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Agenda Reg 11-20-01City of Delray Regular Tuesday, November 20, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Ce Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 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. The City will furnish auxlhary a~ds and services to afford an individual with a disab~hty an opportunity to parucxpate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event m order for the City to accommodate your request. Adapuve listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. o ROT J. CAT.t., INVOCATION. PLEDGE OF At.t,EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: Regular Meeting - November 6, 2001 Special Meeting - November 13, 2001 PROCLAMATIONS: A. Recognizing and Commending Leon M. Weekes PRESENTATIONS: A. Tennis Center Task Team Recommendations B. History of Community Chat CONSENT AGENDA: City Manager Recommends Approval. RENEWAL OF LEASE AGREEMENT/POLICE SUBSTATION; Approve the renewal of a lease agreement between the City and St. Stephen Limited Partnership for a Police Substation located at 1570 South Federal Highway. The term of the lease is February 10, 2001 through February 10, 2003. AMENDMENT #3 MANAGEMENT AGREEMENT & AMENDMENT ~ LEASE AGREEMENT FOR OLD SCHOOL SOUARE: Approve Amendment #3 to the Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square. The amendments add the new band shell, rest_room and concession building, and covered walkway to the agreements and set forth maintenance responsibilities and ownership. DELRAY BEACH RENMSSANCE PROGRAM SUBSIDY: Approve fund subsidy for one (1) eligible applicant/family in the amount of $18,226.00 for 617 SW 5~h Avenue. This represents 131-homeownership assistance under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). Do DELRAY BEACH HOUSING AUTHORITY: Approve an agreement with the Delray Beach Housing Authority for funding under the FY 2001-2002 Community Development Block Grant (CDBG) Program for the installation and upgrade of walkways throughout the Carver Estates complex and to partner with the City for property acquisition for single family home development. 11-20-01 Fo Ho RESOLUTION NO. 69-01: Approve Resolution No. 69-01 assessing costs for action necessary to abate nuisances on eighteen (18) properties throughout the City. CHANGE ORDER & FINAL PAYMENT/MOTOROLA (800 MHz RADIO SYSTEM): Approve an increase to Purchase Order #585952 to Motorola in the amount of $33,791.93 for the 800 MHz Radio System. Funding is available from 334- 6112-519-63.22 (800 MHz Radio System). CHANGE ORDER #2 & FINAL PAYMENT/MANCON, INC. (BARRIER ISLAND INFRASTRUCTURE IMPROVEMENTS): Approve Change Order #2 to ManCon, Inc. in the amount of $70,683.08 and final payment m the amount of $88,973.10 for the completion of the Barrier Island Infrastructure Improvements. Funding is available from 448-5461-538-65.42 (Barrier Island Storm Drainage). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: J0 Accept the actions and decisxons made by the Land Development Boards for the period of November 6, 2001 through November 16, 2001. AWARD OF BIDS AND CONTRACTS: Bid award to Atlantic Painting & Sandblasting in the amount of $42,010 for repainting of the steel surfaces within Treatment Unit No. 4 at the Water Treatment Plant. Funding is from 442-5178-536-46.90 (W&S Repair & Replacement). Bid award to Duval Ford for the purchase of two (2) Ford Crown Victoria Police Vehicles in the amount of $49,486 under the Florida Sheriff's Association & Florida Association of Counties Bid Specification #1. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). ° Bid award under the Boca Raton Cooperative bid #2000-08 in the amount of $144,177 to American LaFrance Medic Master for a replacement paramedic rescue umt. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). Purchase award to Kemper Insurance for general liability, auto liability and public official's liability insurance with policy limits of $1 million deductible and $5 million excess insurance above the deductible, in the amount of $78,900 for one year. Funding is available from 551-1575-591-45.10 (General Liability). RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ NCF&O, LOCAL 1227: Ratify and approve the Collective Bargaining Agxeement between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, effective October 1, 2001 and continuing in effect through September 30, 2004. -3- 11-20-01 10. 11. REGULAR AGENDA: Ao APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding the Delray Beach Shopping Center (a.k.a. The Antique Mall) blanket sign program. Quasi-Judicial Hearing Bo WAIVER REQUEST/USE OF LOTS OF RECORD: Consider a waiver request to LDR Section 4.1.4(C), which requires the combination of adjoining lots of record which do not individually meet minimum lot requirements for Lot 20, Subdivision of Block 65, Town of Delray, located on the west side of NE 1st Avenue, approximately 282 feet south of NE 4~ Street. Quasi-Judicial Hearing GRANT APPLICATION FOR EMERGENCY MANAGEMENT, PREPAREDNESS & ASSISTANCE COMPETITIVE GRANT: Consider authorization for thc Mayor to execute a grant application document for a $300,000 Emergency Management, Preparedness & Assistance Competitive Grant. Thc grant would achieve compliance with American Red Cross requirements for a hurricane shelter at the City's Community Center. D0 INNER CIRCLE GOLF CLUB REOUEST FOR BLOCK TEE TIMES: Consider a request by members of the Inner Circle Golf Club to change the City's policy and allow block tee times for this group at the Municipal Golf Course. AMENDMENT NO, 1 LUXURY LIMOUSINE SERVICE, INC. Consider approval of Amendment No. 1 to the agreement between the City and Luxury Limousine Service, Inc., in the amount of $6,014.25 for bus transportation service for the Parks & Recreation Deparm~ent. Funding is available from 001-4106-572-34.90 (Other Contractual Services). PUBLIC HEARINGS: A0 ORDINANCE NO. 54-01 (SECOND READING/SECOND PUBLIC HEARING); An ordinance amending Land Development Regulation Section 4.4.280D) and 4.4.13(12)) and (I) to allow multi-family dwelling units at a density greater than thirty (30) units per acre, as a conditional use in the CBD-RC (Central Business District - Railroad Corridor) Zoning District, between NE 2"d Street and NE 3~d Street. 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. -4- 11-20-01 12. 13. FIRST READINGS: ho ORDINANCE 59-01: An ordinance mending the Land Development Regulations Section 2.4.4(F) (Extensions) adding paragraph (4) regarding litigation, which prevents construction. If passed, a public heating will be scheduled for December 4, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -5- 11-20-01 NOVEMBER 6, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 6, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - Assistant City Manager Robert A. Barcinski City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Deputy City Clerk Angela Wong prayer. Reverend Keith Johnson, St. Matthews Episcopal Church delivered the opening 3~ The Pledge of Allegiance to the United States of America was given. AGENDA APPROVAL: Mayor Schmidt stated the applicant has requested that Item 8.B., Subdivision Plat Approval/Culligan, of the Consent Agenda be pulled. Also, Mayor Schmidt pulled Item 8.A., Final Plat Approval/Siemens-Evert Service Campus from the Consent Agenda and moved it to the Regular agenda as Item 9.A.A. because of a conflict of interest. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of October 2, 2001, as presented, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt noted a correction to the third paragraph on page 10 of the minutes of October 16, 2001. The sentence should read as follows: "Mayor Schmidt declared the public hearing open." and the following statement should be deleted: "There being no one from the public who wished to address the Commission, the public hearing was closed." The City Clerk so noted. Mr. Perlman moved to approve the Minutes of the Regular Meeting of October 16, 2001, as corrected, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. Proclaiming November 2001 as "JOEY BERGSMA RETINOBLASTOMA AWARENESS MONTH" Mayor Schmidt read and presented a proclamation hereby proclaiming November 2001 as "Joey Bergsma Retinoblastoma Awareness Month". Para Bergsma (grandmother) came forward to accept the proclamation. PRESENTATIONS: 7oA. Presentation by the South West President's Association Cynthia Ridley, speaking on behalf of Carolyn Gholston, Committee Chairman of the South West President's Association thanked the following individuals for their volunteerism on the day of the Multi-Cultural Festival and presented them with a plaque: Marjorie Ferret, Police Department for Mad Dads, Major McCollum, DDA, Regina Scott for Weed and Seed, Commissioner McCarthy, Commission Perlman, and Commissioner Levinson. 7.B. Employee Suggestion Award to Robert Bullard, Utili.ty Maintenance Manager Dick Hasko, Director of Environmental Services, recognized Robert Bullard, Utility Maintenance for proposing to replace originally installed sludge transfer pumping equipment with a lower maintenance higher efficiency dry pit submersible pump/variable frequency drive (VFD) configuration. Mr. Bullard's suggestion has an annual cost savings of $9,200. Mayor Schrnidt presented Mr. Bullard with a check in the gross amount of $1,842. 7oC. Employee Suggestion Award to Clayton Gilbert, Utili .ty Supervisor Dick Hasko, Director of Environmental Services, recognized Clayton Gilbert, Utility Maintenance Manager for proposing to replace a traditional mechanical process control system with a technologically advanced electric flow control system operable remotely via telemetry. Mr. Gilbert's suggestion will have an annual cost savings of $12,700. Mayor Schmidt presented Mr. Gilbert with a check in the gross amount of $2,548. -2- 11/06/01 7.D. Advisory, Attendance Committee (ABC) Proposed Boundaries for Delray Beach schools for 2002 Janet Meeks, Education Coordinator stated the Advisory Boundary Committee (ABC) for Palm Beach County School District is currently discussing new boundaries for Delray Beach schools for the opening of the school year 2002. Ms. Meeks stated last year staff looked at boundaries for Carver, Orchard View and Plumosa Elementary. One of the concerns, was the re-culturing of the schools. Ms. Meeks stated the Committee came up some different boundary scenarios along with community members. With regard to the boundaries for Carver Middle School, these boundaries are in place this year. The boundary changes for Orchard View and Plumosa Elementary were delayed for one year. The Advisory Boundary Committee (ABC) is currently looking as seven different boundary scenarios for Delray Beach Schools. Two proposals are from the ABC, one from the City of Delray Beach, and one from Boynton Beach, which have been carded over from last year. In addition, three new proposals are under review including two from an individual and one from the District that takes concurrency into consideration. The current boundary proposals under consideration do not include any information on race and are based solely on capacity issues. All of the boundary proposals, except for the Delray Beach proposal eliminates the pockets, which puts us back to the starting point from last year for Orchard View and Plumosa Elementary schools. Banyan Creek boundaries will be changed to provide enrollment relief next year. Ms. Meeks stated in the agenda packet she included the new "Attendance Zone Criteria". This year the Board will only be looking at transportation related issues and feeder patterns. Ms. Meeks explained the feeder system is where there are four or five elementary schools and you feed them into one or two middle schools and then feed them into one high school. Therefore, the children go consistently through elementary school and high school together. Ms. Meeks pointed out that this year they would allow the public to speak before each presentation by staff. Mayor Schmidt stated he still supports what the Commission discussed last year. Ms. Meeks suggested leaving the Delray Beach School boundaries alone this year and loading up the two new schools. Ms. Meeks stated Banyan Creek Elementary School will be affected, but there is no negative impact on the school. Ms. Meeks stated there would be diverse culture because it houses the gifted program. Ms. Meeks stated Pine Grove Elementary School might get thrown into the boundary scenarios. Ms. Meeks stated there was some brief discussion at the last meeting about the possibility of leaving the boundaries in South County. Ms. Meeks stated since there was not much deliberation at the meeting, she is not sure how much support there will be from other ABC members. Mayor Schmidt suggested staff to draft a letter to the Chair of the Advisory Boundary Committee (ABC) for the Palm Beach County School District for his signature on behalf of the Commission. Mayor Schmidt stated if something more formal needs to be prepared at a later date, then this could certainly be done. 11/06/01 Mr. Perlman asked what the timetable is for a final decision? In response, Ms. Meeks stated it depends how long ABC will be deliberating. ABC was trying to bring boundary scenarios before the School Board in December. Ms. Meeks stated considering the number of schools that need to be looked at between Boca, Delray and Boynton Beach the School Board may not get to that point. Ms. Meeks stated the next two scheduled meetings for ABC are November 8th at 6:30 p.m. and November 15th at 6:30 p.m. Lula Butler, Director of Community Improvement, explained one of the reasons why all of the schools are affected is not related to the new schools coming online. Ms. Butler clarified that Delray students are not being sent to the Boynton Beach schools and concurrency is triggering this. Mr. Perlman asked if there has been any input from the parent groups at Orchard View Elementary? In response, Ms. Meeks stated she has not had any specific calls yet. However, Ms. Meeks explained one thing that is being done different this year is district staff is to notify municipal leaders, chairman of education boards and education groups. Ms. Meeks stated a few weeks ago staff had a session with all the principals to notify them about all the boundary scenarios. CONSENT AGENDA: City Manager Recommends Approval. g.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. SUBDMSION PLAT APPROVAL/CULLIGAN: Approve the subdivision plat for Culligan Plat, located on the west side of U.S. Highway No. 1 (southbound), just north of NE 4th Street, which provides for the creation of two lots, and dissolution of a unity of title previously existing between four underlying platted lots. This item has been withdrawn by the applicant. 8.Co RESOLUTION NO. 66-01/ABANDONMENT OF A PORTION OF PALM TRAIL: Approve the abandonment of a portion of Palm Trail, lying approximately 92' south of the centerline of Allen Avenue, adjacent to the east line of Lot 25, and the south half of Lot 26, Block B, Snow Hill Subdivision. The caption of Resolution No. 66-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF PALM TRAIL RIGHT-OF- WAY (ROW) LOCATED APPROXIMATELY 92 FEET SOUTH OF THE CENTERLINE OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. -4- 11/06/01 8.,D. (The official copy of Resolution No. 66-01 is on file in the City Clerk's office.) RESOLUTION NO. 67-01/ABANDONMENT OF UTILITY EASEMENT/VISTA DEL MAR DRIVE: Approve the abandonment of a 5' utility easement within Lot 15, Plat of Delray Beach Esplande, located on the south side of Vista Del Mar Drive and the Intracoastal Waterway. The caption of Resolution No. 67-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE PLAT OF DELRAY BEACH ESPLANADE AS RECORDED IN PLAT BOOK 18, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 67-01 is on file in the City Clerk's office.) 8ogo REQUEST FOR SIDEWALK DEFERRAL/A&V DEVELOPMENT CORPORATION (JASMINE DRIVE): Approve a request from A&V Development Corporation to defer the installation of a sidewalk in front of 3111 Jasmine Drive (Tropic Isles Subdivision). 8.F. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PERMIT & HOLD HARMLESS AGREEMENT/RENAISSANCE VILLAGE: Approve the FDOT Utility Permit & Hold Harmless Agreement between the City and Renaissance Village for work performed within the state right-of-way (northbound Federal Highway south of NE 1 st Street). 8.G. HOLD HARMLESS AGREEMENT/TOWN SQUARE OF DELRAY ASSOCIATION~ INC.: Approve a Hold Harmless Agreement between the City and Town Square of Delray Association, Inc. for the installation of car canopies over parking spaces within an easement located at 75 NE 6th Avenue. 8.H. SURVEY CONSULTING SERVICES AGREEMENTS: Approve the list of firms recommended by the Selection Committee to provide Survey Consulting Services. All agreements are subject to review and approval by the City Attorney. 8.I. INTERLOCAL AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY/ATLANTIC HIGH SCHOOL BALLFIELDS MAINTENANCE: Approve an Interlocal Agreement between the City and the School Board of Palm Beach County for the City's use of the ballfields at Atlantic High School as well as each party's participation regarding the maintenance of the ballfields. 8.,][. AMENDMENT #1 TO THE CLINICAL SERVICES AGREEMENT/DR. RANDALL WOLFF: Approve Amendment #1 to the Clinical Services Unit (CSU) agreement -5- 11/06/01 between the City and Dr. Randall Wolff to provide a place where all City employees may receive routine medical treatment, and the police and fire department employees receive their annual physical exams on site. AMENDMENT gl TO THE CASON COTTAGE LEASE AGREEMENT: Approve Amendment #1 to the lease agreement with the Delray Beach Historical Society to include an additional 1925 historic bungalow style house to be located on the Cason Cottage property. The City will assume responsibility for exterior maintenance only. 8.L. AMENDMENT #3 TO THE LICENSE AGREEMENT WITH DELRAY BEACH ACADEMY/POMPEY PARK FACILITIES: Approve Amendment #3 to the License Agreement with Dekay Beach Academy for use of the facilities at Pompey Park, extending the agreement to June 15, 2002. 8.M. WAIVER OF CONDITION IN CONTRACTS REGARDING BARWICK ROAD SCHOOL SITE: Approve the waiver of condition in several contracts regarding the Barwick Road School Site; that all parcels need to be under contract within 60 days or any party may cancel the contract; providing that the City may continue to secure agreements with others. 8.N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with seven (7) subrecipients (Alpha Time Children's Center, Community Child Care Center, Community Neighborhood Helping, Delray Phoenix, Inc., Fair Housing Center of Greater Palm Beaches, Inc., MAD DADs of Greater Delray Beach and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount of $134,650 from various accounts within the CDBG fund. 8.0. SPECIAL EVENT REQUEST FOR 2nd ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request to hold the 2"d Annual Dclray Beach Thanksgiving Art Fair on November 24th and 25th from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for thc closure of NE 2"d Avenue, from NE 1st Street to NE 4th Street, and to authorize staff support for traffic control and security. 8.P. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request and endorse the Art & Jazz on the Avenue scheduled for December 6th from 6 p.m. to 11 p.m. to grant a tempor~tyh use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7 Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to NE 1 st Street, and NE 2"d Avenue fi.om Atlantic to NE 2nd Street, and to authorize staff support for traffic control, security, set up and clean up. 8'(~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2001 through November 2, 2001. AWARD OF BIDS AND CONTRACTS: -6- 11/06/O 1 1..:. Purchase award in the amount of $206,314.94 to Presidio Corporation, for professional computer services and equipment (backbone infrastructure) to be used in various departments. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519- 64.40 (Backbone Infrastructure). 2._:. Purchase award in the amount of $24,821.85 to Presidio Corporation, for backbone infrastructure management software to be used in connection with the purchase of backbone infrastructure computer equipment. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519-64.11 (Computer Equipment). 3_:. Purchase award in the amount of $25,517 to Electronic Services, Inc., for replacement of Pump N2 variable frequency drive unit located at the north pump station. Funding is available from 442-5178-536-64.90 (R&R-Other Machinery & Equipment). 4_. Purchase award in the amount of $29,295 via the Broward County Co-op agreement #8998 to Safety Equipment Company for the purchase of 135 sets of replacement boots for use by Fire Department personnel. Funding is available from 115-000-248-64.00. 5._: Purchase award in the amount of $38,434.50 to Municipal Equipment Company for the purchase of 146 helmets for use by Fire Department personnel. Funding is available from 001-2313-522-52.22 for $1,350, 001- 2315-526-52.22 for $18,000, and 115-000-248-64.00 for $19,084.50. 6_.:. Purchase award in the amount of $31,132.00 to Dale Carnegie Training for Police Department training courses titled "Leadership Training for Managers" as part of a leadership training program for Command Staff. Funds are available from 115-2124-521-54.30 (Training/Educational Cost), as part of the Local Law Enforcement Block Grant 2001. Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A.A. FINAL PLAT APPROVAL/SIEMENS-EVERT SERVICE CAMPUS: Approve the boundary plat for Siemens-Evert Service Campus, located on the southwest comer of S.W. 4th Street and Swinton Avenue, which provides for dedication of right-of-way on S.W. 3ra Avenue. Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy. Paul Dorling, Planning Director, stated this is a plat that was required as a condition of approval for the conditional use and site plan for the 10,093 square foot dormitory -7- 11/06/01 that was recently approved through SPRAB. Mr. Perlman moved to approve the final plat for Siemens-Evert Service Campus, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice-Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REQUEST/THE ANTIQUE EXPERIENCE: Consider a conditional use request to allow the establishment of an antique mall (bazaar) to be known as The Antique Experience, located at the southeast comer of East Atlantic Avenue and SE 5th Avenue (southbound Federal Highway). Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Angela Wong, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Paul Doffing, Planning Director, entered into the record the Planning and Zoning Department's project files #2001-078 and files # 1999-242. The proposal is to convert the 11,539 square foot retail space to an antique mall, which will contain 25 booths, 182 display cases and a centrally located cashier station. The request also includes construction of a 23 square foot addition on the west side of the first floor and an 840 square foot new floor area interior to the building on the second floor to accommodate an additional display area. Mr. Doffing stated the required findings with respect to Chapter 3 in Section 2.4.5(E)(5)(Conditional Use Finding), are made in the staff report. The request has generated a need for four additional parking spaces and the applicant will be seeking an in-lieu fee for approximately $48,000. Mr. Doffing stated that will be before the Commission when the site plan is processed. At its meeting of October 25, 2001, the Planning and Zoning Board held a public hearing. After discussion the Board voted 4-0 (Pike abstaining and Hasner and Peltzie absent) to recommend approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions as listed in the Planning and Zoning Staff Report. Bradley Miller~ Miller Land Planning Consultants and representinu the aoolicant, stated he would be more than happy to answer any questions the Commission may -8- 11/06/01 have. The City Attorney asked Mr. Miller if he has any questions for Mr. Dorling? Mr. Miller stated they are in full agreement with the Planning and Zoning Staff Report. Mr. Miller stated they have gone to the Parking Advisory Board as well as the Planning and Zoning Board and noted the Board is supporting payment in-lieu of a parking fee. At this point, the City Attomey politely stated that if anyone else from the public would like to speak on this item, they would need to step forward at this time. There being no one else who wished to address the Commission, the quasi-judicial hearing was closed. Discussion by the Commission followed. Mayor Schmidt expressed concern over the narrative in the Planning and Zoning Staff Report, which describes the operation. Mayor Schmidt stated it says, "Four to six employees are anticipated to manage the sales of the antiques and purchases will be controlled at one central cashier location of the first floor of the building." Mayor Schmidt asked staff if that limitation could be placed on the condition of approval because he is concerned with the operation of the business where there may be a lot more dealers coming into the store who would require parking. The City Attorney noted that if the applicant accepts that condition, then it could be added. Mr. Miller stated the parking is based on a square footage standpoint as opposed to the number of employees. The reasoning for the four to six employees is because the applicant would like to control it to avoid the dealers from coming and going. Mr. Miller stated the applicant's intentions are to keep it regulated. Mayor Schmidt stated he does not have a problem will the parking as proposed, but would like to see a limit on the number of employees as set forth in the narrative so that suddenly there is not a change in six months if the concept is not successful. Mayor Schmidt asked that a condition be added to the staff recommendation that there be one centrally located cashier station and no sales from individual booths. He feels this would effectively limit the number of employees. Mrs. Archer asked for clarification whether or not the Parking Management Advisory Board has approved this? In response, Mr. Miller stated that this was approved on October 19th by the Parking Management Advisory Board. Mrs. Archer moved to approve the Conditional Use Request with the additional condition that there be one centrally located cashier station and no sales from individual booths, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE MODIFICATION REQUEST/BETHEL EVANGELICAL CHURCH: Consider a conditional use modification request associated with -9- 11/06/01 the conversion of two single-family residences to administrative maintenance buildings, increasing the sanctuary seating from 204 to 270 seats, and construction of a stabilized sod parking lot for Bethel Evangelical Church, located at the northeast comer of SW 8th Avenue and SW 8th Court. Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial heating, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. The City Attorney politely asked those individuals who wished to speak for or against the modification of the conditional use for Bethel Evangelical Church, to come forward to be sworn in. No one from the public came forward to speak with the exception of Paul Dorling who was previously sworn in. Paul Doffing, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-275. On March 7, 2000, the City Commission approved a conditional use modification request for this site to allow the conversion of two (2) single family residences to administrative and maintenance buildings, increase in sanctuary seating from 204 seats to 270 seats, and construction of a stabilized sod parking lot. The improvements were never built and the conditional use approval subsequently expired. Mr. Dorling stated the request would include the addition of 42 parking spaces to accommodate parking. At its meeting of October 15, 2001, the Planning and Zoning Board held a public hearing and the Board voted 5-0 (Hasner and Peltzie absent) to recommend approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the conditions listed in the Planning and Zoning Staff Report. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve the Conditional Use Modification request subject to the conditions as listed in the Planning and Zoning Staff Report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUEST/PET NANNY: Consider a conditional use request to allow the establishment of a kennel to be known as Pet Nanny within the Park Ten Industrial Complex, located on the south side of SW l0th Street, east of 1-95. Quasi-Judicial Hearing. -10- 11/06/01 Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attomey stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Angela Wong, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-257. The proposal is to estabhsh a pet day care facility (kennel) within a 2,400 square foot Bay of the Park Ten First Addition industrial complex. The bay is located in the middle of the building, immediately south of S.W. 10th Street. Mr. Dorling stated the required findings to Chapter 3 were made in the Planning and Zoning Staff Report except that the retail components are not allowed in the industrial zoning district so as a condition those were removed. One of the primary issues with this type of use is the solid waste issue. There was a discussion in the Planning and Zoning Staff Report relating to areas, which were appropriate for walking of the animals. The applicant proposes areas, which contain under plantings while staff is recommending a sodded area on the east side of S.W. 15th Avenue. At is meeting of October 15, 2001, the Planning and Zoning Board held a public hearing and after discussion the Board voted 5-0 (Hasner and Peltzie absent) to recommend City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the conditions as listed in the Planning and Zoning Staff Report. Candiee Exler~ stated that Arlene Wilson would be an asset to the community because she has organized "Unity Doggie Walk-aothon" and she is in favor of this conditional use request for the establishment of a kennel. Ms. Exler stated Ms. Wilson is a caring person and reiterated that the community will benefit greatly. At this point, Angela Wong, Deputy City Clerk, swore in the following individual: Carol Balls, resident of Delray Beach~ feels this is a great asset for pet owners in Dckay Beach so that you do not have to go to a veterinarian where there are sick animals. Ms. Balls stated that Ms. Wilson took care of her dog while she was out of town and feels she docs a tremendous job. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Discussion by the Commission followed. -11- 11/06/01 Mrs. Archer stated she does not understand why the photo uses are not allowed. Mr. Dorling stated those are considered retail uses, which are not allowed in an industrial district or the LDR's. Mr. Levinson commented that across the street down a couple of lots there is a residential piece of property that the City sold to the Delray Beach Housing Authority. Mr. Levinson stated there were two lots on the south side of S.W. 10th Street, which were going to be residential. Mr. Levinson suggested that in order to create a buffer, the City might want to reconsider this property as residential with the commercial development that is going along the south side of S.W. l0th Street. Mr. Perlman moved to approve the Conditional Use Request to allow the establishment of a kennel to be known as Pet Nanny, subject to the conditions set forth in the Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. PARKING LICENSE AGREEMENT/SOPRA RESTAURANT: Modification to the Parking License Agreement for Sopra Restaurant involving a request for the addition of two (2) parking spaces on the east side of SE 2na Avenue, just south of East Atlantic Avenue, to accommodate the creation of a separate pick-up location. Paul Dorling, Planning Director, stated on April 17, 2001, the City Commission approved a Parking License Agreement with Sopra Restaurant, which included two parking spaces along S.E. 2nd Avenue and a pickup area to the rear of Sopra Restaurant. The applicant is requesting a modification to the agreement to add two additional spaces on the east side of S.E. 2na Avenue to accommodate the creation of a customer pick-up area adjacent to the VFW hall. The current pick-up area would require access via the restaurant or through the parking lot creating some inconvenience and increase the City's liability from increased pedestrian traffic through the Worthing Lot. The proposed area on the east side of the street has sufficient space to accommodate the requested customer pick up area and provides for a more efficient operation. At its meeting of October 23, 2001, the Parking Management Advisory Board considered the request. The Board considered tabling the item until after the restaurant opened to determine if the modification was needed. After a lengthy discussion, the Board unanimously recommended denial of the request. Mrs. Archer stated the City has been trying to encourage parking queues off Atlantic Avenue for some time and she is inclined to approving this request. However, Mrs. Archer stated there are very few veterans that do use the VFW post. Mrs. Archer stated she would like to see some arrangement made that on the nights the veterans use the VFW facilities, that they be able to park for very little money or park at no cost at all. Mrs. Archer stated the veterans should be honored and feels they are not in a position to pay $5.00 for a parking space. Mrs. Archer stated she would like to entertain this at a later date only after the traffic volume is reviewed. -12- 11/06/01 Mr. Levinson commented that at this point he does not see the need to make a change and cannot support this modification in its concept. Mr. Levinson stated a deal was made with regard to the pick-up and drop-off area and suggested that if the Commission were to find some real issues in six months from now, then at that time the Commission could revisit this item. Mr. Levinson reiterated that an agreement was made with regard to the customer pick-up and drop-off area and feels this should remain as is. Mr. Perlman moved to deny the modification to the Parking License Agreement for Sopra Restaurant for the addition of two parking spaces, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to deny the modification passed with a 5 to 0 vote. 9.E. BID AWARD/COLONNA CONSTRUCTION COMPANY~ INC.: Consider approval of a contract award to second lowest bidder, Colonna Construction Company, Inc. in the mount of $139,770 for the Community Improvement Sidewalk Project. Funding is available from 118-1965-554-63.11 (Bikepaths/Sidewalks). Dick Hasko, Director of Environmental Services, stated this is to request Commission approval of a contract award in the amount of $139,770.00 to Colonna Construction Company, Inc. for the Community Improvement Sidewalk Project. The lowest bidder was ARZ Builders, Inc. at $126,150.00. However, after checking the references provided by ARZ Builders, Inc., staff found a majority of the comments to be less than favorable. Therefore, staff is recommending Colonna Construction Company, Inc. as the lowest, responsible bid. Mr. Perlman suggested that there be a way to pre-qualify the bidders. Mr. Hasko stated there are certain legal obligations that must be followed through the bid process and suggested that staff work with the City Attorney regarding the concems expressed by the Commission regarding the bid process. The City Attorney stated the Purchasing Department is currently gathering information from other entities. Mr. Perlman moved to approve the bid award to Colonna Construction Company, Inc. (second lowest bidder) in the amount of $139,770.00 for the Community Improvement Sidewalk Project, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman- Yes; Mrs. Archer - Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulation Section 4.4.28(D) and 4.4.13(D) and (I) -13- 11/06/01 to allow multi-family dwelling units at a density greater than thirty (30) units per acre, as a conditional use in the CBD-RC (Central Business District - Railroad Corridor) zoning district, between NE 2nd Street and NE 3rd Street. If passed, a Public Hearing will be held on November 20, 2001. (Ordinance No. 54-01 was tabled on October 2, 2001 to a date certain of November 6, 2001, subject to review of the Pineapple Grove Design Guidelines). Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", PARAGRAPH (15); AND SUB-SUBSECTION (I) "PERFORMANCE STANDARDS", PARAGRAPH (1), TO CLARIFY WHERE RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS A CONDITIONAL USE; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (5), TO ALLOW MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE WEST OF THE FEC RAILROAD BETWEEN N.E. 2~qD STREET AND N.E. 3Rn STREET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. In addition, the City Attorney commented that because this is an amendment to LDR's, there is not a need for a quasi-judicial hearing as it states in the agenda. However, a second public hearing will be held on November 20, 2001. Paul Dorling~ Planning Director~ stated the request is to allow densities in excess of 30 units per acre as a conditional use in the CBD-RC zoning district west of the FEC Railroad between N.E. 2nd and N.E. 3ra Street. This area currently allows units or densities over 30 units to the acre through the conditional use process and this would extend it, if approved. Pursuant to LDR Section 2.4.5(M)(5) the Commission must make a finding that the text amendment is consistent with and furthers the goals and objectives of the policies of the -14- 11/06/01 Comprehensive Plan. The Housing Element of the Comprehensive Plan addresses this issue and states that "one of the most important objectives of the City's overall housing policy is establishment of housing in the downtown area." In Housing Element Policy B.2.6, it further states and acknowledges that "housing near and in the downtown area in close proximity to employment opportunities and services is a critical need." Mr. Dorling stated Housing Element Policy B.3.4 states that "the City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business District regulations to determine if there are significant regulatory impediments to the development of residential uses in the downtown and will process the amendments necessary to eliminate them." The City Commission in 1998 adopted the Pineapple Grove Main Street's Neighborhood Plan for the area. The Plan identifies properties between N.E. 2nd and 3rd Streets as potential locations for densities in excess of 30 units per acre. The Neighborhood Plan states that "plans general intent is to afford Pineapple Grove Way the same opportunities as Atlantic Avenue by giving Pineapple Grove the same zoning tools. Allowing this type of density in the CBD-RC as a conditional use would achieve this." Staff has met with Pineapple Grove representatives and after reviewing the current development standards, the performance standards, and the development review process, there was consensus that the existing performance standards sufficiently addressed their concerns. The Planning and Zoning Board have added language to the ordinance that requires Pineapple Grove Design Committee review of the proposal for consistency with the Pineapple Grove Plan and the performance standards prior to consideration of this request. A letter of support from Pineapple Grove is attached with your staff backup. This request was before Pineapple Grove Executive Board on September 10th, the CRA on September 13th, and the DDA on September 19th and all of those groups recommended approval. Given the consistency with the Comprehensive Plan and the adopted Pineapple Grove Neighborhood Plan, staff is recommending approval of this request. Mayor Schmidt declared the public hearing open. The following individuals came forward to speak on the proposed amendment: John Corbett, Attorney with Corbett & White and representing the ai~plicant, stated this text change is not automatically increased density and a conditional use must be approved before that occurs. It's also not a request to approve a specific project. It only allows us to come forward with a specific project in the future. Under the City's Code the applicant could not present a specific project unless the Commission approves this amendment. This request is necessary in order to build an apartment project at this location. Pineapple Grove Main Street, the CRA, the DDA all agree that an apartment development is desirable at this location and support this change. The change is consistent with the City's Comprehensive Plan, as staff has already detailed. Mr. Corbett addressed a couple of the issues that were raised by neighbors at the last Commission hearing. First, there was a concern that the Pineapple Grove Design Guidelines would not be applied to the proposed project. The new language added to the proposed ordinance addresses this concern. Mr. Corbett stated he would also like to address traffic concerns. There continues to be a concern raised regarding potential traffic impacts resulting from this amendment. The real traffic issue is how many trips will be generated from various types of development. The staff has done an analysis, which is contained in the staff -15- 11/06/O 1 report. One of staff's conclusions was that retail redevelopment would triple the traffic that 150 unit apartment project would generate for this site. Mr. Corbett distributed a Kimley-Horn Traffic Analysis that compares trip generation rates for residential, existing retail, and office. Mr. Corbett stated they looked at 114 units which is 6 units an acre, which is the most he believes could occur on this portion of the project site that is covered by the amendment due to height limitations and other site constraints. We compared that traffic to the traffic generated by the existing retail and it would be generated by office redevelopment of the site at a .75 FAR which is the same number staff used. As you can see from the letter in Table 1 in the analysis, the analysis indicates that residential development generates fewer trips than either proposed office development or the existing retail square footage. Therefore, it is clear that a project built under this proposed Code change would result in less traffic than any other use that is likely to occur on this property under the City's existing codes. As we promised at the last Commission meeting, there were two meetings with the Del-Ida Neighborhood Association. The first meeting was with Sarah Greeley and Representative Anne Gannon. The second was with the association. Mr. Corbett stated many of the concerns have been addressed with regard to the revisions of the ordinance language and we will continue to work with the association to make sure their input and concerns are part of the overall project design. Mr. Corbett stated the applicant would like the opportunity to bring forward an apartment project for this location. However, without the Code change, that would not be possible. Mr. Corbett stated if the Commission agrees with the Pineapple Grove Main Street, the CRA, and the DDA, that apartment development is desirable at this location, he encouraged the Commission to approve this amendment. Gail Lee McDermott, 721 S.E. 3ra Avenue and President of Osceola Park~ stated she understands that Delray Beach must have a certain amount of greater density. However, she urged the Commission to be careful about how much density is allowed. Sarah Greele¥~ 109 Dixie Boulevard, speaking here tonight for the Del-Ida Park Neighborhood Association, stated for the record, she would like to issue an apology to the Director of Planning, Paul Dorling, who she apparently demoted in two recent letters by referring to him as Senior Planner. The Del-Ida Park Neighborhood Association has consistently supported downtown development. However, Ms. Greeley stated the Del-Ida Park Neighborhood Association cannot support requests for blind approval of significant planning language changes in our Comprehensive Plans, regulations, and ordinances without a thorough analysis of the short and long term issues and the very real implications of what those changes will bring. Ms. Greeley questioned whether we must rush the process and throw ourselves heedlessly into this current developmental frenzy at the expense of reasoned and deliberate dialogue? Ms. Greeley stated no project should be considered in isolation but rather in terms of how its existence will impact others (other language, other projects, other streets, and other neighborhoods). Reasonable growth, density, crime, traffic, environmental impact, emergency management, precedent, architectural homogeneity, scale, and height are not just words but very real issues at risk. Do we wish to sacrifice our integrity and that of our City to dollars and developers? With recent consideration, the development of Delray Beach will not be a sacrifice; with abandon, it may. John Tallentire~ 11 N.E. 6th Street, stated Historic Districts are created to preserve the character and history of a district. Mr. Tallentire stated any time the height of a -16- 11/06/01 building height is increased, it destroys part of the character of a district. Mr. Tallentire stated any time density is increased, a part of the character of a district is destroyed and any time setbacks are reduced, part of the character of a district is destroyed. In conclusion, Mr. Tallentire stated the highest and best use of any property within a historic district is to preserve character and history of that district. Aldo Conigliaro, President of Pineapple Grove~ stated he understands the concerns of the people in the neighborhood but docs not understand why anyone would bc opposed to this project. Mr. Conigliaro stated if a developer has thc guts and thc nerve to build an incredible