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12-08-09 Regular Meeting
City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, December 8, 2009 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual Public will be limited to three minutes or less. The Mayor or presiding officer has discretion Hearings 7:00 to adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non -Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243- 3774 ROLL CALL 2. INVOCATION The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL APPROVAL OF MINUTES: A. NONE 6. PROCLAMATIONS: A. Delray Medical Center Day — December 8, 2009 B. Calling for the First Non -Partisan Election to be held on March 9, 2010 7. PRESENTATIONS: A. RESOLUTION NO. 60-09: Approve Resolution No. 60-09 recognizing and commending Marc Woods for 30 years of dedicated service to the City of Delray Beach. B. XPE Sports Presentation on the proposed use of the Seacrest Soccer Complex. (Addendum) 8. CONSENT AGENDA: City Manager Recommends Approval A. CONTRACT ADDITION (C.O. NO. 7) WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS: Approve a Contract Addition (C.O. No. 7) in the amount of $8,824.00 to West Construction, Inc., for the infield surface replacement and warning track extension at Little Fenway. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). B. PURCHASE ORDER INCREASE/NUTTING ENGINEERS OF FLORIDA: Approve an increase of $3,250.00 to Nutting Engineers of Florida, Inc. for additional testing services for the Miller Park Improvements Project. Funding is available from 334-4173-572-63.90 (General Construction Fund/Improvements Other/Other Improvements). C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB -RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of a sub -recipient funding agreement with the Achievement Centers for Children and Families under the Community Development Block Grant (CDBG) program for FY 2009-2010, with total funding in the amount of $80,000.00. Funding is available from 118-1966-554- 82.09 (Neighborhood Services/Other Grants and Aids). D. GRANT APPLICATION/2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Provide authorization for submission of a grant application to the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) for ARRA funding to hire four (4) additional Firefighter/Paramedics to complete the staffing at Station #2. E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2009 through December 4, 2009. F. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Shenandoah Construction in the amount of $15,300.00 for the maintenance of 1,450 lineal feet of storm water pine which includes cleaning and televising of the Thomas Street Pump Station drainage system. Funding is available from 448-5416-538-46.90 (Storm Water Utility Fund/Repair and Maintenance Service/Other Repair /Maintenance Cost). 2. Purchase award to Equipment Experts in the amount of $35,000.00 for the purchase of one (1) used 350 gallon spray rig, one (1) used John Deere fairway mower and one (1) Toro triplex tee mower. Funding is available from 445-4761-572-64.90 (D B Municipal Golf Course/Machinery/Equipment/Other Machinery/Equipment). 3. Purchase award to Tanner Industries at an estimated cost of $28,000.00 via the City of St. Augustine, Florida Bid # PW2007-05 for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals. REGULAR AGENDA: A. WAIVER REQUEST/103 NW 3RD AVENUE: Consider a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)(1)(c), "Fences and Walls", which prohibits fences and walls over four feet (4') high located within front or side street setback; for a fence measuring approximately 6' in height proposed within the side street setback, and an arbor, measuring approximately 7' in height within the front setback. (Quasi -Judicial Hearing) B. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2009 bonus payment to JCD Sports Group, Inc. for both golf operations in the amount of $15,498.00 and for Tennis Center operations in the amount of $5,992.50. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Service), 001-4215-575-34.90 (General Fund/Operating Expenses- Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General Fund/Operating Expenses-Misc/Other Contractual Service). C. AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS): Consider a proposed agreement between the approved vendor, American Traffic Solutions (ATS) and the City for the implementation of a Red Light Enforcement Program. D. SERVICE AUTHORIZATION NO. 06-08/CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of Service Authorization No. 06-08 in the amount of $20,500.00 to Currie Sowards Aguila Architects for professional design services regarding replacement of the concession stand and press box building at Little Fenway. Funding is available from 334-4173-572- 63.90 (General Construction Fund/Improvements Other/Other Improvementsy E. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint four (4) regular members to the Police Advisory Board for two (2) year terms ending July 31, 2011 and one (1) regular member to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for four (4) regular members to serve two (2) year terms ending July 31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 2 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4j. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 60-09: Consider a city -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 61-09: Consider a city -initiated amendment to Chapter 53, Sanitary Sewers, to comply with the new local discharge limits that were approved by the Florida Department of Environmental Protection (FDEP) for the South Central Regional Wastewater Treatment Plant (SCRWTP). If passed, a public hearing will be held on January 5, 2009. 