status, sexual orientation, or gender identity or expression with respect to use of the Project. Section 5.02 The term of this Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Agreement bona) pcultiu al, civic, community andr ocial plurposes only restrict its use of the Project to recreat the parties hereto. unless otherwise agreed to In writing by Section 5.03 AGENCY shall affix a per Y was a cont butor to the development of the Project Sa d completed Project indicating that COUNT plaque or marker shall include theC ~~ bNCOUNTY's Repres~entative.e then current County Commissioners, unless otherwise d Y ARTICLE S: ACCESS, AUDITS, AND INSPECTOR GENERAL AGENCY shall ma[ntain adequate records to justify ail charges, expenses, and casts incurre a s estimating and performing the acqu ich thed8naln ayment is~4 leased by COUNTYIeexcept that such afiter the end of the fiscal year m wh p records shall be retained by AGENCY until final resolution of matteeare eritod. COUNTYIreserves claim, ar specie{audit that starts priorto the expiration of the five (5} y p the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ' The COUNTY has established the Office of the Inspector General, Ordinance R2009-049, which is authorized and empowered to review past, present and proposed COUNTY contracts, transactions, accounts and records. All parties doing business with the COUNTY and receiving COUNTY funds shall fully cooperate with the inspector General including receiving access to records relating to this Interlocal Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, Investigate, monitor, and inspect the activities of the parties hereto, their officers, agents, employees, and lobbyists in orderto ensure compliance with contrac# specifications and detect corruption and fraud. ARTICLE 7; NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the fallowing: 5 As to COUNTY: Director of Parks and Recreation Palm Beach County Parrs and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 W ith a Copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to MUNICIPALITY: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 W ith a Copy to: City Attorney 100 N.W. First Avenue Delray Beach, FL 33444 As to AGENCY: Executive Director Expanding and Preserving our Cultural Heritage, Irtc. 1 TO N.W . 5`" Avenue Delray Beach, FI 33444 ARTICk.E 8: TERMINATION FOR NON-COMPLIANCE Upon occurrence of ane or mare of the following events set forth below, COUNTY may find AGENCY in non-compliance and shall use any and all rights and remedies to this Interlocal Agreement as indicated in Article 9 for non-compliance by AGENCY in the performance of any of the terms and conditions as set forth herein: 1. Failure to complete engineering and architectural design and securing a!1 permits and approvals necessary to construct the Project no later than six (6) months from the date of execution ofi this lnterlocal Agreement. 2. Failure to award the bid far construction of the Project and commence Project construction no later than twelve (12} months from the date ofi execution of this interlocal Agreement, 3. Failure to totally complete the Project and open same to the public #vr its intended use within twenty four {24} months from the date of execution of this lnterlocal Agreement. 4. Failure in the performance of any of the material terms and conditions asset forth herein. 6 ARTICLE 9: REMEDIES In the event of any non-compliance by AGENCY in the performance of any of the terms and conditions as set forth in Article 8 and if AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from COUNTY to do so, COUNTY may at any time thereafter elect to pursue any and all remedies available pursuant to this Interlocal Agreement, either in whole or in part, including interest paid by COUNTY to retire bond funds during the term of this Interlocal Agreement. This Interlocal Agreement shall be governed by the laws a# the State of Florida. Any and all legal action necessary to enforce the lnterlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited #o, actions arising from the breach of any provision set forth herein. ARTICLE 10: Fil,1NG A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that AGENCY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or employee of COUNTY or its Board of County Commissioners or MUNICIPALITY or its City Council. In the event a claim or lawsuit is brought against COUNTY andlor MUNICIPALITY or any of their officers, agents or employees AGENCY shall indemnify, save and hold harmless and defend COUNTY andlor MUNICIPALITY, their officers, agents, andlor employees from and against any and al! claims, liabilities, lasses, judgments andlor causes of action of any type arising out of ar relating to any intentional ar negligent act or omission of AGENCY, its agents, servants andlor employees in the performance of this Agroement. ARTICLE 12: iNSURANCE A. AGENCY shall, at its sale expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY's review of acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. B. Commercial General Liabilit .AGENCY shah maintain Commercial General Liability at a limit of liability not less than $500,x00 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Crass Liability unless granted in writing by COUNTY's Risk Management ^epartment. AGENCY shall provide this coverage on a primary basis. C. Worker's Com ensation insurance & Em to ers Liabilit . AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. p, additional insured. AGENCY shall endorse COUNTY as an Additional Inspred with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents." AGENCY shah provide the Additional insured endorsements coverage on a primary basis. E. Builder's Risk and pro ert insurance. AGENCY agrees to maintain property insurance, which would include builder's risk insurance while the project is in the course ofi construction in an amoun# at least equal to the estimated completed project value as well as subsequent modifications of #hat sum; thereafter, All-Risl< property insurance for adequate limits based on AGENCY's replacemCY shallow pee to be fully respons'ble fore any deductible~or self{ir-sured wind, orflood. AGEN g retention. Umbrella or Excess Liabilit . if necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto liability, and Employer's Liabiiity coverage under Umbrella or Excess Liabiiity. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liabiiity, unless the Certificate of insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. i=. Wainer of Subro anon. AGENCY hereby waives any and all rights of Subrogation against COUNTY, its officers, employees and agents for each required policy. When required bythe insurer, or should a policy condition nat permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then AGENCY shaii agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent, This W aiver of Subrogation requirement shall not apply to andy poverawe should AGENCY enter into sucYpi anfagreementlon a pre loss endorsement, or voi g basis. G. Certificates} of insurance. Prior to execution of this Agreement by COUNTY, AGENCY shall deliver to COU NTY a Certificates} of ooverage evidencing that aii types and amounts of insurance coverages required by this Contract have been obtained and are in full #orce and effect. Such Certificate(s) of insurance shaii include a minimum ten (10} day endeavor to notify due to cancehati onParks and Recrleation Department~f 2700 SixdthrAvendue SouthllLake Palm Beach County, c1 Worth, FL 33461, Attention: Administrative Support Manager. F-t. Ri ht to Review. COUNTY, by and through its Risk Management Department, in cooperation with the contractingfmonitoring department, reserves the right to review, modify, reject or accept any required policies ofi insurance, including iimits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. i. AGENCY shall require each Contractor engaged by AGENCY for work associated with this Agreement to maintain: s t. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (,tones Act} in the event any portion of the scope of servicesfwork occurs over, near, or contiguous to any navigable bodies of water. 2, Commercial General Shaabilbe nlamed n the coverage as anaaddit o ~ai000r Bach Occurrence, COUNTY 3. Business Auto Insurance with limits of not less than $1,000,000 each accident. 4. !f the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05• ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this ~ ersr subcont actors and work in furtherance hereof, AGENCY certifies that it, its affiliates, supp ' consultants who will perform here Deeartment ofi Management Services within the 36nmonths maintained by the State of Florida p Florida immediately preceding the date hereof. This notice is required by Section 287.133 (3}(a}, Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are fior convenience only and shalt have no substantive meaning. ARTICLE 15: SEVERABILITY if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any exten# be held invalid to an ene°son orlclrcumstance otherothan t ose as to wh~h it's application of such term or provision, Y p held invalid or unenforceable, shall d enba efablee ~~ the extent'perhmitted byaaw.provision of this Agreement shall be deemed valid an ARTICLE 1B: ENTIRETY OF AGREEMENT This Agreement represents the entire otiations n elnresentation o~ ag eements,leither written ar AGENCY, and supersedes all other neg p oral, relating to this Agreement. Non S~f ~h ~~ ~ oriotherwi a alteredcexcdept by written) instrument Agreement maybe added to, mod~f~ed, p executed by the parties hereto. ARTICLE 17: TH1RD PARTY BENEFICIARIES This Agreement is made solely and spe~ns sub'ect to the fexpre se profv s one phereofh elat~ng to their respective successors and assig i successors and assigns, and no oto on acooun# olf this Agreement as ra thi d party benefic ary or be entitled to any benefits under otherwise. IN WITNESS WHEREOF, the parties have caused #his Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerl< ATTEST; CITY CLERK By: City Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Karen T. Marcus, Chair CITY OF DELRAY BEACH By: Nelson McDuffie, Mayor WITNESSES: EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC, Tax I.D. # 65-0687303 APPROVED AS TO TERMS AND CONDITIONS gy: Eric Call, Director parks and recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney By: Name (Type or Print) Title: By: Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attorney ~0 LIST 4F BXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cast Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form} {Page 2 ofi 2} EXHIBIT D Not Applicable 11 EXHIBIT A FRO,lECT DESCRIPTION, COST ESTIMATE, AND CONCEPTUAL SITE PLAN 3.2 PRO.fECT DESCRIPTION AND COST ESTIMATE C,SPENCER POMPEY AMPHITHEATER EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. November 23, 2410 Pro'ect Descri tion Expanding and Preserving our Cultural Heritage, Inc. (EPOCH) leases property located at i 70 Northwest 5`" Avenue in Delray Beach under a long term lease from the City of Delray Beach. The Spady Cultural Heritage Complex is located at that site, on which presently features an existing one-story bungalow, the Susan Williams House, to be used for children's programming, an existing two- story building operated as the Spady Museum, and an asphalt parking area. To expand the Spady Cultural Heritage Complex, EPOCH plans to build the 1,190 square feet G. Spencer Pompey Amphitheater adjacent to the existing Spady Museum. The Amphitheater will feature a stage, storage room, electrical room, backstage, changing room, men's restroom, women's restroom, A/C. Closet, and concession area. The Amphitheater will have audio and lighting systems to accommodate voice and music for small productions. A Courtyard area with seating will be constructed in front of the amphitheater. When complete, the C. Spencer Pompey Amphitheater will be used for events promoted by EPOCH, as well as for rental for private andlor public events. Cost Estimate Am hitheater Design and Engineering Construction of Amphitheatre Audio and lighting systems for amphitheater Courtyard Area with seating Other miscellaneous expenses related to the project. Lump Sum Cost Estimate: $559,685A4 EXHIBIT A ~~~c~ EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 Spady Cultural heritage Conapte~ ~ Phase IY . Delray Beach, Tlo~~icla Project Description Legal Description: Lots S, 6, 7 and. 8 Ivieivin Binds subdivision, according do ~apiat thereof as recorded in p at book 11, page 73, ~'ublic Records of Patin Beach Cnunty, F EXHIBIT C CONTRACT PAYMENT REQUESTSOHEDULD pNRACTUAL SERVICES PURCHASE 14 ~~~., ~~ ~~ORip~ PALM f3EACfi COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Date Grantee: ~„ Submission #: Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Equipment, Furniture TOTAL. PROJECT COSTS Project Nam®: EXFft€~IT ~: Reimbursement Period: Project Costs K_ e r~ This Submission (CS) (C) (~-? (~) CS ~ Cpnsulling Services Ke Le end ~ C . CantractuaE Services M =Materials, Supplies, pirect Purchases E =Equipment, Furniture Certification: I hereby certify that the above Certification: l hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports, reques#. Administrator Date County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: Financial Officer PBC USE ONLY Cumulative Praject Costs Date P13C Project Administrator Department Director Date Date G:ISYENGERIFORMS13Pg-Exhibit C-Bond Page ~ o__~f __~_ c~ z L7 O m n A~ co (D N 0 n ~' 0 4L W r~ m N n m ~ ~~ n chi h'. n ~ O ~ ~ ~~ co `~ ~n N ~ ~ .~ O, ~ ~ ~ .rt .,,t (U C1 N N r+ ~. m m ~~ m ~~ ~ ~ ~ o m w~~ C~ O A~,d~ n S ~ ~ (D o ~ ~. Q, p, '~ ~ rt (7 Q; p f41 ~ ~, ~ ~~ P ~ ~ ~ ~ .Q (D ~ ~ (D Q. (D ~ r+ '~ A~ G ~ ~ N ^~ 3 ~9 ~ ~' w x ~ ~ m ° c m m ~ ~o a ~ N C t7 'i~ O ~~ ~. ~~ ~~ o ~ ~s ~ ~ m x o ~' ~~ m ~ Q. c:. ~o 0 5 C ~ (U ~ ~Uf ~A ~W ~~ ~~ ~~ ~c4 ~00 ~~I ~~ ~Cn {~ ~W ~N ~1 1'.3 l i il i ii i i i ii ii ii ~ I g I II I I I I I I I I I II ' x ~ I I I I II I I I $ I I I I I I I I I ~ I ~ I I I I ~ V v 0 -. U3 f,7 °' ro S1~ ~ -ti m m' ~ ~' ~ ~ m ~ ~ ~ m m 0 . en{ii o ~~ , a~~ ~ ~ ~~~ ~ 11~ kl 11 ~ w a 3Q'~c ~~ ~ ~t 3ro~~~ ~N~mto ~ ~ ~ N ~ (D n-. G S 0 z n~ "'~ N G Nor. nom m~n N ~ ~ Z C Z (s ~D m ~ n~ ~ Z i'fl ,,,1 C CT! X _ ', 00 iF. _! n '' EXHIBIT D PRE-AGREEMENT COST LIST (NOT APPLICABLE) ar JU~~~N ARCHITECTS November 1 S, 2010 Daisy Fulton, Executive Director EI?OCH 170 NW S~` Avenue Delray Beaeh, FL 33444 ARCH ITEGTU FEE NC PLANNERS Re: Spady Cultural Complex Project No.: 06J012 Sul~gect: Amphitheater Cast Estimate Dear Ms. Fulton: 1NTERlOR DESIGN Thank you for the opportunity to further assist you in the development of this proje