project like this along the FEC Raikoad rather than building industrial property, hc does not sec any negativity to it. Hc feels that maybe a compromise in density would be appropriate in order to allow this project to go forth and to make it a user-friendly project. Mr. Conigliaro stated Delray is in desperate need of people living downtown and he is 100 percent in support of this project. Diane Dominguez, Director of the Communi ,ty Redevelopment Agency~ stated the CRA supports the Code amendment. Ms. Dominguez stated the changes that were made recently have addressed a lot of the concerns expressed at the last meeting regarding open space and height and stated these are covered under the existing Codes. Concerns regarding the Pineapple Grove Design Guidelines and the ability of Pineapple Grove to have significant input into this project with the changes that were made since the last hearing have also been addressed. Ms. Dominguez feels relatively sure that this project will end up being a really nice asset to the area and there will be ample opportunities for public input as its being developed and being proposed. Ms. Dominguez stated the CRA not only supports this project, but also feels the project will be a great boost to economy and Pineapple Grove. Toni Deifiandra~ 14 Dixie Boulevard~ stated she is a sole proprietor the downtown. Ms. Delfiandra stated she use to be able to drive from her house to her office without much difficulty. Ms. Delfiandra stated now she must go out to Federal Highway and go around the entire area to get there. Ms. Delfriandra stated her son goes to Trinity and asked the Commission if they have ever tried to go down N.E. 2nd Avenue at 3:00 in the afternoon? She commented that this is not an easy manner. Ms. Delfiandra stated that a certain level of residential would be better than high density. She urged the Commission to use common sense in the number of multiple family units that are built in this area so that it does not affect the quality of life for the residents of Delray. John Bennett~ speaking on behalf of Progressive Residents of Delra¥~ stated the last time this was before the Commission, he pointed to the past arguments regarding density and suggested that there be a cap on density. Mr. Bennett stated by placing a cap on density would not guarantee good design. Mr. Bennett read into the record a quote from the Executive Director of the Treasure Coast Planning Council. The existing performance standards had the result of producing "the worst thing we've seen in a long time". The other point he made that's relevant is he suggested that we not plan our City one project at a time. Mr. Bennett stated PROD has a plan that calls for increased densities in this area, which they support. However, the problem is how increased? Mr. Bennett stated he has some problems with calling downtown DeLray an urban area but that's what they want to do to the central business district core that -17- 11/06~01 already has the uncapped density. Mr. Bennett stated it would be appropriate to cap the density here as an intermediate stage between the central core and the residential area two blocks to the north. In addition, Mr. Bennett stated that there was a cap placed on density for West Atlantic Avenue. Mr. Bennett suggested that the Commission cap the density at 45 units an acre. Carolyn Zimmerman, 212 S.W. 2nd Avenue, expressed concern over the density throughout Delray and inquired as to why there is so much density. Ms. Zimmerman stated it appears that residents in this area are concerned about too much density. She feels developers should not be allowed to decide what we're going to have in our town. There being no one else from the public who wished to address the Commission regarding Ordinance No. 54-01, the public heating was closed. Discussion by the Commission followed. Mr. Levinson stated last month he suggested that we see the project before making any final decisions but to go ahead and allow the increase. Mr. Levinson stated Ms. Greeley listed a full variety of things that need to be considered in the conditional use process in evaluating any proposal. Mr. Levinson stated he would continue to support staff's recommendation and use the conditional approval process as it is intended just like the City does in other areas of the Central Business District (CBD). Mr. Levinson stated it's unfortunate to condemn someone's design, density, height, and setbacks when we do not know what they are. Therefore, Mr. Levinson stated he would support staff's recommendation. Mr. Perlman stated this is just allowing the City to consider something and commented that the idea of downtown housing has not just sprung up. Mr. Perlman feels it would be irresponsible not to at least entertain this. Mr. Perlman stated he is receiving calls from people who are concerned about chain stores coming into the downtown. He feels the key to maintaining our ambiance and the key to maintaining a successful downtown is to have the residential component downtown. Mr. Perlman feels this will allow the "mom and pops" to hopefully continue to succeed. Mr. Perlman stated $2 million was recently put into beautifying Pineapple Grove and the City is now starting to see the fruits of that investment. Mr. Perlman stated the City needs projects like Creations, etc. in order to bring people to the area and wholeheartedly supports this amendment. Ms. McCarthy stated she would like to inform those people who came forward from the Del-Ida Park Neighborhood that the Commission has heard them and has been listening to them. Ms. McCarthy stated she does not believe that the Commission is "knee jerking" or just responding to a particular developer. With regard to the Visions plans, Ms. McCarthy stated the Commission attended sessions and they felt there should be residential downtown. Ms. McCarthy stated another concern that was mentioned was that the design is very imperative. Ms. McCarthy stated the City is being confronted with situations because we're not being progressive in making changes, as they are necessary to be made. Ms. McCarthy stated she is in favor of this ordinance and would like all citizens to know that as the plans come forward, the Commission will watch, listen, and keep their eyes open. -18- 11/06/01 Mrs. Archer commented that she concurs with everything that has been said. Mrs. Archer stated she feels it is far more important to have residential development then it is to have industrial and would like to see the City limit what retail and industrial uses could take place in that area. Mrs. Archer feels the space along the railroad tracks is very well suited to a residential use if the City can get people to develop it. However, Mrs. Archer would like to see some limits placed on the density. She feels this particular amendment is necessary in order to encourage developers to come to us with criteria, with designs, which they think may be appropriate under our existing guidelines and LDR's and ordinances. Mrs. Archer stated she does not want to get into a situation that simply, because a developer brings to us or an architect brings to us a building that meets all of the requirements, that we're in a position to feel that we have to accept it. Mrs. Archer stated she would like to establish some hard, fast, architectural guidelines and would like very much to see them developed for the Pineapple Grove area and keeping this in mind, she would approve this amendment. However, she urged the Commission to be very careful with how they proceed. Mrs. Archer stated last time this came up, she felt it was very important that the City have reduced densities as we move into the residential areas and would also like to see as much limited impact that can be provided to the surrounding residential areas. Mr. Levinson moved to approve Ordinance No. 54-01 on FIRST Reading/FIRST Public Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. Ci.ty Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Smith concerning height of buildings in the downtown area, the City Manager stated the Downtown Delray Beach Master Plan refers to encouraging development at an appropriate scale. The summary report indicates that three stories are an ideal height and four stories are the maximum desired height. The City Manager stated restriction to a maximum of three stories would be inconsistent with this plan. Further removing the existing development potential raises concerns with respect to the Butt Harris Act, which could result in property owners seeking compensation for lost development potential. Height downtown was not specifically addressed through the Charrette process. There was a general consensus that the current height restriction of 48-feet was appropriate. Secondly, in response to a concern expressed by Mr. Bennett regarding the Planning Department's ability to carry on with both current and long range planning and with the parking requirements for an outdoor dining area, the City Manager stated the Planning and Zoning Department is undertaking long range planning projects in conjunction with the day-to- day work. The City Manager stated revisions to the Code are being processed and the City Commission has passed several Land Development Regulation revisions that require immediate action in the past few months. The proposed 750 square feet of outdoor dining area referred to in the comments of October 16th related to the Old Calypso Restaurant on the Intracoastal. While three parking spaces appear to be inadequate proceeding of forty, the City Manager stated it is -19- 11/06/01 important to note that the restaurant is part of a larger shopping complex as such the shopping center rate of four spaces per 1,000 square feet applies. This reduced rate of assumed shared parking, as is the case with the retail-parking peak during the day and the restaurant-parking peak during the evening. Furthermore, the City Manager stated the parking requirement is based on gross four spaces, which includes areas like bathrooms, kitchens, and so forth that do not generate seats yet are included in the parking space calculation. With regard to a comment expressed by Mr. Gray about the Citrus Canker signs located in Delray Shores, the City Manager stated the signs were removed on October 19th. ll.B. From the Public. ll.B.1. Carolyn Zimmerman, 212. S.W. 2nd Avenue, reminded the Commission that there will be "A Walk for Unity" on Sunday, November 11, 2001. Ms. Zimmerman stated people would be coming from four directions of the City and end at the tennis center. Ms. Zimmerman stated a group called "Community Chat" is a group of citizens who are trying to solve some of the problems in Delray. Ms. Zimmerman explained there is big problem with children from Haitian families fighting with the American children, and explained this event is being done in an effort to help bring the community together. Ms. Zimmerman stated they are getting help from Ms. McCarthy and announced that Mayor Schmidt will be speaking and encouraged the rest of the Commission and citizens to attend. She feels it is very important that something is done with children while they are young to help stop them from becoming violent when they reach adulthood. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard, stated he would like the Commission to image the following scenario that perhaps their neighbor started a valet parking service in front of the swale of their home without asking them. Mr. Smith stated he feels the Commission needs to consider this to get approval when those items are addressed. Mr. Smith commented about the bidder who left the Commission meeting very upset and feels the Commission owes him the courtesy of an apology. 11.B.3. Byron Thayer, 3589 Hunt Road, speaking as a Veteran and a City employee, he feels it is despicable and unimaginable that Delray Beach does not honor their veterans and employees by having Veteran's Day off (a copy of Mr. Thayer's letter is attached hereto and made an official part of the minutes). Comparatively speaking, Mr. Thayer stated County employees enjoy the Friday after Thanksgiving, Veteran's Day, Columbus Day, a whole day before Christmas Eve, and two floating holidays. Mr. Thayer stated that Delray is two days behind all other municipalities. He stated there is a serious disparity in benefits between the union and non-union employees that need to be addressed. Mr. Thayer feels employees should not have to give up or trade any other day in order to have Veteran's Day off. Mr. Thayer stated that City finance officials estimate that it costs $156,000 to run the City and feels it would cost that whether employees are working or not working. Mr. Thayer suggested the City hold a parade on Veteran's Day to help bring in revenue. -20- 11/06/01 ll.B.4. Scott Schlev, Commander of American Legion Post #65 Delray Beach, distributed a proclamation signed in 1966 by Al. C. Avery, a former Dclray Beach Mayor. Mr. Schley announced that there would bca Veterans' Day Service held at thc Delray Beach Memorial Gardens at 9:00 a.m. and a service at Veteran's Park at 11:00 a.m. Mr. Schley encouraged everyone to attend these services. ll.B.5. Jeff Zarch, 5310 Las Verdes Circle, stated he has been an employee with the City for approximately thirteen years in the Parks and Recreation division. Mr. Zarch stated he too is a veteran and concurs with Mr. Thayer about the fact that City employee veterans and non- veterans would like a chance to pause and honor those who gave their all. Mr. Zarch stated this is the All America City and feels the City should honor our military people (past, present, and future). ll.B.6. Herbert W. Coman Jr., President of the Inner Circle Golf Club and resident of Delray Beach, stated he is here this evening to appeal to the Commission about getting tee times for the Inner Circle Golf Club (a copy is attached hereto and made an official part of the minutes), Mr. Coman stated the Inner Circle Golf Club was inaugurated in 1952 and is now celebrating its 50th alLrliVeTsary. During the season, Mr. Coman stated the range of golfers would range from four to seven foursomes for a total of 16-28 golfers. Mr. Coman stated the Inner Circle Golf Club is a walking golf club with their golf days being Mondays and Fridays with the allotted times of 6:53-8:03 a.m., which is shared with the entire public. Mr. Coman stated this allotted time does not allow 11 foursomes to golf, which is a total of 44 golfers. Mr. Coman suggested that the Inner Circle Golf Club be granted set tee times as they always had in the past until the changing of the operation of the golf course. Mr. Coman stated that the Inner Circle Golf Club urges the Commission to support the Inner Circle Golf Club in restoring the past tee times. ll.B.7. William M. Chwalik 535 N.W. 4th Avenue, distributed a letter (a copy is attached hereto and made an official part of the minutes) the Commission addressing similar concerns expressed by Mr. Coman. Mr. Chwalik stated he has been golfing for many years and this year joined the Inner Circle Golf Club. Mr. Chwalik stated that in many instances, non- residents are given preferential treatment and feel the City should support the residents who use the course year round. During season, Mr. Chwalik stated it is difficult to get on a course to do their tournaments and suggested that the Commission look into adding more tee times. ll.B.8. Dan Burns~ 1036 Bucida Road, expressed concern over the construction along Linton Boulevard and feels the City should work more closely with FDOT when the southbound side of Linton Boulevard is closed. Mr. Bums urged the Commission to work with FDOT to try and keep it two lanes versus one lane. Secondly, Mr. Bums stated on the Linton Boulevard bridge over the Intracoastal there are several sand bags on each side of the draw bridge that have been there for some time. Mr. Bums stated these sandbags were being used to hold down signs and commented that the signs have been removed, but the sandbags are still there. Mr. Bums politely asked the City Manager to delegate someone to clean up the bridge. -21- 11/06/01 Mr. Bums stated as you turn into Wendy's west of Dixie Highway near the railroad tracks, there is a cement divider that has weeds growing up too high all the way around it. Mr. Bums feels this is an eye sore and urged the Commission to have someone look into this matter. With regard to the Veterans, Mr. Bums feels they deserve everything in the world we can give them. Mr. Bums stated although he feels it would be nice to give Veterans the day off, he feels the City needs to look at its budget for things that could be coming up in the near future. Mr. Bums reiterated that the City should watch how it spends money first. At this point, the Commission returned to Item 9.F. of the Regular Agenda. 9.F. ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00 p.m., as recommended by the Parking Management Advisory Board. Paul Dorling, Planning Director, stated on June 5th the Sandoway lot closing time was before the Commission and at that time, the Commission recommended that the closing time be extended from 8:00 p.m. to 9:00 p.m., on a trial basis. The Parks and Recreation's Park Rangers have monitored the Sandoway Lot in the evenings (approximately 9:30 p.m. in May and June) and approximately 8:30 p.m. thereafter. The number of cars parked during May (45) and June (51) were reduced given the 9:30 p.m. time of the original survey. The change to the 8:30 p.m. count documents a considerable increase in utilization in July at 72 and the month's of August and September accommodating 102 and 108 vehicles respectively. Utilization in the month of October appears to have declined at 35, however this does not include a total of 9 days, including 3 Saturdays. At its meeting of October 23, 2001, the Parking Management Advisory Board voted 7-1 (Dahlem opposed/Onnen and Costin absent) to recommend approval to establish 9:00 p.m. as the official closing time for the Sandoway Lot. Discussion by the Commission ensued. Mayor Schmidt stated that he is a little hesitant to make a permanent change at this point because the change was initially made at the request of some residents for the summer months. Mayor Schmidt commented whether the lot would be utilized at the same extent now due to the fact that it is getting dark at 6:00 p.m. as opposed to 8:30 p.m. Before a decision is made, Mayor Schmidt stated he would like to extend the trial period and monitor the parking for two or three months during the season because he feels there will continue to be a drop-off in parking. Mrs. Archer stated she has had very strong feelings about this issue because she feels it is important that we provide all opportunities for our citizens to park, if possible. However, Mrs. Archer stated she attended the Parking Management Advisory Board Meetings and has reviewed the research from staff. Mrs. Archer explained the problem she has is she does -22- 11/06/01 not see the numbers holding up in usage and she does not live there. Mrs. Archer stated she has met with some of the residents who do live there and they do not want Sandoway Park open until 9:00 p.m., especially on a permanent basis. In this case, Mrs. Archer stated she needs to support the residents in this area. Therefore, Mrs. Archer stated she cannot support the permanent opening of Sandoway Park until 9:00 p.m. at this time. Mr. Levinson stated if he's not mistaken the closing time was going to be extended until dusk, not 8:00 p.m. and the problem the Commission had was dusk was a moving target. Mr. Levinson supports having a fixed time regardless of whether it is 8:00 p.m., 9:00 p.m., 7:00 p.m., or 6:30 p.m. Mr. Levinson stated he does not feel it is an imposition to the neighbors to keep the Sandoway Parking open. Mr. Levinson stated he would have more of a problem if the lot were heavily used until 9:00 p.m. because he feels the neighbors are potentially put in a more volatile position. Mr. Levinson reiterated that he does not see this as an imposition on the neighborhood and feels it would be helpful for those people who are utilizing the lot. Mr. Levinson stated he could support an extension through the season to see how it goes and at that time draw a conclusion. Ms. McCarthy stated she received correspondence regarding this issue and commented that it has given her a chance to think about this from a different perspective. At this time, Ms. McCarthy stated she is not in favor of doing this on permanent basis and feels that any time something is done during the summer period it does not really give a clear picture. So far, as the need for parking is different in different areas of the City, Ms. McCarthy stated she would rather see that the City extends the closing time for a temporary period of time. Mr. Perlman stated he feels that 9:00 p.m. was a reasonable hour but he could support extending the trial period a couple more months. Mrs. Archer asked whether Mr. Perlman is suggesting three months? In response, Mr. Perlman suggested extending the trial period for three months. It was the consensus of the Commission to support extending the Sandoway Parking Lot closing time from 8:00 p.m. to 9:00 p.m. on a trial basis for three months and review it at the Regular City Commission Meeting of February 5, 2002. Mr. Levinson and Ms. McCarthy expressed concern over the January numbers and asked if these numbers would be ready for the February 5th meeting? In response, Scott Aronson, Parking Management Specialist, stated most of the numbers would be ready. Mr. Aronson stated this is based on the time that the reports need to be prepared prior to the meetings and we could loose three or four days. Mr. Perlman moved to extend the Sandoway Parking Lot closing time from 8:00 p.m. to 9:00 p.m. on a trial basis and review it at the February 5, 2001 City Commission Meeting, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -23- 11/06/01 9.G. RATIFICATION OF THE WEST ATLANTIC AVENUE REDEVELOPMENT COALITION (Vt'ARC) APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Evelyn Dobson as the West Atlantic Redevelopment Coalition (WARC) Board's representative on the Parking Management Advisory Board for a term ending September 1, 2004. Ms. McCarthy moved to approve and ratify the appointment of Evelyn Dobson as the West Atlantic Avenue Redevelopment Coalition representative to the Parking Management Advisory Board for a three year term ending September 1, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oHo RESOLUTION 68-01/DESIGNATION IN THE FLORIDA RETIREMENT SYSTEM (FRS) OPTION: Consider the designation of the City Commission for inclusion in the Elected Officers' Class of the Florida Retirement System, as per amended Florida State Statute, Section 121.052(3)(e), effective July 1, 2001. The caption of Resolution No. 68-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING AND DESIGNATING THE INCLUSION OF THE MAYOR AND CITY COMMISSIONERS IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM. (The official copy of Resolution No. 68-01 is on file in the City Clerk's office.) The City Attorney stated this is before the Commission mainly because there are some time frames earlier than the December date for a decision as to whether or not they would like to participate in the Florida Retirement System as elected officials. Ms. McCarthy asked what expense the City would incur if this became a reality? In response, the City Manager stated the City would incur approximately $3,600 a year. Ms. McCarthy inquired about the cost of credit. The City Attorney stated there is an ability to buy into it. For example, if someone has been on the Commission for a few years, money can be put in to cover those past years of service as an elected official. Ms. McCarthy asked if past elected officials could participate also? In response, the City Attorney stated this is for elected officials who are currently sitting. The City Attorney further explained that this would be considered an additional benefit because the City would be contributing money on behalf of a Commissioner. Ms. McCarthy stated Progressive Residents of Delray (PROD) feels this should be put in an ordinance form similar to when pay which allows this, permits this to be enacted by resolution or ordinance. A resolution requires one reading versus an ordinance, which requires two readings. Further discussion followed between the City Attorney, the City Manager and the City Commission. -24- 11/06/01 Mr. Perlman moved to deny Resolution No. 68-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to deny passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE 58-01: An ordinance amending the Land Development Regulations Section 2.2.6(B)(2) regarding the composition of and special qualifications for the Historic Preservation Board. If passed, a public hearing will be scheduled for November 20, 2001. The City Manager presented Ordinance No. 58-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (B), "COMPOSITION AND SPECIAL QUALIFICATIONS", TO PROVIDE ADDITIONAL QUALIFICATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-01 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. Paul Dorling, Planning Director, stated this amendment was initiated by the Historic Preservation Board to ensure that the composition of future Boards will have the qualified persons necessary to make well founded opinions about design and construction matters. The current language does not ensure that the architecture and construction disciplines are represented. Experience has shown that the majority of decisions the Board makes are related to the appropriateness of design and frequently involve the evaluation of building materials and construction methods. At its meeting on October 3, 2001, the Historic Preservation Board voted 5-2 to recommended approval. At its meeting of October 15, 2001, the Planning and Zoning Board voted 5-0 to recommended approval. Mayor Schmidt commented that some Boards are difficult to fill and inquired as to whether or not staff is getting enough applicants between the Site Plan Review Board and Historic Preservation Board and are going to be able to get the architects and landscape architects that the City would need? In response, Mr. Dorling stated this was generated by the -25- 11/06/01 last appointments and stated there were applicants that were architects that could have fill those positions, but other applicants were appointed. Mr. Levinson commented that he was surprised that often architects had what appeared to be appropriate designs. Mr. Levinson stated because there may have already been an architect or a landscape engineer on the Board, often times their plans were recrafted in what he believes was that particular Board members architectural preference as opposed to what is acceptable. Furthermore, Mr. Levinson stated he has no problem with adding the words "when possible" to this ordinance. However, Mr. Levinson feels it would be a mistake to make it an absolute requirement because the City may end up with less qualified applicants. Ms. McCarthy asked if the Historic Preservation Board is responsible for every historic designated area in the City? In response, Mr. Dorling stated HPB serves like SPRAB would serve for projects within each historic district. Mr. Dorling stated HPB has the SPRAB function within the district and they also have preview over individual listed properties, which may be outside districts. Mrs. Archer stated she feels more comfortable with having two positions as a requirement. Mrs. Archer feels it would be an excellent idea to have someone in the construction industry, but it does not necessarily feel that the person should be an architect. Mrs. Archer reiterated that she would like to the requirement limited to two positions and the other positions to the community-at-large with preference given to someone in the construction industry. Mr. Perlman commented that he would not support this ordinance. Mr. Perlman stated he prefers that the Commission have discretion and that there be a level of trust that the Commission will appoint people who will be able to do the job. Mr. Perlman stated he is uncomfortable that an applicant by default could be appointed and feels the Commission needs some kind of latitude. Mr. Perlman moved to deny Ordinance No. 58-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny Ordinance No. 58-01 passed with a 4 to 1 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. CiW Manaeer. The City Manager stated at the last meeting of the Palm Beach County League of Cities, all the existing representatives, including our Mayor, were reappointed to the Treasure Coast Regional Planning Council. The City Manager stated Robert Blomquist, Mayor of Juno Beach, who is a retired Police Officer, was appointed to the Criminal Justice Commissioner to represent the League of Cities. Secondly, the City Manager stated he will be going to Ocala tomorrow to speak at a symposium sponsored by the Public Policy Institute at the Junior College to talk about building a strong urban core because they admire what has been done in Delray Beach. -26- 11/06/01 13.B. Ci.ty Attorney. The City Attorney stated staff has the opportunity to go to mediation in the Hotel Vista Del Mar case. It was the consensus of the Commission to give direction to the City Attorney to go to mediation in the referenced case. 13.C. 13.C.1. Ci,ty Commission. Commissioner Levinson Mr. Levinson extended his appreciation and thanks to the Fire Department for their participation on Halloween night and feels it was great public relations for the City. 13.C.2. Commissioner McCarthy Ms. McCarthy echoed comments expressed by Mr. Levinson and feels the Fire Department should do it again next year. Secondly, Ms. McCarthy stated she saw part of the Palm Beach County Commission Meeting on television and feels it was pretty neat that they used the City of Delray Beach as an example. Ms. McCarthy invited everyone to come to the "Walk for Unity" event which starts at 2:00 p.m. at the four different locations and there will be an actual program that will take place at the tennis center at 3:00 p.m. Ms. McCarthy stated a few Commissioners went to a fundraiser organization and breakfast and there was discussion about whether the Commission would entertain putting a team together for a worthy cause. Ms. McCarthy thanked those who participated in the Palm Beach County Black Elected Officials Gala and feels it was very well attended. Ms. McCarthy stated they are waiting to get the official word that maybe Delray Beach can be the host of it next year. 13.C.3. Mayor Schmidt Mayor Schmidt stated at the joint session with the CRA, the City collected money to do a group event. Mayor Schmidt stated at the joint session, he suggested to Ms. McCarthy that the CRA and WARC get a joint team together for the Cancer Society for the "Relay for Life". Mayor Schmidt feels this would be a good group effort because probably just about everyone has been touched by cancer. Secondly, Mayor Schmidt read into the record a letter he received from Mr. Richard Van Gemert complimenting City staff (a copy is attached hereto and made an official part of the minutes). 13.C.4. Commissioner Perlman -27- 11/06/01 Mr. Perlman commended the Fire Department for their participation on the evening of Halloween. Mr. Perlman stated there was tremendous reception from everyone and feels he received an education as well. Mr. Perlman stated he spoke to a woman's club at High Point and reported that the biggest complaint is the long flu shot lines at Publix. Mr. Perlman informed them that the City is not responsible for that. Mr. Perlman stated traffic and speeding on Barwick Road was a big concern and they wanted to know if there was a possibility for installing a traffic light at High Point Sections 6 & 7. 13.C.5. Commissioner Archer Mrs. Archer stated she thoroughly enjoyed riding in one of the Fire Department ladder trucks on the night of Halloween. Mrs. Archer stated since she had the opportunity to stop by Jay Alperin's house and present him with a plastic fire hat. Mrs. Archer stated she had a wonderful time at the fundraising event for the Palm Beach County Black Elected Officials. Mrs. Archer stated it was a great event and she thoroughly enjoyed herself. In addition, she is looking forward to attending next year as well. Mrs. Archer stated she will be participating in the "Walk for Unity" and her location is Village Academy. Mrs. Archer stated she would also like to commend the City staff for their assistance and stated she is very impressed with Mr. Van Gemert's letter. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:35 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 November 6, 2001, which minutes were formally approved and adopted by the City Commission on -28- 11/06/01 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. -29- 11/06/01 City of Delray Beach, Florida City Commission General Meeting Commissiofi Chambers November 6, 2001 My name is Byron Thayer and l-am an Honoral?ly-Discharged Veteran of the U.S. Army. Also, I am a- City of Delray Beach emptoyee with over 10 years service in the Engineering Dept. participating fit over 100 million in infrastructure project completi6n~. As a veteran and employee,' I find it despicable and unimaginable that Delray "The All-American City", does not HONOR their Veterans and Employees with Veterans Day Holiday off. 'A National Holiday'. Delray should close down Atlantic Avenue and have a parade to honor them and us! The 'story' going around is that in the g0's the employees voted to take the Friday after Thanksgiving, instead of Veterans Day. When in fact the Unions' representatives and Management (a small minority), decided it. That was then and this is NOW! However, if you put it to a general vote today, unfortunately Friday would probably win out over Veterans Day. Comparably, we see our neighbors here in the County enjoying not only Friday after Thanksgiving, but Veterans Day, Columbus Day, a whole day before Christmas, and TWO floating holidays. Delray is one to two days behind ALL other municipalities! Why does it take such a national tragedy as we have just experienced (Sept. 11a') for people to WAKE up to their responsibility to HONOR our Veterans? The body bags are already starting to come home! My friends! Delray Beach has three Unions; fire, police, blue collar, which represent approximately 75% of ~he employees. The other approx. 25% has no representation, which I am one of. It is unfortunate that the other approx. 25% has no one to represent them. That is why I'm here tonight. We need a voice. There is a serious disparity in benefits between union and non-union employees that need to be addressed. It has been rumored that "the blue collar union is issuing misleading information as a contract negotiation ploy". The only "ploy" I see is the Management pitting the non-union employees against the union employees by telling them they will lose the Friday after Thanksgiving, or Christmas Eve (1/2 day-p.rm)- and Good Friday (1/2 day-p.m.), if the Veterans Day Holiday is approved. We shouldn't have to trade any other time. The only thing the union is doing is trying to get a well-deserved day off from work with pay. We are the hardest working country in the world. Most European countries have a mandatory 60-day vacation. One of the problems in this country, parents aren't instilling in their children the VALUES that this country was founded on. To respect history and why we have the FREEDOMS that we enjoy today, because veterans gave their blood and their lives! If 'working parents' had more time off to spend at such activities, just maybe it would be a better, safer world. This we can not do at a two-hour memorial at work, with or without pay. "City f'mance officials estimate it costs $155,938 in salary and benefits per day to run the city". It will cost that whether we're here or not, however we actually can save taxpayers money by taking the Holiday offi First, fuel cost, maintenance and deprecation on city vehicles would save. Second, electrical cost, water usage, would drop substantially with lights, air-conditioners, computers, toilets shut down. And Third, if the City had a parade, etc. it would bring lots of revenue to the city and downtown. The Tennis Center might even show a profit for the day. And by only using the call-out personnel to cover all the services that are required to make the city run with little interruption in city services, we could do this. The hard working and dedicated employees made Delray "The All-American City" and we deserve more. Would real estate values and the tax base be what it is today, if not for ali the HARD WORK? "The recent acts of terrorism in our country draws attention to just how fragile our freedoms are. It has been the VETERANS of our nation who have safeguarded our liberties in foreign lands. Today, many of our service men and women are serving right here in the United State~ of America, at w~ against a foe they may not recognize. These young patriots deserve our appreciation, our support and our recognition'.'.. "Sunday, November l 1~h, is a very special day for many Americans. It is the day that has been designated "Veterans Day" by the Congress of the United States to honor those who served in uniform during periods of conflict and challenge. It may haq;e b~en ih the mo'squito-infes .t,d jungles at Guadalcanal, on the froz~ tundra of the Korean Peninsula, in the muddy quagmire that were the rice paddies, in Vietnam or in a sandstorm near the Kuwaiti border. Wherever and whenever they were called to serve, they went. Now it's time to thank them". This Commission is a very honest and fair commission and I would like to take the time to thank you for it's resent decision to support the "city employees called up into active military duty by paying the difference between their military-pay and their city pay". I would like to quote President Lincoln when he had to explain to Congress and the Union his decision to fight the South and that hundreds of thousands of lives would be lost! "That it is the RIGHT thing to do". At this time I would like to take a couple of moments of silent prayer for the Sept. 11~ victims and all our military personal, past and present. Thank You. Your Humble Servant, 1116101 To: Delray Beach Commissioners From: The Inner Circle Golf Club President Dear Commissioners, I am attending this meeting this evening to appeal to you about getting set tee times for the Inner Circle Golf Club. The management of the golf course and the Assistant City Manager has directed our club to approach you about the tee times since you are the only body that has the authority to delegate such action. Our club, inaugurated in the year 1952, is now celebrating its 50th anniversary. Our group, at present, has 30 active golfers. Our "maximum" turnout has been "28" members participating in the tournaments. During the summer we still participate with usually 2 foursomes. During the winter season our range of golfers will number from 4 to 7 foursomes. (16 to 28 golfers) We are a walking golf club and our golf days are on Mondays and Fridays with the allotted times of 6:53 to 8:03 which we share with the entire public. These allotted times do allow 11 foursomes to golf, which is a total of 44 golfers. If we, as a group were granted set tee times, there would still be room for 4 to 7 foursomes for the general public or a range of 16 to 28 golfers. The general public would have the entire allotment of 44 golfers on Saturday, Sunday, and Tuesday through Thursday. Our group, in the past, has had set tee times. With the changing of the operation of the golf course, we have been excluded from these tee times and the management appears to cater to the non-member and the non-resident golfer for monetary reasons. We are carling on the commissioners to support us, the local residents, in restoring our past tee times. We plead our case to you this evening and hope that you will help us to continue to function in the years to come, as a Delray Beach residential golf club, Sincerely, Herbert W. Coman Jr. 535 N.W. 4th Ave. Delray Beach, FI. 33444 November 3, 2001 Dear Delray Beach city officials: M~midt, Commissioners: Archer, Levison~Perlman, I am attending this meeting as a member of the Inner Circle Golf Club. I have resided in this All American city since August 1965. I am retired after 40 years of teaching, 33 of those years were in Palm Beach County and most were spent at Seacrest/Atlantic High School in Delray Beach. When I suffered a heart attack a few years ago, my family presented me with a golf cart on my next birthday. My doctor had stated that my exercise ritual of riding around in a golf cart wasn't really exercise and that I should walk while golfing. I have met most of the Inner Circle members while walking at the Delray course. I subscribe to a golf membership as a necessary means of recreation and one I enjoy. This year, I am committing Mondays and Fridays as a walking member of the Inner Circle Golf Club. I am also an M.G.A. member and golf 18 holes on Wednesdays. It's rather discouraging to see the lack of support that the Inner Circle Club has encountered while golfing at our "public" R01f r~ ~e_ I have heard conflicting reports about the granting and then the- rescinding of tee times for the Inner Circle Club this year. At one point they were informed that they could have several reserved tee times and then were told they could not. This league must compete with the general public for the few walking times available on Mondays and Fridays. Non-residents, on the other hand are given preferential treat~nent. While resident fees have constantly gone up, nonresidents are now being offered memberships at a $200 discount over the advertised nonresident membership fees. Residents who call three days ahead for tee times are told all tee times are gone when actually some are saved for nonresidents who can call two days in advance. Walking fees, cart fees, and membership fees go up every year. Residents could pay up to $500 more this year because of these increases. In addition to these increases, my city taxes, which are constantly being increased, are used to support the golf course. I believe the city should support the residents who use the course year round. The Inner Circle will need 2 tee times in the summer time. They will need about 4 tee times in the Spring and also, in the Fall. In the Winter season, they may need up to 7 tee times. The turnouts could be less than stated, but they represent the maximum number of golfers that will participate. There are 11 time slots from 6:53 to 8:03 for golf walkers. There are still 4 to 7 time slots available for the general public to walk and the entire slate on Saturday, Sunday, and Tuesday thru Thursday. I thank you for your time and hopefully you will address some of my concerns!!!! Sincerely, William M. Chwalik October 29, 2001 Mayor David Schmidt City of Delray 100 N.W. 1'* Avenue ~)elray Beach, FL 33444 I~E'CEIVED OCT 3 17001 CITY MANAGER Dear Mayor Schmidt: Very often in this fast paced world an individual can work diligently each and every day and never be recognized for what they do. I want to take a moment to congratulate you, the Commission, and especially the City Manager for having such an outstanding city staff. Over the past year, I have had occasion to work with eleven different departments within the City Government. I must say that I am thoroughly impressed. Every single person, without exception, has gone out of their way to be helpful, courteous, friendly, and thorough in assisting me with information, data, and help, which I had requested. To have so many people of such high caliber working within a government is an outstanding achievement. The Manager and Commission is to be commended for this accomplishment. Although the list of names is too extensive to print here, I especially wish to extend my sincerest thanks to Joseph Weldon and Tim Simmons of the City Parks & Recreation Dept. staff. Their cooperation and assistance in restoring the Spanish Trail Park and the Tropic Boulevard entrance to their original beauty exemplifies their commitment to their duties and making Deiray such an exceptional place to live. Thanks again, to all of you, for leading Delray to statewide prominence and All American City 2001. Very truly yours, 912 Eve Street Delray Beach, FL 33483 You are welcome to read this letter at your next commission meeting should you so desire. CC: Pat Archer, Commissioner Alberta McCarthy, Commissioner Jeff Perlman, Commissioner Jon Levinson, Commissioner David Harden, City Manager Susan Ruby, City Attorney Joseph Weldon, Director Tim Simmons, Acting Supervisor NOVEMBER 13, 2001 SPECIAL MEETING A Special Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, November 13, 2001. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jeff Perlman Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan Ruby City Clerk Barbara Garito Mayor David W. Schmidt called the meeting to order at 6:00 p.m. and announced that it had been called for the purpose of considering the following item: CHRIS EVERT PRO CELEBRITY TENNIS CLASSIC: Consider approval of the proposed agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the 2001 Chris Evert Pro Celebrity Tennis Classic to be held on December 1s~ and 2ha, 2001. Commissioner Perlman had two questions regarding the agreement. First in the background he requested an explanation of the City providing private security. Mr. Barcinski, Assistant City Manager indicated that private security would be utilized inside the gates and during the nighttime hours to cut down internal costs. Pohce protection would be used for the perimeter of the stadium, traffic control and where monies would be handled. Overtime is estimated at approximately $13,100. Secondly, on page two of the agreement item 3 (i) indicates the use of the 4,000 seat stadium day court, he questioned if the city would be resurfacing the court? The City Manager indicated that we would not be resurfacing the court and the City Attorney advised that the agreement would be amended prior to execution. Commissioner Perlman made a motion to approve the agreement between the City and Chris Evert Charities, Inc. as amended, seconded by Commissioner Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor David W. Schmidt declared the Special Meeting adjourned at 6:03 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on November 13, 2001, which Minutes were formally approved and adopted by the City Commission 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 amendments, additions or deletions to the Minutes as set forth above. WHEREAS, Leon M Weeks ~s a dynarmc mchwdual who exemphfies the ideal of commumty service and mvolvernent; and WHEREAS, Leon M. Weekes, churn'nan of Weekes & Callaway, Inc., a general insurance agesacy founded m 1953 m Delray Beach, currendy serves as president of the Independent Insurance Agents of Palm Beach County; and WHEREAS, Leon M Weekes has served the membersbap of Florida Assooauon of Insurance Agents 0VAIA) for many yea~s and m numerous capaciues, parncularly m advocating and securing passage of key leg~sla~on at the state and nattonal levels metats recogmfion; and WHEREAS, Leon M. Weekes first served on the FAIA Board of DLrectors from 1988 to 1991 and is currently serving again on the Board m a term that began m 1999 and concludes m 2002, and WHEREAS, Leon M. Weekes has been an active member of the FAIA Legislature Comrmttee for nearly two decades, having served continuously since 1982; and WHEREAS, Leon M Weekes has demonstrated outstanding leadershap m the legaslat~ve arena, partacapatmg each year for 20 years in FAIA's lobbying efforts at both the state and nauonal levels; and WHEREAS, Leon M. Weekes served has commumty as Mayor of the Caty of Delray Beach from 1978 to 1982 and as a DeIray Beach C~ty Cornn'nss~oner from 1970 to 1974 and 1975 to 1978, and WHEREAS, Leon M Weekes has made numerous cav~c conmbuttons, serving as a past president of the Delray Beach Chamber of Commerce, a chrector of the Delray Beach Council of 100, and a member of the Executive Cornrmttee of the Econormc Councal of Palm Beach County; and WHEREAS, Leon M Weekes has been acuve w~th the Umted Way, the Mae Volen Semor Center, the Gulfstream Council of Boy Scouts, the Drug Abuse Foundauon of Palm Beach County and the I Have A Dream Foundatton m Delray Beach, and WHEREAS, m 1989, the Caty of Delray Beach and Palm Beach County by lomt acnon, estabhshed the "Leon M. Weeks Environmental Preserve", a passave park, m recogmuon of has years of public set,ce. NOW, THEREFORE, I, DAVID W. $CHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the C~ty Comrmssion and all of the otazens of Delray Beach, do hereby lorn with the Florida Associatton of Insurance Agents to recogmze and commend LEON M. WEEKES for lus valuable and successful efforts to ~mprove the regulatory envi~unment for independent agents by of£ermg input and guidance to State Leg~alators and Flo~da's Congressional Delegation, and call upon all present to acknowledge the muhitudmous coumbuttons he has made to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Caty o£ Del~ay Beach, Flo~da, to be a£fixed th~s 204 day of November, 2001. DAVID W. SCHMIDT MAYOR ~ G/dTO:TT Tl~:~ TC '~o0 Whereas, Leon M. Weekes, chairman of Weekes & Callaway, Inc., a general insurance agency founded in 1954 in Delray Beach, currently serves as president of the Independent Insurance Agents of Palm Beach County; and Whereas, Leon M. Weekes has served the membership of FAIA for many years and in numerous capacities, particularly in advocating and securing passage of key legislation at the state and national levels merits recognition; and Whereas, Leon M. Weekes first served on the FAIA Board of Directors from 1988 to 1991 and is currently serving again on the Board in a term that began in 1999 and concludes in 2002; and Whereas, Leon M. Weekes has been an active member of the FAIA Legislative Committee for nearly two decades, having served continuously since 1982; and Whereas, Leon M. Weekes has demonstrated outstanding leadership in the legislative arena, participating each year for 20 years in FAIA's lobbying efforts at both the state and national levels; and Whereas, Leon M. Weekes served his community as mayor of the City of Delray Beach from 1978 to 1982 and as a Dolr~v ]~o~h 0~., ('v....,,-,.~o~ .... c___ ~n-^ ~ ,,~ ....... Resolution Whereas, Leon M. Weekes, chairman of Weekes & Callaway, Inc., a general insurance agency founded in 1954 in Delray Beach, currently serves as president of the Independent Insurance Agents of Palm Beach County; and Whereas, Leon M. Weekes has served the membership of FAIA for many years and in numerous capacities, particularly in advocating and securing passage of key legislation at the state and national levels merits recognition; and Whereas, Leon M. Weekes first sewed on the FAIA Board of Directors from 1988 to 1991 and is currently serving again on the Board in a term that began in 1999 and concludes in 2002; and Whereas, Leon M. Weekes has been an active member of the FAIA Legislative Committee for nearly two decades, having served conbnuously since 1982; and Whereas, Leon M. Weekes has demonstrated outstanding leadership in the legislative arena, participating each year for 20 years in FAIA's lobbying efforts at both the state and national levels; and Whereas, Leon M. Weekes served his community as mayor of Delray Beach from 1978 to 1982 and as a Delray Beach City Commissioner from 1970 to 1974 and 1975 to 1978; and Whereas, Leon M. Wcckes has made numerous civic contributions, serving as a past president of the Delray Beach Chamber of Commerce, a director of the Delray Beach Council of 100, and a member of the Executive Committee of the Economic Council of Palm Beach County. Now, therefore, be it resolved that on this ninth day of August in the year 2001, the Florida Association of Insurance Agents does hereby commend Leon M. Weekes for his valuable and successful efforts to improve the regulatory environment for independent agents by offering input and guidance to state legislators and Florida's Congressional delegation. Terrell V. Hawkins, CPCU, Chairman Jeffrey W. Grady, President & CEO SIMON AND SCHMIDT FAX NO, : 5612650286 SIMON AND SC~MIDT, ATTORNEYS 100 N.g. Fi~h Avenue, Suite A-1 Delray Beach, Florida 33483 (S61) 278-2601 or 737-8222 FAX NO. (S61) 265-0286 To: David Harden From: David Schmidt Daue: 10/31/01 Re: Leon weekes Fax N0.243-~199 Time: By: No,of Pages: 2 Includes cover Oct. 31 2~1 11:~ P1 RECEIVED OCT 3 1200 CITY MANAGER .~IDENTIALIT~OTZCE: THE DOCUMENTS ACCOMPANYtN~ THIS TELECOPY TRANSMISSION MAY CONTAIN CON~ID~RTIAL INFORMATION BELONGIN~ TO THE SENDER. THE INFORMATION IS INTENDED ONLY FOR TH~ USE 0P~ THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF ¥OU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR OTHER TAKIN~ OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS T~LECOPIED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS T~LECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELBPHONE TO ARP. ANGE FOR RETURN OF THE ORIGINAL DOCUMENTS TO US. MESSAGE IFA/FY: David: Please see enclosed article about Leon Weekes. Since he is a former mayor, I thought it might be nice to do something to recognize this award, such as proclamation. What do you think? MEMORANDUM DATE. TO: FROM RE- CC November 12, 2001 Bob B~rctnski Bmhm Dubin Delray Tennis Task Force Recommendation Update Sharon Painter Dick Stockton This memo serves to updste you as to thc status ofour accomplishments in regards to the Delray Beach Temxis Cemer Task Force recommendations. Grad # t - Develop ~md hap&merit new programs ~tat w//l enkanee ~nd cr~e a 1. Hire a ruB-time Tennis Facilities Director whose main exaphasis is on management and administration (versus lessons) and whose salar~ package would be competitive. Dick Stockton has been hired as a full-time Tennis Facilities Director. Mr. Stockton started working for Dubin & Associates, Inc on August 1, 2001 Establish a Tennis Advisory Board elected by members to assist the management company and tennis director Remit A Tennis Advisory Board has been formetl representing a cross section of the club. Meetin8s are held thc 2"d Monday' of every momh at 6:30 PM at the Defray Be~ch Tennis Center The Board contains the following individuals' Mr YumfAhmed Mt. Dick Leeds Mr Glen Horecky Ms. Ellen Moore Mr Fran Kelley Mr. Ken Rubin Ms. M~rge Konell Ms Fran Tarlton The Committee held itg fa'at meeting on September 2001. !l/14/?MMl l~):M~/ %~]?~?Z57 DUBIN g ASSOCIATES PAGE Establish a City championship with competition based on skill level. City Championship will be held February 1 - 3, 2002 4 5 Establish member/quest days. Member/Guest Days will be offered the 1" Friday of every month beginning in November 2001. Develop a syslem for players to sign up for matches based on skill level. A board is posted at the Defray Beach Tennis Center in addition to the "Make Match" book, both systems are designed to encourage players to sign up for matches C~tl # 2 - Eakance and de~el~ addititmal oppor~nities tmd ~ for jmsim'play. 1 Reinstate and activate patrons program to encourage minority participation. Patrons program was ll~ly_g terminated, This past summer it ran in conjunction with our ,summer junior program held between June and August 200 I. 2 Provide free playtime for juniors during the summer (June through September) as available on hard courts. Re~qlt: Fre~ court time was offered. This was promoted in local newspapers and flyers were posted in City tlall and distributed to schools and the library. Continue to promote programs and opportunities for p~rtici~ in thc Parks and Recreatkm after school and summer and winter camp programs. We continue to offer prosrams to Parks and Recre~on Depamnent children on an on-going basis. Specifically we offer programs on a weekly basis on Tuesdays and Wednesdays between 3:00-5:00 PM, attracting approximately 80 kids per week at a cost of $15 per hour pot group, paid by the P~4cs and Recreation 11/14/2001 ]'~:~1~ h[~1]'~,'//')2 DUBIN g ASSOCIATES PAGE 84 Goal # $ ~ Er4nmd and enlumce comnmnications and ~g ~o1# ~ to inform metnlst~s and ~s about palicies, pragrams, ewers, financial canditions and otker g~neral information 1 Develop and distribute monthly calendar of events both in hard copy and on the Intemet. Calendars weic distributed ~ffcctive November l, 2001 The di~Itibution included thc Chamber of Commerce, City Hall and a mailing was msde to every member of our club In the future, this will be included in ~11 Internet upch~tes. Develop and distnbutc a qu~-terly newsletter both in hm'd copy m~d on the lmea'net Rgs~it Quarterly newsletter will be distributed as of December 1, 2001. Market junior mis program m all schools in Delray B~ach. Our H~l Pro, David Nowak, is actively marketing our prograrm to local schools. Thc listing of schools includes: Banyan Creek Elementary School Morikomi Park Elennentary School Orchid View Elementary School Pine Orove Elementary School plumosa Elementary School Seaerest Christian School S.D. Spady Elementary School St. Vincent Ferror geahool Trinity Lutheran School Unity Elementary School Carver Community Middle School Delray Full Service Center Atlantic Community High School Di~a'ibute information on policies, programs, events, financial conditions and other pertinent information to homeowner associations, the Pr~idents Council and oth~ community groups, as well as to members. Mr. Stockton has met with Mr. Bill Woods to get involved with the Chs,'nbex of Comme~oa In the future, we will meet with Lula Butler and staffand various other City representatives to coordinate efforts to distribute information to the community. Develop a speakeffs forum to inform civic and other community groups R~' Same as poim 84 Inform members about current maimenance programs and why maintenance performod on the schedule e~tablished. Bulletin board is used in ~ddition to posted notices throughout our facilities. 11 /1417001 I~'MI/ %~,]?t,~?/%9 DUBIN ~ ASSOCIATES PAGE 85 &etio~l~ I }rite a flail-time Tennis Facilities Director (see goal #1, action #1). Dick Stockton has been hired. Revise management company and budget performance measures to include and place an emphasis on customer satisfaction (35%), communications and public relations (25%), court and facility maintenance (25%) and financial measures (15%) Revisit the performance measures annually and revise as needed. ResuR' This recommendation will be incoq~orated imo the proposed performance measures for FY 0 l-fi2, to be presented to City Commission for approval. Evaluate Management Company's performance based on revised performance measures on a regular basis, but at least once per year. City staffto develop 4 Conduct a formal customer satisfaction survey at least once a y~ar. Customer survey will be done in March 2002. 5. Develop and implement an on-going customer comment and suggestion form. A suggestion box is on the counter at the Delray Beach Tennis Center and Delray Swim and Tennis Club Customer comment and suggestion cards have been developed and are in place as of November 2001. Goal # 5 ~ Continue to oper~ fermis facilities like other recreathmai fadlitim, minimizing the net co~t while bnproving customer servi~e and lmse st~ii~m ~ts~ge on the marketing v~e to the ~itY and benefit tha~ is provided to ~e community and citize4n~ I Plan and coordinate events at the facilities and in the stadium in conjunction with other events ~ as not to cause a negative impact on staffing and parking_ All events me coordinated with City Hall and the Downtown Joint Venture. 2001 lh:~g b~l ?h%? /52 DUBIN g ASSOCIATES PAGE Result 4 Rc lr Rc.~uh R~ult Review and approve events in the stadium on a case basis based on market value to the City and benefit provided to the community, citizens. ~d to charitable and non-profit groups All evems are reviewed on a case by case basis and presented to the City for review and approval. Continue focus on attracting professional tennis evtrnts, other tenms events, other sporting event~, charitable non-profit events, and concerts. We continue ~o focus on a~tracting evems. At present, we expect to finalize a Golden (}lobe Boxing event on March 23, 2002_ Unity Walk was held on November 11, 2001 Also ~cheduled are. Chris Evert Pm Celebrity Fixst Night lmemational Tennis Chmnpionship IPMOROAN Tennis Challenge December 1-2, 2001 December 31, 2001 March 2, 20O2 6, 20O2 Attempt to attract concerts that are more local in nature and provide benefit to the community. We are attempting to ~ttract local events such as "A Walk for Unity", First Night and local festivals. Attempt to sell commercial naming rights or obtain a major philamhropic donation to help offset net costs, as long as the name displayed includes "The City of Delray Beach" We are attempting to sell Naming Rights through the RFP process. Continue to reduce or waive fees for use of the facilities and stadium based on ability to pay and/or market value to community and benefit to our citizens This is the philosophy in place and is reviewed on a case by case ba~s Assign management authority for the swimming pool at the Delray Swim and Tennis Club to the Park and Recreation Department This responsihilhy has been amligned by the City Manager. Provide recreational swimming programs and lessons at the pool at the Swim and Tennis Club Parks and Recreation Department will be developing pro.ams and hours of operation for the facility P~GE 07 1. Fund in FY 01102 the following projects in the priority listed: ,) Rehab lighting offive (5) south couxts at the Swim and Tennis Club ~sull: Lighting of five (5) courts was not approved in the FY 01-O2 budget · Rehab clay courts 4 through 8, l 3 and 14 at the Tcnnia Center .l~s~lI Total project will bc completed by November 30, 2001_ Resurface seven (7) hard courts at the Tcrmis Cenl~ as p~ contract with Match Point, Inc. RcsulI: Will be completed in Fcbmsa3, 2002 Tennis Facility at the Swim and Tennis Club which includes a pro shop, lockers, restrooms, showers, offic~ space and adequate storage as a ~tand alone facility or part ora larger recreation facility as may be recommended in thc Master Plan. l~tl~ 'l~he Master Plan will be presented in November to City Commission. Funds are now programmed in FY 02-03 and 04-05 for a new facility Add two (2) hard courts at Pompey Park at this time and if any lundin8 available consider adding two (2) additional neighborhood courts Not approved in FY 01-02 budget HISTORY OF COMMUNITY CHAT Community Chat was organized in the Spring of 2000 by a core group of citizens who represented various seg,rnents and organizations who worked within and were concerned about the issues faced by tile neighborhoods in the Northwes~ and Southwest s~-tions of Delray Beach. The group was intere~ed in creating democratic dialogues that included both the stak-eholder~ and the neighborhood residents and would result in action strategies to strengthen citizens participation aM build a stronger conm~unity Study circles--small group, democratic, participatory discussions that take place across a community. offered er'cry, day people the opportunity to get to know one another, consider different points of vier,. Cxlrlorc disagreements, find common ground and work together to take action on issues they cared about Commnity Chat sponsored by Mad Dads and funded by The Topsfield Foundation and a matching grant from the Palm Beach Community Foundation initialed the first study circles program in thc summer of 2000 titled "Building Stronger Neighborhoods'. Over 100 participants participaled generating action agendas that have and are being implemented in the community. As a result of the "Building Strongerlqeighborboods" Study Circles, Community Chat has sponsored drug fi'ee commu~fily Vi~ls, implemented" Maintainhgg the Village" --a volumeer project ~pported by the City of Delray to rethrbish the homes of the elderly, conducted Parem support groups, co- sponsored monthly Youth Sumnfits, and held dialogue in the community with residems and the CPA as well as workshop for residents on Eminem Domain. h~ the spring of 2000 Community Chat responded to repons of several hate climes being reported in area High Schools. Community Chat called members of the clergy and community leaders to the table to address approaches to building more Unity. and thc role of'the Faith Community in addressing issue of tolerance and understanding The response of these dialogues resulted in a Declaration of Unity being promulgated and a citywide- first ever--- Unity Dinner with recommendations being generated by attendees on fin'ther strategies to build more tinily in the Delray Beach Area. Community Chat, an all volunteer coalition, continues to meet and plan projects and activities thru are generated by. the community and that build bridges across diverse segments strengthening both the fabric and the vitality of Delray Beach. Community Chaxs nex'~ activity, a Cily~de Unity Wail is scheduled for November 1 lth. The Unity Walk is a action strategy generated at the Unity Dinner and has as its purpose 1he gathering of citizens of Delray Beach and surrounding areastojoin in the celebration ofdiversity:--- our greatest strength- - as a city, county, state and nation Community Chat is c, tux~atly chaired by Cynthia Ridley a Delray Beach community activist an organizer. If you would like to be a pan ofCommuniW Chat or would like fiarther imeormation on howto participate in the Unity Walk November 11 th 2001 please feel free to cataract Cynthia Ridley ~t the following phone and address Carolyn Zlmmerman, Contact Person Phone N~nd~r: ($61) 276-1 [ITY OF DELRFI¥ REfl[H CITY ATTORHEY'S OFFICE 1993 POLICE LEGAL ADI/ISOR 300 \V ATLANTIC AVENUI~ - DELRAY BEACH, FLORIDA 33444 't ELEPHONE 561/243-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM To: From: Date: Re: David Harden, City Manager Catherine M. Kozol, Police Legal Adviso~'~ November 13, 2001 Police Substation - 1570 S. Federal Highway Lefmark Group - Commercial Lease Attached for your review and insertion in the Consent Agenda are two originals of the above referenced agreement. The only change from the previous agreement is the time frame (February 10, 2001 to February, 2003) since the prior lease had expired. It is urged that the agreement be renewed as the substation has been as asset for the department in deterring criminal activity in the area. Liability has not increased for the City as laid out in the provisions of Section 20(A) of the agreement. We would appreciate it if you would place this on the Consent Agenda. If you have any questions, please do not hesitate to call my office. Ath/encs COMMERCIAL LEASE Office Space BY THIS AGREEMENT made and entered into on 2001 between ST. STEPHEN LIMITED PARTNERSHIP, a Florida Partnership whose address is 1570 South Federal Hiqhwa¥ herein referred to as Lessor, and the CITY OF DELRAY BEACH, a Florida Municipal Corporation whose address is 300 West Atlantic Avenue, Delray Beach, Florida, herein referred to as Lessee. Lessor leases to Lessee the premises situated at the Plaza at Delray and more particularly described as follows: 1570 South Federal Highway in the City of Delray Beach, County of Palm Beach, State of Florida together with all appurtenances, for a term of two years to commence on February 10, 2001 through and end on February 10, 2003 at 11:59 P.M. 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for demised premises the sum of One Dollar ($1.00) per month in advance on the first day of each calendar month. Lessee agrees to send payment to LEFMARK, 1638 South Federal Highway, City of Delray Beach, State of Florida, 33483, or at such other place as Lessor may designate. 2. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 3. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a police substation, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, of for any purpose other than as a police substation. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 4 Condition of Premises. Lessee stipulates that he/she has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 5. Assignment and Subletting., Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease without the prior written consent of Lessor which consent may be withheld at Lessor's sole and absolute discretion. 6. Alterations and Improvements. Lessee shall make no alteration to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of the Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 7. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor but only after the receipt of all insurance proceeds needed to rebuild demised premises, and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of its employee, family, agent or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 8. Dangerous Materials. Lessee shall not keep nor have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be consider hazardous or extra hazardous by any responsible insurance company. 9. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises. 10. Maintenance and Repair. Lessee will, at its sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in good order and repair; keep the walks free from dirt and debris; and at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of its employee, family, agent, or visitor. Maintenance and repair of the common areas, roof and building structure only, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor shall be responsibility of Lessor or his assigns. Tenant shall be responsible for all repairs and maintenance including routine monthly maintenance, of the HVAC system servicing the demised premises. 11. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor which shall be at Lessor's sole and absolute discretion. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises in all buildings and improvements thereon; however, in the event of an emergency, Landlord shall have the right at any time, to enter and perform the appropriate work on the demised premises without being liable for trespassing and without being held liable for any damages resulting therefrom as a result. 13. Display of Signs. During the last 30 days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the ;property to prospective purchasers or tenants. Lessee shall be allowed to .d~ ~lay a fascia sign identifying the unit as a Police Sub-station during the period .~f"tr~e lease. 14. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior tm, my liens or encumbrances now or hereafter placed on the demised premises ~f Lessor, all advances made under any such liens or encumbrances, the intl 'est payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 15. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days written notice served by either Lessor or Lessee on the other party. 16. Surrender of Premises. ,At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease reasonable use and wear thereof and damages by the elements excepted. 17. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance or of compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if, within thirty (30) days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Likewise, if any default is made in the performance of or compliance with any other term or condition hereof, the lease at the option of Lessee shall terminate and be forfeited, and Lessee may vacate the premises and remove all persons and personal property therefrom. Lessor shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if within thirty (30) days of receipt of such notice, Lessor has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 18. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof for a period of thirty (30) days or more, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 19. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 20. Other Terms: A. Sovereign Immunity. Nothing herein shall be shall be deemed a wavier of the city's sovereign immunity as set forth in Florida Statute 768.28. B. Repairs Prior to Enter. All improvements necessary for Tenant's use of the premises shall be provided by Tenant, at Tenant's sole cost and expense. Tenant shall provide plans and specifications for any such improvements. Landlord shall have fifteen (15) days within which to 4 review and approve such plans. Landlord's consent and approval shall not be unreasonably withheld delayed or conditioned. C. Lease Termination. Either party may terminate this lease without cause on 30 days notice, in writing, to the other party beginning on February 11,2001. The Lessor may terminate this lease without cause on thirty (30) days notice, in writing, to the Lessee. However, if this termination is commenced within the first year of the Lessee taking occupancy, the Lessor shall reimburse the Lessee eighty percent (80%) of the total amount charged for the refurbishing of the leased office. If this termination is commenced the second (2nd) year of the Lessee taking occupancy, the Lessor shall reimburse the Lessee sixty percent (60%) of the total amount charged for the refurbishing the leased office. If this termination is commenced in the third (3rd) year of the Lessee taking occupancy, the Lessor shall reimburse the Lessee forty percent (40%) of the total amount charged for the refurbishing of leased office. If this termination is commenced in the fourth (4th) year of the Lessee taking occupancy, the Lessor shall reimburse the Lessee twenty percent (20%) of the total amount. 21. Negative Covenants of Lessee. Lessee agrees that it will not do any of the following without the express, specific prior consent in writing of the Lessor. Lessee shall have no power to subject the interest of the Lessor in the premises or all or any portion of the shopping center to mechanic's or materialman's liens of any kind. The existence of any such lien shall be a material breach of this lease. All contracts for work at the shopping center must contain a waiver of lien by the Lessee's contractor against the shopping center property. All persons performing work, labor, or materials at the shopping center or the premises shall look solely to the interest of Lessee and not to that of the Lessor for compensation of any kind. To the extent permitted by law, Lessee shall indemnify Lessor for any legal fees and court costs in connection with Lessee's obligations as set forth in this section. Lessee shall have the obligation to promptly discharge, transfer or bond any lien filed against the premises, within ten (10) days from the filing thereof and if Lessee fails to fulfill this obligation, Lessee shall pay a service charge to Lessor of twenty five percent (25%) of Lessor's costs of removing the liens. Lessee shall not install shades, blinds, curtains or any other type of window covering without Landlord's prior written consent, which may be arbitrarily withheld. 22. Signs. Except as stated in this agreement, Lessee shall not exhibit, inscribe, paint, or affix any sign, advertisement, notice or other lettering on any part of the outside of the demised premises or of the building or the Shopping Center of which the demised premises is a part, or inside the demised premises if visible from the outside without first obtaining Lessor's prior, specific written consent, which consent thereof may be arbitrarily withheld by Lessor in its sole and absolute discretion; and Lessee further agrees to maintain each and every such sign, lettering and the like as may be approved by Lessor in good condition, working order, and repair at all times. There is attached to this Lease an instrument entitled "Sign Criteria," and Lessee agrees that Lessee's sign(s) shall comply with the contents of such "Sign Criteria" as it may be amended or changed from time to time. Lessee shall, in respect of all such signs, lettering, and the like, submit in writing to Lessor for its approval the name of the person, firm or entity proposed by Lessee to contract with Lessee for the manufacturer and installation of the same. Lessee agrees that it will have such a sign prepared and installed at Lessee's sole cost and expense. Lessee further agrees that Lessee will cause an undercanopy sign to be prepared and installed at its sole cost and expense as per specification and criteria to be supplied by Lessor. Any sign, awning, canopy, advertising matter or decoration of any kind, erected or placed by Lessor on the outside of the demised premises or on or in any doors or windows or the demised premises, without Lessor's specific written consent, shall constitute a default under this Lease and may be removed by Lessor without notice and without liability, and any expenses incurred by Lessor in such removal shall be charged to and paid by Lessee upon demand and shall be considered Additional Rent. 23. Indemnification, General Liability Insurance and Other Insurance. To the extent permitted by law, Lessee shall and hereby does indemnify and defend Lessor and save it harmless from and against any and all claims, causes of action, damages, liability and expense including, without limitation, attorneys' fees and costs at all trial and appellate levels in connection with any and all loss of life, personal injury and damage to property occurring in or about, or arising out of or relating to, directly or indirectly in any manner whatsoever, the demised premises, adjacent sidewalks and loading platforms or areas, and the common facilities at the Shopping Center or occasioned wholly or in part by any act or omission of Lessor, its agents, contractors customers, invitees, principals, directors, officers, or employees, or results from the breach of any of Lessee's obligations under this lease except for claims, cause of actions and damages arising out of Lessor's own negligence and/or malicious, willful or wanton acts. 24. Financing Agreement. Lessee agrees not to enter into, execute or deliver any financing or security agreement that can be considered as a priority to any mortgage given by Lessor or its successors and, in the event Lessee does so execute or deliver such financing or security agreement, such action on the part of the Lessee shall be considered a breach of the terms and conditions of this Lease and a default by Lessee entitling Lessor to such remedies as are provided for herein. 25. Lessor's Liability. Notwithstanding any provision contained in this Lease or else now or hereafter to the contrary, Lessee agrees and acknowledges that there shall be no personal liability on Lessor and Lessee shall look solely and only to Lessor's interest in the leasehold (or subleasebold, if applicable) estate in the event of any default or breach by Lessor with respect to any of the terms, convenants, conditions or provisions of this Lease on the part of the Lessee to be performed or observed; and no other assets whatsoever of Lessor shall be subject to liability, levy, execution, or other judicial process or award for the satisfaction of Lessee's claim(s) of any kind or sort whatsoever. 26. Notices. Any notice, consent or other instrument required or permitted to be given under this Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or overnight courier, postage prepaid, addressed (a) if to Lessor, at the address set forth on the face page; and (b) if to the Lessee, at the demised premises or, prior to Lessee's occupancy of the demised premises, at the address set forth on the face page. Any such notice of other instruments shall be deemed to have been given and received on the day upon which personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may give notice to the other of any change of address and after the giving o~ such notice, the address therein specified is deemed to be the address of such party for the giving of notices. If postal service is interrupted or substantially delayed, all notices or other instruments shall be delivered in person or by a recognized overnight mail service. 27. Force Majeure. Lessor or Lessee, as the case may be, shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond said party's absolute control which shall include, without limitation, all labor disputes, civil commotion, civil disorder, riot, civil disturbance, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations, orders, moratoriums, or controls, fire or other casualty, inability to obtain any materials, services or financing or through Acts of God. 28. Recording: Neither the Lessee nor anyone claiming under the Lessee shall record this Lease or any memorandum hereof in any public records without the prior written consent of the Lessor. 29. Governing Law/Venue. This Lease shall be construed in accordance with and governed by the laws of the State of Florida and all other applicable laws and governing authorities with jurisdiction over the area encompassing the Shopping Center, and venue for all actions shall be in Palm Beach County, Florida, or such other venue as may be specified by Lessor. 7 30. Radon Gas. This clause does not represent a part of the agreement between Lessee and Lessor but is included in this Lease for the sole purpose of complying with Section 404.056 of Florida Statutes which requires that any lease agreement for any building contain the following notification: 'RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building is sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. IN WITNESS WHEREOF, the parties have executed this lease at City of Delray Beach, Florida, day and year first above written. ST. STEPHEN LIMITED PARTNERSHIP by Lef/Delray Mall LTD., General Partner, by Lef/Delray Mall Inc., its General Partner, a Florida Corporation The foregoing instrument was. acknowledged, b~0~re me this ~ day of (~"~~ ,2001 by F'JO~ ~ ~ '~/l~"'d~i~,C~r~ame of offi~-~-~)r agent, title of officer or agent) of ST. STEPHEN LIMITED PARTNERSHIP, a FLORIDA (state or place of incorporation) partnership, on behalf of the partnership. Signature ,of., Notary ~;~bblic - "' State of ("lC,~r~ OC'-~ llZ~';~ .~MY COMMISSION # CC 933921 Ii ': :" ' (~C~ !1~ ~,.~ ~.,~,~ ~1 Print, Type or Stamp Name of N~a~ Public By: City of Delray Beach, Florida Mayor David VV. Schmidt ATTEST: City Clerk 9 ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: ~obe~t A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting November 20, 2001 Approval Amendment #3 Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square DATE: November 13, 2001 Action City Commission is requested to approve Amendment #3 to the Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square. Backllround Attached are the proposed amendments. The amendments add the new band shell, restroom and concession building, and covered walkway to the agreements and set forth maintenance responsibilities and ownership. The new structures will be owned by the City when completed. As with the original agreements as previously amended, Old School Square will be responsible for interior maintenance as well as lighting, sound and specialty equipment associated with the band shell. The City will be responsible for exterior maintenance. The proposed agreements have been reviewed and approved by our attorneys as well as the Board of Directors of Old School Square. Recommendation Staff recommends approval of Amendment #3 to the Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square. RAB/tas Cc: Joe Gillie Fil¢:u:sweency/agenda Doe'Lease Agreement for Old School Square [:lTV OF DELRrlqF BEI:I[H CiTY ATTORNEY'S OFFICE lgg~ DATE: TO: FROM: SUBJECT: November 9, 2001 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's Direct L~ne. 561/243-7091 MEMORANDUM Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Manaqement Agreement and Lease Amendments I received a call from Joe Gillie who confirmed that the amendments were acceptable to his board. Please place both amendments on the next City Commission agenda. Once the Management Agreement and Lease Agreements are approved, I will have the originals executed and send you a copy. Attachment TO: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting November 20, 2001 Approval Amendment #3 Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square DATE: November 13, 2001 Action City Commission is requested to approve Agreement and Amendment #4 to the Lease School Square. Amendment #3 to the Management Agreement between the City and Old Background Attached are the proposed amendments. The amendments add the new band shell, restroom and concession building, and covered walkway to the agreements and set forth maintenance responsibilities and ownership. The new structures will be owned by the City when completed. As with the original agreements as previously amended, Old School Square will be responsible for interior maintenance as well as lighting, sound and specialty equipment associated with the band shell. The City will be responsible for exterior maintenance. The proposed agreements have been reviewed and approved by our attorneys as well as the Board of Directors of Old School Square. Recommendation Staff recommends approval of Amendment #3 to the Management Agreement and Amendment #4 to the Lease Agreement between the City and Old School Square. RAB/tas Cc: Joe Gillie File:u-sweency/agenda Doc:Lease Agreement for Old School Square 11. Grounds and Building Operations. OLD SCHOOL shall perform its portion of grounds and building operations to the extent set forth in the lease. Pursuant to the Lease, OLD SCHOOL shall be responsible for interior maintenance, repair and replacement and all other aspects of property management and maintenance except that the CITY shall be responsible for the exterior walls, roofs, parking lot, exterior landscaping, irrigation, lighting (including fountain), walkways, heating and air conditioning equipment (climate control), and exterior signage provided, however, as to the improvements to be placed in the shaded areas shown on Exhibit A hereto, OLD SCHOOL shall provide and maintain the bandshell lighting, sound system, and other specialized equipment. It is explicitly agreed that among other things, that the duty of OLD SCHOOL shall include furnishing all necessary janitorial and cleaning services, pest control services, care and maintenance of the structures located on the property, any interior renovation or redecoration not involving major structural changes, and that OLD SCHOOL shall pay all charges for telephone, water, sewer, gas, electricity and any and all other such utilities as may be used in connection with the property, including utilities necessary for the operation of exterior lighting. In addition, OLD SCHOOL, pursuant to the Lease, shall pay any ad valorem taxes imposed upon the property and improvements located thereon during the term of the Lease. OLD SCHOOL shall pay any taxes for personal property improvements owned by OLD SCHOOL. The CITY'S maintenance responsibility shall be for the maintenance and upkeep of the exterior of the buildings, including the roof, the grounds of the cultural center, irrigation system, grounds walkways, air conditioning and heating systems, and all exterior lighting (except as set forth substituted to address the construction, installation and repair and maintenance of improv_ements shown in the shaded area on Exhibit A, and to further clarify the responsibilities of the parties as to maintenance and repair of the entire Leased Premises. Paragraph 10 shall read as follows: 10. To Keep in Repair and in Good Condition. The City and Old School shall keep the Leased Premises, including the improvements as shown in the shaded areas of Exhibit A hereto, in good condition and repair to the extent herein provided. Good repair shall mean the condition of the improvements as existed at the time of the entry into the Lease or at the time the improvement is completely constructed, normal wear and tear excepted. The City shall maintain the exterior walls, parking lot, exterior landscaping and irriqation, walkways, roof, heating and air conditioninq and other structural components. The City shall maintain the exterior lighting and fountain except that the bandshell lighting, sound system, and other specialized equipment shall be maintained by Old School. Old School shall furnish all necessary ianitorial, cleaning, and pest control services; shall provide all care and maintenance to the structures located on the property not otherwise expressly stated herein as a duty of the City, and provide all interior renovation or redecoration not involving major structural chanqes. 3. Construction. Old School shall be responsible for the construction of the improvements shown in the shaded areas in Exhibit A. MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director L~/~ November 14, 2001 Delray Beach Renaissance Program Snbsidy Reqnests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible apphcant/family under the Delray Beach Renaissance Program. This subsidy brings the total to 131 homeownershlp assistance grants provided under the mty Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownershlp opportumtles to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the C~ty Commission. On June 15, 1999, the City Comrmssion approved a new Memorandum of Understanding operating the Renaissance Program. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes trmning and reformation on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the apphcant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant/family of the following property: (Acquisition Rehabilitation) 617 S.W. 5t~ Avenue (Rosemont Park Delray, Lot 5, Block 1, Plat Book 13, Page 60) $18,226 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 68.02 NAME Zelma Tellonge PROPERTY ADDRESS 617 SW 5th Avenue, Delray Beach LEGAL DESCRPTION Rosemont Park Delra¥, Lot 5, Block 1, Plat Book 13, Page 60 % OF AREA MEDIAN HOUSEHOLD INCOME 66% FIRST MORTGAGE RATE 6.50 LTV 84.00 PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $15,226.00 Developer's Fee $ 3,000.00 N/A N/A $80,000.00 $ 3,000.00 $ 1,991.17 $ 2,016.35 $87~007.52 $64,700.00 $18,226.00 THIRD MORTGAGE OTHER CREDITS Estimated Cash To/From Borrower (Lender 1003) $ 500.00 $ 3,581.52 NO. IN HOUSEHOLD 2 (including rehabihtation costs) Community Financing Consortmm C~ty of Delray Beach SHIP Deposit 3RD ST S W 6TH T S W 7TH S W 8TH ( S W 9TH SW S.W ST 4TH WA TER TREA TMEN T PLANT MERRI TT PARK ST DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX sw 6TH ST S W 7TH ST ST S W 8TH ST $ W 8TH COURT CT 9TH lOTH STREET CITY OF DELRAY BEACH, FL PLANNING z,. ZONING DEPARTMENT -- DIG:Il"AL ~ASE MAP SYSTEM -- ROSEMONT PARK DELRAY LOT 5, BLOCK 1 617 SW 5TH AVENUE MAP REF LM571 AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda ~ Consent Agenda Date: When: November 14, 2001 November 20, 2001 Description of item (who, what, where, how much): Authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program totaling $18,226.00 Note: This applicant bring the total homeownership assistance grants provided under the Renaissance Program to date to 131. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $18,226.00 Account Number: Department Head Signature: ~.~//~~/-,~ City Attorney Review/Recommendation (if applicable): 118-1924-554-83.01 Budget Director Review (required on all items involving expenditure of funds): Funding available: ~,~/NO~ x~O \ Funding Alternatives: (if applicable) Account No. & Description: ~\~)- \°~211-ro<~i4- b'-~,l~ 1 ~ 0~rr Account Balance:I[.