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission Whereas, the health and wellness of our communities within the City of Delray Beach are paramount; and Whereas, the City of Delray Beach Fire -Rescue Department and Delray Medical Center are "Proud Partners" in our Community; and Whereas, Delray Medical Center, in an effort to enhance the care of myocardial infarct patients prior to and after arrival at their facility, has donated Bluetooth Technology to the Delray Beach Fire -Rescue Department that permits the electronic transfer of EKG strips to the hospital's Emergency Department and Catherization Lab; and Whereas, the medical standard of care for the reperfusion of myocardial infarct patients is less than 90 minutes from time of arrival at the facility; and Whereas, the implementation of this new technology will reduce the time of patient catherization; thereby increasing the percentages in positive patient outcomes. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim December 8, 2009, as: "DELRAY MEDICAL CENTER DAY" and call upon all citizens to join in recognizing and commending Delray Medical Center for its many outstanding achievements and awards and for its commitment to providing a full range of superior health care services to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 8th day of December, 2009. NELSON S. McDUFFIE MAYOR WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing two (2) City Commissioners; and WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of March each year. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for the First Nonpartisan Election to be held on Tuesday, March 9, 2010, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. NELSON S. MCDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Mgr. Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: November 16, 2009 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 RESOLUTION 60-09 ITEM BEFORE COMMISSION Resolution 60-09 honoring Marc Woods for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Marc Woods, Police Lieutenant, will achieve this milestone on January 7, 2010. RESOLUTION NO. 60-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARC WOODS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Marc Woods was hired by the City of Delray Beach as a Police Officer on January 7,1980; and on January 7, 2010 will reach a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the City, and WHEREAS, during the past thirty )vars Marc Woods has served this community with honor and distinction as Police Officer, Sergeant and Lieutenant; and WHEREAS, he has worked side by side with our community to make Delray Beach the extraordinary city that it is today, and has been instrumental in the development of several initiatives including the Sexual Offender Residence Prohibition Ordinance, the Police Department's Unusual Occurrence and Hurricane Plan, the Aid to Victims of Domestic Assault (AVDA) Program, as well as providing input on the Transient Housing Ordinance, and WHEREAS, Marc has provided services such as "counselor' and "therapist" to many citizens struggling with emotional issues, and WHEREAS, Mare's warmth, kindness and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellowman; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have had Marc Woods as a valued member of the municipal team over the past 30 years and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Marc Woods for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Marc Woods for his many years of service, and wishes him the best of health and happiness in his retirement. PASSED AND ADOPTED in regular session on this the 8th day of December 2009. ATTEST: CITY CLERK MAYOR PRESENTED TO MARC WOODS As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Police Department December 31, 2009 Res No. 60-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 1, 2009 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 8,200 CONTRACT ADDITION (CHANGE ORDER NO.7)/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission for consideration of a Contract Addition (Change Order No. 7) in the amount of $8,824.00 to West Construction, Inc., for the surface replacement of the Little Fenway Infield at Miller Park Project #2006-052. BACKGROUND On November 3, 2009 Commission approved a Contract Addition (Change Order No. 6) to West Construction for renovations to the Little Fenway Ball Field at Miller Park; to include: stripping, regrading, re -sodding and irrigation system replacement. Subsequently, the City received inquiries from the staff at the Bucky Dent Baseball School expressing concern about the extent of the irrigation system replacement proposed. A meeting was held with the the Bucky Dent Baseball School, Parks & Recreation, and West Construction to discuss the irrigation system design and other concerns of the baseball school. In the course of the discussion, it became evident that the scope we had developed while inspecting the site with the Mayor was not the same as what had been anticipated by the school. The primary difference was inclusion of the infield in the surface replacement. Staff recalled asking about the infield during our inspection and that there was a consensus that it was not a problem. We were provided with the scope anticipated by the school and requested that West Construction provide a proposal for performance of the tasks representing the gaps between the two scope descriptions. Change Order No. 7 includes the cost for the surface replacement of the Little Fenway Infield to include the re -sodding of the infield and the extension of clay to complete the existing warning track to the first base line. The attached Exhibit "A" details all costs associated with this change order. FUNDING SOURCE Funding is available from 334-4173-572-63.90 (General Construction Fund/Miller Park/Other Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of a Contract Addition (Change Order No. 7) in the amount of $8,824.00 to West Construction, Inc., for the surface replacement of the Little Fenway Infield and warning track extension for the Miller Park Improvements Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 7/ Contract Addition PROJECT NO. 2006-052 DATE: PROJECT TITLE: Miller Park Improvements TO CONTRACTOR: West Construction, 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: Contract addition for the surface replacement of the Little Fenway Infield at Miller Park; per the attached Exhibit "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $5,436,917.