et•of stimatesis not w thin prepared a preliminary cost estimate far your review. Please be advised that this typ our area of expertise, however it reflects our professional opinion of what can be expected for the desired changes. We recommend that you obtain the services of an independent construction estimating firm to provide you with a more detailed estimate once the plans have been further developed. We used the previous estimate prepared by Randolph 8c Dewdney Construction (R&D} dated August 21, 2009 as a basis of comparison. Our estimate reflects various value engineering assumptions in comparison to R&D's original estimate. Our estimate also reflects an anticipated overall mare competitive bidding market due to the change in the economic climate since R&D's original estimate. Division 1 General Conditions & Re-Design $50,996.00 Division 2 Site Construction $16,125.50 Division 3 Concrete $90,000.00 Division 4 Masonry $ S,OOOAO Division S Metals $43'218'00 Division 6 Carpentry and Waod $16,164.75 Division 7 Thernr~al and Moisture Protection $ 8,000.00 Division 8 Windows and Doors $ 8,300.00 Division 9 Finishes $15,000.00 Division 10 Specialties $ 9,000.00 Division 11 Equipment $ 500'00 Division 12 Furnishings $20,000.00 Division 13 Special Construction $ 0.40 G:1YRflJECT DOCUMENTATiONVSPAI?YCCJL'1'URALCOMPLSX-O6J412141-ConiiaclslAmPhitheaterCostEstimate,-ams_iJ.IS.IO.doc Divisian 14 Conveying Systems $ 0'00 Division 15 Mechanical $ 14,000.00 Division 16 Electrical $120,000.00 Subtotal (Divisi©ns 1-16) $16,304.25 Builders Risk Insurance $ 3'000'00 Liability, Worker's Comp., Auto Insurance $ 1,200.00 Construction Field Staff $ 17,000.00 Permit)lees $ 8,000.00 Surety Bond Premium $ 18,000.00 Subtotal $463,504.25 General Contractor Overhead and Profit {15%} $ 69,525.64 Subtotal 5533,029.89 ~ Contingency (5%) $ 26,651.49 Grand Total $559,681.38 If there are any questions, please do not hesitate to contact me. Sincerely, Anson M. Stuart, LEED GA Project ManagerlAssocsate 18425 i~W 2 Avenue, Suite 402, Miami Gardens, FL 33169 7. (305) 690.5966 F. (305) 690.6201 E-mall: ucisonarchitect belisouth,net G:1PR0lECT D(3CUIvII;NrATIOA[1SPADYCIiLTURA].CO?viPLEX~06JQ12101-ContractslAmphitheaterCastEstimate_ams_i1,I5.i0.doa `, ~ ~ ~ a0tw9WAUNITY REDEYELflPMENT AGENCY Fel~ru ary 17, 2~ i l Ms. Daisy Ftrltar•r, Exeea~tive ~-rectc~r Exp~tndr~~ ar~d Preser°virrr~ ~9ur: Cr_dtrrral i-l~rita~, Ins;. {E~'CI~H) 1'7(D l~1 W S'n Aventue l'~elruty Bca~eh, Fly. ~~444 Dear Daisy, This letter° is to r:c~nl'irr~r ll~~t the Delray ~eac.h ~arrgrn:~rnity Redevelc~prnent Agency (BRA) h~~s agreed t~ ter~Tpc~rar•i1y pears. EF~CH ~~5t~,aQ~ to br:aild an An~rphtheatre can the ~Spady 1`vlrrseGr~aa. ~arnpus whir;h will he paid hac-c tea the BRA frram the ~t~trnty gr-<rnt awarded tc~ lr~CI-I. [t is noted that flee ter•rr~rs of the r°eirnbr.rr•secrreni will need tea be stiprrl~rted in a fLrtrrr•e agreement between the C'R.A and. ET'C1C~-~. S~incercly, ~„",~ , Diarue C'~Iranr~a ~xecrat:ive Dir°eetcar• ~~ Nar~h S~rin~~n ~venUe ~~~ Delray Bead, flc~rirla ~~44 ~~ P'hane: ~61/'2.7b-$640 ~ fay: 561/216-8$ ~ ~rw~r,~elrayera.arg 0 0 0 0 0 0 0 , °O ~ ~ ~ °O °_ ~ ~ ~ ~ °O o ~ o ~ - ~ o ~ ~ CC , '..... M ''..... , M CC r; , M CC ~ Per O F I '...... O F O F C W y G) .~ ~ i w O ~+ CC A ~ A i i i ~ ~ ~ ~ ~ L[i ~ ~ '" Z ~+ rii ~ W ~ ~ ~ ~ o ° ~ N v v v '~+ y+ y+ a. ~~ ~ ~ ~ ~ W ~ W w z A ti a a a ~ ~ ~' ~ a a , ~ ~ ~ U ~ U ~ ~ ~, w ~, w w ~ ~ ~ ~ w ~ w ~ ~ ~ M H M H M H F ~ ~ ~ ~..I W w ~ H w ~ H O ~ ~ ~ N i i i ~ ~ ~ ~ w ~ N ~ N ~ N ~ A - ~ ~ G G G A ~H ~ ~ ~ . W W ti ~ ~ ~ ~ O ~ O ' ~~ ~+' ~ ~ _ C N _ O G~ _ N ,.y N U - ~ H ~'% M H ~'% M H ^~ U w G~ G~ "~ CC t2. W O ~' '~ - F z F - ~ V ~ o ~ - c ° = z ~ ~ f w U Z r ~, F ~ ~ _ r ~ a r rii - ~ ` - > ~ W A ~ ~ „ ~ o ~ v ' ~ '~ V a ~ O °' -r ~ O ,- U A w = A p A '~ °' ~ ~ - - - eta ~ = O ~ ~' a'' ~ 1' - = Q' ~' ~ _ -_ w ~. o ~ ~ <.~ i. W }. ~. - _ r ~_ ~: W f~ i. W C a~ ~ ` f ~ ~ s <" ~ O y p Chi " ~+ ' _ L ~' ` ~ _ ,.. _ _ +' ~ • ,~ ~ ~. ~. J J ~ ~- y ~y ~y •rl ~ _ _ r : ~ ti ~ ~ p LE ~ __ C ~ ~ I ~ ~ ~ C O C ~ ~ ~ ti ~ .C ^ ~ ~ o / `4 ~ ^ ~ :J • es C o .C ~ ~ O I Q> ^ ~ es i. . v o O I ~ d ~ es O A W _ _ = U= U U + .1 W U W ., Ci, F IYi ¢ , U LJ rii Q 0. F 0. 0 U F ,~ v ~. ,x"~.,~ ~,. ~ ..ti~ ~~~ ~, ~, 1a ~ -~~ 'w + , - . N ` 3 3 .J`~ i _ ~~~.~. ~. ," ~ i ..m, '~ x ~~ a' ~ ~ l~ ~r~ _.', y„ , > „nm ~~ ~ .., _ ~' ,.. ... ...., .. i '. ~ti , ~ !q ~? .. ~ y ~~ ,. a ~ H ~'~~, .i F ` h M J, ,., ~. ~ ~'. n T v %C ~ > T y~ i ~, ~' r. r ~ j r ill, I~t~~ ~~ ~~.~ ~~ ~ ~ , ~~"! ~ ~r ~ ~ ~, ~. ,~ ~ %'j it ~l, ~ ~' y I f ~,, ", ~ ~~ ,:; n' ,~, ,, ,,.. ~; ~~ y.~, ,~ ~;f ~ - y ,~ , ~. _, . V~y~ei ., y,- ~ i, ~. Y k L'~~x o ; *¢ ( 3'~ Ott ~ ~ _ r ~~i _ ~ ~~ ~ ,~ ~ + ~ "~ f .~. Y, ~„ b, III _ '! ,~, ~ ~ ~ . , ... ~~ .__ , .~~ ~„ .~ ~~-~[ r a a ,n t 'y~ ~ ,,y~~ ~ (~ ~ ~~. ~i l~' ;~ '.. :E ~ ~ ~{r ~ s.. i 7~i W. O rt ~ ~ ~~ ~~ a~~1 ~ ~ . mf~'~ ~{ ~f ~R'O F Y I f ~A I.' ..., r',~ A, ~', fi.: ~ ~~: ~5~ .... kl. ,,, Spa ~~, ~_ ~''"'~;'~3 ~ ~ ~ ~ ~. 'girl ~" x, ~a 11 ~'.i. i~ ~ j , I S ' ~,i ~!~ iN '4 ~ '. i ~ ~}fir ~', Ii ,~ 1 ; if '~~ r, ~ ~ .. l~A. ~~ ~. ,~ I, N ~ ~ ~~ .x„ ~ ~ ~ 6 ~. ~ I ~" 4a, ~ °` sMw , A `~~ ,~k ~ ~~ ~ -~ ~~ ~y r~ " ~ s ~ ~~ ~ ~ ~~a~a ~ ~~~~~ ~. , , k,: ~~, ,~,~., ~y r~ ~~ ~ ~' MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: February 23, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 RECONSIDERATION OF CREATIVE CITY COLLABORATIVE TO WAIVE COST ITEM BEFORE COMMISSION Commissioner Eliopoulos has indicated that he will move to reconsider the request from the Creative City Collaborative that the City waive reimbursement for the printing and mailing costs, estimated to be $4,170 for three (3) quarters, to include in our utility bills a solicitation for voluntary donations to cultural programs. BACKGROUND At the January 18, 2011 Commission meeting, the Commission approved including in our utility bills a quarterly solicitation for voluntary contributions to cultural programs, but denied the accompanying request that the City waive reimbursement for the cost. Attached is a request received from Alyona Ushe on behalf of the Creative City Collaborative asking that the City Commission reconsider waiving reimbursement for these costs, estimated at $4,170 for three (3) quarters this fiscal year. Also attached is the original request from the Creative City Collaborative. A previous Commission had agreed to this quarterly solicitation, and prior to the hiring of an Executive Director, the City did this one (1) time. We collected approximately $2,011 and Commission did waive the payment of the costs. All proceeds were given to the Creative City Collaborative. In light of our current financial situation, staff still feels that the Creative City Collaborative, which is an independent non-profit, should reimburse the City for our costs from funds they might receive in response to these solicitations. RECOMMENDATION Commission discretion. Harden, ©aVld From: Wynn, Kimberly Sent: Wednesday, February 9 B, 24? 