~Z~'~00~ ~ City Manager Review: Approved for agenda: ~fEfl/N0 ,, Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Comm,~nity Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, C~ty Manager Lula Butler, Commumty Improvement Director Kenneth L. Thomas, Community Development Administrator November 14, 2001 2001-2002 Community Development Block Grant Subreeipient Funding and Property Acquisition Agreement for the Delray Beach Housing Authority ITEM BEFORE THE COMMISSION This is to request approval to execute an agreement with the Delray Beach Housing Authority for fundxng under the 2001-2002 Community Development Block Grant (CDBG) Program for the installation and upgrade of walkways throughout the Carver Estates complex and to parmer with the City for property acquisition for s~ngle family home development. BACKGROUND On July 24, 2001, City Commission approved a partnership between the City and the Delray Beach Housing Authority to acquire a 3.08 acre tract of land to jointly develop a site plan and the construction of affordable housing for the City's very low and low income eligible families. Further, City Commission approved authorization for the use of our existing HOPE 3 funds in the amount of $250,000 to assist the Authority in acquisition ofth~s property. In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 7, 2001, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2001-2002. The Action Plan contains an appropriation in the amount of $20,000 for the agency as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrec~pient organizations, specifying the work to be performed and repomng, among other necessary reqmrements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. The agreement incorporates the CDBG and HOPE 3 funding allocations. RECOMMENDATION Staffrecommends approval and execution of the attached agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH DELRAY BEACH HOUSING AUTHORITY 2001-2002 (October 1, 2001 - September 30, 2002) THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of , 2001, between the City of Delray Beach, ("City") a municipal corporation whose address is 100 N.W. 1st Avenue, Delray Beach, Florida and the Delray Beach Housing Authority, ("Agency"), having its principal office located at 770 SW 12~" Terrace, Delray Beach, Florida. WITNESSETH: WHEREAS, there exists a need for the installation and upgrading of walkways throughout the Carver Estates complex as well as the purchase of vacant land for single family home development for use by low and moderate income persons; and WHEREAS, there exists funds from the City's Community Development Block Grant CCDBG") Program that may be allocated for the above stated purpose; and WHEREAS, the City and the Agency desire to enter into this Interlocal Agreement to clarify the rights and responsibilities of each party to facilitate the transfer of the CDBG funds to the Agency; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and which each might exercise separately. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree to the following terms and conditions: 1. Recitations: The foregoing recitals are true and correct and are incorporated herein as if fully set forth herein. e Definitions: "City" means the City of Delray Beach, Florida "CDBG' means Community Development Block Grant Program of the City of Delray Beach "CD" means Community Development Division (City of Delray Beach) "The Agency" means the Delray Beach Housing Authority "U. S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. fo Low and Moderate-Income Persons" means the definition set by U.S. HUD "Federal Labor Standards" means the requirements of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 3. Purpose: The purpose of this Agreemem is to state the covenams and conditions under which the Agency will implemem the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percem (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). Provisions regarding the $20,000.00 gram are as follows: (a) The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the proceedings outlined in this agreemem and submit requests for reimbursemem of approved expenses using the cover sheet in Attachmem "A", provided hereto and made a part hereof. Reimbursemem requests should accompany all required reports. (b) Disbursemems will be released only upon the receipt of each required "request for reimbursemem", including all required reports and necessary data (as determined by the City), covering the completed work by the agency's selected general. Payments will be made available within thirty (30) days of receipt of each invoice, following an inspection of the work completed and approval by the CD Administrator and the Director of Community Improvemem. 4. The City shall: a.) Provide $20,000 from FY 2001-2002 CDBG funds for installation and upgrading of walkways throughout the Carver Estates complex from October 1, 2001 umil September 30, 2002 b.) Provide $250,000 from FY 2001-2002 HOPE 3 funds toward the purchase of vacant land for single family home developmem and a Community Center. The $250,000.00 shall be transferred to the Agency, or its agem, by December 21, 2001. c.) Provide technical assistance upon request and throughout the contract period to assist the Agency in complying with the terms of this contract. This assistance shall include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards); 5. The Agency shall: a.) Award contracts for the installation and upgrade of existing walkways throughout the Carver Estates complex by providing appropriate work write-ups, plans and adequate supervision of construction. Further, the Agency shall secure all necessary bonding and 2 accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City fi.om all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and rehabilitation. b.) retain a licensed general contractor or other appropriate company(s) as determined eligible (by the City's Chief Building Official) to perform the specific work (renovation work) through a competitive bid process (as determined appropriate by the City and the CD Division (award to be reviewed and approved by CD Division); and c.) undertake responsibility for the rehabilitation proceedings and the selected general contractor's work; and d.) ensure that the CD Division is notified on an on-going basis as to the progress of the scheduled work; and e.) submit a monthly progress narrative as to the activity's progress (through completion); and f.) submit requests for reimbursemem of expenses following completion and payment of eligible rehabilitation tasks to the selected general contract/construction company(s) (subject to approval by the CD Coordinator and the Director of Community Improvement) (City will reimburse the Agency for expenses incurred); and g.) ensure that the facility receiving capital improvements will cominue to be operated under its imended use for a period not less than ten (10) years (for federal CDBG purposes) from date following completion of the work. h.) comply with all other federal monitoring and compliance related issues, such as relevam portions of the Davis-Bacon Act. (See Attached Labor Standard Provision) 6. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingem upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreemem or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be processed and all service required hereunder shall be completed by the Agency by September 30, 2002 as it relates to the $20,000.00 gram. As provided above, the $250,000.00 gram shall be transferred to the Agency, or its agem, by December 21, 2001. 7. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreemem, and shall be subject to each provision of this Agreemem. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcomract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreemem, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvemem Director or designee. 8. Records and Reports: The Delray Beach Housing Authority agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all federal requirements. The Agency further agrees to submit upon request other documentation that may later be determined necessary to assure compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. All reimbursements will be processed only following inspection of the work performed (by CD Division staff). The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2002. 9. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 10. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 4 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, the City may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the Agency. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44 by the City. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least one other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the Agency shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the Agency's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Agency in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Severability: If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 19. Entire Agreement: This Interlocal Agreement represents the entire understanding between the City and Agency, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 20. Non-Exclusivity of Remedies: 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. 21. Construction: No party shall be considered the author of this Interlocal Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Interlocal Agreement ~shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof, shall be held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Interlocal Agreement and the same shall remain in full force and effect. 22. Broker: The parties each warrant to the other that no real estate broker or agent has been used or consulted in connection with the transaction contemplated by this Interlocal Agreement. The Agency agrees to indemnify, defend and hold harmless City from and against any claims or demands of any such salesperson, agent, finder or broker claiming to have dealt with the Agency. The foregoing indemnification shall include all costs, expenses and fees, including, reasonable attorney's fees, relating to the defense of any such claim or demand at trial or appeal. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. 23. Assignment: No party to this Agreement may assign this Agreement or any interest herein without the prior written consent of the other party(s), which may be granted or withheld at such other party(s) sole and absolute discretion. This provision shall be construed to include a prohibition against any assignment, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. 24. Default: In the event either party hereto fails or refuses to perform any term, covenant, or condition of this Interlocal Agreement for which a specific remedy is not set forth in this Interlocal Agreement, the parties shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof to the extent permitted by law. 25. Governing Law and Venue: This Interlocal Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be filed and held in a State court of competent jurisdiction located in Palm Beach County, Florida. 26. Binding Effect: This Interlocal Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and permitted assigns. 27. Waiver: No waiver of any provision of this Interlocal Agreement shall be effective against any party hereto unless it is in writing and signed by the party(s) 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. 7 28. Incorporation by Reference: Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Interlocal Agreement in their entirety. -- - 29. Notices: All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: As to the City: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 With a copy to: City Attorney City of Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 As to the Agency: Executive Director Delray Beach Housing Authority 770 SW 12th Terrace Delray Beach, Florida 33444 With a copy to: Robert W. Federspiel 151 N.W. First Avenue Delray Beach, FL 3344~. Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. 30. Filing: A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Delray ~ Signed Authorized Agency ~i~:ial WITNESSES:// CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: (~~Y ATTORNEY AGENDA REQUEST Request to be placed on: __ Regular Agenda Special Agenda __ Workshop Agenda Consent Agenda Date: When: November 14, 2001 November 20, 2001 Description of item (who, what, where, how much): Authorization and approval to execute an agreement with the Delray Beach Housing Authority for funding under the 2001-2002 Community Development Block Grant (CDBG) Program and to partner with the City for property acquisition for single family home development. ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval and execution of attached agreement with Delray Beach Housing Authority. Funding in the amount of $20,000 to come from the 2001-2002 CDBG program account #118-1965-554-63.11 and $250,000 to come from existing HOPE 3 funds account #118-1922-554-61.10. Department Head Signamre:~~~TM City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO~ Funding Alternatives: (if.applic,a_b~le) Account No. & Description: \\~-'~¢5-6~ 4~5~[ I Account Balance: [~- City Manager Review: ~,.._ Approved for agenda: ~2xlO ~ ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff4~ AGENDA ITEM ~'~" ' REGULAR MEETING OF NOVEMBER 20, 2001 RESOLUTION NO. 69-01 NOVEMBER 16, 2001 This is a resolution assessing costs for abatement action required to remove nuisances on eighteen (18) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 69-01. RefiAgmemo.Res.No. 69-01/CE RESOLUTION NO. 69-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the llst attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a llen upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Res. No. 69-01 PASSED AND ADOPTED in regular session on this the · 2001. day o f MAYOR ATTEST: City Clerk Res. No. 69-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT SOUTHRIDGE, LOT 29, BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIA DELACONCEPCION (321 STERLING AVENUE) VILLA TOLEDO PC # 12 43 46 20 13 001 0290 AVEIDA PAEL PARAISO OUST. ID #. 483 CARACAS, VENEZUELA 00038 $ 65.90 -$ 80.00 -ADM. FEE SECTION 17~6-43, S 50 FT OF W 135 FT (LESS W 25 FT RD RNV) OF S 1/2 OF N 1/2 OF LOT 6, ETHEL SCOTT ESTATE PB 1, P 3, PUBLIC RECORDS, 77 2ND STREET PALM BEACH COUNTY, FL FARMINGTON, NY 14425~1086 (1119 NW 1ST STREET) PC # 12 43 46 17 42 006 0090 OUST ID # 92 $ 73.63 $ 8o. oo iAbM.FEE ATLANTIC PARK GARDENS, DELRAY, LOT 20, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF RPI MANAGEMENT CORP PALM BEACH COUNTY, FL 209 NE 95TH STREET, STE 2 (NW 13TH AVENUE) MIAMI, FL 33139 12 43 46 17 18 001 0200 CUST ID # 159 $ 58.18 IA $ 80.00 DM. FEE I LINNS ADD TO OSCEOLA PARK, LOTS 6 & 7, J.W. & ANN T. GWYNN BLOCK 87, PB 1, P 133, PUBLIC RECORDS OF 608 NE 8TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (215 & 217 SE 2ND AVENUE) PC # 12 43 46 16 04 087 0060 CUST ID # 8023 $ 82.63 $ 8000 ADM.FEE ATLANTIC GARDENS, DELRAY, LOT 1, BLOCK 10, PB 14. P 63, PUBLIC RECORDS OF PALM BEACH BRYAN BARRETT COUNTY, FL 481 LAWRENCE ROAD (201 SW 11th AVENUE) DELRAY BEACH, FL 33445 PC# 12 43 46 17 23 010 0010 CUST. ID # 8846 $ 104.53 i~$ 80.00 ADM.FEE Res. No. 69-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SUB 17-46-43, S 50 FT OF N 150 FTOF E 135 FT ELIZABETH SCHILTZ OF S 1/2 OF N 1/2 OF LOT 6/LESS E 25 FT STREET 15581 BENT CREEK ROAD R/O/W, PB 1, P 3, PUBLIC RECORDS OF WEST PALM BEACH, FL 33414 PALM BEACH COUNTY, FL (114 NW 10TH AVENUE) PC # 12 43 46 17 42 006 0010 CUST. ID # 9111 $ 65.90 $ 80.00 ADM. FEE SOUTHRIDGE, LOTS 17 TO 20, INC., BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH NEDWARD EDDINGS COUNTY, FL 11930 NORTH LAKE DRIVE (REIGLE AVE ) BOYNTON BEACH, FL 33436 PC # 12 43 46 20 13 001 0170 CUST. ID# 318 $ 35.00 $ 3500 ADMFEE SOUTHRIDGE, LOTS 17 TO 20, INC., BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH NEDWARD EDDINGS COUNTY, FL 11930 NORTH LAKE DRIVE (REIGLE AVE.) BOYNTON BEACH, FL 33436 PC # 12 43 46 20 13 001 0170 CUST. ID#318 $ 8050 $ 80.00 ADM FEE SUB 17-46-43, S 50 FT OF N 150 FT OF E 135 FT OF S 112 OF N 1/2 OF LOT 6/LESS E 25 FT STREET R/O/W, PB 1, P 3, PUBLIC RECORDS OF ELIZABETH SCHLITZ PALM BEACH COUNTY, FL 15581 BENT CREEK ROAD (114 NW 10TH AVENUE) WEST PALM BEACH, FL 33414 PC # 12 43 46 17 42 006 0010 CUST. ID # 9111 $ 65.70 $ 80.00 ADM. FEE ODMANNS SUB, LOT 12, BLOCK 1, PB 4, P 53, MARIN HAYES ESTATE PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O WILLIE GOODMAN, JR. (20 NW 13TH AVENUE) 687 PENNINGTON AVENUE 12 43 46 17 28 001 0120 TRENTON, NY 08618-3011 CUST. ID# 385 $ 65.90 $ 80.0~0_tADM. FEE Res. No. 69-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, E. WILSON & PB 14, P 63, PUBLIC RECORDS OF PALM BEACH HENRY WILSON COUNTY, FL PO BOX 1676 (142 SW 11TH AVENUE) DELRAY BEACH, FL 33447 12 43 46 17 23 006 0230 CUST. ID # 262 $ 65.90 $ 80.00 ADM. FEE ODMANNS SUB, LOT 18, BLOCK4, PB 4, P 53, E. HARRISON & PUBLIC RECORDS OF PALM BEACH COUNTY, FL LUClLLE HARRISON (40 SW 13TH AVENUE) .901 NORTH "F" STREET 12 43 46 17 28 004 0180 LAKE WORTH, FL 33450 CUST ID#212 $ 58.18 $ 80.00 ADM. FEE ATLANTIC GARDENS DELRAY, LOT 16, BLOCK 8, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH BERTHA PRESTON COUNTY, FL 1001 WEST 3RD STREET (31 SW 11TH AVENUE) RIVIERA BEACH, FL 33404 12 43 46 17 23 08 0160 CUST ID # 508 $ 58.18 $ 80.00 ADM. FEE DELRAY SHORES 1ST ADDITION, LOT 12, BLOCK 12, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH PRONEL DUSSEX COUNTY, FL 104 NATURES WAY (2788 LAKE IDA ROAD) ROYAL PALM BEACH, FL 33411 12 43 46 07 02 012 0120 CUST. ID#8914 $ 58 18 $ 80.00 ADM FEE ~,TLANTIC PARK GARDENS, DELRAY, LOT 13, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF DAISY M. RAY PALM BEACH COUNTY, FL PO BOX 74 12 43 46 17 18 002 0130 LENOX, GA 31637-0074 (17 SW 13TH AVENUE) CUST ID # 74 $ 65.90 ~$ 8000 ADM. FEE Res. No. 69-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, P 3, P 1, PUBLIC RECORDS OF PALM ISECRETARY OF HOUSING & BEACH COUNTY, FL URBAN DEVELOPMENT (2655 DORSON WAY) 909 SE 1ST AVENUE # 500 i 12 43 46 07 02 015 0180 MIAMI, FL 33131 CUST ID # 8389 ~- $ 67.18 $ 80.00 ADM FEE DELRAY SHORES 1ST ADDITION, LTO 18, BLOCK 15, PB 3, P 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING & (2655 DORSON WAY) URBAN DEVELOPMENT 12 43 46 07 02 15 0180 909 SE 1ST AVENUE # 500 CUST ID#7184 MIAMI, FL 33131 $ 67 18 $ 8000 ADM. FEE ATLANTIC PARK GARDENS, DELRAY, LOT 16, BLOCK 1, PB 14, P 63, PUBLIC RECORDS OF BERTHA PALMER PALM BEACH COUNTY, FL 35 NW 13TH AVENUE (35 NW 13TH AVENUE) DELRAY BEACH, FL 33444 12 43 46 17 18 001 0160 CUST ID# 118 $ 58.18 $ 80.00 ADM. FEE VIOLATION IS. SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, _ -- VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. _ I 7 Res. No. 69-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~.~ AGENDA ITEM - REGULAR MEETING OF NOVEMBER 20, 2001 CHANGE ORDER/FINAL PAYMENT/MOTOROLA (800 MHz RADIO SYSTEM} DATE: NOVEMBER 16, 2001 This is before the City Commission to approve a change order/final payment request in the amount of $33,791.93 with Motorola for the 800 MHz Radio System (Smart Zone Manager). The City of Delray Beach, as part of the South Palm Beach County Public Safety Communications Cooperative, contracted with Motorola for the purchase of the Smart Zone Manager (S.Z.M.) for use with the 800 MHz Radio System. The City of Dekay Beach, the City of Boca Raton, and the City of Boynton Beach agreed to share the cost and use of the equipment. On or about November 2000, the City of Boynton Beach dec~ded to purchase their own S.Z.M. to avoid traveling inconveniences (housed in Boca Raton) to access the resource. This increased our share of the S.Z.M. purchase price from one-thard to one-half of the total cost. Funding is available from 334-6112-519-63.22 (800 MHz Radio System). Recommend approval of the change order/final payment wxth Motorola in the amount of $33,791.93. Reft: S:\C~ty Clerk\Clerk\Agmemol 1.Change Order. Motorola. Il.20 01.doc Delray Beach .Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 TO: FROM: DATE: MEMORANDUM David T. Hardin City Manager !~{ David Jungha~- Administrative Serv'~ November 5, 2001 Director RECEIVED NOV CiTY MANAGER SUBJECT: AGENDA REQUEST The requested City Commission Agenda item is to increase the existing Purchase Order number 585952, for the new police and fire radio system. This will be the final payment to Motorola for the new system. Captain Ralph Phillips, from the Police Department, met with you earlier this year in reference to the increase and you verbally approved the expenditure. The increase became a requirement after the City of Boynton Beach purchased it's own Smart Zone Manager System. The purchase of the Smart Zone Manager System by Boynton Beach increased the cost to the two remaining cities, Boca Raton and Delray Beach. Should you or your staff require any additional information, please call me at extension 7852. DJ/rmh DELRAY BEACH POLICE DEPARTMENT TO: FROM: Director David Junghans Administrative Services Captain Ralph J. Phillips, Jr. Director Support Services DATE: November 5, 2001 SUBJECT: MOTOROLA I~zOl~ For your understanding of the need to add additional monies to the radio account in order to close out our bill with Motorola, I submit the following: In the original contract with Motorola, the South County Cooperative, (Delray Beach, Boca Raton and Boynton Beach) agreed to share the cost and use of a piece of equipment called a Smart Zone Manager. The S.Z.M. is a computer tied into the radio system that allows us to change radio user profiles, shut off portable radios, if necessary, and monitor various facets of the radio system. Sometime on or about November of 2000, Boynton Beach decided they would like to purchase their own S.Z.M. to avoid having to travel to Boca Raton to access this resource. I had a discussion with Mr. Harden as to whether Delray Beach would benefit fi.om having our own S.Z.M. for the same reason as Boynton Beach and since the shared cost would be increasing for Boca Raton and Delray Beach. Mr. Harden said we would see how the arrangement with Boca Raton went first and if we determined a need for our own S.Z.M. at a later date, we could consider it at that time. The cost of the S.Z.M. was $144,220.00, divided by three (3) cities or $48,073.33, for Delray Beach. When Boynton Beach bought their own, our share went up by $24,036.66. The $750.00, that Amanda Solomon and Becky O'Connor could not find was listed as change order number two (2) and was for revisions of site plans when we determined we would have to build a different style tower to support the new radio system and cellular providers. Clear Day Page 1 of 1 Phillips, Ralph From: Solomon, Amanda Sent: Friday, November 02, 2001 3:31 To: Phillips, Ralph Ralph: Attached are the numbers. From what I have been able to figure out with Becky, the difference that we owe comes from when we switched all of the Public Safety Radios to Digital instead of Analog, the smartzone manager increase. The Actual document with the breakdown that was submitted to Commission for change order #1 shows and adjustment of $69,468.64, but we only asked for $54,879.64 when we went to Commission. The $69,468.64 includes Highland Beach and Gulfstreams additional cost. They have paid us, however we have to pay Motorola. Then there is the $750.00 I cannot identify. If I can provide additional assistance let me know. I will do what I can to help. Thanks, Amanda 11/5/2001 Motorola Breakdown of Charges Contract Cost Original Contract Price Change Order # 1 Change Order # 2 Additional Cost to Delray For Smartzone Manager Sub Total Return Credit Fire Speaker Mics Orders A.qainst Credits Fire Speaker-Mics Marine Radio Remaining Credit Adjusted Contract Pricing Total Payments Submitted By Delray Beach Balance on Contract Purchase Order Balance Change Order Request $2,973,671.00 $69,468.64 $750.00 $24,O36.33 $3,067,925.97 ($14,820.00) $4,449.60 $4,787.00 ($5,583.40) $3,062,342.57 ($2,676,303.90) $386,038.67 $352,246.74 ($33,791.93) Request to be placed on: X Consent Agenda When: November 20, 2001 Description of agenda item: AGENDA ITEM NUMBER: g~' 1~ AGENDA REQUEST Date: November 5, 2001 Special Agenda Workshop Agenda This request is to increase PlO 585952 to fund the final payment to Motorola for the new Police/Fire radio system. The amount of the required increase is $33,791.93. The increase was verbally agreed to by the City Manager, but has not been before City Counsel. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: Recommendation: , Approval Department Head Signature: Determination of Consistency with ~~lan: YES NO X YES NO X City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes -~)['~ lO( No Funding alternatives (if applicable): Account Number' Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Revie~c. Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM ~'~ CHANGE ORDER (BARRIER ISLAND INFRASTUCTURE IMPROVEMENTS) REGULAR MEETING OF NOVEMBER 20, 2001 #2/FINAL PAYMENT FOR MAN CON, INC. NOVEMBER 16, 2001 This is before the City Commission to approve Change Order #2 in the amount of $ 70,683.08 and final payment in the amount of $88,973.10 to the contract w~th Man Con, Inc. for the Barrier Island Infrastructure Improvements. Change Order #2 consxsts of the final plus/minus quantity adjustments (miscellaneous changes for the original Contract and Change Order #1 that included water main/drainage installation on Pehcan Lane, Andrews Avenue and George Bush Boulevard). Funding ~s avmlable from 448-5461-538.6542 (Barrier Island Storm Drainage). Recommend approval of Change Order #2 to the contract with Man Con m the amount of $70,683.08 and final payment in the amount of $88,973.10. RefiAgmemol 1.Change Order glMan Con Barner Island.11.20.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: SUBJECT: DAVID T. HARDEN City Manager Deputy Director CoflsI('uct/aa.~ DATE: U M www delrayesd com BARRIER ISLAND INFRASTRUCTURE IMPROVEMEMTS, PN 00-48 Change Order #2, Final OCTOBER 29, 2001 Attached for Commission approval is an agenda request for closeout Change Order #2, Final to Man Con., Inc. on the Barrier Island Infrastructure Improvements project (PN 00-48). It is for the final plus/minus quantity adjustments; miscellaneous changes for the original Contract and Change Order # 1 for water main/drainage installation on Pelican Lane, Andrews Ave and George Bush Blvd. Change Order #2, Final is a net add amount of $70,683.08. A request is also made for final payment in the amount of $88,973.10 to Man Con., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 448-5461-538-65.42 (Barrier Island Storm Drainage) CC:File 0048 (A) s\. [0048\agmem110601 S IEngAdmm~Projects1200012000-O48~CONSTRCT~colmem-050101 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 00-48 DATE: PROJECT TITLE: Barrier Island Infrastructure Improvemntts TO CONTRACTOR: Man Con., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide Final plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT/NCREASE THIS CHANGE ORDER 7.7% TOTAL PER CENT INCREASE TO DATE 38.2% $ 730,337.00 $ 184,047.50 $ 914,384.50 $ 70,683.08 $ 985,067.58 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Man Con. Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 448-5461-538-65.42 (Barrier Island Storm Drainage) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services By: Mayor APPROVED: ATTEST: By: City Attomey City Clerk CITY OF DELRAY BEACH BARRIER ISLAND INFRASTRUCTURE IMPROVEMENTS PROJECT No 2000-048 Schedule A- Change Order #2, F~nal Contract [ As BmR Item # De$cra~tlon Est Qty. Umt Unit Price Total Est. Qty Price Bid Total Difference riginal Contract 1 S~t~-I~l~b~l~bon - -- 1 LS $50,000 00 $50,000 00 1 $~0,000 00 $50,000 O0 - __ $0 00 2 Maintenance of Traffic I LS $16,800 00 -~$16,800 00I - $16,800 00 $~6,800 00 $0 00 3 ' Cleanng and Grubbing I LS $27,000 00 $27,000 00 ~ $27,000 0~ $27,000 00 $0~X~ 4 1/2" Type S-Ill AsphaR 2,625 SY $6 30 $16,537 50~,6,636 $~-30 $~6,606 80 --$69 30 5 1" Type S-III Asphalt Overlay 460 --TN $-~9 00 $27,140 00 9~ ~59 00 $53~100 00 - $25,960 00 6 8"L~merock Base 2,650 SY $11 10 , $29,41500 2,661 ~ $11 10 , $29,537 10 $12210 7 ~" ABC-3 Base 25 SY $32 O0 $800 O0 56 $32 00, $1,792 O0 $992 00 8 1" M~lhng/l" Type FC-3 Fncbon Course 935 S~ $13 50 ~$t2,622 50 1,11-8- $13 50 $15,093 O0 $2,470 50 9 Reinforcement Gnd (Geogr~d) ~ 2,650 SY ~4 00 $10,600 00 2,53~- $4 O0 $10.144 00 ($456 00 10 Type 'A' Curb I 350 -- LF --$15 40 $5,390 00 ~5 $15 40 ~- $4,697 00 - ($693 00 Il Type 'D' Curb 435 LF ' $1540 $6,69900 8~9 $1~40 $13,38260 -- $6,683 60 12 2' Valley Gutter 1,650LF $10 O0 -$16,500 O01,64~- '~io 00 $16,480 00 ($20 00' 13 Open Cut Pavement Repair 1,095---LF i $25 00 $27,375 O0 2,45-2 $25 O0 $~1,300 O0 .$~3,925 O0 14 Asphalt Drive Apron 280 SY $27 00 ~7,560 O0 ~21 $27 00 $19,467 00 $11,907 oo 15 Concrete Dnve Apron 375 SY -$29 70 $11,137 50 196 $29 70 $5~21 20 ($5,316 30 16 $' Concrete S~dewalk (4" thick} 605 - LF $15 70 $9,~98 50 492 $1ff70 ~7,724 40 ($1,774 10 17 $' Concrete S~dewalk (6" th~c}~) 40 LF -$21 50 $~60 O0 ~$ $21-~0 '~1,827 50 $967 50 18 Br~ck Paver Driveway Restoration 300 SY $11 40 $3,420 O0 220 $1 ] 40 $2,508 00 ($912 00' 19 Concrete n et Aprons 5 EA $4-50 00 $2,250 00 4 $450 O0 -~1,800 00 ($450 00' 20 Pavement Marktng and S~gnage 1 , LS $2,400 00 ~2,400 00~ $2,4~0 00 $2,400 00 $0 O0 -- Addl striping AIA at VVS Network patches 0 LS ~,000 00 -$0 00 ~ $2,000 00 $2,000 00 $2,000 00 21 ~ Road Swale Grading and Sodding 2,000~ SY $6 90 $13,800 00 2,000 $6 90 $13,800 00 _$0 00 22 Stormwater Type "C" Inlet 3 EA $1,700 00 $5,100 00 3 $1,700 00 $5,100 00 $0 00 ~-3 Stormwater Type 'E" Inlet 1 - EA $2,100 00 $2,]00 00 1 $2,]00 00 , $2,100 O0 $0 00 24 iType 'J' Inlet (3'-45" x 4'-0") FDOT Index 234 2 EA $3,000 00 $6,000 00 2 $3,000 00 $6,0O0 O0 $0 00 25 Type 'J' Inlet (3'-6" x 6'-0") FDOT Index 234 2 EA $3,600 O0 $7,200 00 2 $3,600 00 , $7,200 00 $6 O0 26 Stormwater Manhole 2 EA $2,950 00 $5,900 O0 2 $2,950 00 $5,900 00 $0 00 27 15" Reinforced Concrete P~pe 65 LF ~46 00 $2,990 00 60- $46 00 $2,760 00 ($230 00' 28 18" Ro~nforco~ Concrete Pipe 750 LF $48 00 $36,000 O0 73~ $48 00 $35,472 00 ($528 O0' 29 24" Re~nforced Concrete P~pe 5OO LF ~ $61 00 $30,500 O0 482 $6i 00 $29,402 00 ($1,098 Off ~0 18" HDPE Outfall Pipe 50 LF ~$100 00 $5,000 00 58 $l-00 O0 $5,800 O0 $800~ 3] 24" HDPE Ouffall P~pe ~-- 152 ~-EF $110 O0 $~6,720 00--0 $~10 00 $0 00 ($]6,720 off 32 Corehole Ex~st Concrete Bulk Head 2 EA $6,300 00 $12,600 00 I $6~00 00 $6,300 00 ($6,300 00' 33 18" Flap Gate Valve I EA ~,900 00 $1,900 O0 0 $1,900 00 $0 00 ($],900 ~ 34 124" Flap Gate Valve 1 EA $2,100 00 ~,100 O0 --0 $2,100 00 $0 O0 ($2,100 00' 35 Remove Ex,st Drainage Structures 9 ~EA $480 00 $4,320 00 ~0 $480 00 $4,800 00 $480 00 36 Remove Ex,st Drainage P~pes 685 , LF $7 00 $4,795 00 772 $7 O0 $5,404 O0 $609 00 3? Plug Ex,st 8" CI Storm Outfall P~pe I LS $~,200 00 $1,200 00 I $1,?~00 00 $1,200 00 $0 00 38 Plug Ex, st 18" CMP Storm P~pe I-- LS $],560~ $1,560 00 ~ $1,560 00 $1,560 O0 $0 O0 39 Cut and Pku' Ex~st~ng Storm Draalage P~pe 3 EA $660 O0 $1,980 003 5660 O0 $1,980 Oo $0 00 Patch around p~pe at Harbor Dr outfall 0 LS $2,434 99 : $0 00 1 , $2,434 99 $2,434 99 $2,434 99 -- P~peburst outfall at Harbor Dr {in heu of cony dig-up) 0 _ LS $25,652 92 ~ $0 00 1 ~ $25~652___ 92 $25,652 92 $25-,652 92 40 $" PVC (C-900) Water Ma~n 440 LF $28 50 $12,540 00 478 $28 50 $t3,623 00 $1,083 00 41 ~" DIP Water Ma~n 190 LF $34 00 $6,460 oo 217 $34 O0 $7,378 O0 $918 00 42 8" PVC (C-900) Water Ma~n 1,705 LF $32 00 $54,560 O0 1,685 $32 O0 $53,920 00 ($640 Off 43 B" DIP Water Ma~n 80 LF ~ ~2 00 $3,360 O0 6~ $42 O0 ~2,856 00 ($504 off 44 $" Gate V~lve 4 EA $600 O0 $2,400 O0 4~- $~00 00 $2,400 00 $0 00 45 8" Gate Valve 4 EA $826 00 -$3,304 O0 ---6 $~26 00 $4,956 00 $1,--652 O0 46 B" X 6" Wet Tap & 6" G V 3 EA $2,10000 $6,30000 2 $2,10~ 00 $4,~,200 O0 ($2,10000' 47 10" X 8" Wet Tap & 8" G V I EA $3,~00 00 --$3,OO0 00 2~ $3,0~ O0 $6,00O 00 $~,000 00 48 F~re Hydrant Assembly 4 EA 12,800 O0 ~11,200 Oo~4 $2,800 O0 $~ 1,200 00 $0 00 49 Relocate Ex st~ng F re Hydrant I EA $~,300 00 $1,300 00 I $1,30~00 $1,300 00 $0 00 50 i Ra~se Ex~stmg 8qnch Water Ma~n 1 I LS $~,200 00 $2,200 00 0 $2,200 00 -- $0 O0 ($2,200 00' 51 Fill & Flush Assembly 7 I EA $650 00 $4,550 007 $650 O0 $4,550 00 $0 00 52 Sample Point 9 EA $203 00 -- $1,827 00 1 i-- $203 00 ~$2,233 00 - $406 00 53 Connect to Ex~sbng Water Ma~n 10 EA $1,~-0 00 , $11,000 O0 1~ i $1,¥00 00 $11,000 00 $0 00 54 Water Services (single) 33 EA ~640 00 ' $21, ]20 00 5 $640 00 $3,200 00 ($17,920 00' 54a 1 1/2" Water Servmes 0 EA $721 O0 $0 0038 $721 00 $27,398 00 $27,398 00 54b 2" Water Service 0 EA $721 oo $0 00 1 $721 O0 $721 O0 $721 00 55 Water Services (double) 5 EA $835 O0 ---$4~,175 00 ~- $835 O0 $0 00 ($4,175 Off 56 3/4" Water Service to Serve Island 3 EA $663 00 $1,989 O0 3 $663 00 $1,989 00 $6 00 57 - 2" Terminal Blow-off 2 EA $721 69 --$1,442 O0 5~ $~21 00 ~3,605 O0 $2,163 00 58 Remove Ex~sbng Water Mains I 1,950 LF $1 O0 $1,950 00 1,670 $1 00 ~$1,670 00 ($280 00' 59 Cut and Plug Ex~sflng Water Mains ---- 3 EA $5-00 00 $1,500 O0 ~4 $50~-00 - $2,000 00 $500 00 60 Sandary Manhole (0-6' Cut) 1 EA $2,700 00 $2,?00 00 I-- $2,?00 O0 $2,700 00 $0 00 61 S_a_mtary Manhole (~'_ _C_u_t_) .... 2 -- EA ~3,5~50 O0 $7,11DO O0 2 $3,~50 00 $7~,100 00 $0 00 CITY OF DELRAY BEACH BARRIER ISLAND INFRASTRUCTURE IMPROVEMENTS PROJECT No 2000-048 Schedule A- Change Order #2, Final Contract ] As Built 62 ~8" PVC (SDR 35) Sanflary Sewer Pipe (6' - 8') 720J, LF $44 OOt $31,650 00 714~ $44 00 $31,416 00 ($264 OO ¢~--',~l"~c~cg00)~amtarySe~rP~pe~6'-8')-~ 40 LF $5000 $2,00000- 4~ $5000 $2,10000 $100OO lg EA $600 OO $10, g00 0018 $600 OO $10,g00 OO $0 OO 65_~ C~oenouts(ras~dont~al) 1 g EA $400 00 $7,200 OOI g $400 OO $7,200 OO $0 OO ~-~ ~ atS~ ~+~ rote L§ ~, 1 LS $7,500 OO $7, S00 OO1 $7,5OO 00 $7,5OO 00 $0 00 67 -4 R~construet eamta~y Sawer Lateral I EA $1,900 OO $1,900 OO 3 $1,900 00 $5,700 OO $3,800 OO 68 Abandon Ex,st 8" Sanitary Sewers an0 Manholes I LS $5,000 00 $5,0OO 00 I $5,O0O 00 $5,OO0 OO $0 OO 69 ~Bypas$ Pumping Operabon 1 LS $4,0OO OO $4, OO0 00 I $4,000 00 $4,000 00 $0 OO 70 Support Ubhty Pole 4 EA $600 00 $2,400 OO 4 $6OO 00 $2,400 oo $o oo 71 ProJect 10ent~eat~on S~gn 1 EA $1,100 OO el,leo OO 1 $1,100 OO $1,100 OO $0 OO 72 I Survey Equipment 1 LS $12,0OO 00 $12,000 OO 0 $12,000 00 $0 00 ($12,oo0 00 7~-I ~/ideo AIIowane~ 1 LS $1,0OO 00 $1,000 00 0 $1,000 OO $0 OO ($1,0OO OO 7~ ! Ut~hty Altowanc~ 1 LS $20,00O 00 $2O,O00 00 0 $20,00O OO $6 00 ($20,0OO OO Mod to La~nge t ~M t~e 0ua t6 location of exm~tng 10" V~vl 0 LS $2,071 12 $0 00 1 $2,071 12 $2,071 12 $2,071 12 t Addl pawns rew$~ons east end of Harbor Drive 0 LS $3,737 50 $0 OO I $3,737 5o $3,737 50 $3,737 50 A001 cleanup/asphalt patching Wsta Del Mar Drive 0 LS $1,183 39 $0 OO 1 $1,183 39 $1,153 39 $1,193 39 Rape~r ex~st~ng Forc~ Mum at island Dnva Bn0ga 0 LS $2,064 09 $0 OO I $2,064 09 $2,064 09 $2,064 09 Install eonfhct samtary lateral ~ E-Inlet Harbor Dr 0 LS , $1,935 21 $0 OO 1 $1,938 21 $1,93g 21 $1,938 21 Ad01 grad~ng/pevament removal Island Dr, Andrews and lngraham 0 LS $2,281 61 $0 OO 1 $2,281 61 $2,281 61 75 Landscaping Allowance I LS $12,000 00 $12,000 OO 0 $12, OO0 OO $0 OO ($12.0OO OO -- Spnnklor repe~rs 0 LS $3,692 65 $0 OO I $3.682 65 $3,682 65 $3,682 65 76- Indemnification I L$ $10 OO $10 OO I $10 OO $10 OO $0 OO Subtotal $730,337 OO $792,530 0g $62,193 08 Change Order #1 Gee Bush Blvd Drainage ~ Site Mob~l~zatmn/Demobd~zaflon I LS $11,000 OO $1 I.OO0 OO I $11,0OO OO $11,000 OO $0 00 2~ Maintenance of Traffic I L$ $3,8OO 00 $3,800 O0 I ~ $3,800 00 $3,800 00 $0 00 3 Cleanng and Grubbing 1 LS $6,200 00 $6,200 OO 1 $6,200 00 $6,200 OO $0 00 5 1" Type e-Ill Asphalt Overlay 245 TN $59 OO $14,455 OO 330 $59 OO $19,470 00 $5,015 00 13 Open Cut Pavement Repe~r 650 LF $25 00 $16,250 OO 1,109 $25 00 $27,725 00$11,475 00 14~ Asphalt Onve Apron goo SY $27 00 $21,600 OO 670 $27 OO $1 $,090 00 ($3,510 OO 16a 5' Concrete S~dewalk (4" thick) 10 LF $15 70 $157 00 0 $15 70 $0 OO ($157 20a Pavemenl Marking and S~gnago 1 LS $2,OO0 OO $2,0OO 00 I $2,000 00 $2,000 OO $0 00 ~- Road Swale Grad~r~g and Soddtng 425 ' SY $6 90 $2.932 50 1,500 $6 90 $10,350 O0 $7,417 50 ~- Stormwater Type 'E" Inlet 1 EA $2,10000 $2,100 OO 1 $2,10000 $2,100 OO $000 ~- Stormwater Type "E' Inlet wlconc we~r I EA $3,OO0 00 $3,000 OO I $3,000 OO, $3,000 OO $0 00 26 Stormwater Manhole 2 EA $2,950 OO $5,900 OO 2 $2,950 O0 $5,900 OO $0 O0 29 24" Reinforced Concrete P~pe 592 LF $61 00 $36,112 OO 55[ $61 00 $35,441 00 ($671 00 29a Connect to Ex~stmg Ormnage I LF $990 00 $990 OO 2 $990 OO $ I,gg0 00 $990 00 ~-b U-type Endwall wig grate and baffle (FDOT Index 261) 2 EA $900 OO el.goo 00 --~ - - $900 00 $900 00 ($900 00' 4" PVC (C-900) Water Man~ 180 LF $2750 $4,95000 183 $2750 $5,032 50 $8250 4~ 8" PVC (C-900) Water Ma~n 560 LF $32 00 $17,920 00551 $32 OO $17,632 OO ($288 4~ $" Gate Valve 1 EA $600 00 * $600 OO 1 $600 OO $600 OO $0 00 45-- 8" Gate Valve ] EA $826 00 $g26 00 I $826 00 $826 OO $0 00 46 $" X 6" Wet Tap & 6" G V 2 EA $2, I OO 00 $4.200 OO 2 $2,100 00 $4,200 OO $0 OO 48 Rte Hydrant Assembly 1 EA $2,800 ~ -- $2,800 OOI $2.800 00 $2,800 00 SO OO ~- Fdl & Flush Assembly 2 EA $650 00 $1.300 00 2 $650 00 $1,300 OO $0 00 ~- , Sample Po.ut __ 3 EA $203 00 $609 00 3 $203 oo $609 00 $0~ 53 Connect to Ex~stmg Water Mare 2 EA $1,100 OO $2,200 OO 2 $1.100 OO $2,200 00 $0 OO 54 Water Services (s~ngle) g EA $640 OO $5,120 OO0 $640 OO $6 OO ($5.120 00' 54a 1/2" Water Services 0 EA $721 00 $0 OO 5 $721 00 $3,605 00 $3,605 OO ~-4b 2" Water Service 0 EA $721 00 $0 OO I $721 00 ~---- $721 OO $721 00 55 Water Serv/ces (double} 3 EA ' $835 00 $2,505 OO ! ~835 00 5835 O0 ($1,670 O0 ~ 2" Terminal Blow-off I EA $721 00 $721 00 I $721 00 $721 00 $0 OO 2" A~r Release Valve and Vault I LF $3,500 00 $3,500 00 1- $3,500 00 $3,500 OO $0~ ~3 'V~ I LS $5OO OO $5OO 00 0- $5O0 00 $0 00 ($SOObO' wance ~1 LS $5,OO0 OO $5.OO0 00 0 $5,000 OO $0 OO ($5.000 go' mg Altowance I LS $3,0OO 00 $3,0OO OO 0 $3,OOO OO $0 OO ($3,OOO 00' _ Subtotal $184,047 50 $192,537 50 $8,490~ Tolal Original Contract a.d C O #1 ~__~__~ $914,3g4 50 $9g~,067 eS Change Order~2,'~Final Agenda Item No. ~ Request to be placed on: AGENDA REQUEST Date: November 14, 2001 ---X----Regular Agenda __ Special Agenda __ Workshop Agenda When: November 20, 2001 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #2, Final to Man Con, Inc. on the Barrier Island Infrastructure Improvements project (PN 00-48). It is for the final plus/minus quantity adjustments; miscellaneous changes for the original Contract, and Change Order #1 for water main/drainage installation on Pelican Lane, Andrews Ave and George Bush Blvd. Change Order #2, Final ~s a net add amount of $70,683.08 A request is also made for final payment in the amount of $88,973.10 to Man Con, Inc A Contractor Evaluation form is attached for your review. Funding Source is 448-5461-538-65.42 (Barrier Island Storm Drainage) ORDINANCE/RESOLUTION REQUIRED. Not required. Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable): Account No. & Description Account Balance ~ City Manager Review: Approved for agenda: ~l~/NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\..30043~agreq 1122001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ITY MANAGER ,.,./ AGENDA ITEM # 6/'/' - REGULAR MEETING OF NOVEMBER 20, 2001 REVIEW OF APPEg I JABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 16, 2001 Attached is the Report of Appealable Land Use Items for the period November 5, 2001 through November 16, 2001, it informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo.Appealables. 11-20-01 TO: DAVID T. HARDEN, CITY MANAGER THRU: P~UL DORLING,~I)IRECTOR OF PLANNING AND ZONING FROM: tASMIN ALLEN, PLANNER / SUBJECT: ~ MEETING OF NOVEMBER 20, 2001 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER $, 2001 THRU NOVEMBER 16, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 5, 2001 through November 16, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) 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: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved with conditions (6 to 0, Sneiderman stepped down), a request for a color change for ABC Carpet & Home, located on the east side of Congress Avenue, south of Atlantic Avenue (777 South Congress Avenue). B. Approved (5 to 1, Eliopoulos dissenting, Sneiderman left the meeting), a request for a fiat wall sign (Charles Schwab) to be placed centered on the 4th floor of the commercial building in the Town Square complex, located at the southeast corner of NE 5th Avenue (southbound Federal Highway) and NE 1st Street (55 NE 5t~ Avenue). City Commission Documentation Appealable Items Meeting of November 20, 2001 Page 2 C. Approved (6 to 0), the architectural elevation plan associated with fagade changes at the Bonnie & Son Storage Building, located on the east side of Congress Avenue, approximately 894 feet north of Marty Fladell Drive (235 North Congress Avenue). D. Approved (6 to 0), a Class II site plan modification associated with the conversion of a retail bay to a restaurant and the addition of 2,786 sq. ft. of outdoor seating for Fusha Restaurant, within the Ocean City Lumber Company, located at the southeast corner of Pineapple Grove Way and NE 1st Street (220 NE 1st Street). E. Approved with conditions (6 to 0), a Class II site plan modification and landscape plan associated with the conversion of the former Piccadilly Circus Restaurant to a proposed restaurant and retail store for Longhorn Steakhouse & Mattress Discounters within the Plaza at Delray, located at the northwest corner of South Federal Highway and Linton Boulevard (1560 South Federal Highway). The Board denied on a 5 to 1 vote (Dabney-Battle dissenting), the architectural elevation plan. F. Approved with conditions (6 to 0), a Class IV site plan modification and landscape plan associated with a 7,172 square foot automobile sales and service building addition for Morse Kia, located at the northwest corner of South Federal Highway and Fladell's Way. The Board denied on a 5 to 1 vote (DeCapito dissenting), the architectural elevation plan. G. Approved with conditions (5 to 0, DeCapito stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a new two-story 36,062 square foot light industrial building for Delray Park of Commerce-Tract C, located on the east side of NW 17th Avenue (Park of Commerce Boulevard), south of Fountain's Way. The site plan was previously approved on January 19, 2000, however as the development did not reach the required completion threshold of 25% of the cost of improvements by July 19, 2001 the site plan expired and a new site plan application required. Concurrently, the Board denied (5 to 0) a request for a waiver to allow more than 10 continuous parking spaces without a landscape island. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a two wall signs for the Community #6 Food Stores, located at the southeast corner of NW th 5 Avenue and Martin Luther King Jr. Drive (139 NW 5th Avenue). 2. Approved (7 to 0), a request for a Certificate of Appropriateness associated with minor exterior alterations, change in roof material, exterior paint colors and a free- City Commission Documentation Appealable Items Meeting of November 20, 2001 Page 3 standing sign for Sundy Harvest, located on the south side of SE 1st Street, east of Swinton Avenue (10 SE 1st Street). No other appealable items were considered by the Board. The following item will be forwarded to the City Commission for action. Recommended approval (5 to 1,Simon dissenting, Bodker abstained), of a waiver request to LDR Section 4.1.4(C), which requires the combination of adjoining lots of record which do not individually meet minimum lot requirements and were under the same ownership as of October 18, 1994, for Lot 20, Subdivision of Block 65, located on the west side of NE 1st Avenue, north of NE 3rd Street (334 NE 1st Avenue). o Approved (6 to 0, McDermott absent), a request for a Certificate of Appropriateness to allow the demolition of a non-contributing structure located at 315 SE 7th Avenue (east side of SE 7th Avenue, south of SE 3rd Street). Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of a freestanding sign at 20 South Swinton Avenue, a proposed retail bakery, located on the west side of South Swinton Avenue, south of West Atlantic Avenue. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of a wall sign at 16 East Atlantic Avenue (fka 32 Degrees), located on the south side of East Atlantic Avenue, east of Swinton Avenue. Approved (6 to 0), a request for a Certificate of Appropriateness for exterior color changes for Toussaint L'Ouverture High School, located at the southeast corner of NE 1st Street and NE 1st Avenue (95 NE Ist Avenue). No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- November 20, 2001 GULF STREAM BL VD ~: LAKE IDA ROA ~- ...... ~ r ...... _ '--'"1 j~ i ~ ....... _r-'- . ,. , i AvEnUE ,_. ....... :,. YEST 1 1/2 MILES 1'0JOG RD I U~/TO~/ i ' ' I-~ =' i IlL .................................................. L-38 CANAL N W 2ND .ST .S W 2ND ST SW UNTON C-15 CANAL S.P.R.A.B.: A. ABC CARPET & HOME B. TOWN SQUARE C. BONNIE & SON STORAGE BUILDINGS D. FUSHA RESTAURANT E PLAZA A T DELRA Y (LONGHORN S TEAKHOUSE AND MATTRESS DISCOUNTS) F. MORSE KIA G. DELRA ¥ PARK OF COMMERCE TRACT "C" H.P. Bo: 1. COUMMUNITY fi: 6 FOOD STORES 2. SUNDY HARVEST 3 315 S.E. 7THAVENUE 4 20 S. SWINTONAVENUE 5. 16 E. ATLANTIC AVENUE 6. TOUSSAINT L'QUVERTURE HIGH SCHOOL ......... CITY LIMITS ......... ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - D~GITAL BASE t, t4P SYSTEM - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~J~cITY MANAGER SUBJECT: AGENDA ITEM ~.~'- REGULAR MEETING OF NOVEMBER 20, 2001 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 16, 2001 This is before the City Commission to approve the award of the following bids and purchases: Bid award to Atlantic Painting & Sandblasting in the amount of $42,010 for repainting of the steel surfaces within Treatment Unit No. 4 at the Water Treatment Plant. Funding is from 442-5178-536-46.90 (W&S Repair & Replacement). Bid award to Dural Ford for the purchase of two (2) Ford Crown Victoria Police Vehicles in the amount of $49,486 under the Florida Sheriff's Association & Florida Association of Counties Bid Specification gel. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). Bid award under the Boca Raton Cooperative bid gt2000-08 in the amount of $144,177 to American LaFrance Medic Master for a replacement paramedic rescue unit. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). Purchase award to Kemper Insurance for general liability, auto liability and public official's liability insurance with policy limits of $1 million deductible and $5 million excess insurance above the deductible, in the amount of $78,900 for one year. Funding is available from 551- 1575-591-45.10 (General Liability). Recommend approval of the above bids and purchases. RefiB~d. Agrnemo. 11.20.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: SUBJECT: DATE: C. Danvers Beatty, P.E. / .,,2~ Deputy Director of Util REPAINTING OF STEEL SURFACES TREATMENT UNIT NO. 4 WATER TREATMENT PLANT PROJECT NUMBER 2002-001 November 14, 2001 Attached is an agenda request, location map and tabulation of Bids for the subject project. The firm of Atlantic Painting & Sandblasting is the apparent lowest responsive bidder with a total proposal of $42,010.00. This project consist of the surface preparation and repainting of the steel surfaces within treatment unit No. 4 at the Water Treatment Plant. Based on their proposal and satisfactory references, we are recommending award of the project to Atlantic Painting & Sandblasting in the total amount of $42,010.00. Funding will be from 442- 5178-536-46.90, Other Repair & Maintenance (budget transfer is attached). If acceptable please place this item on the November 20, 2001 meeting for consideration by the City Commission. CDB/cdb Att: 1 CC: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Water Treatment Plant Manager Victor Majtenyi, Asst. Construction Manager llESSRVOO2[DEP4RTMENT$1Eng4dmiMProjectsl2OO2~2OO2-OOliOFFICIALL4GENDA MEMO doc o o ol 0 0 o o o o c3 o 0 0 o o c3 0 o 0 o o o cO o ~ ~ o ~ o o [~ ,-- , WATER TREATMENT P~T 200 S.W. 6TH ST. O~ of DELRAY BEACH WA~R mEAmENT PLANT DA~:~/14/O, ~~ ~ ~~ CLARIFIER ~4 REHABILITA~ON ~~A~~~~~ 2001-200 1 OF 1 Agenda Item No. g.~'/ AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: November 14, 2001 When: November 20, 2001 Description of item (who, what, where, how much): Requesting Commission Award a contract to Atlantic Painting & Sandblasting in the amount of $42,010.00 for the surface preparation and repainting of the steel surfaces within treatment unit No. 4 at the water Treatment Plant. Atlantic Painting & Sandblasting is the lowest responsive bidder for the project. Funding is available from Renewal and Replacement Account No. 442-5178-536-46.90 (Other Repair & Maintenance) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the contract to Atlantic Painting & Sandblasting in the amount of $42,010.00. Department head signature: ~C~~ '~/%~''~! Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: YES/NO N.A. Funding alternatives: (if aplolicable) Account No. & Description Account Balance6~?~;~ ~ b~/.~6 City Manager Review: ~/~ /~ / Approved for agenda: NO~/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved %ESSRV002\DEPARTMENTS\EngAdmin\Projects~2002~002-001 \OFFiCIAL\agenda .doc TO: FROM: SUBJECT: DATE: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting November 20, 2001 Bid Award - Police Patrol Vehicles November 13, 2001 Action '" City Commission is requested to approve a bid award to Duval Ford under the Florida Sheriff's Association and Florida Association of Counties bid specification #1 for two (2) Ford Crown Victoria police package vehicles in the amount of $49,486. Funding is available in the City Garage Vehicle Replacement account number 501-3312-591-64.20. BackRround Staff is proposing the purchase of two (2) Ford Crown Victoria police package vehicles. These are replacement vehicles. One will replace vehicle # 1724, 1997 Crown Victoria, with a blown engine. This vehicle is on the replacement list for the current fiscal year. The other vehicle purchase will replace vehicle #1130, 2001 Crown Victoria, that was totaled in a wreck approximately two (2) weeks ago. Part of the costs for this vehicle will be recouped through insurance proceeds and the garage account will be reimbursed. The purchase price includes required options as well as an extended warranty. Recommendation Staff recommends the purchase of two (2) Ford Crown Victoria police package vehicles from Duval Ford under the Florida Sheriff's Association and Florida Association of Counties bid specification #1 in the amount of $49,486 with funding to come from account #501-3312-591-64.20. RAB/tas Cc: Bill Darty File:u swccney/agcnda Doc-Agenda for Police Patrol Vehicles I 1-13-01 RECEIVED HOV 6- 7001 CiTY MANAGER ADMINISTRATIVE SERVICES MEMORANDUM SUBJECT: DATE: David T. Harden, City Manager o~ert A. Barcinski, Assistant City Manager Replacement Two (2) Police Patrol Cars November 6, 2001 I would like to proceed with replacing police patrol car #1130 which was wrecked last week as well as vehicle #1724 a 1997 Crown Victoria that would be on this year's replacement list. This vehicle needs a new engine. Attached is the pricing and option information I received from Bill Darty. Need your approval then I'll prepare for agenda approval. RAB/tas Cc: Chief Schroeder Bill Darty David Junghans File:u:swccney/pwgarage Doc:Memo to DTH re replacement two police cars To: From: Date: Subject: Robert A. Barcinski, Assistant City Manager Bill Darty, Fleet Maintenance Superintendent~J November 5, 2001 PATROL CAR REPLACEMENT COST Police cruiser 1724 has a bad engine. It was due for replacement this year with 83,633 miles and a 105% LTD cost. To replace it off the 2002 Florida Sheriffs Contract is as follows. $19,392.00 for 2002 Police Interceptor, $170.00 for spot light, $40.00 to disable rear door locks and handles, $216.00 for push bumpers, $91.00 for headlight flashers, $15.00 to disable dome light, $60.00 for truck release on ignition power, $588.00 for setina partition, and $4485.00 for 5/75 extended warranty. This is a total contract price of $25,057.00. An additional $389.00 for hard-seat, $79.00 for door panels, $2,521.00 for light package, $650.00 labor for lights, and $289.00 for stripes. This is a grand total of $28,995.00. Police cruiser 1130 was wrecked. Innercity auto appraiser looked at it Friday. They are completing the paper work this week but it looks to be a total loss. Florida Sheriffs Contract for the car is $19,392, $170.00 for spot light, $216.00 for push bumpers, $91.00 for headlight flashers, $15.00 to disable courtesy light, $60.00 for ignition powered trunk release, and $4485.00 for 5/75 extended warranty. This is a total contract price of $24,429.00. An additional $480.00 for damaged lights, $650.00 labor to install lights, and $289.00 for stripes. This is a grand total of $25,847.00. ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting November 20, 2001 Bid Award - Paramedic Rescue Unit DATE: November 14 2001 Action City Commission is requested to approve a bid award under the Boca Raton Cooperative bid number 2000-08 in the amount of $144,177 from American LaFrance Medic Master for a replacement paramedic rescue unit. Funding is available in the City Garage Vehicle Replacement account 501-3312- 591-64.20. Background Attached is a memorandum from Chief Koen requesting that we proceed with the replacement of a 1993 International Heavy Duty Rescue vehicle at this time under the Boca Raton cooperative bid. The vendor has agreed to honor prices from the year 2000 bid until December 31, 2002. If we order this vehicle now, we anticipate delivery around June 2002. The price noted above is slightly higher than the amount indicated in the Chief's memo due to adding option 3-6 aluminum alloy rims, which are required on this vehicle by the manufacture due to vehicle weight. Recommendation Staff recommends approval of the purchase of a paramedic rescue unit under the Boca Raton Cooperative bid number 2000-08 in the amount of $144,177 from American LaFrance Medic Masters with funding to come from the City Garage Vehicle Replacement account 501-3312-591-64.20. RAB/tas Cc: Chief Koen Bill Darty File:u swecney/agenda Doc. Bid Award - Paramedic Rescue Unit I:ITY OF DELAI:IY BEI:II:H NOV 6- ?O01 CITY MANAGER FIRE DEPARTMENT DELRAY BEACH lI.America CiI 1993 MEMORANDUM SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH TO: David Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: October 31,2001 SUBJECT: Purchase of Replacement Rescue Unit I am requesting your approval to proceed with the purchase of one replacement Paramedic Rescue Unit in the amount of $142,550 from the current City of Boca Raton, cooperative Bid No. 2000-008. The requested unit will be a duplicate of the unit acquired and placed in service during the last fiscal year and includes options (3-4) Air Filter Purification System; (3-7) Robinson Roll-Up Aluminum Compartment Doors; and (3-8) Full Chassis Extended Five (5) Year Warranty. The requested apparatus will replace unit number 9367, a 1993 International Heavy Duty Rescue Vehicle, which has current mileage of 91,097, and a life-to-date maintenance cost of $44,229. This replacement cycle corresponds to both the FY 2000 Fleet Inventory and Replacement Schedule, as well as the recently adopted CIP budget. We are not recommending acceptance of a trade-in allowance for the existing unit, as we would like to retain this apparatus for other departmental usage in the area of community service programs and activities. As you will recall, we thoroughly analyzed and compared the unit available through our current joint purchasing cooperative and the rescue unit available through the Florida Sheriff's Assn. Bid process. That analysis revealed significant differences between the two units, and with your approval we proceeded to award the bid to American LaFrance Medic Master. That firm has agreed to extend the price in the above referenced bid through December 31, 2002. A copy of their offer to extend the price is attached. If a purchase order is issued in November, delivery and payment would be anticipated in June, 2002. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 ° FAX (561) 243-7461 Printed on Recyc/ed Paper Purchase of Replacement Rescue Unit October 31, 2001 Page -2- The price extension is advantageous to Delray Beach, Boca Raton and Highland Beach, who will collectively be purchasing four (4) units this fiscal year, by avoiding the normal and anticipated annual industry price increases, as well as the administrative cost of the bidding process. The Highland Beach unit will be part of our operational fleet replacing a 1993 unit assigned to Fire Station No. 6. The equipment will be acquired directly by them, however, we will be the accepting agency, and responsible for placing the equipment in service. Kerry B. Koen Fire Chief Attachments: (4) · Letter to Extended Price from Vendor · Price Proposal Form - Joint Bid 2000-008 · Fleet Inventory and Replacement Schedule - 2000 · Equipment Schedule - CIP KBK/cls cc; M.B. Wigderson, Asst. Fire Chief Robert Barcinski, Asst. City Manager Bill Darty, Fleet Manager MEA ORANDEA/ To.' From: Date: Subject: Robert A. Barcinski, Assistant City Manager ~,~ Bill Darty, Fleet Maintenance Superintendent November 13, 2001 RESCUE UNIT REPLACEMENT In response to the request to proceed with the purchase of the new rescue, I do not see any problems other than the total cost. I have spoken with Chief Wigderson, and option 3-6, (5) five 19.5 inch aluminum alloy rims @ $1627.00 needs to be added to the total for a new total of $144,177.00. These rims are needed due to the use of the heavy front axle and brakes. This option is also on our current Medic Master Rescue. I recommend that we proceed as requested. F~O~ ~ ~OB IUE¥ F~× NO. : ~0~ 220 American LaPrance MedlcMasTer 700 Aero Lane Sanford, Flonda 3277! phone. (800) 292 23/6 lax (8001 S42-7895 emad medicn~st@bellsou~h net March 21, 2001 Lynn Kunkel, CPPB City Of Boca Raton 201 West Palmetto Park Road Boca Raton, Florida 33432-379S RE: Extension Of RFP 2000-008 Pricing American LaFrance MedicMaster will extend the prices offered in chis RFP to December 3!, 2002. It has been a honor for American LaFrance I~lediclqaster to provide emergency medical vehicles for your city. If I can be of further assistance please call me at !-800-292-2376. Yours truly, Bob Ivey Regional Sales Manager CC Marc Lands, Assistant Chief Michael Wlgderson, Assistant Chief Request to be placed on: x Regular Agenda When: November 20, AGENDA REQUEST 2001 Special Agenda ' Agenda Item No: Workshop Agenda Descriptmn of agenda item (who, what, where, how much): City Commission is requested to approve a bid award under the Boca Raton Cooperative bid number 2000-08 in the amount of $144,177 from American LaFrance Medic Master for a replacement paramedic rescue unit. Funding is available in the City Garage Vehicle Replacement account 501-3312-591-64.20. ORDINANCE/RESOLUTION REQUIRED YES/NO Recommendation: Draft Attached: YES/NO Department Head Signature: ~~ ~ Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:(~O~ Funding alternatives: Account No. & Description: Account Balance: [ t~5,~%r/.rl 0 City Manager Review: Approved for agenda: ~/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved (if applicabl~ !~! EI~ORAN D UM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Joseph M. Saffo~~e Director November 14, 2001 Agenda Request - Award of Third Party General and Auto Liability Insurance Coverage The City Commission requested we review the City's general, auto and public official's liability and the City's current policy of self-insuring these exposures. A review was done and the findings presented at the City Commission Workshop of November 13,2001 (copy attached). At that Workshop, the City Commission directed that we place approval to award Kemper Insurance the insurance for general liability, auto liability and public official's liability with policy limits of a $1 million deductible and $5 million excess insurance above this deductible. The annual cost per policy year will be $78,900. The policy year will begin on October 1, 2001. Funding to be transferred from Project Reserve and Liability Claims to account code 551-1575-591-45.10. JMS/sdl Attachment JMS~aemos\insurance.doc £._T. ¥. To: From: Date: David T. Harden, City Manager Jo'seph -M.~inance Dh. ect;~ November 1,2001 Subject: Third Party General and Auto Liability Insurance Coverage This memorandum is in response to'the City Commission's requeSt for a review of the City's general, auto, and public official's liability insurance and our policy of self insuring these exposures. The City of Delray Beach does not presently insm'e general, automobile, and public official's liability exposures; therefore we are self-insured for all claims. This has always been the policy of this City to the best of our knowledge. This policy was probably recommended because of-several basic premises. First, the State of Florida limits our liability exposure in these areas to $200,000 per claim (the sovereign immunity statutes). Any claim exceeding $200,000 requires the filing of a claims bill with the Florida Legislature Second, many of the third party liability areas are sensitive in nature and require an extremely close working relationship between the City Attorney, City Staff, City Manager, and City Commission in order to resolve the claims without disrupting operations. The insuring of this general liability area could bring in third party attorneys from the carrier who may, or may not, be understanding of this sensitivity and be more "bottom-line" oriented (looking out only for the interests of the _carrier) disregarding the subsequent impact of their decisions on our employees or operational responsibilities. In contrast to these statements, the City has to weigh their potential liability exposure and the possible impact of a severe catastrophic claim and the cost to insure these types of claims Federal cases involving sexual discrimination, American Disabilities Act, civil rights, etc are not limited by the sovereign immunity statutes. We transport large numbers of children in the After School Program and summer camp activities. There has to be some point at which the City would be negatively impacted to the extent the settlement of a claim could possibly jeopardize the financial condition of the City, impact our ability to provide services, cause employee hiring and retention problems, affect our bond ratings and overall credit worthiness, or other similar impacts. In other words, the City has to weigh all these factors mentioned and determine the "best fit" for our risk management policies, to determine our tolerance level for a catastrophic claim, and at what level would we accept third party attorney assistance. Several meetings have been held regarding these issues with our broker, A.J. Gallagher, the City Attorney and the Finance Department (Finance Director and Risk Manager). We received and reviewed the past 10 years of liability claim costs in excess of a $100,000 deductible self-insured retention (SIR). We then prepared schedules bfthose claim costs -had we - been insured using -. the - various levels of'. deductibles ($100,000/ $250,000/$500,000/$1,000,000). These schedules are attached for your review. With the understandiiag-that-the-property/casualty insurance market is-not currently favorable, our broker, A.J. Galhigher, solicited premium' quotes fr. om nine different liability insurance carriers Six of the nine refused to quote for various reasons (loss history, size of account, property too near the coast, etc.). One of the respondents was excessively high. Therefore, we reviewed the- remaining quotes from United National Insurance (our current package policy carrier) and Kemper Insurance for various levels of deductibles and coverage terms. In analyzing the policy terms of the two remaining respondent_s, .the insurance entities generally provide similar coverage. However, there are a few noted differences: Coverage for "Errors and Omissions" is on a "claims made basis" for United National Insurance and on an "occuixence basis" for Kemper Insurance. Claims on an "occurrence basis" generally are less restrictive as to when a claim must be reported. · Coverage for "Sexual Harassment" is included in Kemper Insurance policy but must be endorsed into the United National Insurance policy at an added cost · Limited inside defense costs (City Attorney, etc.) apply to our deductible SIR in the Kemper Insurance but not in the United National Insurance · Defense costs are covered by Kemper in addition to the policy limits whereas they apply to the policy limits by United -· United National Insurance premium quotes are-much higher than Kemper Insurance Based upon this information, we would recommend Kemper Insurance be awarded the insurance for general liability, auto liability and public official's liability if we decide to approve this coverage. We would recommend that our policy limits be a $1MM deductible with $5MM excess insurance above this deductible at a cost of $78,900 Considering our past claims experience, that we currently have no insurance, and that we desire to cover a catastrophic event only, this policy would provide coverage in this area and minimize outside legal participation for events less than these limits. This $78,900 can be covered by our current Project Reserve Account with no further budgetary impact. Please contact this office if you have any further questions or comments. Cc. Susan Ruby, City Attorney Frank Babin, Risk Manager City of De/ray Beach,_ Flodda Third Party Excess Liability Claims Listing . Ten Po/icy Years, As Indicated Policy Period 10/1/99-00 10/1/96-97 10/1/94-95 10/1/93-94 10/1/91-92 10/1/90-91 Paid- $12,271' $205,441 $86,387 $165609 $481,786 $173,405 $346,929 $191,600 $22O,977 $105,826 $225,752 Incurred $1'17,000 $1,515,000 $160,000 $163,609 $481,786 $173,405 $346,949 $191,600 $22O,977 $105,826 $225,752 City of De/my Beach, Florida Third Party Excess Liability Claims Analysis Ten Policy Years, As In_ d~cated .. Policy .Per_iod (~ctober 1 1999-00 October 1 1998-99 October I 1997-98 October I 1996-97 October 1 1995-96 October 1 1994-95 October 1 1993-94 October 1 1992-93 October 1 1991-92 October 1 1990-91 Total Policy Period October 1 1999-00 October I 1998-99 October 1 1997-98 October 1 1996-97 October 1 1995-96 October 1 1994-95 October 1 1993-94 October 1 1992-93 October 1 1991-92 October I 1990-91 Total #Claims INCURRED Excess of $100,000 SIR 0 0 1 0 1 3 o 1 3 Total PAID ~.xcees of-$to0,ooo SIR $105,441 $0 $0 $0 -$0 $63,609 $702,120 $0 $91,600 $252,555 Total INCURRED ~c~ ~f-$1oo, oo~ sIR $1,432,000 $0 $0 $50,000 $0 $63,609 $702,120 $0 $91,600 $252,555 11 $1,215,325.00 $2,591,884 #ClaimslNCURRED Excessof$250,000 SIR Total PAID Excess of $250,000 SIR $0 $0 $0 $0 $o $0 $328,715 $0 $0 $0 Total INCURRED Excess of $250,000 SIR $1,265,000 $0 $0 $0 $0 $0 $328,715 $0 $0 $0 3 $328,715 $1,593,715 City of De/ray Beach, Florida Third Party Excess Liability Claims Analysis Ten Po/icy Years, As Indicated Page 2 . Policy Period October 1, 1999-00 October 1 1998-99 October 1 1997-98 October 1 1996-97 October 1 1995-96 October I 1994-95 October I 1993-94 October 1 1992-93 October 1 1991-92 October 1 1990-91 Total ~K~la;ms INCURRED Excess of $500,000 SIR Total PAID _ Excess of $500,000 SIR Total INCURRED * Excess of $500,000 SIR I $o $1,o15,ooo o $o $o o $o $o o $o $o o $o $o o $o $o o $o $o o $o $o o $o $o o $o $o 1 $0 $1,015,000 Policy Period #Claims INCURRED Total PAID Total INCURRED Excess of $1,050,000 SIR Excess of $1,000,000 SIR Excess of $1,000,000 SIR October 1, 1999-00 1 $0 $515,000 October 1, 1998-99 0 $0 $0 October 1, 1997-98 0 $0 $0 October 1, 1996-97 0 $0 $0 October 1, 1995-96 0 $0 $0 October 1, 1994-95 0 $0 $0 October 1, 1993-94 0 $0 $0 October 1, 1992-93 0 $0 $0 October 1, 1991-92 0 $0 $0 October 1, 1990-91 0 $0 $0 Total 1 $0 $515,000 S Request to be placed on: AGENDA REQUEST Date: October 30, 2001 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approval to award Kemper Insurance the insurance for general liability, auto liability and public official's liability with policy limits of $1 million deductible and $5 million excess insurance above the deductible. Cost for this coverage would be $78,900 for one year. The policy period would begin on (~..~o~_rt.) Funding available in #551-1575-591-45.10 General Liability. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval is recommended by the Finance Director and Risk Manager. NO NO Department Head Signa~ Determination of Consistency :omprehensive Plan: nla City Attorney Review/Recommendation (if applicable): nla Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: Account Number: Account Description: Yes t'~'~ ~3~ ' No (if applicable) Account Balance: City Manager Review: Approved for agenda: (~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved Memorandum TO: David T. Harden, City Manager FROM: Edward J. Gusty, Human Resources Director SUBJECT:- NCF&O Local 1227 AFL-C10 Labor Agreement DATE: November 16, 2001 The attached labor agreement represents a three year contract between the City of Delray Beach and the National Conference of Firemen & Oilers, Local 1227 - AFL-CIO. The terms of this agreement cover October 1, 2001 through September 30, 2004 and allow for three- percent adjustments on the pay ranges in each of the three years of the agreement. Additionally, certain positions within the bargaining unit has been reallocated to higher pay grades within this salary schedule cov?ing this bargaining unit. The salary adjustments and the reallocations are necessary to maintain a competitive standing in similar positions in other municipalities within our labor market area. Additionally, this agreement shall allow for longer-term budget considerations. /sg COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND NATIONAL CONFERENCE OF FIREMEN & OILERS, AFL-CIO, SEIU, LOCAL 1227 Acres October 1, 2001 - September 30, 2004 2001-2004 DELRAY BEACH/NCF&O T~BLE OF CO17TENTS ARTICLE ARTICLE ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 PREAMBLE RECOGNITION DUES CHECK OFF NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/ DISCONTINUATION OF UNION DUES UNION REPRESENTATION UNION BUSINESS BULLETIN BOARDS DISCRIMINATION SOLICITATION OF OR BY EMPLOYEES CITY'S MANAGEMENT RIGHTS HOURS OF WORK AND OVERTIME WORKING OUT OF CLASSIFICATION WAGES HEALTH INSURANCE PENSION PLAN MATTERS HOLIDAYS VACATION SICK LEAVE LEAVES OF ABSENCE WITH PAY LEAVES OF ABSENCE WITHOUT PAY BEREAVEMENT LEAVE PAGE 1 2 4 5 6 8 10 11 12 14 18 21 22 26 29 31 34 37 41 43 45 2001-2004 DELRAY BEACH/NCF&O ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 APPENDIX A MISCELLANEOUS CONSIDERATIONS 46 COMPLIANCE WITH NON-DISCRIMINATION POLICIES 48 NEPOTISM 49 SAFETY AND HEALTH 51 PROBATIONARY PERIOD - NEW & PROMOTED EMPLOYEES 53 SENIORITY 55 PROMOTIONAL PROCEDURE 57 PHYSICAL FITNESS 58 OUTSIDE EMPLOYMENT 60 RESIGNATION 62 NO STRIKE 63 DISCIPLINE 66 GRIEVANCE PROCEDURES 71 COMPREHENSIVE DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES 79 DAMAGE TO CITY PROPERTY 98 ABSENCE WITHOUT LEAVE 99 AMENDMENTS 100 SEVERABILITY AND WAIVER 101 EMERGENCY PAY POLICY 102 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 104 DURATION, MODIFICATION, AND TERMINATION 105 EXECUTION OF AGREEMENT 106 CITY OF DELRAY BEACH NCF&O JOB TITLES 108 2001-2004 DELRA¥ BEACH/NCF&O PREAMBLE This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereafter referred to as "City," and the National Conference of Firemen & Oilers, SEIU, Local 1227, hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit represented by the Union, hereafter referred to as "members" or "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. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 2001-2004 DELRAY BEAC~/NCF&O ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes that the National Conference of Firemen & Oilers, SEIU, Local 1227, AFL-CIO, hereinafter referred to as the "Union", as the Certified Bargaining Agent of the employees in the Bargaining Unit for the purpose of representing the members of the Bargaining Unit as set forth herein for all matters relating to wages, hours and terms and conditions of employment, as provided for by order of the City of Delray Beach Public Employee Relations Commission in its Order dated July 15, 1985, directed to the City Manager of the City of Delray Beach and the Union. Section 2 The Bargaining Unit represented by the Union is comprised of full-time and regular part-time employees in those classifications specified in the July 15, 1985 certification order of the City of Delray Beach Public Employee Relations Commission, as amended. The City will notify the Union in writing of all changes in job classifications in the Bargaining Unit. 2001-2004 DELRAY BEACH/NCF&O 2 Specifically Excluded from this Agreement= Ail other City employees not specifically included in the Bargaining Unit as certified by the City of Delray Beach Public Employee Relations Commission, including confidential employees, managerial employees, professional employees, and supervisory employees who possess a conflict of interest; temporary, casual, seasonal employees, and employees of any other Bargaining Unit. 2001-2004 DELRAY BEAC~/NCF&O - ARTICLE 2 DUES CHECK OFF Employees of the Bargaining Unit or their representatives 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. 2001-2004 DELRAY BEACH/NCF&O 4 NOTICE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION DUES I hereby authorize my Employer to deduct from my salary each pay period my Union dues, as certified to the Employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my Employer and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed Social Security No. Dept. Div./Activity/Payroll No. Deduction start date Bargaining Unit Deduction stop date Annual amount of dues (broken down by pay period) 2001-2004 DELRA¥ BEACH/NCF&O Article 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the Union in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. The Union agrees to notify the City of the names of such authorized representatives as of the execution of this Agreement and replacement therefor during the term of this Agreement. Section 2 The Union likewise agrees that during the term of this Agreement, the Union and the employees covered hereunder shall deal only with the City Manager or his/her representative(s) in all matters governed by the provisions of Chapter 35 of the Code of Ordinances of the City of Delray Beach, Florida. Section 3 The Union shall designate, in writing to the Director of Human Resources, five (5) general representatives and one (1) chief representative, in addition to its attorney whose right it shall be to represent the employees in the Bargaining Unit, for the purpose of collective negotiation and the administration of grievances ~oo~-~oo,~ ~,.~, ~s~c~/~c~o 6 'arising thereunder for the duration of this Agreement. Notice by the City to the chief representative or his/her-designee in his/her absence shall be notice to all representatives, c/o the Union business address. An employee shall, upon request, be entitled to have a representative present whenever the employee is questioned concerning misconduct, which may result in disciplinary action. If the employee requests a Union representative, management will make a good faith effort to contact a Union representative; provided, if a Union representative is not available within a reasonable time, the employee may be required to answer questions. The employees shall retain the option of proceeding individually or being represented by a person of their own choosing, in which case the Union may not interfere with this right in any manner; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 32 of this Agreement. 2001-2004 DELRA¥ BEACH/NCF&O ARTICLE 4 UNION BUSINESS Section 1 The Union, as representative of the employees in the bargaining unit covered by this Agreement, shall have the right to present its views to management on matters of concern either orally or in writing. Section 2 Officials for the Union, as designated in Article 3 Section 3, may, with proper authorization, which will not be unreasonably withheld, be admitted on City property, in areas reasonably designated by the City. Officials for the Union shall_be able to talk with employees before or after regular working hours or during lunch of said employees on the City's property in designated areas that are reasonable by the Employer. Section 3 Stewards shall be allowed reasonable time-off without loss of pay during their regular shift hours for investigating grievances; however, each will first obtain oral permission from his immediate supervisor or in his absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. 2001-2004 DELRAY BEACH/NCF&O 8 Section 4 -Union Time pool: A NCF&O Bargaining Unit Time Pool shall be established. All such time pooling shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not for the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate not less than one (1) hour of annual leave, but not more than five (5) hours to the Union Time Pool. Only authorized Union officials may withdraw time from the Time Pool to remain in a paid status while on approved leave in _order to attend union conferences, training sessions, or other related union business. All requests for the use of the Bargaining Unit Time Pool shall be submitted by the union's chief representative or his/her designate to the Department Head or his authorized designate at least five (5) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than five (5) days notice. 2001-2004 DELRAY BEACH/NCF&O ' ARTICLE 5 BULLETIN BOARDS The City shall provide the Union space on six (6) serviceable, bulletin boards in the City, at locations to be approved in advance by the City Manager or his/her designee 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. A copy of all such materials shall be provided to the Department Head or his/her designee in advance of such posting. The bulletins, notices or materials posted shall contain nothing of a political nature (excluding political material relating to Union elections) and nothing of a derogatory nature toward the City, its elected officials, its officers or employees, as determined by the City. 2001-2004 DELRAY BEACH/NCF&O ~0 ARTICLE 6 Ail Bargaining Unit employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce the public employees in the exercise of any rights guaranteed them under Florida Statute 447 and Chapter 35 Subsections 35.030 - 35.055 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 2001-2004 DELRAY BEACH/NCF&O ]! ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 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. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of ._ any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, 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. 2001-2004 DELRAY ~EACH/NCF&O ~2 Solicit for commercial, 6haritable, or Union purposes and sell tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 2001-2004 DELRAY BEACH/NCF&O 13 ARTICLE 8 CITY ' S 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, whatever may be the effect on employment, 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 discharge employees for proper cause as to both non- probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees. 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 2001-2004 D~L~Y B~CH/NCF&O 24 2001-2004 DELRAY BEACH/NCF&O to which he/she was promoted with or without cause. In the event a promoted probationary employee is removed without cause he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee for proper cause pursuant to subsection F, above), and to likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his/her former position. To relieve other probationary employees from duty for any reason, with or without cause. To determine and redetermine work schedules. To maintain order and efficiency in its operations. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees three (3) weeks' notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be required in cases of emergency as determined by the City. To determine and redetermine the number of hours to be worked, in which case the City shall provide Mo No Po 2001-2004 DELRAY BEACH/NCF&O to the affected employees three (3) weeks' notice in advance of any changes in such ~umber of hours to be worked, except that no such advance notice shall be required in determined by the City. To require employees cases of emergency as to submit to a medical examination by a physician designated by the City. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. To set the standards and procedures for application, testing, selection procedures and appointment to all positions in the City. 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. To determine employees ' skills, knowledge and abilities to perform their duties through job- related testing and other reasonable evaluation methods. To hire, assign, direct, layoff or recall employees. To determine the size and composition of its work force. ]6 S. To determine ~he number and types of equipment, materials, products and.supplies to be used. T. To institute and establish new training methods. U. To determine the types of work to be performed by employees. V. To open new facilities and transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. W. To discontinue conduct of its mission or operations in whole or in part. 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 restrictions on Agreement. exercised unilaterally subject only to express such rights, if any, as are provided in this 2001-2004 DF. LRAY BEACH/NCF&O 17 ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1 The normal working hours per one-week work cycle for regular full-time employees shall be forty (40) hours, which shall exclude meal periods. The hours of work scheduled per day shall be as required and set by the Department Head and approved by the City Manager. Section 2 It is recognized and understood that deviations from the foregoing normal 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. No such deviation shall be considered a violation of this Contract. However, the City shall not adjust an employee's work shift to avoid the payment of overtime. Section 3 For all employees the scheduled workday shall be broken down into fifteen (15) minute segments. An employee shall be noted as late for work if he/she does not report ready for work at his/her workstation at his/her starting time. If an employee reports for work late, eight ( 8 ) minutes or more after the 2001-2004 DELRAY BEACH/NCF&O ]8 scheduled time, he/she shall be docked in major segments of one- quarter (1/4) of an hour. Section 4 The City agrees to pay overtime at the rate of time-and-a- half based on a (7) day (forty-hour) work cycle. In the computation of such overtime compensation, employees shall receive credited hours for vacation days and holidays, which may occur within the pay cycle/work cycle. If regular full time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at the overtime rate, if applicable. Section 5 Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond the forty (40) hours per 7-day work cycle. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Section 6 Employees may request compensatory time in lieu of overtime pay. An employee shall accrue compensatory time at a rate of one and one-half times his regularly hourly rate of pay. Employees may only accrue unused compensatory time up to a maximum of 40 hours. 2001-2004 DEL~¥ B~CH/NCF&O 19 If an employee accrues the maximum permissible compensatory time, the employee shall be paid for all overtime hours in ex~e~s of the maximum at the rate of one and one-half times the employee's current straight time rate of pay. Compensatory time shall be taken upon written request approved by the employee's Department Mead. Payment for accrued compensatory time upon termination of employment shall be calculated at the straight time rate of pay on the date of payment, and paid at time and one-half. Section ? If an employee is called-out to work outside his/her normal working hours, he/she shall receive a minimum of two (2) hours' credit, payable at his/her overtime rate, if applicable. Section 8 -- The City agrees to make records of overtime available to appropriate Union officials. Section 9 The City will continue to use the existing program for the assignment of overtime based upon a seniority rotation system by position classification and specialty. Section 10 The current practice of work breaks shall be continued for the duration of the agreement. 2001-2004 DELRAY BEACH/NCF&O 20 ARTICLE 10 An emplOyee who is temporarily and continuously assigned in writing to perform the duties of a higher classification for more than ten (10) Working days, Will be compensated for the time Spent in excess of ten (10) Working days at a rate which is five Percent (5%) above his regular base Salary. Notwithstanding the above an employee Shall not be precluded from receiving the 5% increase if management requires the employee to temporarily and continuously perform for 10 working days or more duties of a higher classification, but fails to make the assignment in writing. Assignments shall not be unreasonably applied to in Order to avoid payment. 2001-2004 DELRAy gEAc~/NCP&o 21 ARTICLE 11 WAGES Section 1 Effective, upon the adoption of this Agreement by the Delray Beach City Commission the following salary schedules shall apply for the duration of this Agreement: 01/02 02/03 03/04 Minimum Maximum Minimum Maximum Minimum Maximum Grade B01 19,343 28,079 19,923 28,921 20,521 29,789 B02 20,304 29,470 20,913 30,354 21,540 31,265 B03 21,368 30,888 22,009 31,815 22,669 32,769 S04 22,432 32,459 23,105 33,433 23,798 34,436 B05 23,546 34,080 24,252 35,102 24,980 36,155 B06 24,660 35,801 25,400 36,875 26,162 37,981 B07 25,953 37,596 26,732 38,724 27,534 39,886 B08 27,242 39,446 28,059 40,629 28,901 41,848 B09 28,609 41,496 29,467 42,741 30,351 44,023 B10 30,052 43,547 30,954 44,853 31,883 46,199 Bll 31,547 45,726 32,493 47,098 33,468 48,511 B12 33,125 48,012 34,119 49,452 35,143 50,936 Ail union job titles are corresponding grade levels. referenced in Appendix A, with 2001-2004 DELRAY BEACH/NCF&O 22 Section 2 The salary schedule for fiscal year 2001-2002 shall be effective as of October 1, 2001. The salary schedule for fiscal years 2002-2003 shall be effective on October l, 2002. The salary schedule for fiscal year 2003/2004 shall be effective on October 1, 2003. Section 3 A. Effective for fiscal years 2001-2002, 2002-2003 and 2003-2004, regular full time employees shall be eligible to receive an individual performance increase, in the range of 0% through 5%, inclusive. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees excepting: Said individual performance increases shall be granted pursuant to the Employee Performance Evaluation criteria and forms as determined by the City. B. In order to be considered for a lump sum bonus, an employee must have had an average or above average performance. Additionally, 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 2001-2004 DELRAY BEACH/NCF&O shall not have had any at' fault accidents in excess of the current deductible currently observed by the City. C. The bonus paid to qualifying employees shall be paid for the fiscal years only covered by this agreement. Absent any future agreement of the parties, employees shall not be entitled to a lump sum bonus beyond September 30, 2004. Section 4 The City recognizes the need for and mutual benefit to the City and employee of automobile mechanic certification. The City agrees to pay expenses related to the certification testing but limited to training materials and testing fees as approved by the Department Head and the Human Resources Department. Any Fleet mechanic having received three (3) Automotive Service Council certifications during the term of this contract shall receiv~ a bonus of five percent (5%) of gross pay per pay period. Upon the receipt of a total of six (6) Automotive Service Council certifications a mechanic shall receive a total bonus of ten percent (10%) of gross pay per pay period. Such bonuses shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. Any Fleet mechanic having received a total of ten (10) Automotive Service Council certifications shall receive a bonus of fifteen percent (15%) in gross pay per pay period. Such bonus shall be reflected in the first paycheck received by a Fleet mechanic after receipt of proof of the certifications by the City. 2001-2004 DELRAY BEACH/NCF&O 24 In order to be eligible for these -bonuses the employee (Fleet mechanic) must maintain such certifications current throughout the entire pay period in order to receive the bonus for that pay period. Section 5 The City reserves the right to, reallocate positions where appropriate, during the life of this agreement, in consultation with the Union. Section 6 Effect of Promotion on Wages and Performance Evaluation Date A. When an employee is promoted into a higher classification, the employee's wages shall be increased to the minimum salary of the new classification or to five percent (5%) more than the employee earned prior to the promotion, whichever is higher. B. If an employee's wages are increased more than ten percent 10%) as a result of a promotion, the employee's performance evaluation date will be changed to the date of the promotion. C. Notwithstanding the language of paragraph (a), above, Plant Operators will continue to receive a ten percent (10%) increase when they are promoted based on obtaining a higher rated state license. 2001-2004 DELRAY BEACH/NCF&O 25 ARTICLE 12 HEALTH INSURANCE The parties have negotiated a new collective bargaining agreement for the period October 1, 2001 to September 30, 2004. However, information sufficient to negotiate the provisions of Article 12 Health Insurance was not available to the parties and will not be available until a later date. Therefore, the parties understand that, when such information becomes available, the parties will reopen Article 12 for negotiation. Such re-opener will follow action by the Insurance Committee as set forth in Section 4. The parties understand and agree that the following sections are from the agreement, and shall remain binding upon the parties until prospective changes are made after negotiations between the parties. The agreement may be reopened for this negotiation. 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. 2001~2004 DELRAY BEACH/NCF&O 26 Section 2 All regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties'rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and 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 2001-2004 DELRAY BEACH/NCF&O 27 Manager will select the management members of the insurance committee. - Sectfon S The parties understand and agree that the rate schedule quoted above is effective to 3/01/2001 and further adjustments to the rate schedule shall be negotiated between the City and the union. 2001-2004 DELRAY BEACH/NCF&O 28 ARTICLE 13 PENSION PLAN MAT~,ERS Section 1 The City shall continue to prbvide the employees represented by this agreement the current general employee's Pension Plan. Section 2 The Union and the employees agree that the City may during this Contract period adopt amendments to Chapter 35 of the Code of Ordinances in order to add provisions specifying that the General Employee's 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. Section 3 The City agrees, as soon as practicable after the ratification of this Agreement, and in accordance with 26 United States Code 414 and any Internal Revenue Service approval required thereby, to implement a "pick-up" plan whereby employee pension contributions shall be paid to the City pension fund from the employee's pre-tax earnings. 