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 438,366.98 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,875,283.98 COST OF CONSTRUCTION CHANGES THIS ORDER $ 8,824.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $5,884,107.98 PERCENT INCREASE THIS CHANGE ORDER 0.16% TOTAL PERCENT INCREASE TO DATE 8.22% TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc, (Contractor to sign & sea]) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 334-4173-572-63.90 (after budget transfer) DEPARTMENT RECOMMEND: APPROVED: FUNDING DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney By: Mayor ATTEST: By: City Clerk S:�-EngAdmin)Proj&ts5200612D06052%OFF1ClAL',Co 7West hlilferPukCC120609.doo CERTIFIED BY Prime Contract Company Contact Company WEST CONSTRUCTION, INC. Address 318 SOUTH DIXIE HWY. SUITE 4 & 5 City, State, zip 33460 Phone 561-588-2027 Fax 561-582-9419 Owner Contact BOB DIAZ Company CITY OF DELRAY BEACH Address 434 S. Swinton Avenue City, State, Zip 33444 Phone 561-243-7300 Fax 561-243-7314 Description of the proposed change: Additional scope requirements for Little Fenway Field at Miller Park. includes re- sod of infield, and extension of clay to complete existing warning track to 9st lase line(outfieid). excludes: removal of unsuitable materials, fumigation. Net Amount of this Proposed Change: $8,824.00 The Contract Time due to this Change Proposal Request is to be determined at a later date. This document, when fully executed as accepted, shall constitute authorization to proceed with the work described herein. Submitted By Response: ❑ Accept ❑ Do Not Accept WEST CONSTRUCTION INC. CITY OF DELRAY BEACH Company Company By Date By Date Company Financial and Schedule Impact Details Item No. Item Description QuantityUnit Unit Price Total Price 1 Infield work, Includes re sodding. 1 LS 1 $4,212.00 $4,212.00 2 i=xtension of existin claywarningtrack to 1st base line. 1 LS $4,612.00 $4,612.00 CPR Financial Impact = $8,824.00 CC: Change Order file 11120109 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 30, 2009 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 PURCHASE ORDER INCREASE/NUTTING ENGINEERS OF FLORIDA, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase order increase in the amount of $3,250.00 to Purchase Order #657652 to Nutting Engineers of Florida, Inc. for additional testing services for the Miller Park Improvements Project #2006-052. BACKGROUND On February 13, 2009, the City Manager approved purchase order #657652 in the amount of $7,295.00 to Nutting Engineers of Florida, Inc. for construction material testing services for the Miller Park Improvements Project. July 10, 2009, the City Manager approved a purchase order increase in the amount of $7,680.00 for additional soil borings explorations required due to unsuitable materials excavated during construction; for a total, previously approved amount of $14,975.00. As a result of the soil borings and explorations, the volume of debris that was generated exceeded what was anticipated. Prior to the exploration, there was no way to quantify the total testing requirements. As part of the exploration process, the amount of additional density/compaction tests that were required, after the debris areas were backfilled, far exceeded what was anticipated; therefore, the additional amount of $3,250.00 will be used to complete the testing for the original scope of work. If approved, the total purchase order amount would be: $18,225.00. Attached, please find a proposal from Nutting detailing the additional testing services required. FUNDING SOURCE Funding is available from 334-4173-572-63.90 (General Construction Fund/Miller Park/Other Improvements (after budget transfer). RECOMMENDATION Staff recommends approval of a purchase order increase in the amount of $3,250.00 to Purchase Order #657652 to Nutting Engineers of Florida, Inc. for additional testing services for the Miller Park Improvements Project. an Nulling 0 13 Engineers of Florida Inc. I Established 1967 Your Project is Our Commitment November 30, 2009 1310 Neptune ©rive Boynton Beach, Florida 33426 561-736-4900 Toil Free; 877 -NUTTING 1688-8464] Fax; 561-737-9975 Broward 954-941-8700 St. Lucie 772-408-1050 Miami -Dade 305-557-3083 www. nLit tingengineerS.com City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Attn: Rafael Ballestero, Deputy Director of Construction Cell: 561;243.7297/Engineering Department: 561.243.7320/Fax: 561.243.7060 Email: ballestero@ci.delray-boach.fl.us Re: Construction Material Testing Services Proposal/Agreement Miller Park Delray Beach, Florida Dear Mr. Bailestero: Submitted herein is Nutting Engineers of Florida, Inc. (NE) proposal/agreement for performing testing of construction materials at the referenced project. Based on our understanding of the remaining construction, please find listed below our unit rates and estimated quantities to complete the project. Scope of Work and Fee Schedule Perform density testing using nuclear gauge for site fill, sidewalks, parking and roadway area subgrade, base course and utility backfill o 75 tests x $22.00/test $1,650.00 Laboratory moisture density proctor test • 2 tests x $85.00/test $170.00 Limerock bearing ratio (LBR) test • 2 tests x $225.00/test $450.00 Perform concrete testing including casting four or five cylinders per set, slump test, temperature, curing, compression tests and reporting • 10 sets x $60.00/set $600.00 OFFICES Paim Beach Miami -Dade St. Lucie Professional engineer for overview, consultation, review and reporting • 4 hours x $95.00/hour $380.00 Total Not to Exceed $3,250.00 We will perform testing services as requested by the City of Delray Beach. You will be charged only for tests and inspections performed. For time over 8 hours on a normal work week day and on weekends the unit rates will be increased by 1.50. Respectfully Submitted, NUTTING ENGIN ERS OF FLORIDA, INC. Fritz Mackey Constructio ervices City of Delray Muller Park 11-30.09 prop/Fft nfing o I!Engineers of Florida Inc.1 Established 1967 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 8,200 CDBG SUB -RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD CARE CENTER ITEM BEFORE COMMISSION Approval is requested to execute an agreement for funding with the above -listed sub -recipient under the 2009-2010 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 21, 2009, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2009-2010. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub -recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-82.09 RECOMMENDATION Staff recommends approval and execution of the attached agreements in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2009-2010. FY 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES', hereinafter referred to as "the CONTRACTOR," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eighty Thousand Dollars and 00/100 ($80,000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments. The first disbursement will be in the amount of $8,000 and all remaining payments in the amount of $6,545.45). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee performance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. Monthly Project Budget, detailing requested funds, included in this agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2009, to September 30, 2010. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article I I I of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 12 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, 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. To the greatest feasible extent, lower-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. 9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 5 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take 0 appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the 7 CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. is The foregoing instrument was acknowledged before me this _ day of 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after-school care and related services to eligible children. At least 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). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 4th Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler — 12 months to 3 years, pre-school — 3 to 4 years, pre- kindergarten — 4 to 5 years and after-school/out-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the beneficiaries of subsidized day care must be low and moderate -income persons (as determined annually by HUD for the area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of- school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ,�** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ,�** Overtime, shift premiums ,�** Page charges in professional journals (research) Participant support costs ,�** Patent costs Pension plans Plant security Pre -award costs ,�** Professional services Profits, losses on asset disposition Public information service Publication and printing costs Rearrangement, facility alteration ,�** Reconversion costs Recruiting Relocation * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination -related costs Training, education Transportation Travel Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: ATTACHMENT "D" MONTHLY PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being us Line Item CD Funds Requested Applicant's Match Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Demolition Training/Tech. Asst.* Direct Assistance** Rental of Space Purchase/Rental of Equipment Professional Services for Clients Child Care Other: TOTALS MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire -Rescue Chief THROUGH: David T. Harden, City Manager DATE: December 3, 2009 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT (SAFERI ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for the submittal of a Staffing Adequate Fire and Emergency Response (SAFER) grant application. This is an ARRA-Competitive Stimulus Funded Grant opportunity. BACKGROUND The SAFER (Staffing for Adequate Fire and Emergency Response) Grant was created to provide funding directly to fire departments and volunteer firefighter organizations in order to help them increase the number of trained, "front-line" firefighters available in their communities. The goal of SAFER is to enhance the local fire departments' abilities to comply with staffing, response, and operational standards established by NFPA and OSHA. Specifically, SAFER funds assist local fire departments to increase their staffing and deployment capabilities in order to respond to emergencies whenever they may occur. As a result of the enhanced staffing, response times should be sufficiently reduced with an appropriate number of personnel assembled at the incident scene. Ultimately, a faster, safer and more efficient incident scene will be established and communities will have more adequate protection from fire and fire -related hazards. Presently, Fire Station #2 is the only station within the City that does not have three people on the fire apparatus. Within the past year, the department has implemented strategies to address this issue from a safety perspective. Fully staffing this vehicle with three personnel is and has been an operational priority. The Fire -Rescue Department will be submitting a SAFER application to hire four (4) additional Firefighter/Paramedics to complete the staffing at Station #2. Per SAFER guidelines, there will be 100% funding for these four positions, if awarded, for a period of two years. The City must commit to continuing the employment of these Firefighter/Paramedics for a minimum of one additional year. The budget matrix below itemizes the annual contributions of both the Federal government and the City: 1St 12- Mo.Period 2nd 12 -Mo. Period 3rd 12- Mo.Period Personnel 197,964 207,466 217,424 Benefits 93,043 97,509 102,189 Total 291,007 304,975 319,613 Total City Share 0 0 319,613 Total Federal Share 291,007 304,975 0 If Commission provides authorization to apply for the grant, staff will finalize the grant application prior to the December 18 submission deadline. RECOMMENDATION Staff recommends approval. Preparer In£onnation Overview * Are you a member, or are you currently involved in the management of the fire department or organization applying for this grant with this application? Yes, 1 am a Temberlofficer of this applicant Page 1 of 1 if you answered No, please complete the information below and press the Save and Continue button. If you answered Yes, please do not complete the information requested below and press the Save and Continue button. Note: If you answered No to the above question, the fields marked with an w are required. Preparer Information • reparer's Name • Address 1 Address 2 • City • State • Zip k is there a grant -writing fee associated with the preparation of this request? If you answered yes above, what is the fee? $ https:lleservices.Tema.gov/FemaFireGrantlfiregrantlj splsafer2009lapplicatior3lnew—overvie... 