1 4:57 P1Vl To: Harden, flavid Cc: Agenda Coordinator Subject: Creative City Collaborative Agenda Request Attachimenfs: CGC Agenda ltertr Request far 08-01-1 ~.pcif Mr. Hardel3, AlyolSa C1she €raltl CCC requested to be placed an the March 1, 2©11 meeting agenda: They would like to have the Commission reconsider their decision an the following agenda -item €rom the January 18, 201,7. Reg~Ilar Meeting. REQUEST FRDM THE CREATIVE CITY `C~LL.ABORATTVI%. CCCGl TO.... WA;~.V... COSTSs Consider a request frvl~l the Creative City Collal7arative to authorize the quarterly voluntary solicitation of donations for cultural programs and to waive payri~ent to the City of the printing and mailing costs estimated to lie ~4,~7Q.00 for three [3~ qual`ters: [First Nl.atiQn to authorize quarterly voluntary salicitationn a€ d.anations via water bill; Approved, 3-2. Com~nissianer Gray and Comtx~issianer Eliopoulas dissenting. Second Motion to waive payment; Qenied, 4-1. Commission Fetter dissenting.) Ho~v would you Tike to proceed? Thanks, ~~xt~ ExecrzDve Assistant/Agenda Coordinator City of Delray Beach City Clerk's Offiee 100 N.W.1st Avenue Defray Beach, Fi€trida 33444 561j243-7059 wynnCa n~, d~yb~a~lt.r~ Under Florida law, a-mail addresses. are public records. if yott do not want your a-mail address released in response to a puF~lic-retards request, do rtoe send electronic mail to this entity. Instead, contact this office by phone or.in writing. i f r ~ ~~ ~ ~~ ~ fir- ~~ ~,~ i ~~t ~--~ ~~~, ~~~ ~r- Page I of 3 Barcinsi'cii, Rober# From: Ushe, Alyona Sent: Monday, January 1€1,2011 3:04 PM To: Barcinski, Robert Subject: 1=W: Water bill Flyer Dear Mr. Barcinski: Below are the quotes for printing and distribution of water-bill flyers. On behalf of the CCC Board of Directors, 1 respectfully request that the City Commissioners consider forgiving these fees for the next three quarters of this fiscal year. The estimated total comes to $a,a.~0. The CCC has been tasked with programming for both the Warehouse and the Arts Garage designed to benefit Delray Beach economic development through arts and bring visibility to the Pineapple Grove Arts District. As a very young organization created solely to promote economic development in Delray Beach through culture and arts, we need the invaluable partnership with the City to achieve these goals. Thank you once again for your consideration. Warmest Wishes, Alyona Alyona Aleksandra tlshe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 100 NW 15t Avenue Delray Beach, FL 33444 Sb1-243-7327 ~ office 561.-245-07.8© ^' cell usheCa~mydeir~beaeh.com llnder>=lorida law, e-mail addresses are public records. ff yotr do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this enffty. fnsfead, contact this office by phone or in wrifing. IFrom: Dechicchio, Rosanne Sent: Tuesday, 7anuary 04, 2011. 7,2;47 PM To: Ushe, Alyona Cc: Barcinski, Robert; Beldowicz, Donna; Reade, Richard; Smith, Douglas Subject: RE: Water bill Flyer Please note quote information regarding flyer insert with the utility bill: Quantity: 22,000 Paper. white, t?0 Ib, 8.5 x 11 inches Content: ~-color print Fold ~ insert: tri-fold for insert in utility bill 1 /10/2011 Page 2 of 3 ®eadlino: I*inal 8 business days prior to mailing date Total Cost: $1394.40 The flyer will not require additional postage. However, if another department requires an insert during this time, it is recommended to temporarily discontinue the flyer insert and resume fhe process once ail additional inserts are completed. ~y doing so, extra postage charges will be avoided. Contact me should you have any questions. ~sar~ne ~DeChitcl in Administrative Assistant Public Information Office City of Delray Beach {561) 243-7']90 dechlcchio@~»ydelra ybeach. com From: Ushe, Alyona Sant: Tuesday, December 28, 2010 5:24 PM' To: Dechicchio, Rosanne Subject: RE; Water bill Flyer Dear Rosanne, At your convenience, can you please email mean estimated costs to print, fold and put in envelops one page flyer far the Water bill (in color). Thank you and wishing you a happy and prosperous New Year! Alyona Alyona Aleksandra Ushe Executive Director Creative City Collaborative Delray Beach Community Redevelopment Agency 1n0 NW 1st Avenue Delray Beach, FL 33444 5b1-243-7327 ^' office 561-245-0180 ^' cell usheC~mydelraybeach.cam Under Florida law, a-mail addresses are public records. if you do not want your e-mail address released in response to apublic-records request, do not send electronic mail to this entify. Instead, contact this office by phone or in writing. From: Barcinslci, Robert Sent: Tuesday, December 28, 2010 5:20 PM To: Ushe, Alyona Cc: Dechicchio, Rosanne; Smith, Douglas; Reade, Richard Subject: RE; Water bill Flyer As we discussed need to shoot for February mailing. Get cut off date from l~osanne and approximate cost to print ] 11 x/2011 Page 3 of 3 fold and put in envelop. Then do another request with all of this info in it. I'll need by January 7~~' to get on the January ~8~' Commission meeting since only they can waive the costs. From: i.fshe, Alyona Sent: Monday, December 27, 2010 6:29 PM To: Sarcinski, Robert Subject: Water bill Myer Dear Mr. Barcinski, The Board of Directors of the Creative City Collaborative would like to resume including flyers with the water bill. If possible we would like to be included in the next water-bill cycle. In addition, it is my understanding that last time the flyers were distributed the city generously took care of reproduction costs. Please consider extending this offer to the CCC again. !look forward to hearing from you. Warmest Wishes, Alyona Alyona Aleksandra Ushe Director Creative City Caflabarative Delray Beach Community Redevelopment Agency 100 NW 1Sr Avenue Delray Beach, FL 33444 561-243-7327 ^' office 561-245-0180 ^' cell Ushe@ mydelr~beach,com Under Florida law, e-mail addressas are public records. i>: you do no# wan! your e-mail address released in response to apublic-records request, do not send electronic mail fa ibis entity. #nstead, cornfact this office by phone or in wri#ing. 1 11 0120 1 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 22, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Parking Management Advisory Board. BACKGROUND Mr. George Brewer, Citizen-at-Large Representative on the Parking Management Advisory Board, verbally resigned effective January 25, 2011. This creates a vacancy for one (1) Citizen-at-Large Representative to serve an unexpired term ending July 31, 2011. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: George Mancini Mel Pollack (currently serving on the Board of Adjustment) Brian Rosen A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) Citizen-at-Large Representative to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) Citizen-at-Large Representative to serve an unexpired term ending July 31, 2011. 