2001-2004 DELRAY BEACH/NCF&O 29 ~ection 4 Effective with the first payroll after September 1, 1999, the City shall require no contribution from an employee covered under this agreement to the City's 'defined benefit pension plan, unless a written actuarial evaluation indicates that contributions are required to properly fund the plan in an actuarial sound manner. If an actuary selected by the Pension Board determines that additional monies are required to properly fund the plan, the City and employees shall contribute to the plan on a fifty-fifty basis provided; however, in no event shall an employee contribute more than 4.5% of an employee's gross pay, unless the City and the union bargain for a higher employee percentage. ~001-2004 DELRAY BEACH/NCF&O 3O ARTICLE 14 HOLIDAYS Section 1 The following days shall be holidays for all regular, full- time employees: New Year' s Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day One Personal Holiday (selected by employee with approval) Labor Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day Employees shall also receive 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, and can be used for any other holiday other than the ones designated above, 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, or the City Manager. Section 2 ae 2001-2004 DELRAY BEACH/NCF&O Non-shift personnel - All regular, full-time, non- shift personnel 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 supervisor, Department Head and/or City Manager. 3] B o Shift personnel - Shift personnel shall work their normal shift whether on a holiday or not. - Section 3 For non-shift personnel, 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. Section 4 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. Section 5 For non-shift personnel, 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. 2001-2004 DELRAY BEACH/NCF&O 32 Section 6 - F6r non-shift personnel, in the event that one of the holidays named in Section i occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 2001-2004 DELRAY BEACH/NCF&O 33 ARTICLE 15 VACATION Section 1 Regular, full-time Bargaining Unit members shall receive annual vacations, which may be accumulated from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 A. Annual vacation time shall be granted according to the following schedule: Years of continuous service Over, But Less than 0 years 3 years 3 years 7 years 7 years 11 years 11 years Vacation hours earned 8.00 per month 9.33 per month 10.66 per month 12.00 per month 2001-2004 DELRAY BEACH/NCF&O A member of the Bargaining Unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Employees may utilize vacation time as earned after the first year of continuous service, plus any accumulation permitted under Section 6. 34 Section 3 Continuous service shall be considered any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in the line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. 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. Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A.He/she has completed one year of continuous service. B. Me/She gives at least two weeks' written notice of his intent to resign and the written notice or copy 2001-2004 DEL~Y B~CH/NCF&O 35 of same is filed with the City Manager's office at least two weeks prior to the effective date. Section 6 Vacation time is subject to the following requirements: That each bargaining unit member must actually take time off from work in a year equal to one-half of their actual eligible vacation time for that year, and the member can then accumulate the remaining unused time for that year. The maximum accumulation will not exceed two hundred eighty-eight hours. Ail vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Department Head and City Manager. 2001-2004 DELKAY BEACH/NCF&O 36 ARTICLE 16 SICK 'LEAVE Section 1 The Union recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: o o Employee's injury, illness or quarantine due to exposure to contagious disease. Actual illness of a member of an employee's immediate household (wife, husband, child, or parent) where care by the employee is required. Medical, dental, vision appointments. Section 2 Ail regular, full-time employees may be given sick leave with pay at the rate of one (1) working day for each calendar month of continuous service during which there were no absences without leave, provided: 2001-2004 DELRAY BEACH/NCF&O 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. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the 37 o 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. If an employee works less than half the normal workdays during a month for reasons other than paid leave, sick leave shall not be credited for that month. 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 or 1,120 hours. The employee may bank all unused sick leave each year until the one hundred forty (140) days maximum is reached. Section 3 Upon resignation in good standing, employees who provide the City with a two (2) weeks written notice, shall be paid at their then regular hourly rate for the portion of their accrued sick leave as stated below, not to exceed the maximum payment of five hundred sixty (560) hours. When it is determined to be in the best interests of the City, the City Manager may waive the requirement for two weeks notice. 2001-2004 DELRAY BEACH/NCF&O 38 YEARS OF SERVICE 0 - 5 5 - 10 10 - 15 15 - 20 20 or more % OF ACCRUED PAID SICK LEAVE --0-- 25% of up to 560 hours 50% of up to 560 hours 75% of up to 560 hours 100% of up to 1,120 hours Employees who retire from the City, after twenty (20) or more years of service and are vested under the City of Delray Beach General Employees Retirement Plan or a deferred compensation retirement system, 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 1,120 hours. Sick leave accrued shall be forfeited if the employee is discharged or is not in good standing at the time of termination. Section 4 Members reporting in sick or unable to report for duty must do so no later than thirty (30) minutes after the starting time for which they are scheduled, except in cases of emergency as determined by the Department Head. Members are to contact their immediate supervisor or the supervisor's designee, otherwise they shall be considered as absent without leave. Messages are not to be left with the front office personnel or with associates. The 2001-2004 DEL~Y B~CH/NCF&O 39 Department Head or his designee may investigate such absences to determine their validity. When absence is for three or more workin9 days, the Department Head may require the employee to (and when the absence is for more than five (5) workin9 days, the employee shall) provide a certificate from a physician, certifyin9 to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Section 5 - Sick Leave Donation The current City policy in the Administrative Policies and Procedures Manual PER-2, Revision 5, dated June 19, 1995, shall be maintained for the duration of this Agreement. Section 6 - Family and Medical Leave Act Policy The current City policy in the Administrative Policies and Procedures Manual, EB-16, dated February 6, 2001 shall be maintained for the duration of this Agreement. Section 7 In case of death of an employee, payment for unused sick leave pursuant to Section 3 shall be made to the employee's beneficiary, estate, or as otherwise provided by law. 2001-2004 DELRAY BEACH/NCF&O 40 ARTICLE 17 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. If an employee receives a subpoena as a trial witness or to give a deposition regarding matters which arose in the scope and course of City employment, the employee should notify the City Attorney for further direction. The employee will be granted leave with pay. Any witness fees (and mileage received, if travel was by City vehicle) will be endorsed to the City and deposited into the City General Fund. Co If an employee is summoned for jury service or receives a subpoena as a trial witness or to give a deposition in a matter which is not job related, the employee will be granted leave with pay. Any fees received will be retained by the employee. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. Such other matters, as the City Manager may deem appropriate. 2001-2004 DELRAY BEACH/NCF&O 4] D. Employees, who are members of the organized reserves of any branch of the armed forces of the United States as required by law. 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 Mead to use such leave in order to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standaras Act. 2001-2004 DELRAY BEACH/NCFaO 42 ARTICLE 18 ' LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one year, may be granted by the City Manager to any employee who has entered upon a course of training or study for the purposes of improving the quality of his service to the City or fitting himself for promotion. Section 2 Upon written request of an employee, the City Manager may grant a leave of absence without pay for personal or medical reasons, when it will not result in undue prejudice to the interests of the City, as determined solely by the City Manager. Section 3 Any month in which an employee, while on leave of absence without pay, works less than half of the normal work days will not be considered for the purpose of computing sick leave, vacation, or other fringe benefits based on continuous service. Employees who are on leave of absence without pay on the day preceding and the day following a holiday shall not be compensated for the holiday. Section 4 While on leave of absence without pay (except under the Family and Medical Leave Act), the monthly insurance premium for 2001-2004 DEL~Y BEACH/NCF&O 43 the employee's medical/life insurance must' be paid by the employee after any month in which he does not work at least half of the normal work days, on the first day of the following month. Section 5 Leave without pay for military service (military leave) will be granted in accordance with applicable statutes and City Policies. 2001-2004 DELRAY BEACH/NCF&O 44 ARTICLE 19 BEREAVEMENT LEAVE Section 1 The City agrees that when a death occurs in the family of a regular, full-time employee (family being herein defined as follows: father, mother, brother, sister, spouse, child, father- in-law, mother-in-law, son-in-law, and/or daughter-in-law, grandparents or foster parents, foster child, grandchild, step- mother, stepfather or stepchild; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee may be allowed three (3) working days bereavement leave with pay. Section 2 The City agrees that the above-stated bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted, by Department Head and City Manager, 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. 2001-2004 DELRAY BEACH/NCF&O ARTICLE 20 MISCELLANEOUS CONSIDERATIONS Section 1 Workers' Compensation benefits will continue to be provided in accordance with applicable laws and City policies. Section 2 Employees who are off duty shall have the right, during regular business hours of the City, to examine their own personnel files. Section 3 On a yearly basis, the City will furnish to the union, upon written request, an updated City seniority list. Section 4 Nothing in this Agreement shall be deemed to limit the rights of any employee to consult on any matter not grievable with any supervisory or managerial official via the appropriate chain of command provided such consultations shall in no way interrupt, delay or otherwise interfere with effective, proper and superior service to the City and the community. In this regard, the employee may be represented by a person of his choice provided, however, if such person is a union representative, such 2001-2004 DELRAY BEACH/NCF&O 46 representation shall be in accordance with the-provisions of Article 2 hereof. Section 5 The City will provide twenty-five Agreement to the Union. (25) copies of this Section 6 The City hereby agrees to pay the costs of City maintenance service for uniforms for Union employees, when such uniforms are deemed appropriate by the City and are approved and supplied by the City, all in accordance with current City practices. Section 7 Water Plant Operators who are holding an A and/or B license shall receive a 5% increase in their hourly rate of pay, upon promotion into the A and/or B position. 2001-2004 DELRAY BEACH/NCF&O 47 ARTICLE 21- COMPLIANCE WITH NON-DISCRIMINATION POLICIES The Union does hereby recognize and acknowledge that the City, in accordance with the 1983 amendments to the Federal Revenue Sharing Program, is not permitted to nor does it discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, its programs or activities. Furthermore, the City of Delray Beach during the course of this contract may take whatever steps are necessary in order to comply with the non-discrimination requirements contained in Section 51.55 of the Federal Revenue Sharing Regulations and make the same applicable to or have an effect upon members of the Bargaining Unit. 2001-2004 DELRAY BEACH/NCFaO 48 ARTICLE 22~ NEPOTISM No individual shall hereafte~ be hired or placed as a regular full-time City employee or as a temporary part-time City employee in the same Department or division of a Department with another person who is a relative of that individual without the express prior approval of the City Manager. No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted or advanced in or to a position in any Department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- 2001-2004DEL~YB~CH/NCF&O 49 law, sister-in-law, stepfather, stepdaughter, stepbrother, stepsister, sister. stepmother, stepson, half brother, or half 2001-2004 DELRAY BEACH/NCF&O 50 ARTICLE 23 SAFETY AND HEALTH Section 1 The City will endeavor to provide and maintain safe working conditions. Section 2 The City will provide such safety apparel and equipment, as it deems appropriate for the performance of an employee's .assigned duties. The City will provide and replace safety shoes as necessary. Section 3 Employees are required to bring potentially hazardous working conditions to the attention of their immediate supervisors as soon as they become aware of the conditions. Section 4 The City encourages employees and the Union recommendations regarding improvements in workplace appropriate City officials. to make safety to 2001-2004 DELRAY BEACH/NCF&O $! Sectfon 5 The Union President shall select one (1) Bargaining Unit employee to serve on the Accident Review Board. 2001-2004 DELRAY BEACI~/NCF&O ~2 ARTICLE 24 PROBATIONARY PERIOD -- NEW EMPLOYEES The probationary period for all new employees covered by this Agreement shall be one (1) year. New probationary employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension or other discipline. PROBATIONARY PERIOD -- PROMOTED EMPLOYEES There shall be a probationary period of one year for each employee in the Bargaining Unit who is promoted (with a pay increase consistent with the pattern of pay increases applicable to general employees who are in a probationary promoted status) 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/her designee shall have the right to remove the probationary employee from the position to which he/she was promoted with or without cause. 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, unless the removal is stated, by the City, to be for disciplinary reasons. 2001-2004 DEL~Y B~CH/NCF&O 53 A probationary promoted employee who-is removed from the position to which he/she was promoted, shall return to the position from which he/she was promoted (however, this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for proper cause). 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 former position. In this event, none of the employees moved back to their former positions will have a right to appeal said action under the provisions and restrictions of this Agreement. 200:1-2004 DELRA¥ BEACH/NCF&O ~4 ARTICLE 25 ~ Section Z The City agrees that City seniority shall consist of continuous accumulation of paid service with the City. It shall be computed from the date of employment' with the City. Seniority shall accumulate durin9 all paid leaves of absence and durin9 all unpaid approved leaves of absence of thirty (30) days or less and durin9 approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Classification seniority shall mean the length of time the employee has spent in his/her current classification. Section 2 In the event of layoff for any reason, the employees shall be laid off in the inverse order of City seniority in their classification only. Employees who are affected by a layoff shall, with approval of the Department Head and City Manager, have the opportunity to bump within the Department if same are qualified for the proposed position. 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 a~rees that no new employees in a particular classification will be hired for one (1) year or until all 2001-2004 DELRAY BEACH/NCF&O 55 employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes _first, in 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/her 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 ten (10) 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 ten (10) work days, then that employee shall be considered to have refused recall and shall have no further recall rights. 200:1-2004 DELRAY BEACH/NCF&O 56 ARTICLE 26 PROMOTIONAL PROCEDURE The City will announce promotional examinations in advance. Whenever a vacancy in the Bargaining Unit is to be filled, job announcements for that vacancy will be advertised internally and, as the City deems appropriate, externally. Ail job announcements shall be posted on bulletin boards in the City for at least five (5) working days. Applicants from the City desiring to fill such a vacancy shall apply in writing by filling out a City job application. Ail promotional vacancies shall be filled in accordance with criteria established by the City's Human Resources Department. Applicants from within the City making application that meet all the criteria will be given an interview; those who do not meet all the criteria will be so informed. Seniority shall be one of the considerations in offering the position. The employees or the Union may offer suggestions to the City as to changes in the criteria to be used for filling promotional vacancies. 2001-2004 DELRAY BEACH/NCF&O 57 ARTICLE 27 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for Bargaining Unit employees. Should the City elect to implement such a program, the Union shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once agreed upon by the parties, or determined through the impasse procedure, all employees of the Bargaining Unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this physical fitness program (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, employees who fail to meet the standard of the program shall not be subject to disciplinary action, although the results of their participation shall be kept by the City for statistical purposes. The Union agrees that during the contract period the City may initiate annual physicals including drug and alcohol screening for all employees of the Bargaining Unit, the details of which shall be negotiated prior to implementation, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the calendar quarter in 2001-2004 DEL~Y BEACH/NCF&O 58 which the employee's anniversary-date occurs. All costs for any such annual physicals shall be borne by the City. 2001-2004 DELRAY BEACH/NCF&O 59 ARTICLE 2 8 O%FfS IDE ~H~r.OY~ENT Section 1 No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by the Human Resources Director. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be for a maximum period of twelve (12) months, renewable annually on January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services or materials. 2001-2004 DELRAY BEACH/NCF&O 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 Human Resources Director, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 2001-2004 DELRAY BEACH/NCF&0 6! ARTICLE 29 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 the Human Resources Director together with said employee's termination forms. Section 2 If any employee resigns without giving the required notice, this fact shall be entered into the employee's personnel records, and the failure to give such required notice of resignation may be considered sufficient reason for rejection of any future application of said employee to reenter City service. However, a "good standing" notation into the personnel records of an employee may be made if it is determined by the City that there were extenuating circumstances to the employee's failure to give the required two (2) weeks' notice. 2001-2004 DELRAY BF2%CH/NCF&O 62 ARTICLE 30 NO STRIKE Section ! A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the Bargaining Unit from their positions, a concer~ed stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the Bargaining Unit 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, the concerted failure to report for work after the expiration of a collective bargaining agreement, and picketing in furtherance of a work stoppage. The term "strike" shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities. Section 2 No member of the Bargaining Unit may participate in a strike. Any violation of this provision shall subject the member of the Bargaining Unit or the Union or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 20 of the City of Delray Beach Code of Ordinances. 2001-2004 DELRAY BEACH/NCF&0 Section 3 That in the event of a breach -of the provisions of this Article, the City of Delray Beach shall be entitled to suspend, or terminate the provisions of this contract and recover from the Union and any employee in the Bargaining Unit participating in the strike, jointly and severally, full compensatory damages, punitive damages, costs and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in the 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 City shall transmit written notification to the chief agent or his designee, of the Union, and the Union shall take direct and immediate action to the fullest extent of its power and influence to bring about a cessation of such activity. Among other actions the Union will notify the employees of the Bargaining Unit 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 good faith effort to get the employees to return to work. Conduct by the Union in accord with the provisions of this section shall exonerate it from all penalties, financial or otherwise which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Contract to be null and void upon the occurrence of a strike. Section 6 Any action taken by the City under the provisions of this Article must be factually based. 2001-2004 DELRAY BEACH/NCF&O 65 ARTICLE 31- DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee for proper cause which he considers will promote the efficiency of the City's service. Further, the City Manager or his designee, may, at any time, discipline or dismiss any probationary new employee with or without cause. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion, suspension, or reprimand based on the City Manager's determination of the gravity of the offense; however, dismissal or other discipline may be imposed for causes other than those An employee may be disciplined or dismissed if enumerated. he/she: A. Bo Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. Has violated any of the provisions of the City ordinances related to personnel matters, or policies, or this Agreement, or has attempted to, or does 2001-2004 DELRAY BF~ACH/NCF&O 66 Do 2001-2004 DELRAY BEACH/NCF&O commit an act or acts intended to nullify any of the provisions thereof. Has violated any lawful or reasonable order, or failed to obey any reasonable or lawful direction by a superior. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs. }{as been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably on the City or interferes with the operations of the City. Has been wantonly offensive in his conduct or language toward the public or any other City employee or official. Has been incompetent, negligent or inefficient to such an extent that his performance falls below the minimum prescribed standard. Is careless or negligent of the property of the City of Delray Beach, or steals, or loses because of negligence, or misuses any equipment, materials, property or other things of value belonging to the City. }{as used, or threatened to use, his position for personal gain or advantage, or attempted to use 67 Je Ko Lo Mo No 2001-2004 DELRAY BEACH/NCF&O political influence in securing promotion, leave of absence, transfer, classification change, pay increase or change in character of work. Has taken any fee, gift or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation or individual when such fee; gift or other valuable consideration is accepted with the understanding that the donor shall receive favors and service therefor not customarily accorded the general public. Has falsified time records, other official City records or failed to report absences from duty to his superiors in accordance with prescribed procedure. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor or has repeatedly reported late for work. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. Is antagonistic in his attitude toward his superiors or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts 65 Po Qo Ro S o To himself in such a way that it interferes with the proper .coordination of the work effort in his department to the detriment of efficient public service. Who, upon the expiration of earned sick leave, fails to report to work or report his/her inability to work if such is the case. Has been convicted of the unlawful possession, use, dispensing or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing or hallucinogenic drug, or conspiracy to do same, while either on or off duty. Has made a significant omission on his application for employment or has falsified it in any way. Has been found guilty by courts of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. Has been found to have utilized anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 32. The City Manager shall furnish the nonprobationary employee and the promoted probationary employee whom he dismisses from the 2001-2004 DELRAY BEACH/NCF&O 69 City service, with a written statement 'outlining in detail reasons for the removal and the date and time such removal becomes effective. Section 3 If criminal charges have been formally instituted against an employee, the City Manager may plac~ said employee on leave of absence with or without pay. 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 notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back'pay for the period of said leave of absence. Section 4 Any other provisions of this Agreement to the contrary not withstanding, oral or written reprimands may not be grieved beyond Step 4 of Section 2 of Article 32 of this Agreement. The employer shall not assign an employee duties outside of his/her current classification solely for the purpose of discipline. 2001-2004 DELRAY BEACH/NCF&O 70 ARTICLE 32 GRIEVANCE PROCEDURES Section i A. .The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Collective Bargaining Agreement, as well as for the appeal of recommendations of disciplinary matters. In the case of such recommended discipline, the appeal process and the grievance process shall be simultaneously processed. Only non-probationary full- time and regular part-time employees in the Bargaining Unit are entitled to utilize the procedures of this Article. B. Performance evaluations may be grieved if the overall rating is "marginal" or "unsatisfactory" and the employee alleges that the overall rating is arbitrary or capricious. Any such grievance may be taken to Step 4 of this procedure, but not beyond. Other performance evaluations may not be grieved. 2001-2004 DELRAY BEACH/NCF&O 72 Section 2 Grievances shall be processed in accordance with th~ following procedures: Step 1 The aggrieved employee, or a Union representative on his or her behalf, shall submit a grievance in writing and it shall be discussed With the aggrieved employee's immediate supervisor2/ within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this Article, working days shall mean Monday through Friday, excluding City Holidays and weekends. A Union grievance representative may be present to represent the employee, if the employee desires him or her present. The supervisor shall attempt to.-adjust the matter and/or respond to the employee within five (5) working days. Provided, however, that if the immediate supervisor is a bargaining unit employee, the grievance shall be submitted and discussed with the next level supervisor who is not a member of the bargaining unit. 2001-2004 DELRAY BEACH/NCF&O 72 2. The Department Mead, or his or her designee shall meet with the employee and -the Union representative, if - the employee wishes him or her present, within three (3) working days. The Department Mead, or his or her designee, shall respond in writing within five (5) working days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 3 of this grievance procedure, within the time limits for the submission of a grievance in Step 2, and shall be signed by the aggrieved employees, and/or a Union representative on the employees' behalf. Grievances of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing. Step 4 If the grievance has not been satisfactorily resolved in Step 3, the employee, or the Union if the employee elects Union assistance, may present a written appeal to the City Manager within seven (7) working days from the time the response was due from the Department Mead in Step 3. The City Manager, or his or her designee, shall meet with the employee (and the Union representative, if the employee wishes him present) , within five (5) working days. The City 2001-2004 DELRAY BEACH/NCF&O 74 Manager or his designee shall-respond in Writing withi~ seven (7) working days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Any grievance not answered by management in the time limits provided above shall be determined to be denied and may be advanced to the next higher step of the grievance procedure, subject to any restrictions set forth in this Agreement. Step 5 If a grievance, excluding any grievance involving a written or oral reprimand or an employee evaluation, has not been satisfactorily resolved within the grievance procedure, the Union may request arbitration in writing to the office of the City Manager no later than fifteen (15) working days after the City Manager's response is due in Step 4 of the grievance procedure. The parties to this Agreement then will mutually agree, or attempt to, on an independent arbitrator within fifteen (15) working days. The parties may also, by mutual agreement, select a panel of arbitrators to be used during the term of this Agreement. If this cannot be done, an arbitrator will be selected in accordance with the assistance selection procedures of and using the lists of five (5) supplied by the Federal Mediation 2001-2004 DEL~Y B~CH/NCF&O 75 and Conciliatioh Service in effec~ at the time of the signing of this Agreement; the sole function of that body being to assist in the selection of the arbitrator. Section 3 Bo 2001-2004 DELRAY BEACH/NCF&O The arbitration shall 'be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. 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 term and conditions of the Agreement. The arbitrator shall not substitute his/her judgment as to the wisdom or the degree of severity of any disciplinary action imposed on any employee by the City. The arbitration inquiry shall be limited to whether the City possessed evidence of misconduct before imposing discipline ultimately imposed. 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. 76 E o 2001-2004 DELRAY BEACI{/NCF&O 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 specifically covered by this Agreement. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is present, which question must be actual and existing. 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. It is contemplated that the City and the employee 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 his 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 his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not 77 otherwise be subject to the grievance and arbitration provisions of this Agreement. G. Each party to arbitration shall bear the expense of its own witnesses and its own representatives. The arbitrator's fees and expenses shall be borne equally by the parties. 2001-2004 DELP. AY BEACH/NCF&O 78 ARTICLE 33 - - COMPREHENSi'FE DRUG AND ALCOHOL POLICY AND PROCEDURE The C~ty recognizes that City Employees are not immune from the problems which face society in general. The problem of drug and alcohol abuse have 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 job by City Employees is strictly prohibited. ~ 2001-2004 DELRAY BEACH/NCF&O 79 Do "Drugs" are any controlled substance as defined in Section 893.03, Florida~ -Statutes any- prescription medication/drug, and over the counter medications/drugs. ~Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, when 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. "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. "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. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure 2001-2004 DELRAY BEACH/NCF&O 80 Ho must be used to identify the presence of a specific d~ug 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 test for ail the drugs will be gas chromatography/mass spectrometry. ~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 causes for 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 2001-2004 DELRAY BEACH/NCF&O shall maintain, the qualifications as established in Chapter 59A-24.008 (I) (a) - (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A- 24.006, Florida Administrative Code (R.1996.). ~Laborator~' 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 collection site and/or the MRO. from the authorized The City shall give thirty days notice of a change of laboratory selection except in cases of emergency as determined by the City Ma~ger. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19). "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. 2001-2004 DELRAY BEACH/NCF&O 82 Mo "Reasonable Suspicion Drug Testing' means drug testing based on a belief that an employee 'is using drugs or alcohol in violation of the C~ty policy determined from specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a r~asonable 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 Department Head 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. "Prohibited Actions" - The following actions are prohibited and will subject an employee to disciplinary action up to and including termination. The use or being under the influence of, or possession of alcohol, on the job by City Employees is strictly prohibited. Drug abuse on the job by City Employees is strictly prohibited. The use of illegal drugs on or off duty by employees of the 2001-2004 DELRAY B~ACH/NCF&O II. City is strictly prohibited. Employees are also subject to discipline or discharge when they engage in-alcohol or drug abuse and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employer, his/her coworkers, or the public, or the off ~uty conduct is unbecoming to public employment. Testing 1. Authority to test - The City has the authority to require employees to submit to testing for purpose of implementing this policy against alcohol and drug abuse. 2. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. (a) Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. (b) 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. 2001-2004 DELRAY BEACH/NCF&O ~4 (c) (d) Post Accident Testing - If an employee is involved in an accident in which the ~mployee-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. not include damages that temporarily at the scene Disabling damage does could be remedied 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. 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 2001-2004 DELRA¥ BEACH/NCF&O 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. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article may be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter Administrative Code (R.1996). Custody Form will be used for each employee tested. CHAIN OF CUSTODY FORM NEEDS TO BE PROVIDED.) 59A-24.005, Florida The attached Chain of (A Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 2001-2004 DELRAY BEACH/NCF&O 86 Prior to any collection of specimen, the Employer sh~ll 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. (THE MEDICAL INFORMATION FORM NEEDS TO BE PROVIDED.) 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, 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 2001-2004 DELRAY BEACH/NCF&O 87 o o 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). Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO and the employee for the purpose of interpreting any positive confirmed test results. 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. Confirmation Test - Ail specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS0), 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 for the controlled substances listed therein. The City shall comply with initial drug testing parameters as in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R 1966), as may be amended from time to time for the controlled substances listed therein. 2001-2004 DELRAY BEACH/NCF&O 88 IV. 1. RELEASE OF RESULTS The laboratory shall report -test results to the MRO within reasonable time after receipt of the specimen by the laboratory. The laboratory shall report as negative to the MRO all specimens, which are negative for controlled substances on the initial test or are negative for controlled substances on the confirmation test. The laboratory will not administer a confirmation test if the initial test is negative for controlled substances. Only specimens, which are confirmed as positive for controlled substances on the confirmation test, shall be reported to an MRO only for the specific drug involved. Provided however, in the case of reasonable suspicion testing, regardless of whether the initial or confirmation test reflects the presence of controlled substances in excess of the thresholds established in Chapter 59A-24.006, Florida Administrative Code, the laboratory shall report to the MRO the presence of any prescription medication/drug or the presence of over the counter medications/drugs in the initial or confirmation test. 2001-2004 DELRAY BEACH/NCF&O o The MRO, the City's MRO contact, an/or the tested employee may request from the laboratoryL _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. 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. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge 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. 2001-2004 DELRAY BEACH/NCF&O 90 The MRO will initially'notify the employee of a confirmed positive test result withinma reasonable period of time of ~he test result ~rom the laborat6ry-~nd determine i~ any alternate medical explanations caused a positive test result. 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. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact, Human Resources 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. In the case of reasonable suspicion testing, the MRO shall report to the City's MRO contact as a positive test result not only the presence of scheduled controlled substances in excess of the established thresholds, but the presence of prescription medication/drugs or over the counter medication/drugs when, in the judgement of the MRO, the quantity of such 2001-2004 DELRAY BEACH/NCF&O 9! Ve o o substances present-would likely result in the behavior forming the basis for ordering the reasonable suspicion test. CHALLENGES TO TEST RESULTS After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 32, Grievance Procedure of the agreement. 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. 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. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, 2001-2004 DELRAY BEACH/NCF&O 92 VI. the Union and/or the City by the collective bargain£ng process and the resulting collective bargaining agreement thereof. EMPLOYEE PROTECTION AND REHABILITATION 1. o o Ail employees may, upon request, have a Union r~presentative present during the testing procedure, provided the test will not delayed more than thirty minutes while waiting for such representation. 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. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 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. 2001-2004 DELRAY BEACH/NCF&O 93 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 him or herself from abusing alcohol,and/or drug abuse. The City may assist program of the employee in rehabilitation. locating an appropriate 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 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. 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, 2001-2004 DELRAY BEAC}{/NCF&O 94 an employee}s reques~ 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 egployee 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 and will reimburse the employee for the costs of the retest, including handling and shipping expense. 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. 2001-2004 DELRAY BEACH/NCFaO 95 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. 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. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BAR~AININ~ A~REEMENT 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 VII. EDUCATION 1. VIII. 2001-2004 DELRAY BEACH/NCF&O 96 extent that the above Administrative Code is' applicable and not in conflict with other provisions of this policy or Federal os State Law. 2001-2004 DELRAY BEAC}~/NCF&O 97 ARTICLE 34 DAMAGE TO CITY PROPERTY A. Each employee shall exercise due caution in the care and handling of all tools and equipment which may come into his custody, or over which he may have a degree of control. Any employee who loses, misuses, or damages through his carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. 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 of 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). 2001-2004 DELRAY BEACH/NCFaO 98 ARTICLE 35 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence (including a leave of absence due to a work-related injury) or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and the employee may be subject to disciplinary action, including suspension, demotion or dismissal. Section 2 Any employee who is absent from duty for three (3) consecutive days without notifying the immediate supervisor of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. For purposes of this Article, three (3) consecutive days shall mean three (3) work days of the employee. 2001-2004 DELRAY BEAC~{/NCF&O 99 ARTICLE 3 6 This Agreement may be amended at of both Parties, but no fOrce or effect until such attempted Parties hereto. any time on mutual Consent amendment Shall be of any Placed in writing and executed by both 2001-2004 DE,T,,p..A~ ~AcH/NC~&o 100 ARTICLE 37 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be unlawful and unenforceable, such decision of the Court shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of a final decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the Union except as to the notice provisions of Article 39, concerning duration, modification, and termination, shall not be deemed to waive any such right or the right to exercise them in the future. (~ 2001-2004 DELRAY BEACH/NCF&O ]0] -'ARTICLE 38 EMERGENCY PAY POLICY Section 1 Whenever the City Manger declares that an emergency condition exists, and the City Manager calls for preparedness actions to take place either before, during or after the emergency, the City Manager may suspend the provisions of this Agreement as long as the provisions regarding pay and benefits shall remain in effect. Section 2 The parties agree that all hours actually worked by bargaining unit employees shall be recorded as regular hours and shall be paid to the employee at the employees' appropriate rate of pay as provided herein. Employees who are offered the option of not reporting to work shall be allowed to use vacation time to remain in pay status. If the employee has no accrued vacation, the City shall grant vacation leave in advance to be repaid to the City once the vacation time is accrued. Employees who are on approved vacation leave, leave with pay or sick leave during the emergency shall receive vacation, regular or sick leave pay as previously approved. Shift personnel who are scheduled off during the emergency shall receive no pay unless they are called in to work. In this 2001-2004 DELRAY BEACH/NCF&O 102 event, they shall receive their appropriate, rate of pay for all hours worked during the emergency. _ _ Shift personnel who are scheduled on during the emergency shall receive their appropriate rate of pay for all hours worked during the emergency. Premium pay shall be paid at time and one-half when appropriate. 2001-2004 DELRAY BEACH/NCF&O 103 ARTICLE 3 9 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 2001-2004 DELRAY BEACH/NCF&O 104 ARTICLE 40 DURATION, MODIFICATION, AND TERMINATION Except as otherwise provided in this Agreement, this Agreement shall be effective from October 1, 2001, and continue through September 30, 2004. If the parties have not executed a written agreement by the expiration date hereof, i.e., September 30, 2004, then the terms and conditions of this Contract shall nonetheless continue in effect, except as modified herein. Negotiations for a successor agreement shall commence not later than May 1, 2004. 2001-2004 DELRAY BEACH/NCF&O 105 ARTICLE 41 EXECUTION OF A~REEMENT In executing this Agreement, the President of the National Conference of Firemen & Oilers, AFL-CIO, Local 1227 represents that he/she has made the Bargaining Unit Employees aware of their responsibilities individually and collectively under this Agreement at a regularly scheduled meeting of the Organization and that by an affirmative voting, the vote of a majority of the membership present and individuals executing this Agreement have been authorized by the membership to take such action. Dated this day of , 2001. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: City Manager Approved as to form and legal sufficiency: City Attorney 2001-2004 DELRAY BEACH/NCF&O 106 National Conference of Firemen & Oilers, SEIU, AFL-CIO, Local 1227 ATTEST: By: Chi~ Negotiator' Committee Person By: C~mml~tee Person u: \ibf\93 - 95fin. ibf By: Committee Person 2001-2004 DELRAY BEACH/NCF&O -APPENDIX A CITY OF DELRAY BEACH NCF&O JOB TITLES TITLE JOB BASE NUMBER HOURS ~RADE LEVEL Animal Control Officer Apprentice Electrician Building Maintenance Worker Carpenter Crew Leader I Crew Leader ~ Crew Leader III Equipment Operator I Equipment Operator II Equipment Operator III Equipment Technician I Equipment Technician/Lawn Fleet Mechanic General Maintenance Worker 296 80 B09 374 80 B05 344 80 B05 322 80 B09 291 80 B04 293 80 B08 723 80 BI0 306 80 B04 307 80 B06 724 80 B08 537 80 B06 628 80 B08 611 80 B08 601 80 B01 200'1-2004 DELRAY BEACH/NCF&O 108 TITLE Irrigation Maintenance Worker Irrigation Maintenance Supervisor Jgurneyman Electrician Master Electrician Master Electrician Sr. Master Fleet Technician Mechanical-Electrical Technician Meter Maintenance Technician Neighborhood Improvement Worker Park Ranger Parking Meter Technician Pipelayer .~ Senior Fleet Technician Storekeeper I Street Maintenance Worker I Street Maintenance Worker II Street Maintenance Worker III Traffic Maintenance Worker Traffic Maintenance Worker Sr. Treatment Plant Operator "A" JOB BASE GRADE NUMBER - -HOURS LEVEL 603 80 B03 584 80 B10 340 80 B10 373 80 Bll 554 80 B12 675 80 B12 700 80 BL1 718 80 B06 667 80 B01 323 80 B01 192 80 B04 722 80 B05 674 80 Bll 605 80 B04 361 80 B02 362 80 B03 363 80 B05 604 80 B03 608 80 B05 618 80 Bll 2001-2004 DELRAY BEACH/NCF&O ]09 T~TLE Treatment Plant Operator "A"-Trainer Treatment Plant Operator "B" Treatment Plant Operator "C" Treatment Plant Operator Trainee Tree Trimmer TV Truck Specialist Utility Mechanic Utility Mechanic Sr. Utility Service Worker ~A" Utility Service Worker "B" Utility Service Worker "C" Vacuum Filter Operator Water Meter Reader JOB NUMBER 630 617 616 546 318 734 612 613 492 319 493 574 348 BASE HOURS 8O 8O 8O 80 80 8O 80 80 8O 8O 8O 80 80 ~RADE LEVEL B12 B09 B07 B04 B04 B07 B08 Bll B06 B05 B04 B03 B03 2001-2004 DELR~Y BFJ%CH/NCF&O 110 11/15/2001 15:27 ~0501243708-2 CITY OF D£LRAY S£ACH PAGE 01 Memorandqm of ,Und,erstnndin~ Thc City of D¢lray Beach, Florida and the National Conference of Firemen and Oilers, AFL- CIO, SEIU, Local 1227, agrees as follows: Effective, October 1, 2001, the following provision will apply to thc bargaining unit represented by the NCF&O: The proposed salary adjustments by reallocation of respective pay grades, attached hereto, shall be implemented effective thc first full payroll in fiscal year 2001/2002 dated October 6, 2001, Employees affected as a result of the reaJlocations noted above, shall receive a minimum of 2.5% of current base rate of pay or the value of the reallocation as proposed, which ever is greater. Ail employees unaffected by this reallocation adjustment shall receive a one time salar7 adjustment of 2.5% effective the first full payroll in fiscal year 2001/2002 dated October 6, 2001. 4. Certain salary adjustments by reallocation of pay grsde shall be implemented, effected the first full payroll in fiscal year 2002/2003. Employees affected by these reallocations (2002/2003) shaJl receive a minimum of 2% of current base salary as of 10/1/02 or the value of the reallocation, as proposed, which ever is g~¢ater. Employees unaffected by Ge proposed reallocation for 2002/2003 shall receive a one-time s~lary adjustment of 2% of current base rate of pay as of 10/2/02 payable the first full payroll period of fiscal year 2002/2003. This Memorandum of Understanding is intended to substitute for and superccdc the MOU between the pm'ties dated October 4, 1999 and such MOU shall no longer have any force and effcct. 8. This MOU shall be effective for the period October I, 2001 thru September 30, 2004, when this MOU and this Collective Bargaining Agreement are approved by the parties. 9. Thc parties represent that they have full Icgal authority to cater into this agreement. 15:27 085612437882 -CITY 0F DE~RAY BEACH PaGE 10. All other terms of the Coll6ctivc Bargaining Agreement-for the period October l, 2001 thru $cpt~mbcr 30, 2004 arc binding, cxccp! wh~rc expressly modified hcrcin or hereinafter modified by the parties. Da~ed this day of ,2001. Attest City of Delray Beach, FL City Clerk By: City Manager Approved as to Form City Attorney National Conference Firemen & Oiler, 1227 ,/'By:-President ~/ff' I:IT¥ OF I]ELI:Ii:I¥ BERI:H 100 N.W. 15t AVENUE · DEERA~Y*BEACH, DELRAY BEACH AlI-AmericaCity 1993 Sharon Munley, President National Conference of Firemen & Oilers Local 1227, SEIU, AFL-CIO 937 Belvedere Road West Palm Beach, FL 33405 FLORIDA 33444 561/243-7000 Dear Ms. Munley: At the request of the Human Resources Director, Ned Gusty, I am forwarding this correspondence to address both the Union and the City's understanding for the call-out program in the current agreement Article 9 Section 7. During the recent negotiation for the development of the new three year contract (10/1/'01-9/30/04) the parties have agreed to implement a voluntary program as the most desirable option on the stand-by issue. As such, the City has agreed to establish an hourly rate supplement for employees who voluntarily participate in the stand-by program. This supplement shall be paid at the hour rate of $.48 for all hours worked by participating employees and shall replace the current method of compensation. Additionally, the stand-by supplement shall be added to an employee's base rate of pay and all overtime will be calculated at this adjusted assessment. The parties accept this program as being fair and equitable to both the Union and the City of Delray Beach. Any further adjustments shall be subject to negotiation between the parties. I trust this arrangement shall greatly assist the administration of a stand-by program for the employees represented by NCF&O. S~ncerely., David T. Harden City Manager Cc: Ned Gusty, Human Resources Director /sg l~nnted o~ Recycled P~oer THE EFFORT ALWAYS MATTERS £1T¥ DF DELRR¥ BER£H De ra NI-Amerlca City er 30,2001 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-700,5 1993 Sharon A. Munley National Conference of Firemen & Oilers NCF&O Local 1227, SEIU, AFL-CIO, CLC 937 Belvedere Road West Palm Beach, FL 33405 Dear Ms. Munley: I have received and reviewed your correspondence dated October 26, 2001, regarding the NCFO Local 1227 position on the final terms presented by the City toward contract settlement. I am pleased that your bargaining committee has decided to recommend the contract terms for settlement that have been successfully negotiated between the City and Local 1227. Although the City offer to trade a personal holiday for Veteran's Da)' was unacceptable, it seems that the two half da)' (1/2 day Easter- Good Friday and ½ da)' Christmas Eve) conversion to a full da3' on Christmas Eve was indeed an acceptable trade offer. The issue of additional time off for Veterans Day, to allow Veterans employed by the City a txvo hour period of administrative leave with pay, has been offered as an incentive to encourage attendance and support for Veterans services. Should an employee choose to request additional time off such time may be requested and charged to other accrued personal holiday time and/or vacation leave. I trust this arrangement may be accepted as a reasonable approach to satisfy this issue, and we look forward to ratification by the Local 1227 and the City Commission on the newly negotiated labor agreen~ent. Sincerely, ~avid T. Harden City Manager THE EFFORT ALWAYS MATTERS Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Dat~. November 13, 2001 Re: Appeal of a Decision of the Site Plan Review and Appearance Board (SPRAB) Delray Beach Shopping Center (AKA The Antique Mall) Blanket Sign Program ITEM BEFORE THE BOARD: Consideration of an appeal to the decision made by the Site Plan Review and Appearance Board (SPRAB) for the Blanket Sign Program governing fiat wall signs at the Delray Shopping Center. The owner of the "Antique Mall" store is asking City Commission to consider amending SPRAB's decision to limit the size of the letters used in their fiat wall s~gn to 24 inches. They had proposed 30~inch h~gh lettering. BACKGROUND: SPRAB approved the freestanding, monument sign for the plaza on August 16, 2000 with the condition that a complete sign package for the tenant spaces be submitted back to the board for their consideration and approval. Staff presented the proposed sign package at the October 17 meeting. The owner of the Antique Mall is the first tenant fiat wall sign to be installed. They are located at the north end of the shopping center in the largest tenant space with 133 lineal feet of frontage. The fascia area where the sign is to be attached is 5'9" high. The sign is non-illuminated and will be mounted directly to the fac.~de. The remaining tenant signs were proposed to have internally illuminated channel letters, mounted on a raceway with 24-inch letters. The signs meet the requirements of the code. By proper motion, the board reduced the Antique Mall fiat wall sign letters to 24 inches and the remaining tenant letter size to 18 inches. The board has been very consistent in limiting the letter size for strip shopping centers to 24 inches. Mr. Rechner is thus appealing the board's decision. He is stating that the height and width of the existing fac,,ade for his store area can adequately and aesthetically support the 30-inch letters. He believes the board's decision to reduce the height of the letters does not take into consideration the size and height of his store front in comparison to the other tenant spaces. A copy of the minutes from the SPRAB meeting is attached for your reference. RECOMMENDATION: Staff is recommending that the Commission consider the appeal request. The owner, Mr. Rechner will be present to answer questions. ® Page 1 DEIJ:IAY BEACH ANTIQUE MALL, INC. 1350 N. FEDERAL HWY. DEL.R~Y BEACH, FL 83483 561-274-9191 icrc? N .~j 0 Oft %i c~ ~o L.E- ~r-l-~S Ff~o~ "~o'~ tq~C~F-/ , CITY C..LEEK' SiTE Agent: Project Name: Project Location: Mr. Carlos Garcia-Velez, Agent ANAZA, INC. Delray Beach Shopping Center, a.k.a. "Antique Mall" 1310- 1350 N. Federal Highway ITEM BEFORE THE BOARD The item before the Board is for SPRAB's consideration of a Blanket Sign Program for tenant flat wall signs at the Delray Beach Shopping Center, located at 1350 N. Federal Highway. BACKGROUND At the August 16, 2000, SPRAB approved a Master Sign Program for the freestanding, monument sign as the main identification sign for the plaza, with the condition that a complete sign package for the tenants be presented for the Board's approval. Staff is now presenting a Blanket Sign Program for the Plaza, to establish the aesthetic package for the tenant signs. These signs will comply with the Sign Code. The tenant at the North end of the center is called the ~'Delray Antique Mall". This tenant is requesting yellow copy, font in Goudy Extra Bold, with 30-inch high letters. The letters will be non-illuminating and mounted directly to the marquee. The green marquee is 5' 9" in height. The remaining tenant signs are proposed to be internally illuminated channel letters, mounted on an 8" x 8" raceway, 24-inches (2' 1/2") in height. All letters are to be a maximum of 5 inches in depth. The colors will be yellow, red or green, the raceway will match the fascia, the return and trim caps will be in bronze or silver in color. The letter style will be Goudy Olst Bold. The signage will not be more than 75% of the frontage. ALTERNATIVE ACTIONS 1. Deny the Blanket Sign Program as presented for the DelrayBeach Shopping Center for color, size, and style. 2. Support and authorize the Blanket Sign Program for the Delray Beach Shopping Center based on positive findings. 3. Support and authorize the Blanket Sign Program for the Delray Beach Shopping Center with specific modifications and recommendations by SPRAB. RECOMMENDATIONS Staff supports the Blanket Sign Program with a recommendation that the color yellow be discussed and possibly changed to a gold tone. Meeting Date: October 17, 2001 Agenda Item' 111. C Delray Beach Shoppin.q Center (aka The Antique Mall; 1310-1350 North Federal Hiqhway; Blanket .Sign Program; Carlos Garcia-Velez, Authorized Agent. The item before the Board is approval of a Blanket Sign Program for tenant flat wall signs at the Delray Beach Shopping Center. Ms. Andrea Strohmer, Plan Review Technician presented the item to the Board through a review of the staff report. At its meeting of August 16, 2000, SPRAB approved a Master Sign Program for the freestanding monument sign as the main identification sign for the plaza. Also, a condition of approval was that a complete sign package for the tenants be presented for the Board's approval. The first tenant sign is for Delray Antique Mall that is located at the north end of the Center. This tenant is requesting yellow copy, font in Goudy Extra Bold, with 30-inch high letters, 2 ½ feet and 57 feet long for a total of 142.5 sq. ft. The bay frontage is 133 feet and the largest bay in the plaza. The fascia area that the sign will be attached to is 5'9" high and the fascia is green. The sign will be non-illuminated and mounted directly to the facade. The remaining tenant signs are proposed to be internally illuminated channel letters, mounted on an 8" x 8" raceway, 24-inches (2' 1/2") in height. All letters are to be a maximum of 5 inches in depth. The colors will be ~/ellow, red or green, the raceway will match the fascia, the return and trim caps will be in bronze or silver in color. The letter style will be Goudy OIst Bold. The signage will not be more than 75% of the frontage. Ms. Strohmer stated that staff leaves it up to the discretion of the Board for establishing the Blanket Sign Program for this shopping center. Mr. Carlos Garcia-Velez of ANAZA, Inc., stated that he was available to answer any questions. The Board discussed the following issues/concerns with the applicant. · Mr. Sneiderman felt that the tenants shouldn't have a choice of three colors for signs in the shopping center. There should be a consistency of color for the signs. Allowing tenants a choice of colors doesn't add to the shopping center, but would make the shopping center look like a menagerie of color. Mr. Garcia-Velez stated that they would omit the red. · Mr. Sneiderman inquired how far the shopping center was set back from the road. Mr. Garcia-Velez stated that it is about 75 feet. Mr. Sneiderman conbnued that at this distance, 24 inch high letters are not needed for the tenant signs and 30 inch high letters are not necessary for the Delray Antique Mall. · Mr. Sneiderman commented that a rendering wasn't provided to the Board that shows to scale the size of the letters on the bay frontage. Mr. Anton Rechner, Owner of the Delray Beach Antique Mall, Inc. stated that the sketch included in the Board's packet is too exact proportion. He presented a larger rendering that was to exact scale and stated that if the letters have to be made smaller that they would be out of proportion and look silly. · Mr. Sneiderman stated that staff should have verified that 30" h~gh letters where allowed and had a rendering drawn to scale in the Board's packets. Mr. Sneiderman commented that the lettering for the tenant signs would be visible at 18" high, and the lettering for the Delray Antique Mall at 24" high. · Mr. Eliopoulos suggested that the bottom soffit of the Delray Antique Mall be painted cream to match the rest of the soffit around the building. Green lettering for all signs with 24" high letters for the Delray Antique Mall with a banding to off set the 24" high letters, and 18" high letters for the tenant signs, which the green would match the pylon sign. · Mr. Rechner stated that his corporate color is yellow. After further discussion, it was the consensus of the Board that the tenant signs should be green with 18" high letters, and Delray Antique Mall yellow with 24" high letters. It was moved by Mr. Sneiderman, seconded by Mr. Eliopoulos and passed 5-0 to support and authorize the Blanket Sign Program for the Delray Beach Shopping Center based on positive findings, ~ubject to the following conditions: 1. (NEW,That all of the letters on the tenant signs shall be 18" and green in color. 2. (NEW) That the Delray Antique Mall letters shall be 24" and yellow in color. Vice-Chairman DeCapito asked Mr. Rechner if he understood the motion that had just been approved. Mr. Rechner stated yes, however he was still trying to request the 30" high letters. Vice-Chairman DeCapito stated that he understood that, and the Board had considered the 30" high letters, however the Board felt that 24" high letters where sufficient and more aesthetically pleasing. Mr. Rechner was adamant regarding pursuing 30" high letters. Vice-Chairman DeCapito asked staff to advice Mr. Rechner what his options where. Mr. Pape explained that if Mr. Rechner has new evidence to enter into the record, he can return for the Board to reconsider, or Mr. Rechner can make an appeal of the Board's decision to the City Commission. Ill Date: 11/13/01 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: ~ Consent Agenda ~ Special Agenda __ Workshop Agenda When: 11/20/01 Description of agenda item (who, what, where, how much): Appeal of SPRAB's Decision for Blanket Siam Program at the Delray Beach Shopping Center, a/k[a Antique Mall- 1350 N. Federal Highway. Deb'ay Beach Department Head~ Signature: x,.~/ CiW Attorney Review/Recommendation (if appficable): Budget Director Refiew (required on aH items involving expen~mre of ~nds): Yes / No Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: [~ds / No Initials: Hold Until: Agenda Coordinator Review: Received: EXHIBIT A TO: THRU: FROM: SUBJECT: MEETING OF NOVEMBER 20, 2001 CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 4.1.4(C)(LOTS OF RECORD) WHICH REQUIRES THE COMBINATION OF ADJOINING LOTS OF RECORD WHICH DO NOT INDIVIDUALLY MEET MINIMUM LOT REQUIREMENTS. The subject property(Lot 20, Subdivision of Block 65, Town of Delray) is located on the west side of NE 1st Avenue, approximately 282' south of NE 4th Street, and is zoned Old School Square Historic Arts District (OSSHAD). The applicant is requesting a waiver in conjunction with a development proposal for Forman Home/Office, which includes the conversion of the first floor of an existing single-family residence and a detached garage to offices, the construction of a 260 square foot building addition to the principle structure, as well as the installation of parking, and associated landscaping. According to the Palm Beach County Property Appraiser's records, Mr. Theodore S. Forman purchased the subject property in July of 2001 along with the adjoining Lot 19 from Mr. Henry D. Freeman. Immediately following this purchase Lot 19 was sold to another party. Lot 20 contains an existing single family residence, and Lot 19 is vacant. Both lots do not meet the minimum lot frontage and area requirements of the OSSHAD zoning district. A request has been submitted by Mr. Forman to waive Land Development Regulations (LDR) Section 4.1.4(C), which requires that if two (2) or more adjoining lots of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Additional background information and a complete analysis of the request can be found in the attached HPB Memorandum Staff Report, which has been attached. At its meeting of November 7, 2001, HPB reviewed the waiver request and voted 5-1 (Simon dissenting, Bodker abstaining) to recommend to the City Commission approval of the waiver request. The Board felt that the approval of the waiver request would allow for smaller lots consistent with the development pattern of the Old School Square Historic Arts District. Mr. Simon felt that granting this waiver would result in a special privilege, and that the applicant/owner should have gathered further information as to the ramifications the sale of Lot 19 would have upon Lot 20. Commission's Discretion. Attachments: [] Location Map [] HPB Memorandum Staff Report [] Survey LAKE ID A R D. N.E. 4TH ST. o I N.E. 5RD ST. -II I I II N CITY OF DE1.RAY KAle, FL PLAHNING Jr ZONING D~PARTMENT BLOCK 65 Agent: Robert G. Currie Partnership Project Name: Forman Home/Office Project Location: 334-NE 1st Avenue (west side of NE 1st Avenue, approximately 282' south of NE 4th Street) The item before the Board is a recommendation to City Commission on a waiver request for Forman Home/Office, pursuant to Land Development Regulations (LDR) Section 2.4.7(B). The subject property is Lot 20, Block 65, Town of Delray, and is zoned Old School Square Historic Arts District (OSSHAD). According to the ret~ords of the Palm Beach County Property Appraiser's Office,-Mr. Theodore S. Forman purchased the subject property in July of 2001 along with the adjoining Lot 19 from Mr. Henry D. Freeman. lmmediatelyPfollowing this_purchase Lot 19 was sold to another party. Lot 20 contains an existing single family residence, and Lot 19 is vacant. Pursuant to LDR Section 4.1.4(C), except for single family residences subject to the R- 1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the _provisions of LDR Section 2.4.7(B). For all properties located within the designated historic districts, or designated as historic sites, or properties listed on the Local Register of Historic Places, the Historic Preservation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the City Commission. Based on the records of the Palm Beach County Property Appraiser's Office, the subject properties (Lots 19 and 20) were under the same ownership as of October 18, 1994, and until July of 2001. Each lot has a dimension of 50' x 126' and only 6,300 square feet in lot area. The following indicates that at the time of joint ownership the combined properties complied with minimum lot size and frontage/width requirements of LDR Section 4.1.4(C) as it pertains to the OSSHAD zone district: Meeting Date:-November 7; 200t - - Agenda-Item: III; A. RPB MemdrandUm Staff R~'~brt ...... Forman Home/Office - Waiver Request Page 2 of 3 Required: Provided: Total Frontage & Width: 80' 100' TotalArea: 8,000 sq. ft. 13,100 sq. ft. While the applicant has sold Lot 19, a formal request is now being processed to waive LDR Section 4.1.4(C). The development proposal is to convert the existing single family residence and garage on Lot 20 to offices. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe Situation, and; , (d) Does not result in the grant of a special privilege in that the same waiver would _be granted under similar circumstances on other property for another applicant or oWne~. ~ ....... The granting of the waiver in question will allow the further development of two 50' x 126' parcels of land with 6,300 square feet of lot area. Fourteen (14) of the initial twenty-eight (28) lots within the block have been combined with one another, thereby creating seven (7) conforming lots with respect to dimensions and lot area, and leaving 14 nonconforming lots (including the subject property). Those lots that have combined have predominantly done so for the purpose of residential rather than commercial development. However, there have been three (3) conversions from residential to commercial uses, two (2) of which are located on combined lots. That said, the predominant land use pattern is residential in nature on 50' x 126' lots. Accordingly, the granting of the waiver should not have any adverse impact upon the neighboring areas. The intent of this code section was to ensure that future development would be consistent with the predominant development pattern in a specific area. As the granting of the waiver will only allow the development of Lot 20 independent of Lot 19, the provision of public facilities should not become significantly diminished, and an unsafe situation will not be created. As the circumstances surrounding the waiver request pertain to the current property owners creation of the nonconforming situation by selling Lot 19 independent of Lot 20; it is difficult to ascertain whether this waiver should be granted. It is also difficult in this case to make a finding that it would not result in a special privilege that would not be granted on another property. Further, requiring the combination of the lots appears more appropriate with a HPB l~,lemorandum '~taff Rep~Jrt ...... - Forman Home/Office- Waiver Request Page 3 of 3 mixed-use or commercial development, as it would allow for required parking, etc. to be accommodated. It is noted that the current development proposal to convert the existing single family residence on lot 20 to mixed-use does not accommodate the required parking. A. Continue with direction. Recommend of approval of the waiver request for Forman Home/Office, based upon positive findings with LDR Section 2.4.7(B)(5) in that the waiver is consistent with the existing development pattern within this block. Co Recommend denial of the waiver request for Forman Home/Office based upon failure to make positive findings with respect to Section 2.4.7(B)(5), in that the request will represent a special privilege. Board's discretion. Attachments: · Survey 'Staff Report Prepared by: Robert G. Tefft, Planner TO: FROM: SUBJECT: DATE: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Directo~ COMMUNITY CENTER SHELTER UPGRADE November 13, 2001 www delrayesd corn Attached is a memorandum from The State Department of Community Affairs providing notification of the next application cycle for the Emergency Management Preparedness and Assistance Competitive Grant Program. This is the program through which we will be applying for grant funding of the required mitigating construction at the Community Center to comply with American Red Cross (ARC) Standards for hurricane shelters. The project will consist of additional roof truss fastening in the ticket booth and office addition at the Community Center and construction of intermediary poured concrete colunms in the exterior and load bearing walls of the structure to reduce dimensions between colunms to values compliant with ARC requirements. Completion of the project will provide a total additional shelter space for 835 people. The estimated project budget is $ 521,725. We had previously budgeted a $50,000 match in current year capital funding for this project, planning to request grant money for the remaining $ 471,725. The maximum award under this program is $300,000, so we will have to increase matching funding to provide the difference in construction costs. Since funds awarded through this program will not be available before July 1, 2002, we have an opportunity to program the additional requirement of $172,000 in the fiscal year 2002/2003 capital budget. Upon completion of the grant application by Lisa King of Langton Associates, the Mayor will need to execute the application request and cover letter for the City. We would like to review the grant with City Commission at their November 20~h regular meeting, and request authorization for the Mayor to execute the required application documentation for the grant request. /rch STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary October 17, 2001 TO: FROM: MEMORANDUM Emergency Management, Preparedness, and Assistance Trust Fund Mailing Lists W. Craig Fugate, Director Division of Emergency Management SUBJECT: Advance Notification Regarding Availability of Funds-Emergency Management, Preparedness, and Assistance Competitive Grant Programs The Department of Community Affairs is providing you with advance notification of its intent to open the Fiscal Year 2002-2003 application cycle for competitive awards from the Emergency Management, Preparedness, and Assistance (EMPA) Trust Fund. We anticipate the official Notice of Funding Availability (NOFA) will be announced in the November 16, 2001 edition of the Florida Administrative Weekly, with an application submission deadline of February 14, 2002. Contingent on a Legislative appropriation and pending no appeals, funds provided under the Fiscal Year 2002-2003 cycle will be available to award recipients no earlier than July 1, 2002. The Department encourages all interested and eligible parties with projects that will enhance emergency management capabilities within the State of Florida to apply for awards during this open period. As provided for in Rule Chapter 9G-19, F.A.C., two programs offering competitive awards encompassing four separate categories are available as follows: 2555 SHUMARD OAK BOULEVARD · TAILAHASSEE, FLORIDA 32399-2100 Phone: 850.488 8466/Suncom 278 8466 FAX 850 921.0781/Suncom 291 0781 Internet address, http//www dca.state.fi.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas H~ghway, State 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumaffi Oak Bouleva~ Tallahassee, FL32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 Memorandum October 17, 2001 Page Two PROGRAMS 1 EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM - provides competitive grants to state, regional and local governments, and private non-profit organizations to implement projects that will further state and local emergency management objectives. Multiple applications may be submitted, however, no single application may request or receive more than $300,000 in grant funds. Each state or regional planning agency, each private non-profit organization, and each municipality (as defined in 9G-19.007 (4), F.A.C.,) shall be limited to no more than three (3) submissions in an application cycle. Anticipated funds available under this program for the 2002-2003 cycle - $3,475,030 MUNICIPAL COMPETITIVE GRANT PROGRAM - provides competitive grants to municipalities that are legally constituted, have an authorized, established, and maintained emergency management program and have signed the Statewide Mutual Aid Agreement (SMAA) and supplied all required information and documentation such that the SMAA is ready to be signed by the Division of Emergency Management as of the date of the application deadline. Each Municipal Emergency Management Program may apply for one competitive grant under this program, not to exceed $50,000. Anticipated funds available under this program for the 2002-2003 cycle - $1,251,010 CATEGORIES Projects that will promote public education on disaster preparedness and recovery issues. 2 Projects that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business partnerships efforts. 3 Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the Florida Comprehensive Emergency Management Plan. 4 Other projects that will further state and local emergency management objectives designated as priorities in the applicable Notice of Funding Availability. Memorandum October 17, 2001 Page Three Priority Areas Projects which implement the community's Local Hazard Mitigation Strategy and are clearly identified as projects which can be initiated and completed within the 12 month grant cycle contract period. The applicant must provide a copy of their Local Mitigation Strategy priority initiative list reflecting inclusion of their project(s). * 12 Projects which will improve emergency management capabilities in any of the following fundamental areas of preparedness, response or recovery: * Continuity of Government Plans Continuity of Operations Plans Special Needs Population Wildfire Mitigation Community/Neighborhood Outreach Citizen Warning Proposals must be clearly linked to all applicable Comprehensive Emergency Management Plans and must contain appropriate implementation and operational procedures. 13 Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities as identified on the ESF Matrix on page 30, figure 7 of the Florida Comprehensive Emergency Management Plan. * * At a minimum, all critical facility projects, whether mitigation, retrofit, renovations or new construction, must conform to the hurricane vulnerability guidelines established in the American Red Cross' publication "Guidelines for Hurricane Evacuation Shelter Selection" (ARC 4496, July, 1992). To assist in the determination of a facility's compliance with these guidelines, an ARC 4496 Evaluation Questionnaire, October 2000 version will be made available. If these standards cannot be met until the project is complete, the evaluation will need to reflect what measures will be used to reach a compliance status. THE EVALUATION QUESTIONNAIRE MUST BE COMPLETED AND SUBMITTED WITH THE APPLICATION. Memorandum October 17, 2001 Page Four Critical facilities include, but are not limited to, hurricane shelters, Emergency Operations Centers, structures for fire stations, rescue operations, or law enforcement facilities, hospitals, public works facilities, etc. Other more stringent codes and standards may apply to new construction or substantial renovation/retrofit projects. Applications addressing the above (A through C) priorities should be submitted under Project Category #4, "Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availability" listed in Section I of the Competitive Grant Application Packet, May 2000 version, form #006. TO REQUEST THE RULE, APPLICATION PACKET AND ARC 4496 EVALUATION QUESTIONNAIRE, SEE THE ENCLOSED APPLICATION REQUEST INFORMATION OR YOU MAY OBTAIN THESE DOCUMENTS FROM OUR WEBSITE AT WWW.DCA.STATE.FL.US/CPS/GRANTS.HTM. In conjunction with this offering, eight EMPA Competitive Grant Preparation Workshops will be conducted during November, 2001. If you are applying for a grant under this grant cycle, it would be beneficial to attend one of the eight workshops. More detailed information will be provided on the State's priority issues, a review of the Application format, a review of the Rule Chapter 9G-19, F.A.C. and other information relevant to the programs. TO PRE-REGISTER FOR ANY OF THESE WORKSHOPS, SEE THE ENCLOSED WORKSHOP INFORMATION/PRE-REGISTRATION FORM. WCF~c Attachments DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND EMERGENCY MANAGEMENT COMPETITIVE GRANT AND MUNICIPAL COMPETITIVE GRANT APPLICATION PACKET MAY 2000 VERSION FORM #006 - IMPORTANT- BEFORE PREPARING YOUR PROPOSALS FOR SUBMISSION, THOROUGHLY READ THIS ENTIRE APPLICATION PACKET AND RULE CHAPTER 9G-19, FLORIDA ADMINISTRATIVE CODE EXTENSIVE CHANGES HAVE BEEN MADE TO THE FORMAT OF THE APPLICATION. IF APPLICABLE, ARC 4496 MUST BE SUBMITTED WITH APPLICATION. APPLICATIONS MAY BE SUBMITTED THROUGH THE INTERNET AT THE FOLLOWING WEBSITE: EMPA~DCA. STATE.FL.US APPLICATIONS MAY BE OBTAINED FROM THE INTERNET AT WWW.DCA.STATE.FL.US/CPS/GRANTS.HTM EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND Competitive Grant Application Packet TABLE OF CONTENTS Section I Programs/Categories Available and Eligible Applicants Section II General Information Regarding Proposal Submission Section III Proposed Project Presentation and Scoring Criteria Summary Section IV Scoring Point Range and Detail of Criteria Section V Application Organization and Format for Submission Section VI Selection Procedures Attachments 1. 2. 3. 4. s. Title Page Format Project Budget Format Project Budget Example Expenditure Category Definitions ESF Matrix Page 1 2 3 12 13 14 15 16 17 18 SECTION I PROGRAMS/CATEGORIES AVAILABLE ELIGIBLE APPLICANTS PROGRAMS: Pursuant to Rule Chapter 9G-19, Florida Administrative Code, the Emergency Management Competitive Grant Program and the Municipal Competitive Grant Program make funds available annually to eligible applicants for one-time projects that will further state and local emergency management objectives. Project submissions should be designed to be completed within a time frame of 12 months. EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM - provides competitive grants to state or regional agencies, local governments, and private non-profit organizations to implement projects that will further state and local emergency management objectives. Applicants may submit multiple proposals, however, no individual proposal may exceed $300,000 in requested grant funds. Any Florida state or regional planning agency, or a private non-profit organization, and all municipalities shall be limited to no more than three (3) submissions in an application cycle. MUNICIPAL COMPETITIVE GRANT PROGRAM - provides competitive grants to municipalities that are legally constituted, have an authorized, established, and maintained emergency management program, and have signed the current Statewlde Mutual Aid Agreement (SMAA) and supplied all required information and documentation such that the SMAA agreement is ready to be signed by the Division as of the date of the application deadline. Each Municipal Emergency Management Program may apply for one competitive grant not to exceed $50,000 in requested grant funds. APPLICATION CATEGORIES: Applications are accepted in the following four categories under both programs: 1. ProJects that will promote public education on disaster preparedness and recovery issues. Projects that will enhance coordination of relief efforts of statewide private sector organizations, including pubhc-private business partnership efforts. Projects that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availability. SECTION II GENERAL INFORMATION REGARDING PROPOSAL SUBMISSION Application packets and copies of the current Notice of Fund Availability and the apphcable Florida Admimstrative Code (F.A.C.), Rule Chapter 9G-19 may be obtained from the Dlwsion of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention EMPATF Program, or from the current Internet site, or by calling (850) 410-1595. All applications must be no more than 15 pages, complete, accurate, and legible when submitted and must meet the requirements detailed in 9G-19.008(8), F.A.C. or they shall be rejected. If a hard copy of the application is submitted, then it should be securely bound in a folder appropriate for the size of the proposal. If a hard copy of the application is submitted, an original and five (5) copies of the application must be received. The original shall be labeled "Original" and shall contain an original s~gnature in ~nk of the authorized official as specified ~n 9G-19.008(7), F.A.C. If submitting application on-hne then one copy in WordPerfect format shall be submitted. Also, apphcatlons will be accepted on a 3 1/4" d~skette. A municipality may submit only one proposal per funding cycle under the Municipal Competitive Grant Program. If more than one application per municipality is received by the Department under that program, the one with the earliest post mark or, in case of deliveries made by courier, the earliest time/date log-in stamp will prevail. o Under the Emergency Management Competitive Grant Program, any Florida state or regional planning agency, or a private non-profit orgamzat~on, and all municipalines shall be hmited to no more than three (3) submissions in an apphcat~on cycle. Applications must be received by the Department of Community Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, Attention: EMPATF, by 4:00 p.m. Eastern Time on date noticed in the Flonda Administrative Weekly. If submitting on-line then the file must be transferred to the Division at EMPA~DCA. STATE.FL.US by 4:00 p.m. Eastern time on the date noticed xn the Florida Administrative Weekly. Also, a hard copy of the title page containing the original authorized signature must be submitted by mall and must be received by the noticed apphcation deadline date. 8. Facsimile transmissions will not be accepted. Eligible applicants desinng a preliminary technical rewew of their proposals prior to the apphcatlon deadline must comply with ss. 9G-19.008(5), F.A.C. Apphcations received after the preliminary technical review deadhne (m~mmum 21 days prior to the apphcat~on deadline) will not be eligible to receive a preliminary technical review. 10. Ail applications shall be submitted not later than 4:00 p.m. Eastern time on the date of the published application deadline date. With the exception in paragraph (e) of Rule 9G-19.008(5), no application may be amended, added to, or otherwise modified after 4:00 p.m. Eastern time on the date 2 of the published application deadline, other than to provide clarifying information as requested by the Division. SECTION III PROPOSED PROJECT PRESENTATION and SCORING CRITERIA SUMMARY INS TR U CTIONS : AH points awarded will be based on information provided in this section and detailed in Section IV. The information is to be presented in narrative form, and MUST address all six (6) of the scoring criteria areas as grouped below. Since the project proposal is to be presented as a single narrative rather than in a question~answer format, flexibility is provided to the Applicant in presenting the information, e.g., the Applicant need not repeatedly detail the description of the project in order to address individual criteria areas; or, criteria area t42 may be discussed in combination with 141, etc. As long as all criteria are clearly identified, grouped as shown below and fully addressed, the presentation style of the narrative is the Applicant's choice. The narrative should be concise and to the point, but no more than 15pages may be used for the entire application. Shown on the left of each scoring criteria area, is the maximum number of points that may be awarded for that specific criteria area; this score information is not to be included in the proposal narrative, but is provided here for your information purposes only. The scoring criteria listed below is presented only as a brief summary statement of the more detailed information that is required in the submission. Each of these 6 areas should be clearly and fully addressed in the project presentation narrative. Explicitly detailed information on the full range of points that may be awarded for every scoring criteria listed is provided in Section IV of this packet. Careful attention must be paid to the guidance in Section IV, so that the proposal includes all the information necessary to ensure receipt of the maximum number of points possible. Failure to clearly address any of the eight required criteria areas will result in the scoring of zero (0) points for each of the criteria not addressed. MAX PTS. SCORING CRITERIA SUMMARY Group I. Description of Need, Proposed Solution, and Expected Benefits 150 1. Clearly identify, describe and document the emergency management need or problem, provide an in-depth explanation of the proposal, and show how it meets the need/solves the identffied problem. If applicable, clearly link the emergency management need to the priority Issue area(s) contained in the current Not~ce of Fund Availability (NOFA); 75 2. Identify and demonstrate long- and/or short-term tangible benefits of this proposal coupled with the availability of resources necessary to continue the project; and Identify the number of emergency management personnel whose emergency management needs will be directly benefitted by the project. 4 Group II. Collateral Information for the Proposal 100 3. Clearly describe the project's consistency w~th the State Comprehensive Emergency Management Plan and any apphcable local plans; 100 4. Describe why th~s particular method or approach to solving the problem was chosen over other available alternatives. Include a proposed budget for the project and describe how it is necessary and appropriate to the scope of the project. NOTE: A SPECIFIC FORMAT IS REQUIRED FOR THE BUDGET DETAIL (SEE ATTACHMENT 2 OF THIS PACKET); 50 5. Identify Applicant's matching funds, either cash or in-kand and include supporting documentation; 25 6. Provide evidence of the abilities and qualifications of those persons proposed to work on the project if funded. 500 maximum total points Tiebreaker - Answer the following two questions: 1) Has the Applicant's jurisdiction been ~mpacted by an enwronmental clean-up ~nltiatlve? If so, describe the init~atlve and its impact on the Applicant. 2) Is the Apphcant located in a Front Porch Community? If so, please describe the location. After completing the narrative, use the above information as a "check list" to review the proposal. To ensure the maximum points, be certain the proposal contains a clearly identified and thorough discussion (as described in Section IV of this packet) of every scoring criteria area contained in the above. 5 SECTION IV SCORING CRITERIA DETAIL General: The following information is to be used for fully developing the project presentation. Individual review committee members score each proposal ~ndependently of each other, often resulting in a range of scores for the same proposal. Rewewers may award a point score anywhere w~thln the point range for the criteria being addressed. The specific point awards dmcussed in th~s section are prowded to serve as benchmarks. Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the project addresses. Clearly link the project to the priority. [Maximum score 150 points] Identify any demonstrated state or local emergency management need that will be addressed by the proposed project. Include documentation identifying and describing the need. Indicate whether the need ~s identified by statute, rule, plan or other legal requirement. Supply cop~es of the statute, rule, plan or other legal reqmrement. If the need is not identified by statute, rule, plan or other reqmrement, explain how this need was determined. Explain what the proposed project is and describe the extent to which the proposed project will address the demonstrated state or local emergency management need. Identify the expected result or ~mprovement in emergency preparedness, response, recovery or hazard m~tigat~on. 50points - state or local emergency management need to be addressed by the proposed project is clearly and succinctly identified; support confirming the need is supplie& application clearly, succinctly and rationally explains in depth what the project is and how and why the proposed project will address the emergency management need; application clearly, succinctly and rationally identifies a certain and credible positive effect on, or improvement in, emergency preparedness, response, recovery or hazard mitigation; 25points - state or local emergency management need exists but is tncompletely identified or incompletely supported; application provides an explanation of how or why the proposed project addresses the need, but the explanation is incomplete; application identifies a plausible and probable positive effect on, or improvement in, emergency preparedness, response, recovery or hazard mitigation; O points - no state or local emergency management need is identifie& the identified need is not supported or confirme& application fails to explain how or why the proposed project will address the emergency management nee& project will not have a posttive effect on, or improve, preparedness, response, recovery or mitigation; Include in the above portion of the narrative, ~f applicable, identification of the particular emergency management priority, or prmrities, to be addressed by the proposed project. The priorities must have appeared in the relevant Not~ce of Fund Availability. If the project will address more than one priority, ~dentify each priority addressed. Explain how and why the proposed project meets the ~dent~fied priority. If the proposed project ~s intended to address a need designated as a priority, clear hnkage between the priority need and the proposed project must be demonstrated. l OO points - emergency management priority to be addressed by the proposed project is clearly and succinctly identified; application clearly, succinctly and rationally explains how and why the proposed project will address the emergency management priority; application clearly, succinctly and rationally identifies a certain and credible positive effect on, or improvement in, the area identified as an emergency management priority; 50points - emergency management priority exists but is incompletely identifie& application provides an explanation of how or why the proposed project addresses the priority, but the explanation is incomplete; application identifies a plausible and probable positive effect on, or improvement in, the priority identifie& O points - no emergency management priority is identifie& the identified priority is not supported or confirme& application fails to explain how or why the proposed project will address the emergency management priority; project will not have a positive effect on, or improve, the area identified by the emergency management priority. Identify the immediate tangible emergency management benefits (short term projects, i.e. - 12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the a~vard (long term projects, i.e. - duration of longer than 12 months). Also, identify the number of emergency management organizations or the targeted population area whose emergency management needs will be directly benefitted by the project. [Maximum score 75 points] Each proposal must ~ndicate whether the project is either a short term project, long term project, or a combination. If a combination, then the proposal must clearly ~ndicate both short and long term emergency management benefits, and how the proposed project will achieve both types of benefits. If the proposal ~ndicates that the project has benefits which are short term, long term or both, and the proposal fails to clearly and plmnly indicate such benefits, the sconng will so reflect. Describe the specific emergency management benefits, both direct and indirect, of the proposed project. Indicate whether the proposed project will provide tangible, ~mmediate benefits that will further state or local emergency management objectives. If so, identify the specific benefits, and the spemfic emergency management objectives. Identify any long term benefits to these emergency management objectives. Indicate the expected commencement date, completion date, and milestones of the project. Include any supporting documentation. If a proposed project ~s ~ntended to initiate a longer term program, ~ndicate the emergency management benefits of this long term program. In&cate the bas~s for the expectation that this project will achieve those benefits, describing any testing, forecashng, methodology, stu&es or analysis used to support the forecast of benefits. Describe any and all resources to be used to continue the project past the first twelve months, and indicate the availabdity of those funds. Include documentation in the Appendix Section of the application to demonstrate the firm commitment of these long term resources. 75points - application clearly, rationally and succinctly indicates the type and time frame for emergency management benefits; clearly and succinctly describes the specific benefits, clearly and rationally explains whether they are direct or indirect, and clearly and unequivocally connects them with already identified emergency management objectives; includes significant supporting documentation; clearly and succinctly identifies reasonable commencement and completion dates, and appropriate milestones of the project; clearly identifies any testing, analysis, studies, forecasting, or methodology underlying the forecasted long-term benefits; studies, forecasts, analysis, testing or methodology are sound and support projected long-term benefits; resources to support long-term projects are clearly identified, described and firmly committed, as demonstrated by supporting documentation; 37points - application indicates the type and time frame for emergency management benefits; describes the specific benefits, explains whether they are direct or indirect, and connects them with already identified emergency management objectives, though some points may be omitted, or unclear; includes adequate supporting documentation; identifies feasible commencement and cotnpletion dates, and milestones of the project; supports the forecasted long-term benefits in some reasonable and rattonal manner; projected long-term benefits are credible; resources to support long-term projects are identtfied, and presumably committe& 0 points -fails to adequately identify the type and timeframe of emergency management benefits; fails to describe emergency management benefits, or explain them, or connect them with identified emergency management objectives, or description, explanation or connection ts not clear or rational, or equivocates; no supporting documentation, or inadequate supporting documentation; commencement and completion dates are not supplied or are unreasonable or unrealistic; milestones are not supphed or are inappropriate; testing, analysis, methodology, forecasting, or studies are not supplied, or are unsound, or are not supportive of claimed benefits; resources to support long-term projects are not tdentified, or are inadequate, or are not firmly committed. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. [Maximum score 100 pointsl Describe the manner and extent to which the proposed project is consistent with the State Comprehensive Emergency Management Plan. Identify the particular items in the State plan which are relevant to the project; link the consistency of the project with the State plan rationally, clearly and comprehensively. 50points - consistent in every respect-particular items in the plan are identified and the consistency of the project with the State plan is rationally, clearly and comprehensively explaine& 25points - substantially consistent - some items in the plan are identified and the consistency is rationally explained, though the project may not be consistent in every respect; O points - inconsistent in every respect -few or no items in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. Are any local comprehensive emergency management plans applicable to the proposed project? If so, identify the applicable plans, county and municipality, and describe the manner and extent to which the project is consistent with those emergency management plans. Identify the specific plan elements, goals, strategies or objectives that will be impacted and describe how the project will favorably impact them. Supply copies of pertinent parts of the plans in the Appendix Section or quote from the actual plans. If any letters of consistency or support have been received from applicable local emergency management agencies, reference them in the narrative and include them in the Appendix Section of the application. 25 point maximum~50 points if no municipal plan applies: 25/50points -plan exists and the project is consistent in every respect-particular elements in the plan are identified and the consistency of the project with the local plan ts rationally, clearly and comprehensively explaine& 13/2$ points -plan exists and the project is substantially consistent -some elements in the plan are identified and the consistency is rationally explained, though the project may not be consistent in every respect; 0 points - plan does not exist or the project is primarily inconsistent - few or no elements in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. For municipal competitive grants: Are any municipal comprehensive emergency management plans applicable to the proposed project? If so, identify the applicable plans, and describe the manner and extent to which the project is consistent with the plans. Identify those plan elements, goals, strategies or objectives that will be impacted and describe how the project will favorably impact each. Supply copies of pertinent parts of the plans or quote from the actual plans. If any letters of support have been received from applicable municipal emergency management agencies, reference them here and include them in the Appendix Section of the application. 25points -plan exists and the project is consistent in every respect-particular elements in the plan are identified and the consistency of the project with the municipal plan is rationally, clearly and comprehensively explained; 13 points -plan exists and the project is substantially consistent; some elements in the plan are identified and the consistency is rationally explained, though the project is not clearly or completely consistent; 0 points -plan does not exist or the project is primarily inconsistent -few or no elements in the plan are identified, consistency is not explained or the explanation is not rational, clear or comprehensive. 4. Discuss why this particular method and approach was chosen. [Maximum score 100 points] Identify the emergency management issues to be addressed and the reasonably available potential methods and approaches to address them. Identify any studies or analyses of the issue. Identify any applicable industry standards or policies. Describe the particular method and approach chosen for this project. Explain why this method and approach was chosen over the other available alternatives. Identify any literature or data supporting the use of this method and approach. Identify any previous attempts by the applicant or by other entities to address this or similar issues. Describe the method and approach used in the previous attempts and indicate whether the attempts succeeded or failed, and briefly explain why. Indicate any previous attempts to use this particular approach and method, and whether the previous attempts achieved the desired results. Describe the budget of the proposed project in a format consistent with Attachment 2 of this Application Packet. Group proposed expenditures in the following categories in a manner consistent with Attachment 4 of this Application Packet: Salaries and Benefits (includes salaries, fringe benefits, and other related costs for services related to the project by regular full-time employees); Other Personal/Contractual Services (includes the compensation for services related to the project by persons who are not regular full-time employees, such as temporary employees, board members or consultants); Administrative Expenses (includes the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's official indirect rate, if any, applied to those direct costs of management; the sum total of direct and indirect costs identified may not exceed 5% of total project costs); Expenses (includes the usual, ordinary, and incidental expenditures, including, but not limited to, commodities and supplies of a consumable nature, travel, printing, audit costs, etc.); Operating Capital Outlay (includes equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature and have a normal expected life of one year or more); Fixed Capital Outlay (real property [land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.] including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility). The budget should contain sufficient detail to allow evaluation of the proposed cost. Budget line items should include as appropriate, salaries and fringe benefits, indirect costs, travel, printing, subcontracts, minor equipment (the respondent is expected to possess or have available the equipment necessary to meet project demands), miscellaneous office and laboratory expenses, and explanations of unusual expenditures. The time of commitment based on a forty (40) hour work week and assomated salary of the principal and associate staff must be readily identifiable. Describe how the proposed budget is necessary and appropriate to the scope of work and intended project result. l OO points - potential methods and approaches are identified, explained and analyzed; studies, analyses, standards and policies are identified and rationally applied to the project; project method and approach are clearly, rationally and concisely identified and explaine& choice of method and approach is conclusively appropriate for the project; the budget of the proposed project is clearly and rationally set forth in exceptional detail; the application clearly, succinctly and rationally describes how and why the budget is necessary and appropriate to the scope and potential of the project; 10 $O points - some potential methods and approaches are identified, but identification is incomplete, or some methods and approaches are unexplained, or the analysis is incomplete; the method and approach is not consistent with some standards, studies or policies; choice of method and approach is deemed appropriate, even if some questions or concerns remain; the budget of the proposed project is set forth, though some, non-critical, details may be omitte& the application describes how and why the budget is necessary and appropriate to the scope and potential of the project; O points -potential methods and approaches are not identified, or insufficiently identified, and are unexplained, or irrationally or not clearly explaine& project method and approach is not tdentified or explaine& project method and approach is not appropriate for addressing problem or achieving goal; the budget and budget detail is not identified or is clearly deficient or incomplete; the application lacks an explanation of how or why the budget is necessary or appropriate, or the explanatton is not clear or rational, given the scope and potential of the project. 5. Identify Applicant's project match. [Maximum score 50 points] Describe the source and type of any funds that will be provided from other sources to match any grant funds received from the Emergency Management Preparedness and Assistance Trust Fund (EMPATF). Attach appropriate official documentation (e.g. Board Minutes or Resolutions) to indicate the firm commitment of the proposed cash matching funds. Indicate these funds in a percent format and a specific dollar figure. This information should agree with the budget information provided m criteria area #6. If any other funds have been applied for or received by the Applicant for the proposed project or a similar project, describe the source and type of funds, terms and conditions applicable to their use, term of availability, and consequences, if any, of failure to receive the EMPATF funds. Include documentation supporting the description. 50points - 2:1 match, or greater; 25points- 1:1 match; O points - 0 match; if the documentation does not indicate the firm commitment of funds then no points shall be awarded, i.e.- the application must include documentation evidencing the firm commitment of the funds in order for those funds to be credited as match. e Discuss the Applicant's experience and ability applied to the project [Maximum score of 25 points] Identify the relative experience of all persons (force account or outside contractor) proposed to work on the project, whether planning, design, execution or administration. Provide evidence of the abilities and qualifications of each as it relates to the project's specific requirements. Describe the availability to the applicant of the resources, including any personnel, detailed in the project budget, criteria area g4, and any anticipated delays expected to occur between the time an award is accepted and the commencement of the project. Demonstrate that the personnel and other resources identified are those necessary and appropriate to accomplish the project. 11 2$ points - the experience, abilities and qualifications of all persons is identified, and clearly, rationally and succinctly related to the proposedproject; the materials and other necessary items are clearly identified, described, and are available without qualification or delay; l$ £oints - the experience, abilities and qualifications of most persons involved in the project is identified, and accurately related to the proposed project; the crucial materials and other absolutely necessary items are identified and available, though there may be some tolerable qualification or delay; O points - the experience, abilities and qualifications of all pertinent persons is not identified, or is not related to the proposed project; matertals and other necessary items are not identified or are clearly incomplete or deficient for the project; the availability of the materials and necessary items is not indicated, or the indications are that there will be significant delays or problems in obtaining them. Tiebreaker - Answer the following two questions: 1) Has the Applicant's jurisdiction been impacted by an environmental clean-up initiative? If so, describe the initiative and its impact on the Applicant. 2) Is the Applicant located in a Front Porch Community? If so, please describe the location. 12 SECTION V APPLICATION ORGANIZATION AND FORMAT Application submissions shall be organized as follows: Letter of Transmittal - This letter should not exceed a page in length, and should briefly describe the applicant's proposed project, state a positive commitment to perform the work necessary to implement the project within the estabhshed time frame, and ~dentlfy the dollar amount of the funding requested from the Trust Fund. In addition, the letter should identify any other persons, companies, organizations or parties involved in the proposed project. The letter should also include the following assurances: that only those entities identified m the application are involved m the proposed project; that the application is made without collusion with any other entity submitting an apphcation; that the apphcatlon ~s, in all respects, fair and in good faith, without fraud or collusion; and that the signer of the apphcat~on has full authority to bind the applicant and all other revolved parties. Title Page - Each apphcation shall have a title page consistent with Attachment 1 contained m this apphcatlon packet. If submitting on-line or on d~sk, the title page must be received on hard copy by the Diwsion by the noticed deadline date. Also, a hard copy of the title page contaimng the original authorized signature must be submitted by mail and must be received by the not~ced application deadhne date. Table of Contents - Each application shall prowde a table of contents that reflects the format set forth ~n th~s section (V). Page numbers for the proposal budget and for the matching fund ~nformation shall also be d~splayed ~n the Table of Contents. Proposed Project Presentation - This portion of the application contains the narrative presentation of the proposed project as it relates to the six (6) scoring criteria. All scoring criteria listed in Section III and detailed in Section IV must be fully addressed. Applications will be evaluated and scored using only the information provided in the application. Each of the four proposal items listed above must be separately identified. The proposal budget must be consistent with Attachment 2 contained in this application package and must be tabbed. The section relating to matching funds offered by the Applicant must also be tabbed. Ifsubm~ng ~plicationon-lineoronadiskeachpageshouldbeclearlynumberedandm consecutiveorderaso~hned move. 13 SECTION VI SELECTION/AWARD PROCEDURES Applications shall be scored by the review committee in accordance with the provisions of 9G-19.009(2), F.A.C. Applications shall be scored by the rewew committee independently and the scores shall be totaled and averaged. Thereafter, the committee shall evaluate the scores, adjusting them through consensus, if necessary, to arrive at prehminary scores and rankings. Preliminary scores and rankings shall be prepared w~thin each category based upon the total number of points earned with the overall highest number of points determining priority for funding. Regardless of their competitive ranking, apphcations that do not score at least 300 points shall be ineligible for funding. The review committee shall recommend the scores and preliminary rankings to the Secretary of the Department for review and approval within the 60 days following the apphcation deadhne date. Once approved by the Secretary, preliminary scores and rankings shall be transmitted to all Applicants, along with any administrative proceeding rights. Final award of points shall be made by the Secretary of the Department, following completion of any administrative proceedings. * F~nal scores and rankings shall be transmitted to all Applicants in writing. Funds shall be offered to the Applicant with the overall highest score, then to the Applicant with the next highest score, and so on, until all funds have been offered or all ehgible applications have been funded. Applicants shall be given 21 days to accept or reject a proposed award at which time a fully completed proposal with all attachments should be submitted to the D~vision. Written not, ce of intent to accept or reject shall be delivered to the office designated in the notice of award. In the event an Applicant fails to accept or reject a proposed award within the specified time frame, the funds shall revert to the Trust Fund. Contractual agreements between the Department and awarded Applicants will be developed and executed to implement all funded proposals. Funded application subm~sslons will become part of the agreements. 14 EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 1 TITLE PAGE TITLE OF PROJECT AMOUNT REQUESTED FROM STATE $ AMOUNT MATCHING FUNDS COMMITTED $ This is an application for a competitive grant under (indicate ONLY one): !) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. 2) A project that will enhance coordination of relief efforts of statewide private sector organizations, including public-private business parmerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name of Organization: Address of Organization: E-mail address: Name of Chief Elected Official: Name of Chief Administrative Officer: Name of Applicant Contact: Title of Applicant Contact: Telephone Number of Applicant Contact: Federal Employee Identification (FEID) Number: AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C., or application will not be scored]: Signature: Title: EMPA COMPETITIVE GRANT APPLICATION 15 ATTACHMENT 2 Date: Proposed Budget Cash In-kind Total EMPA Total EXPENDITURE CATEGORIES Match Services Grantee Award Project Match Cost Cost A B A+B=C D C+D=E 1. SALARY AND BENEFITS 2. OTHER PERSONAL / CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES 4. EXPENSES 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY TOTAL EXPENDITURES PERCENTAGES A% B% C% D% E% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: Note: Use as many specific line item entries as are needed to thoroughly explain anticipated costs. 16 EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 3 ****Example**** Proposed Budget* Cash In-kind Total EMPA Total NDITURE CATEGORIES Match Services Grantee Award Project Match Cost Cost LARY AND BENEFITS A. Labor for shelter construction 2,106.00 2,106.00 2,106.00 HER PERSONAL / CONTRACTUAL SERVICES A. Electrician 11,025.00 11,025.00 MINISTRATIVE EXPENSES 412.00 412.00 412.00 PENSES A. 200 cots ~ $13.00 2,600.00 2,600.00 2,600.00 ERATING CAPITAL OUTLAY 43,000.00 A. 100 KW generator 40,000.00 B. trailer 3,000.00 ED CAPITAL OUTLAY A. Materials for generator shelter 2,750.00 2,750.00 2,750.00 AL EXPENDITURES 5,350.00 2,518.00 7,868.00 54,025.00 61,893.00 ENTAGES 9% 4% 13% 87% 100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: *[This example of a proposed budget is for a project which would enhance an existing Special Needs Facility and increase the county's sheltering capacity by providing emergency power and additional cots Specific line items detail planned cost elements. The grant funds would be used for the purchase and installation of a 100 KW generator and trailer. The county ~s contributing $2,600.00 cash for the purchase of 200 cots which cost $13 00 each. The county ~s also contributing $2,750 00 cash, for a total cash match of $5,350.00, for the purchase of material to construct a concrete shelter to protect the generator. The county is also making an ~n-kind services contribution of salaries and administrative expenses for a total ~n-k~nd services match of $2,518.00. Th~s brings the total grantee cost to $7,868.00 or 13% of the total project cost.] 1. Salary and Benefits: County staff used to construct shelter for generator, 3 employees estimated at 24 hours each. 2. Other Personal / Contractual Services: electricmn - wiring of the generator, received 3 estimates. 3. Administrative Expenses for overseeing the project, 3 personnel: School Board Superintendent 3 hours, Administrative Assistant 8 hours, County Engineer 14 Hours. 4. Expenses: 200 cots will be purchased at $13.00 each as a cash match for th~s project. 5. Operating Capital Outlay: portable 100 KW generator and trailer, received 3 estimates. 6. Fixed Capital Outlay: materials needed to construct a concrete shelter to protect generator. NOTE: Evidence of an Engineermg Survey to ensure facility meets American Red Cross shelter reqmrements (ARC 4496) is required. 17 EMPA COMPETITIVE GRANT APPLICATION ATTACHMENT 4 EXPENDITURE CATEGORY DEFINITIONS (For Use in Budget Development) 1. SALARY AND BENEFITS: The compensation for services that are directly related to the project by a person who is a regular employee in an established position for a specific period of time. 2. OTHER PERSONAL/CONTRACTUAL SERVICES: The compensation for services that are directly related to the project by a person who is not a regular or full-time employee filling an established position. This shall include but not be limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services specifically budgeted by each agency in this category. 3. ADMINISTRATIVE EXPENSES: The direct costs of staff managing the project and other direct costs for managing the project, as well as the recipient's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified herein shall not exceed 5% of total project costs. 4. EXPENSES: The usual, ordinary, and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a consumable nature, and excluding expenditures classified as operating capital outlay. 5. OPERATING CAPITAL OUTLAY: Equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature and has a normal expected life of one year or more. 6. FIXED CAPITAL OUTLAY: Real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility. 18 Request to be placed on: ~3Regular Agenda }-"}Special Agenda r-jWorkshop Agenda AGENDA REQUEST Agenda Item No. '~-~,- Date: November 13, 2001 When:November 20, 2001 Description of item (who, what, where, how much): Staff requests Commission authorization for the Mayor to execute grant application documentation for a $300,000 Emergency Management, Preparedness and Assistance Competitive Grant. The grant will provide funding for mitigating construction activities at the City's Community Center facility to achieve compliance with American Red Cross requirements for hurricane shelters. The project will provide an additional 835 shelter spaces. Matching funds are currently programmed in this year's capital budget in the amount of $50,000. Additional required funding will be programmed in the FY 02/03 capital program. ORDINANCE/RESOLUTION REQUIRED: YES~O DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recommends granting authorization for Mayor to execute grant application documentation. ~ ~.~ Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (rec~ired on all item~i in~oMng expenditure of funds): Funding available:(~E~/NO Funding alternativbs~lf applicable): Account No. & Description: ~q-~/7..~"/'Z.- Account Balance: City Manager Review: (~/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: David T. Harden, City Manager ~obert A. Bazcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting November 20, 2001 Request for Block Tee Times/Inner Circle DATE: November 15, 2001 Action City Commission is requested to consider a request to authorize block tee times for the Inner Circle. Background At your last meeting Commission was requested by members of the Inner Circle to change the City's policy and allow block tee times for this group on Monday's and Friday's. They requested seven (7) morning tee times in the winter, four (4) morning tee times in the spring and fall and two (2) morning tee times in the summer. Attached are letters that were presented to Commission at your last meeting. Also attached is a memorandum I received from Mr. Dubin outlining previous policy concerning block tee times, current privileges that have been given to the Inner Circle, and a review of a program for limited block tee times that was tried in February of this year. In addition to the allowed block tee times mentioned in Mr. Dubin's memorandum. Commission has allowed blocked tee times for summer time night leagues, tournaments (two (2) per month in the summer time), and occasionally for wedding parties booked at the clubhouse. I have received on the average one to two similar requests from other groups at the golf course over the last ten (10) years. Our position has been the same; we have not authorized block times other than those approved. I also have received numerous complaints over the years from various golfers that block times are being reserved for select special groups at the golf course and after investigation have been able to verify that our policy was being enforced and that the complaints were unfounded. Request for Block Tee Ttmes- Inner Circle Page #2 November 15, 2001 When we tried to allow for some block times in February for a few groups, I received numerous complaint calls from golfers about what was perceived to be special privileges being offered to a few golfers and that this practice was unfair to other golfers who were not part of these groups. I have a concern if approved about the precedent this would set and the other requests we will receive from other groups to obtain block tee times. I would also like to address other concerns brought up in Mr. Chwalik's letter. He indicated that general fund tax dollars are used to support the golf course. Both golf courses are totally supported by golf course revenues not tax funds. The courses also contributed funds to the General Fund for in-lieu of taxes and administrative costs. He also indicated that tee times are being held open for non-residents as preferential treatment. This is not the case at the present time. Up until approximately two (2) years ago times were held back to accommodate walk ons. This practice has been discontinued. We did authorize a marketing program that reduced the maximum permit fee for non- residents this year. The difference between a resident single permit fee and a non- resident single permit fee is still approximately $800. This was a marketing decision because of our continual decrease in the number of non-resident permit holders over the last five (5) years. The limit for non-resident permit holders was set at fifty (50) in 1990. We were down to approximately twelve (12) prior to this program. We are now up to thirty-nine (39). Recommendation Staff recommends denial of the Inner Circle request for block tee times. RAB/tas Cc: Brahm Dubin Barbara Garito File.u:sweeney/agenda Doc: Block Tec Times Inner Circle Goff & Tennis Management, Development & Consultation A D;w$~on of Dub~n & Associates MEMORANDUM DATE: TO: FROM: RE: CC: November 7, 2001 Bob Barcinski Brahm Dubin 77. Inner Circle Block Tiers Sharon Painter Mary Beth Birsky Sandra Eriksson In 1990, Delray Beach Golf Club eliminated all Block Times, except for the MGA and LGA on Wednesday and Thursday. This was done to allow for a more equitable allocation of tee times on a daily basis. Approximately 6 years ago, the Inner Circle approached us to request "Block Times". Inner Circle was in fact granted 10 Block Times per year, as long as they agreed to eat breakfast at the club. On February 13, 2001, a joint meeting was held with the Ladies Golf Association and the Men's Golf Association, whereby Block Times were granted on a "trial basis" until April 30, 2001 (see attached memo dated February 13, 2001). As it was expected by our staff, other individuals decided to form their own groups in an attempt to be given additional block times. Therefore, all block times were rescinded except for the MGA, LGA, and Inner Circle. As a municipal golf course, Delray Beach Golf Club has always attempted to balance the needs of seniors/juniors, resident/non-resident and permit holders. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 For the past twelve years, Delray Beach Golf Club has been recognized as one of the finest municipal golf courses in the country, known for it's programs, service and high degree of customer satisfaction. The Inner Circle represents a wonderful group of individuals who are a very important part of our rich tradition and history. We believe that we should continue to grant them the special privilege of 10 Block Times per year along with Block Times for the LGA and MGA. It is our opinion that any change to our present policy will result, as in April 2001, in more and more requests for "Block Times". Our staff has attempted to explain our position to Mr. William Chwalik of the Inner Circle, and encouraged him to present his case to City Commission if they disagreed with our decision. As always, we are available to discuss this issue at your convenience. MEMO DATE: TO: FROM: February 13, 2001 Bob Barcinski Brahm Dubin ~ Re. Block T Times -Delray Beach Golf Club In 1990, Delray Beach Golf Club eliminated all Block T-Times, except for the MGA and LGA on Wednesdays and Thursdays. Approximately five years ago, we allowed the Inner Circle to have a 9 hole block time in the morning off the back nine, ten dates per year, as long as they agreed to have breakfast. Today we had a joint meeting with the LGA and MGA who represent a cross section of our permit holders who play our golf course on a very active basis. Mary Beth, Sandra and myself are recommending that we allow the following groups to have block tee times on a "trial basis" until April 30, 2001 for the following reasons: · · The policy They are already playing on these days Approximately 80% of these times are already being grouped by following our regular call-in procedures. Food and beverage business will increase This will alleviate the daily telephone call-in problem which the new telephone system would have solved. will be as follows: Open to anyone who is a Permit Holder or City Resident Group must have a food beverage function once every four weeks Group must be organized Limit to twelve tee times per week, per group. Page two The groups are as follows: Monday (Bandits) 8 am Tuesday (no name) 8 am Friday (Beachdogs) 8 am -Men -Women -Men They also requested Block Tee Times on Saturday for Men and Women for which we are not in agreement. We believe that we must leave the weekends available for all of our "Working Residents" who cannot play during the week. We recommend to initiate this policy change immediately upon your approval. Of course, we will monitor play and make a final determination as to future block T times in May 2001. Please call me at your earliest convenience to discuss this issue. CC: Mary Beth Birsky Sandra Erickson Mr. Ed Sherwood-Pres. MGA Ms. Sandy Pilcher-Pres. LG PRIORITY 535 N.W. 4th Ave. Delray Beach, FI. 33444 November 3, 2001 Dear Delray Beach city official~ Commissioners: Archer, Levison, McCarthy, Pedman, ; I am attending this meeting as a member of the Inner Circle Golf Club. I have resided in this All Amedcan city since August 1965. i am retired after 40 years of teaching, 33 of those years were in Palm Beach County and most were spent at Seacrest/Atlantic High School in Delray Beach. When I suffered a heart attack a few years ago, my family presented me with a golf cart on my next birthday. My doctor had stated that my exercise ritual of dding around in a golf cart wasn't really exercise and that I should walk while golfing. I have met most of the Inner Circle members while walking at the Delray course. I subscribe to a golf membership as a necessary means of recreation and one I enjoy. This year, I am committing Mondays and Fridays as a walking member of the Inner Circle Golf Club. I am also an M.G.A. member and golf 18 holes on Wednesdays. It's rather discouraging to see the lack of support that the Inner Circle Club has encountered while golfing at our "public" golf course. I have heard conflicting reports about the granting and then the rescinding of tee times for the Inner Circle Club this year. At one point they were informed that they could have several reserved tee times and then were told they could not. This league must compete with the general public for the few walking times available on Mondays and Fridays. Nomresidents, on the other hand are given preferential treatment. While resident fees have constantly gone up, nonresidents are now being offered memberships at a $200 discount over the advertised nonresident membership fees. Residents who call three days ahead for tee times are told all tee times are gone when actually some are saved for nonresidents who can call two days in advance. Walking fees, cart fees, .and membership fees go up every year. Residents could pay up to $500 more this year because of these increases. In addition to these increases, my city taxes, which are constantly being increased, are used to support the golf course. I believe the city should support the residents who use the course year round. The Inner Circle will need 2 tee times in the summer time. They will need about 4 tee times in the Spring and also, in the Fall. In the Winter season, they may need up to 7 tee times. The turnouts could be less than stated, but they represent the maximum number of golfers that will participate. There are 11 time slots from 6:53 to 8:03 for golf walkers. There are still 4 to 7 time slots available for the general public to walk and the entire slate on Saturday, Sunday, and Tuesday thru Thursday. I thank you for your time and hopefully you will address some of my concerns!!!! Sincerely, William M. Chwalik 11/6/01 To: Delray Beach Commissioners From: The Inner Circle Golf Club President Dear Commissioners, I am attending this meeting this evening to appeal to you about getting set tee times for the Inner Circle' Golf Club. The management of the golf course and the Assistant City Manager has directed our club to approach you about the tee times since you are the only body that has the authority to delegate such action. Our club, inaugurated in the year 1952, is now celebrating its 50th anniversary. Our group, at present, has 30 active golfers. Our "maximum" turnout has been "28" members participating in the tournaments. Dudng the summer we still participate with usually 2 foursomes. During the winter season our range of golfers will number from 4 to 7 foursomes. (16 to 28 golfers) We are a walking golf club and our golf days are on Mondays and Fddays with- the allotted times of 6:53 to 8:03 which we share with the entire public. These allotted times do allow 11 foursomes to golf, which is a total of 44 golfers. If we, as a group were granted set tee times, there would still be room for 4 to 7 foursomes for the general public or a range of 16 to 28 golfers. The general public would have the entire allotment of 44 golfers on Saturday, Sunday, and Tuesday through Thursday. Our group, in the past, has had set tee times. With the changing of the operation of the golf course, we have been excluded from these tee times and the management appears to cater to the non-member and the non-resident golfer for monetary reasons. We are calling on the commissioners to support us, the local residents, in restoring our past tee times. We plead our case to you this evening and hope that you will help us to continue to function in the years to come, as a Delray Beach residential golf club, Sincerely, Herbert W. Coman Jr. [IT¥ OF DELRIt¥ BEI:I[H DELRAY BEACH NI-Jtmed~aCity 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 TO: David Harden, City Manager FROM: Rodger R. ~i~)ro, CPRP, Recreation Superintendent THROUGH: Joe Weldon,\~irector of Parks and Recreation SUBJECT: Amendments to Bus Bid ~2001-36 DATE: November 14, 2001 On October 25, 2001 we met with Brian K. Williams, CEO of Luxury Limousine Service, Inc. to review contract items. Please review the enclosed Amendments to the Luxury Limousine Service bus contract for Bid #2001-36 which resulted from that meeting: 1.) Overtime rate will be a maximum of 12 hours per day as opposed to the present maximum of 10.5 hours per day. This will insure Rocks football trips will not incur an overtime rate of $75 per hour. 2.) Luxury Limousine Service has agreed to split the round trip travel time cost of $121.50; they will pay $60.75 and the City will pay $60.75. This will result in a savings of $6,014.25. 3.) With 24 hour notice, if the City requests a smaller bus than a 59 passenger bus, no travel time cost will be charged for a savings of $60.75. Due to the travel time cost, this will result in an increase of $6,014.25 which will be funded out of account #001-4106-572-34.90. We will use current account funding and adjust at mid-year. Please place this on the November 20, 2001 agenda for City Commission consideration. Rodger R. Ribeiro, CPRP Recreation Superintendent Ref: busamend Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS made this DELRAY ("Contractor"). AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND LUXURY LIMOUSINE SERVICE, INC. DATED SEPTEMBER 19, 2001 THIS AMENDMENT NO. 1 to the Agreement dated September 19, 2001 is day of , 2001, by and between the CITY OF BEACH ("City") and LUXURY LIMOUSINE SERVICES, INC., WITNESSETH: WHEREAS, the parties entered into an Agreement dated September 19, 2001, stating that the Contractor shall provide bus transportation service for the Parks and Recreation Department for summer camps, holiday camps, football programs and daily special events; and WHEREAS, the parties desire to amend the Agreement to clarify when overtime rates will be charged, traveling time and bus size. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated September 19, 2001 is hereby amended to provide as follows, overtime rate for the youth football program shall not be charged until the bus has been used in excess of twelve (12) hours per day, not including any travel time; if buses are not housed at the City Attorney's Complex or the Public Works Complex, the travel time fee shall be a set fee of $60.75 and not based upon the actual time spent traveling between where the bus is housed and the City site; if the City gives the Contractor 24 hours advance notice that it will only need a 50 passenger bus and not a 59 passenger bus for a particular event, the Contractor shall waive the $60.75 travel time fee. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on the day and year first hereinabove written. ATTEST: By:. City Clerk Approved as to legal form and sufficiency: By: ~~ ~x~, City Attorney WITNESSES: (Name printed or typed) (Name-1]rinted or typed) CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor L~I3~OUSINF/SER/tVICE, INC. By: '~~ ~/~ % ' ' ,/President (Corporate Seal) STAX~ og xF-'Tr~ ,- ,, J. 0. cowry og The foregoing instrument was acknowledged before me this I-5'+~' day of ~ ~ (~me of officer or agem, title of Officer or agem), of ~~y ~~e ~~ (name of co.ration acknowl~ging), a ~ $ ~ d & (state or place of inco~oration) ~or~io~ on be~lf of ~e co~oration. ~ He/She is personally kno~ to me or has produc~ ~1, ~c. ~ ~ 6~ o~/~(~e of identification) ~ identifi~tion. ~ ~i.-'~.,.;.~ ~. S'g a~r~o; ~ ' g c~owledgment = : ~ ~ -~: ~ Name T~ed, P~nted or Stamped Date: Nov. 14, 2001 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda Regular Agenda x Workshop Agenda When: Nov. 20, 2001 Description of Agenda Item (who, what, where, how much): of 3 amendments to Bus ,Bid ~2001-36 resulting funded out of account ~[001-4106-572-34.90, Special Agenda Request approval in an increase of $6,014.25 to be Department Head Signature: )~w~.~,./,~. ~.~__ v City Attorney Revie~Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/No Initials: ~ Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda'~e / No Initials: Hold Until: Agenda Coordinator Review: Received: (ff applicable) EXHIBIT A