12/3/2009 Contact Information Contact Information Alternate Contact Information Number 1 * Title Assistant Chief Prefix Ms. * First Name Danielle Middle Initial B * Last Name Connor W Business Phone 561-243-7487 Ext. Home Phone Ext, Mobile Phone/Pager 561-441-3080 Fax 561-243-7461 "E-mail connord@ci.delray-beach.fl.us Alternate Contact Information Number 2 * Title Division Chief Prefix Mr. . First Name Victor Middle Initial B * Last Name Williams * Business Phone 561-243-7440 Ext. HHome Phone Ext. Mobile Phone/Pager 561-573-3133 Fax 561-243-7461 *E-mail williamsv@ci.delray-beach.fl.us Page 1 of 1 https.Ileservices. fema. gov/FemaF ireGranVfiregrantlj sp/safer2009/applicatioD/contact_info.... 12/3/2009 Applicant Information Applicant Information Organization Name Delray Beach Fire -Rescue Department What kind of organization do you represent? All Paid/Career If you answered combination, above, what is the Delray Beach percentage of career members in your organization? Florida Type of Jurisdiction Served City If other, please enter the type of Jurisdiction Need help forZIP+4? In what county/parish is your organization physically located? If you have more than one station, in what Palm Beach county/parish is your main station located? k Em Looy_e_r ldentificatinn.._ Ijtnber *. Are you sharing an EIN with another organization? No If yes, please enter the name of the entity with whom you share an EIN u What is your organization's DUNS Headquarters Physical Address Physical Address 1 501 West Atlantic Avenue Physical Address 2 * City Delray Beach . State Florida 33444-2555 " Zip Need help forZIP+4? Mailing Address • Mailing Address 1 501 West Atlantic Avenue Mailing Address 2 City Delray Beach State Florida 33444-2555 * Zip Need, help. for ZIP+4? Account Information Type of bank account Checking Bank routing number .. 9 digit number on the bottom left hand corner of your check Your account number Additional Information For this fiscal year (Federal) is your jurisdiction receiving Federal funding from any other grant program that may No duplicate the purpose and/or scope of this grant request? x If awarded this grant, will your jurisdiction expend greater than $500,000 in Federal share funds during the Federal No fiscal year in which the grant was awarded? . Is the applicant delinquent_on any federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: Page 1 of 1 https:lleservices. fema,govIFemaFireGrantlfiregrantlj splsafer2009lapplicationlapplicant—inf... 12/3/2009 Fire Department Characteristics (Part I) Applicant Characteristics (Part I) Page 1 of 3 Are you a member of a Fire Department or authorized Yes representative of a fire department? Are you a member of a Federal Fire Department or contracted by the Federal government and solely No responsible for suppression of fires on Federal property? Please indicate the type of community your organization serves. Urban What is the square mileage of your first -due response 16 area? What percentage of your response area is protected 100% by hydrants? Does your organization protect critical infrastructure of Yes the state? Percentages in three answers below must sum up to 100%: .k How much of your jurisdiction's land use is for agriculture, wild land, open space, or undeveloped 14% properties? * What percentage of your jurisdiction's land use is for 19 commercial, industrial, or institutional purposes? w What percentage of your jurisdiction's land is used for 67 residential purposes? M How many occupied structures (commercial, industrial, residential, or institutional) in your jurisdiction are more than four stories tall? Do not includes 139 structures which are not regularly occupied such as silos, towers, steeples, etc. What is the permanent resident population of your Primary/First-Due_Response .Area or,jur sdiction 68773 served? • How many stations are in your organization? 6 • Please indicate if your department has a formal automatic/mutual aid agreement with another Mutual aid community or fire department and the type of agreement that exists. Structural Fire Suppression Basic Life Support k What services does your organization provide? Advanced Life Support Hazmat Technical Level Rescue Technical Level ............. Active Firefighting Staff, use these definitions to answer the questions about "firefighter" positions. https://eservices.fema.gov/FemaFireGrantlfiregranVisp/safer2009/applicationlgen—ques.j sp... 12/3/2009 Fire Department Characteristics (Part 1) Page 2 of 3 Active Firefighter An individual having the legal authority and responsibility to engage in fire suppression; Position being employed by a fire department of a municipality, county, or fire district; being engaged in the prevention, control, and extinguishing of fires; and/or responding to Officers emergency situations in which life, property, or the environment is at risk. This * Staffing levels as of January 1 2008 individual must be trained in fire suppression, but may also be trained in emergency 40 medical care, hazardous materials awareness, rescue techniques, and any other * Staffing levels as of June 30, 2009 related duties provided by the fire department. Full-time Paid Full-time positions are those that are funded for at least 2,080 hours per year (i.e., 40 Firefighter Position hours per week, 52 weeks per year.) The program office will also consider funding the 40 sharing of a full-time position