02/11 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Mark Krall a~ 09/20/10 P & Z Ratified 10/19/10 07/31/12 William Morse CHAMBERS a~ 0/21/10 Ratified 08/17/10 07/31/11 Herman Stevens CRA a~ 0/09/09 Ratified 09/10/09 07/31 /12 Margie Walden WARC Unexp Appt 10/19/10 Ratified 11/02/10 07/31 /12 Fran Marincola, Q~air a~ m/2o/o6 alt DDA Ratified 08/15/06 alt Reappt07/14/08 reg Ratified 08/19/08 reg Reappt07/12/10 Ratified 08/17/10 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31 /12 Peggy Murphy Atlantic Avenue Comdor a~ 01/05/10 $etween Swinton Avenue and the Intracoastal 07/31 /12 Alan Kornblau Atlantic Avenue Comdor Unexp Appt 01/03/08 $etWeen SWiritOn AVenue Reappt 01/05/10 and Interstate 95 07/31 /12 John Gergen Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA COTT1dO2S and Reappt o1/05/10 lying East of the Intracoastal Waterwa 07/31 /12 Cecelia $oone Old School Square Unexp Appt 03/21/06 H1St021C AT'fS I~LStt1Ct Reappt0l/15/08 Reappt0l/05/10 07/31 /11 Mr. $ruce Gimmy Citizen at-Large Unexp Appt 12/01/09 07/31 /11 Citizenat-Large Vacant PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31 /12 Cary Glickstein &Z Unexp Appt 10/18/10 Ratified 11/16/10 07/31 /12 CHAMBERS Vacant 07/31/12 Veronica Covington CRA Appt 06/24/10 Ratified 08/17/10 07/31 /12 ARC Vacant 07/31 /12 Diane Franco DA Unexp 08/21/09 Ratified 11/17/09 Reappt07/12/10 Ratified 08/17/10 S/City Clerk/Boardll/I'arking Mana~xnent AchnsoryBoard Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 22, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND Mr. Waymon Dixon, regular member on the Code Enforcement Board, was removed due to having missed three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending January 14, 2012. Mr. David Boone is an alternate member and would like to be considered for regular membership. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The current board membership includes a business person, a general contractor, and a real estate consultant. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. 01/11 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2013 George Thacker Accounts Layperson Unexp Appt 03/20/07 alt ~1,~a,-,a~„or ` "~ "~`' Unexp Reg 06/03/08 Reappt0l/05/10 01 /14/2013 Stanley Brodka, Vice Q-iair Financial Services Layperson imexp Appt09/05/06 Reappt0l/02/07 Reg Rea 01/05/10 01 /14/2014 Kelli Freerr~an Staffing Manager Business Amt 01/03/08 reg PerSOn Unexp Appt 10/2/07 alt Reappt0l/04/11 01/14/2013 GeraldFranciosa Accounting/Law Layperson unexp A~ a~/o7/09 alt Enforcerr~ent Amt 01/05/10 reg 01/14/2012 Robert Marks, Q-iair Construction General Unexp Alt Appt 01/07/03 Contractor Unexp Reg Appt 04/15/03 Reappt02/07/06 Rea 01/06/09 01/14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 alt Amt 01/20/09 reg 01/14/2012 Unexp Appt Vacant ALTERNATES 01/14/2013 David Boone Attorney/Educator Layperson Amt o1/05/10 01/14/2013 Sl-iarnzon Dawson Real Estate Real Estate Unexp Appt 06/17/08 Reappt0l/05/10 Contact: Danise Cleckley 243-7213 S/CityQerk/Board 11/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Mark Behar Self Employed -Investor David Boone Attorney/Educator Incumbent Jason Dollard Attorney- President/CEO (currently serving on the Police Advisory Board) Gail Johnson Code Enforcement Officer Beril Kruger Self-Employed -Consultant Mel Pollack Retired -Business Development/Operations (currently serving on the Board of Adjustment) Stanley Scharf Administration/Supervisor Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 17, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE N0.03-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi judicial hearing for a privately initiated rezoning from Agricultural (A) District to Professional and Office (POD) District fora 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. (Quasi-Judicial Hearing) BACKGROUND At the first reading on February 15, 2011, the Commission passed Ordinance No. 03-ll. RECOMMENDATION Recommend approval of Ordinance No. 03-ll on second and final reading. ORDINANCE NO. 3 - ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AGRICULTURAL (A) DISTRICT TO PROFESSIONAL AND OFFICE (POD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 360 FEET WEST OF HIGH POINT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned Agricultural (A) District; and WHEREAS, at its meeting of January 24, 2011, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Professional and Office (POD) District for the following described property: All that part of the East 165 feet of Tract 49, Model Land Company's Subdivision of the North half and part of the South half of Section 18, Township 46 South, Range 43 East, according to the Map or Plat thereof, as recorded in Plat Book 6, Page 51, Public Records of Palm Beach County, Florida, lying North of the road right-of--way for West Atlantic Avenue as shown on Road Plat Book 3, Pages 24 through 30, inclusive, Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Readi Second Reading ORD NO. 3-ll Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 7, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 ORDINANCE NO. 03-ll ITEM BEFORE COMMISSION Consideration of a privately sponsored rezoning from Agricultural (A) to Professional Office District (POD) fora 2.09 acre parcel located on the north side of West Atlantic Avenue to the west of High Point Boulevard and the Delray Garden Center. BACKGROUND The project site is currently vacant and was until recently part of the Delray Garden Center. This is a privately-initiated rezoning request to go from Agricultural (A) to Professional and Office District (POD) to accommodate the future site of the Spodak Dental Office Building. REVIEW BY OTHERS At its meeting of January 24, 2011, the Planning and Zoning Board held a public hearing in conjunction with the POD rezoning request. No one from the public spoke either in support or opposition to the rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Mr. Connor Lynch and Al Jacquet absent, Mr. Spodak stepped down), to recommend approval of the rezoning request to the City Commission. RECOMMENDATION Approve on first reading Ordinance 3-ll rezoning the 2.09 acre parcel from Agricultural (A) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings), with second reading to occur on March 11, 2011. http://itwebapp/AgendaIntranetBluesheet. aspx?ItemID=4181 &MeetingID=285 2/17/2011 PLANNING AND ZONING BOARD CITY ®F ®ELRAY BEACH ~ MEETING DATE: January, 2011 AGENDA ITEM: Iv.B ___~TAFF REP®RT--~ ITEM: Privately-initiated rezoning from Agricultural (A) to Professional and Office District (POD), for a vacant parcel located on the north side of West Atlantic Avenue to the west of Homewood Boulevard and the Delray Garden Center. The Future Land Use Map Designation far the subject property is currently TRN (Transitional). The subject parcel will be the future site of the Spodak Denta[ Offiice Building. G E N E RAL DATA: Agent ................................ Weiner and Lynne, PA Location ...................................... North side of West Atlantic Avenue to the west of Homewood Boulevard Property Size .............................. 2.09 acres Existing FLUM ........................... TRN {Transitional) Proposed FLUM ......................... No Change Current Zoning ............................ Agricultural (A) Proposed Zoning ........................ Professional and Office District {POD) Adjacent Zoning ................North: RM (Multiple Family Residential - Medium Density) East: A {Agricultural) South: RL {Low Density -Multiple Family Residential) West: POC {Professional Office Center) Existing Land Use ...................... Vacant Proposed Land Use .................... Spodak Dental Office Water Service ......................... Available via connection to a 12" water main which is adjacent to West Atlantic Avenue r-o-w Sewer Service ........................ Available via connection to a 8" sewer main located on the northwest side of the site ,~p~ ~ ~; ~' ITBM BEFORE-THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately-initiated rezoning from Agricultural (A) to Professional and Office District {POD), for a vacant parcel (located on the north side of West Atlantic Avenue to the west of Homewood Boulevard and the Delray Garden Center). The Future Land Use Map Designation for the subject property is currently TRN (Transitional} and will remain unchanged. The subject parcel will be the future site of the Spodak Dental Office Building. Pursuant to Section 2.2.2(E) {6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND ANALYSIS The project site is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard and contains approximately 2.09 acres. The property is currently vacant and was anti! recently part of the Delray Garden Center. This is aprivately-initiated rezoning request to go from Agricultural (A) to Professional and Office District (POD). The subject parcel will be the future site of the Spodak Dental Office Building. REQUIRED FINDINGS REQUIRED FINDINGS iChapter 3): Pursuant to LDR Section 3,1.1 (Required Findings), prior #o the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures mus# be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional} and the requested zoning designation of POD (Professional and Office District) and both are consistent with each other. The Transitional (TRN) land use designation allows office, commercial, and residential uses. Therefore, the development of this parcel as the future site of the Spodak Dental Office will be consistent with the Comprehensive Plan, and compatible with surrounding developments in the area. Thus, this standard has been met. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurren# with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of cnncurrency can be made as it rely#es to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY; Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5{D}{5) for the Rezoning request shall be the basis upon which a finding of overall consistency is #o be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning 8~ Zoning Board Staff Report -Meeting of ,lanuary 18, 2011 Spodak Dental Office Rezoning Page 2 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Objective A-9: Property shall be developed or redeveloped in a manner so fhat fhe future use and infensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The development of the site with uses allowed under the proposed POD zoning (office uses) will provide a transition between the POC (Professional Office Center) use located to the west, and the multiple family residential condominium buildings located to the north and east of the property. Therefore, the requested rezoning of POD (Professional and Office District) will not negatively impact the existing land uses in the area. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: I#ems identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicatiionlrequest. The development proposal that will follow this rezoning request is the Spodak Dental Office building. A facility of this type will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. While specific findings will be made with future development approvals of the site plan review process, Appendix "A" includes a brief discussion of concurrency findings as these relates to the rezoning request. COMPATIBILITY: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the requested rezoning from A {Agricultural) to POD (Professional and office District} will be compatible with the existing and future land uses of the surrounding area. The proposed office development allowed under this zoning category will be compatible with the surrounding existing developments of the neighborhood, particularly with the existing Professional Office Center (POC) zoning located to the west of the property. The proposed rezoning is also consistent with the adjacent development pattern to the east (The Delray Garden Center, zoned agricultural which is considered a transitional designation and to be modified in the future to a more appropriate urban designation). Consistency is also found with other properties to the east including (the First Encounter Condominium with RM zoning}, and (the Dialysis Center of Delray Beach with POD zoning); and north (The High Point of Delray Condominium, multifamily residential units with RM zoning), and west {the Gringle Doherty and Wheat professional office building with POC -Professional Office Center zoning). Thus, compatibility is not a concern with this proposal since it will not negatively impact the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood. r REZONING ANALYSIS 1 Future Land Use Map Consistency, concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Planning & Zoning Board Staff Report -Meeting of January 18, 2011 Spodak Dental Office Rezoning Page 3 Section 3.2.2 (Standards for Rezoning Actionsl: Standards "A", "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "D" requires That the rezoning shall resu!# in allowing land uses which are deemed compatible with adjacent and nearby land use bofh existing and proposed; or that if an incompafibility may occur, thaf sufficienf regulations exist to properly mitigate adverse impac#s from the new use. The fallowing table identifies the zoning designations and uses that are adjacent to the subject property: Adjacent Zoning: Adjacent Land Uses: North RM (Multiple Family Residential) High Point of Delray Condominium West POC (Professional Office Center) The Gringle Doherty and Wheat professional office building East A (Agricultural), RM (Multiple Family Delray Garden Center, High Paint of Residential) and POD (Professional Delray Condominium, the First and Office District} Encounter Condominium, and the Dialysis Center of Delray Beach South RL (Low Density -Multiple Family Woodlake Single Family Subdivision Residential} across West Atlantic Avenue The introduction of the POD (Professional and Office District) zoning will allow the operation of the future office uses which will provide service far adjacent residential areas. In addition, the operation of the medical office uses will enhance the subject property comparatively with the adjacent medical office uses, professional office uses, and residential uses. The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the uses allowed under the POD zoning designation. LDR SECTION 2.4.5 D 5 -REZONING FINDINGS: Pursuant to LDR Section 2,4.5{D){5), in addition to provisions of Chapter 3, the City Commission must make #indings that the rezoning fulfills at least one of the reasons listed under Subsection (2}: {a) That the zoning had previously been changed, or was originally established, in error; {b] That there has been a change in circumstances which make the current zoning inappropriate; or {c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate far the property based upon circumstances particular to the site andbr neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b° and "c" identified above, indicating that there has been a change in circumstances which make the current Planning & Zoning Board Staff Report -Meeting of January 1 S, 2011 Spodak Dental Office Rezoning Page 4 Agricultural zoning inappropriate. The property is surrounded by commercial zoning and the long term operation of an agricultural use (Delray Garden Center) is not compatible with the rapid urbanization process that has occurred along this portion ofi West Atlantic Avenue. Objective A-1 ofi the Future Land Use f~.lement of the Comprehensive Plan clearly states that property shall be developed in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the remaining land use needs. The requested POD {Professional and Office District) zoning is complimentary to and compatible with the surrounding and adjacent properties. The requested POD zoning will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area. REVIEW BY OTHERS '. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency}. CourtesyTNotices: A special courtesy notice was provided to the following homeowners andlor civic organizations: Susan Sims, Neighborhood Advisory Council Suzanne Donohue, Neighborhood Advisory Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Puiblic Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT.AND CONCLUSION The requested rezoning from Agricultural {A) to Professional and Office District {POD), for a vacant parcel is to allow the future operation of the Spodak Dental Office Building. The Future Land Use Map Designation for the subject property is currently TRN (Transitional). Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 {Standards for Rezoning Actions} and LDR Section 2.4.5(D){5){Rezoning Findings), LDR Section 4.4.16(B){1) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property from Agricultural (A) to Professional and Office District (POD), is recommended for approval, based on the findings outlined in this staff report. RECOMMENDED'ACTfONS A. Move a recommendation of approval to the City Commission for the privately initiated rezoning from A (Agricultural) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staffi report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 {Required Findings), 3.2.2 (Standards far Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings), and 4.4.16(8)(1 }. B. Move a recommendation of denial to the City Commission for the privately initiated rezoning from A (Agricultural) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Planning & Zoning 13aard Sfaf€ Report -Meeting of January 18, 2p11 Spodak Dental Office Rezoning Page 5 Plan and does not meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2,2 (Standards for Rezoning Actions}, 2.4.5(D){5)(Rezoning Findings), and 4.4.16(B)(1}. STAFF'RECOMMENDATIONS Moves a recommendation of approval to the City Commission for the privately initiated rezoning from A (Agricultural} to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consisfenf with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 {Standards for Rezoning Actions), 2.4.5(D){5)(Rezoning Findings}, and 4.4.16(B}{1). Staff Report Prepared by: Estelio Breto. Senior Planner Attachments: • Zoning District Map Survey Planning & Zoning Board S#aff Report -Mee#ing of January 18, 2011 Spodak Den#al Office Rezoning Page 6 -- APPENDIX "A" C4NCURRENCY FINDINGS : Pursuant to LDR Section 3.1.1[B}, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12" water main located along West Atlantic Avenue r-o-w. Fire protection is provided by a fire hydrant located on the southwest side of the site. Additional fire hydrants will be considered as part of the site development approval process. Sewer service is available to the site via connection to an existing 8" sewer main which is located along High Point Boulevard r-o-w on the northwest side of the site. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is a vacant parcel located on the north side of West Atlantic Avenue just west of Homewood Boulevard, in Delray Beach, and contains approximately 2.09 acres. The owner has requested a re-zoning from Agricultural {A) to Professional and Office District (POD} with the intend to build the Spodak Dental Office facility, and thus, the traffic analysis has been based on the differences between the trip generation of a Drive-In Bank (maximum traffic generator allowed under POD zoning) and a Wholesale Nursery. The proposed change in zoning designation from Agricultural (A} to Professional and Office District (POD) has been estimated to generate a 2,93 increase in daily trips, a 136 increase in A.M. peak hour trips, and a 286 increase in P.M. peak hour trips at project built-out in 2D15. Based on an analysis of existing and projected traffic characteristics there is adequate capacity on the surrounding roadway network to accommodate the additional trips that may be generated by the dental office facility which will generate significantly less traffic. Therefore a positive finding can be made with respect to this level of service standard. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Solid Waste: Solid waste requirements will be evaluated during the site plan review process of the Spodak Dental Office project. No issues are anticipated. Schools: School provision requirements do not apply for non-residential uses. a G P BG D TN O R 7E R. EVA ~ z v O CORAL TRACE PLACE a FRANCES DRIVE W o a '~ ~ z o ~ o m a d m z MAURICE DRIVE s w Q U ~ ~ Q -33 z C~ ~ I Ltd °a HIGH PDIN7 CDURY E. 2ND HIG41 POINT COURT 54E5T P ~_ ~ r z o HEGH PDINT TERRACE iVEST PRIVATE HIGH PDINT TERR. E. ~ z ry'W 2N8 Cr. HIGH POINT ROllLEVARp ~ k ~ 2ND ST. N rc a w N .js W °m z fit. 2 g o N.W. 1ST ~ a N.W. 1ST ST. = AVENUE ~ ~~ a ATi~ANT4C WEST sT. 5 W 2ND j ~ ~ S. W, 3RD g ~ o ~ ~ a sP~Y ~ w Oi~'N'~ GIENMV00 CWRT N ~ O ~bb ~ 07 ~ d WAY J ; ~ vi Q 2 ~ N 0?ENN000 ~~ 3' (] H V1 ~ CANAL L-34 ~ w S W gTt1 SS ~ NE ~ O ~~ tAxe ~ x ~ cr. ~ O y s.w, snr sT. w HIGHLAND ~ AVENUE 'g CLEARBRD CSRCLE w Y ~ D z w y 5 SPODAK DENTAL OFFICE CITY OF DELRAY BEACH. FL SUBJECT" PROPERTY LOCATION MAP PLANNING & ZONING DEPARlM1ENT -- D/GlIAL BASE MAP SY57FM -- MAP REF: 5:\Planning &Zoning\DBMS\Flle-Cab\Z-LM 1001-1560\LM123D_Spodak D®ntal Office ~~~~ - ~ ~ sFCnav , w~wu~ ~ rcaxur m.nao k j s~" L- ~~ ~ ~'~ ~ ~ ?- S&s~ y~ ~$ O o ~W ~ ~: ~ 4~ ~ ~'~~~ a ~~ ~ ~ ~~ ~ w ~~~~ ~ g e I ~ _ ~~~_ I i ~ ~ ~~~ ~~~ o ~~ a a~ ~I I~ I I ~ ;, ~ ~ ~ w a~ f ~~ ~ a raa ~ I j ~~~~ ~ j ~ ~~~~~ ~ G~~~ 1 ~ ~~ ~~ 3 ~~~~~ ~~~ -~ JRACT 49 ~ '-$~L~~S ~~~ ~I ~ I ~~ ~ ~ d ~ ~ ~~ ~~ p ~~ n . i a ~~ i= ~,.~~..a 1 ~ -~-- A~CL R _~- ,o~~ ~ ~f ~~~ ~~-~ ~~ 11~ ~ ~Sq E~~y ~ ~ Sw~°~yO UTP ! ~µ~r CP''v' ~) j~a~ ~FSFga ~No y.~ ewta oxss~° W®s e~m ~a'gdp eM ~rnr rw K+o _~~ `' '"1 EAP Teo pNO ~ q d3 W 4 nMa ^s.~wu~w'Xwr~y~vs+ ~b7 N SPODAK DENTAL OFFICE CITY OF DEi.RAY BEAC3i. FL suedecTPROPERTY PROPOSED ZONING MAP PLANNING & ZONING DEPARTMENT -- DlG/TAL 445E MAP SYSTEM -- MAP REF: 5:\Plannirsg h Zoning\OBMS\Ffle-Cab\Z-LM 1001-1590\LM12308_Spndak Denlol Office I 0 FRANCES ~ o ~~~ a® ~~~"` 4 ~ 4 ~~ ~ Q ~® 3 ~ HEGH POINT TERRACE WEST PRIVATE HIGH POINT TERR. E. z W, 2N0 GT HIGH PDMT eOULEVAAO f 2ND ST. N a GSA '~ °a Z .YEf. 15T 2 E N• Z g ~ ~ AVENIfE 0 ~ ~ I- ATLANTI WEST ST. y~Ar s.w 4r W a ~ ~ S. W.' 3RD SL ~ O O~ ~ ~ ~ ~ ~ a ® ~ ~ LN J p-[11W00a CIX3RT H d ~ G °~ ~ ~ WAY J $ ~ ui N O ®~ AVENU 0 D N SPODAK DENTAL OFFICE -~ CITY OF DELRAY BEACH, FL SUBJI=CTP120PER1Y EXISTING FUTURE LAND USE MAP PLANNING do ZONING DEPARTMENT 1lG1TAL QASE MAP SYSTEM -- MAP REF: 5:\Plonning do Zoning\DBMS\File-Cab\Z-LM 1601--15UU\LM123CC_Spndak Denial Dffice 0 PRD 4 g U~ ~ ~ R-1 PRIVATE HICN POINY TENR. E. ~ #iIGW POINT TERRACE WEST k. Z 2ND CL H€GH POINT BWLEVARo • W, ?ND ST. r ~ N P N .fSTLN °m 1 ~ _ J. T L r 3 a a N. ~+ ~ AVENUE ~ ~ 1a A~LAI~TIC wES~ _ F ~ ®~ ~ a s.w. 3RD s ~ - ~ ®~~ 1#.LNNOW ~, ~ ~~ C ~ ~ WAY ®S ~ N i11laYILAIV!! ~' AYtNU C BRGD