with sufficient justification. A job -share position is a full- time position that is occupied by more than one person. Positions funded via SAFER may be shared, but DHS limits the number of individuals to no more than four (4) per position. art-time Paid Pari -time paid firefighters receive pay for being on duty at the fire station, whether or irefighter Position r not they respond to any alarms. They may or may not receive benefits. Firefighter Volunteer firefighters receive no financial compensation for their services other than [Volunteer Position life/health insurance, workers compensation insurance, and/or stipend per call. The goal for SAFER is to assure that SAFER grantees's communities have adequate protection from fire and fire -related hazards. The following questions are designed to help us understand the changes that will occur in departments receiving grants. Use the following definitions when completing the table below. Total # Career Personnel — the number of authorized and funded active, full-time uniformed career positions employed by your department on the date indicated. # Officers — Of the career positions indicated in the "Total" field above, how many of those serve in officer -level (both command and company) positions? # NFPA Support — Of those career positions indicated in the first field above (total number of authorized and funded positions), how many are assigned to field or response apparatus positions that directly support NFPA 1710 (Section 5.2.4.2 — Initial Full Alarm Assignment Capability) or NFPA 1720 (Section 4.3 — Staffing and Deployment) compliance? Note: The number of career positions in any of these fields should include positions which are job -shared For more information regarding these standards please see the program guidance or go to va m_nfpa.orglsafieractgrant At the time of application, how many positions in your department are filled with part-time paid firefighters? Note: If you utilize part-time firefighters, please explain, in your narrative, the number of part-time firefighters, 0 the number of positions that these part-time firefighters occupy, and how they are scheduled to meet your staffing needs. At the time of application, how many active volunteer 0 firefighters are in your department? haps:Heservices.Tema.gov/FemaFireGrantlfiregrantlj splsafer2009lappiication/gen_ques.j sp... 12/3/2009 Total # Career # # NFPA Personnel Officers Support * Staffing levels as of January 1 2008 140 40 0 * Staffing levels as of June 30, 2009 133 40 0 t * Staffing levels at the time of application 133 40 0 At the time of application, how many positions in your department are filled with part-time paid firefighters? Note: If you utilize part-time firefighters, please explain, in your narrative, the number of part-time firefighters, 0 the number of positions that these part-time firefighters occupy, and how they are scheduled to meet your staffing needs. At the time of application, how many active volunteer 0 firefighters are in your department? haps:Heservices.Tema.gov/FemaFireGrantlfiregrantlj splsafer2009lappiication/gen_ques.j sp... 12/3/2009 Fire Department Characteristics (Part 1) x if awarded this grant, how many authorized and funded active, full-time firefighter positions will be in 137 your department? w If awarded this grant, how many active volunteer 0 firefighters will be in your department? k Do you currently report to the National Fire Incident Yes Reporting System (NF'IRS)? Page 3 of 3 https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/safer2009/application/gen_ques.j sp... 12/3/2009 Applicant Characteristics (Fart 11) Applicant Characteristics (Part II) 2008 2007 What is the total number of fire -related civilian fatalities in your 2 1 jurisdiction over the last three years? What is the total number of fire -related civilian injuries in your 2 6 jurisdiction over the last three years? What is the total number of line of duty member fatalities in your 0 0 jurisdiction over the last three years? k What is the total number of line of duty member irljurles in your 6 22 jurisdiction over the last three years? * What is your department's operating budget(including personnel 22991040 costs) for your current fiscal year and what was your budget for 22663530 the last three fiscal years? 22403860 21122980 Page 1 of 2 2006 0 13 What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? 75 % Grants? 1 % Donations? 0% Fund drives? 0% Fee for Service? 24% Other? 0% If you entered a value into Other field (other than 0), please explain * How many vehicles does your organization have in each of the types or classs of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. (Enter numbers only and enter 0 if you do not have any of the vehicles below.) Type or Class of Vehicle Total Number Engines (or Pumpers); (pumping capacity of 750 gpm or greater and water capacity of 300 gallons or more): 4 Pumper, Pumper/Tanker, Rescue/Pumper, Foam Pumper, CAPS Pumper, Quint (Aerial device of less than 76 feet), Type I engine, Type II engine Tankers: (pumping capacity of less than 750 gpm and water capacity of 1,000 gallons or more): 1 Tanker, Tender, Foam Tankerfrender (greater than 1,250 gallon tank capacity) Aerial Apparatus: Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller 2 Ladder Truck, Quint (Aerial device of 76 feet or greater) Brush/Quick attack : (pumping capacity of less than 750 gpm and water capacity of at least 300 gallons): Brush Truck, Patrol Unit (Pick up wl Skid Unit), Quick Attack Unit, Mini -Pumper, 1 Type III Wildland/Urban Interface Engine, Type IV Engine, Type V Engine, Type Vt Engine, Type VII Engine Total Number of Riding Positions 11 0 6 https:lleservices. Tema. govlFemaF ireGrantlf regrantlj splsafer20 09lapplicationlorg_ch ar..j sp... 12/3/2009 Applicant Characteristics (Part ID Rescue Vehicles: Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous Materials Unit Other: EMS Chase Vehicle, Air/Light Unit, Rehab Units, Bomb Unit, Technical Support (Command, Operational SupporUSupply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue Firefighting), Command/Mobile Communications Vehicle, Other Vehicle. 12 Page 2 of 2 https:l/eservices.fema.gov/FemaFireGrantlflregrantljsplsafer2009lapplicationlorg_char jsp... 12/3/2009 Department Call Volume Department Call Volume How many responses per year by category? Do not include responses/calls where your department was dispatched to provide mutual/automatic aid. enter whole numbers only; if you have no calls for any of the categories, enter G.) Structural Fires Vehicle Fires Vegetation Fires EMS Rescue Hazardous Condition/Materials Calls Service Calls Good Intent Calls False Alarms Other Calls and Incidents In an average year, how many times does your 10 organization receive mutual/automatic aid? In an average year, how many times does your organization provide mutual/automatic aid? (Do not 20 include first -due responses claimed above.) Page 1 of I 2008 2007 2006 49 60 60 41 63 54 44 27 64 10,129 9,708 9,691 7 8 19 205 220 195 108 100 124 0 0 0 1,129 1,071 947 721 748 502 https:lleservices.fema. gov/FemaFireGrant/flregrantlj sp/safer2009/applicationlyesponse. j sp... 12/3/2009 Request Details Request Details The activity for your organization is listed in the table below. Activity H.iring_nr,,,Reh,ir[ng_Firefiightors Page I of 1 Number of Entries Action 1 V ew,Oeta is https:lleservices.fema. gov/FemaFireGrant/firegrant/j sp/safer2009/applicationlrequestdetail... 12/3/2009 Budget Page 1 of 1 Budget Hiring or Rehiring of Firefighters: There is a two-year period of performance for grants awarded under both the hiring of new firefighters and the rehiring of laid -off firefighters activities. There is an additional requirement for grantees awarded under the hiring of new firefighters activity that they commit to retaining the SAFER -funded firefighters for one full year after the end of the period of performance with 100 percent local funding. In previous program years, the grantee was required to provide a cost -share that was equal or greater than 10 percent in the first year, 20 percent in the second year, 50 percent in the third year, 70 percent in the fourth year, and 100 percent in the fifth year. For this program year, there is no prescribed cost share, and per -position salary limits have been eliminated. Grantees are free to draw any amount of Federal funds to cover actual salary and benefit costs -- up to their budgeted and awarded funding limit— as long as there is Federal funding available. Should the actual salary and benefits costs requested for reimbursement exceed awarded Federal funds, the grantee would be obligated to pay 100 percent of those costs. Regardless of the actual costs incurred, the annual costs will be limited to the actual costs or the budgeted amount, which ever is less. Budget Matrix Person nei Benefits Total: Total Federal Share First 12 -Month Period 197,964 93,043 291,007 291,007 Second Total 12 -Month Period 207,466 405,430 97,509 190,552 304,975 595,982 304,975 595,982 https:lleservices. fema. gov/FemaFireGrantlf iregrant/j sp/safer2009/applicationlbudget_total.... 12/3/2009 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Ronald Hoggard, AICP, Principal Planner THROUGH: City Manager DATE: December 3, 2009 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 1, 2009 THROUGH DECEMBER 4,2009 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of December 1, 2009 through December 4, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Historic Preservation Board Meeting of December 2. 2009 A. Approved (6 to 0, Dan Sloan absent), a request for a Certificate of Appropriateness associated with the installation of a fence and arbor at a contributing property located at 103 NW 3rd Avenue. Concurrently, the Board recommended that the City Commission approve a waiver request to LDR Section 4.5.1(E)(3)(a)(1.)(c), which prohibits fences or walls over 4' in height to be located within the front or side street setbacks, by allowing an arbor measuring approximately 7' in height within the front setback and a 6' fence within the side street setback. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map o CITY COMMISSION MEETING - _ _ _ CITYLIMITS _ _ _ _ -14 n1 'V o DECEMBER 8, 2009 ONE MILE d Q PLANNING AND ZONING p LOCATION MAP GRAPHIC SCALE DEPARTMENT HPB A. 103 NW 3RD AVENUE -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\12-8-09 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: November 25, 2009 SUBJECT: AGENDA ITEM 8.F.1 - REGULAR COMMISSION MEETING OF DECEMBER 8,200 BID AWARD/SHENANDOAH CONSTRUCTION ITEM BEFORE COMMISSION The City Commission is requested to approve $15,300 for the maintenance of 1,450 lineal feet of storm water pipe which includes cleaning and television inspection for the Thomas Street Pump Station, per quote provided by Shenandoah Construction via the Broward County School Board Contract #27-105T, valid through March 31, 2010, per proposal #19792REV, dated 10/13/2009. BACKGROUND Storm water pipes require frequent maintenance to function properly over time. Maintenance has long been recognized as an important component for performance and longevity of the storm water infrastructure. The timely cleaning of the City's storm water pipes reduces the potential for blockages and subsequent costly damage to private and public property. In order to minimize and prevent storm water backups, preventive maintenance is required. The maintenance program includes a periodic television inspection and cleaning of the storm sewer system. FUNDING SOURCE 448-5416-538.46-90 RECOMMENDATION Staff recommends cleaning and television inspection for the Thomas Street Pump Station and 1,450 feet of storm sewer, in the amount of $15,300, be awarded to Shenandoah Construction via the Broward County School Board Contract #27-105T, valid through March 31, 2010, per proposal #19792REV, dated 10/13/2009. 