GRCLE g D z ® 69 ~ ~ "~ rW N SPODAK DENTAL OFFICE CITY OF DELRAY BEACH. FL SUBJECT PROPERTY EXISTING ZONING MAP PLANNING do ZONING DEPARTMENT DIGITAL QEI.SE MAP SY57EM MAP REF: S:\Plartning & Zoning~Ol3M5~FIIe-CD6\Z-LM 100i-1500\LM123Dq_Spodok Dental Office MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 24, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE NO.07-11 ITEM BEFORE COMMISSION Approval of Ordinance 07-ll repealing Ordinance 40-10. BACKGROUND The Commission had previously adopted Ordinance 40-10 to provide for a charter change regarding the length of a Commission term and the number of consecutive terms allowed. Ordinance 40-10 was scheduled to be placed on the March 8, 2011 election ballot. The Commission previously repealed the resolution (placing the charter language on the ballot) calling for the special election in light of the fact that it would be the only item on the ballot. Ordinance 07-ll will repeal Ordinance 40-10, if approved. RECOMMENDATION Staff recommends approval of Ordinance 07-ll. ORDINANCE N0.07 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, REPEALING ORDINANCE 40-10 REGARDING PROPOSED CHANGES TO THE DELRAY PEACH CHARTER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Ordinance 40-10 to propose changes to the City Qzarter regarding the length of Commissioner terms and the number of terms; and and WHEREAS, Ordinance 40-10 was to be placed on the ballot for the March 8, 2011 municipal electiony WHEREAS, the March 8, 2011 municipal election is no longer required to elect a Commissioner; and WHEREAS, the City Commission of the City of Delray Peach wishes to repeal Ordinance 40-10 in order to save the cost of holding a municipal election for this one item. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. Ordinance 40-10 is hereby repealed in its entirety. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYO R ATTEST: City Clerk First Reading Second Reading ORD. NO.07-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 24, 2011 SUBJECT: AGENDA ITEM 12.B -REGULAR COMMISSION MEETING OF MARCH 1, 2011 ORDINANCE N0.08-11 ITEM BEFORE COMMISSION City Commission approval on first reading of Ordinance No. 08-ll, Amending Chapter 112, "Alarm Systems". BACKGROUND On January 4, 2011, the City Commission approved Ordinance 44-10, which amended several sections of Chapter 112. Staff is presenting for consideration an amending ordinance changing the renewal date from March 1st to May 1st and some revised language that the Fire Department has requested be added to Section 112.21, Alarm Registration Required; Penalty for Failure to Register, to require registration of previouly installed fire alarms upon notice from the Fire Department rather than after emission of a false/nuisance alarm. RECOMMENDATION Staff is recommending City Commission approval of Ordinance No. 08-ll on first reading and to schedule the same for public hearing and final adoption at the March 15, 2011 regular meeting. ORDINANCE 8-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL PE FILED PY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR PURGLAR/FIRE ALARMS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.21, "Application for Alarm Registration; Reporting Qzanged to Required Information", of the Code of Ordinances of the City of Delray Peach, Florida, is renumbered Section 112.20 and amended as follows: Sec. 112.20. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL. (A) (1) Application for an alarm registration shall be made by a person having control over the properly on which the alarm system is to be operated Such application shall be made in writing to the Director of Community Improvement or his/her designee on a foml designated by the City for that purpose. Neighborhood subdivisions referred to in Section 112.21(E) shall comply with Section 112.20 (P)(2) and (3) and shall provide two (2) emergency contacts for the purpose of complying with Section 112.20 (P)(5). (2) New alarm systems shall be registered for t~nty--five dollars ($25). (3) Each year, by M~k ~ 1, renewal applications shall be filed in order to ensure all information is correct. A fee of thirty dollars ($30) shall be required (P) On such applicationy the application shall set forth (1) The name, address and telephone number of the applicant's properly to be serviced by the alarrry including any business name used for the premises; (2) The name, address and telephone number of the applicant, if different from the properly to be serviced; (3) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any; (4) The date of activation of the alarm system; and (5) Emergency notification The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Deparlrnent or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (S) shall be updated each year and be kept current by the registration holder. The registration holder shall notify the Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.20(A)(3). Failure to renew alarm registration of this Chapter shall result in a late charge of one hundred dollars ($100.00) and if renewal application is not received within sixty (60) days of the renewal date, there shall be limited response by the City`s Police Department. (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Community Improvement or his/her designee shall forward a copy of the application to the Alarm Coordinator. Section 2. That a new Section 112.21, "Alarm Registration Required Penalty for Failure to Register'', of the Code of Ordinances of the City of Delray Seach, Florida, shall be amended to read as follows: Sec. 112.21. ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. (A) (1) All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the time of permit application 2 ORD. N0.8-11 ~ Sur ar Aalann systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. (b) Fire alarm systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon notice from the fire-rescue department. (2) A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation to make application for the registration. If application for an alarm registration is not made within ten (10) days of the notice of violation, the person shall be in violation of this Section and shall result in a late charge of one hundred dollars ($100.00). (S) A registration fee of twenty-five ($25.00) shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm. (C) Applications having more than one alarm system protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. (D) Any alarm registration issued pursuant to this Chapter shall not be transferable or assignable. Any change in ownership or tenancy of residential or commercial property to which an alarm registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored by a private security company located within the subdivision shall pay one registration fee for the entire subdivision. (F) If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex shall obtain an alarm permit for each apartment. All units, whether occupied or not, shall be required to have an alarm permit. Each apartment shall be considered as a separate alarm user. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective upon its passage on second and final reading. 3 ORD. N0.8-11 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. ATTEST: City Clerk MAYOR First Reading Second Reading ORD. N0.8-11