10/2712009 08:13 5612437314 CITY OF DELRAY BEACH PAGE 04/09 CONSTRUCTION 1888 N.W. 22"" Street + Pompano Deach, FL 33069 (954) 975-0098 DATE: SUBMITTED TO: STREET: CITY, STATE & ZIP: PHONE: FAX: JOB LOCATION: ATTENTION: Fax: (954) 975-9718 October 13, 2009 City of Delray Beach 100 NW I st Avenue Delray Beach, FL 33444 (561)243-7345 (561) 243-7314 Thomas Pump Station Harold Bellinger PROPOSAL, #19792REV We propose to furnish a crew and all necessary equipment to clean and tv approximately 600' If of42", 650' If of 24", 100' if of 15" and 100' If of 12" pipe by piggy backing the Broward County School Board Contract #27-105T at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: #13 Clean 12-24" pipe (at $3.00 Per L.F.) 850 LX$2,550.00 914 Clean 3042" Pipe (at $5.00 Per L.F.) 600 L.F. $3,000.00 #3 Video Pipe (at $5.00 Per L.F.) 14.50 L.F. `1;7,250.00 # 22 4" Pump (at $50.00 Per Hour) 50 hour(s) $2,500.00 Estimated Total: $.15,300.00 NOTE: This proposal includes removal of all loose debris from the structures and the pipes (excluding hazardous waste). However, we are not responsible for problems occurring during or after cleaning due to pre --existing condition, original installation or design. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. All material is guaranteed to be as specified, All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen. conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry Ere, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. SIGNATURE: )U04 Sllr pe Rick Shupe Estimator 10/13109 ACCEPTANCE OF PROPOSAL / SIGN & RETURN' The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TITLE: JAW20-2eo3 10 37 P.02/02 RF: laid 27-105r Sewer Man Cleani and Repair Dear Vendor, The above-referer►ced contract expires on March 31, 2W, The School Board of Bxowaxd County is requesting that our contract for sewer main cleaning and repair be renewed through 31, 2010. Please confirm your acceptance of this invitation to renew this contract, which shall constitute your continued agreement to all berms and conditior* of this bid. Pleasetexemte this document on the space provided and return it to my attention no later than ,jartuM 26, 2009. Please FAX to: (754 ZI-0534. To help SBBC determine whedw r it is in the best interest to renew this contract, please provide the following information 1, Have there been any price increases since this contract was awarded? 1'�, if yt*, what percentage? 2 Are other area school districts receiving the same pricing as SBBC? If no, what prig do they receive? Explain P&5E 0-MCK ONE UNE BELOW: Y , agr tR enew the contract o, coo t n to renew the contract L. , 9 Signature of Authorized Representative � Date Name and Titleof (PLEASE PR2 T) Bestyegards Ka Loyd, P. --- Pu sin t cn. File Transforming Education: One Student ctl A Time Brnward Counly Public Schools Is An E.�uut Across Ff?W1v)'4-r TOTAL P.02 SCHOOL BOA" OF BROWARD COI NT'YI FLORIDA 7M ` OST OAKLAND PARK BOUIZVAftD, SU17 %323. SUNUca� "RMA X351 67fid_ �'1 t 31. TS4w3l«II S+ i7A 17"+; ,n ).i533 �." eY ;' MIPPLV MANAGI MN.NT & LOGISTICS ' SCHOOL ROARD ROBERT N. WAitEMBURC, MO, DIRECTOR Chair , MAVkr:M % haNNSN ` jVii4V..browurda�i�rrais.cBM W Clow, JE,Ilruvx )x NCA w Gl7tl"i jjm iUiHrVf �y li"F'1.iWAN A y» V l�['� i'1'1!\ RPVF1k S A. G .Afi A(JNrtR ja=ary 20, 2009. s'fVNAN1h' NAMA XX1F'3'. 00 ANN MURRAY PXNAMIN !. q ILUAMS Sf{te�(� ooh General Construction Company ]AW -11 s NI TUM - Attn. Daniel DiMura - - SufMYin:.9hfYhr rf �'lrlNl%i 1888 NW 22nd Street Pompano Beach, FL 33069 FAX (954) 975-9718 RF: laid 27-105r Sewer Man Cleani and Repair Dear Vendor, The above-referer►ced contract expires on March 31, 2W, The School Board of Bxowaxd County is requesting that our contract for sewer main cleaning and repair be renewed through 31, 2010. Please confirm your acceptance of this invitation to renew this contract, which shall constitute your continued agreement to all berms and conditior* of this bid. Pleasetexemte this document on the space provided and return it to my attention no later than ,jartuM 26, 2009. Please FAX to: (754 ZI-0534. To help SBBC determine whedw r it is in the best interest to renew this contract, please provide the following information 1, Have there been any price increases since this contract was awarded? 1'�, if yt*, what percentage? 2 Are other area school districts receiving the same pricing as SBBC? If no, what prig do they receive? Explain P&5E 0-MCK ONE UNE BELOW: Y , agr tR enew the contract o, coo t n to renew the contract L. , 9 Signature of Authorized Representative � Date Name and Titleof (PLEASE PR2 T) Bestyegards Ka Loyd, P. --- Pu sin t cn. File Transforming Education: One Student ctl A Time Brnward Counly Public Schools Is An E.�uut Across Ff?W1v)'4-r TOTAL P.02 The School Board of, Broward County, Florida Y SUPPLY MANAGEMENT AND LOGISTICS DEPARTMENT INVITATION TO BID 7720 West Oaidand Park Boulevard, Suite 323 Sunrise, Florida 33351-6704 (ITB) 754-321-0505 UE DATE: Bids due at 2:00 p.m. Eastern Time (ET): ITS NO.: RELEASE DATE: PURCHASING AGENT: October 19, 2006 27-105T September 28, 2006 Kay Lloyd 754321-0504 must be submitted to the Supply Management and Logistics BID TITLE: irtment and received on or before 2:00 p.m. ET on the date SEWER MAIN CLEANING AND REPAIR Bids may not be vrithdrawn for 90 days after due date. d bids are not allowed and will not be considered. SECTION 1, Bidder Acknowledgement IN ACCORDANCE WITH GENERAL CONDITION 1, THIS SECTION MUST BE COMPLETED IN ITS ENTIRETY INCLUDING THESIGNATEUREOF AN AUTHORIZED RiEPRESENTATIVE WHERE INDICATED BELOW. Biidder's Name and state"Doing Business As", where applicable: "REMIT TO" ADDRESS FOR PAYMENT: If paymShenandoah General Construt tion Com an mailed to address other than as stated on left, pleasY below, Check this box if address is the same as sta Address: P.O. Address: 1888 WW 22 Street City: Pompano Beacb State: Florida Zip "e:33069 City: Telephone Number: State: Zip Code, 954-975-0098 Toll Free Number. 800-330-8082 Contact: Fax Number. Telephone Number. 954-975-97.18 Internet Web Site: Toll Free Number: Internet E -Mail Address: Fax Number: margaret.lary@sbenandoahconstruction.com Federal flax Identification Number. Internet -Mar ddress: 54--1707673 1 certiAl Mat this bid is made without prior understanding agreenrient or connection with any corparalim, firm or person submOng a bid for the some materials, supplies, services or equipment and is in all respects fair and without Signatrr a uthorired Representative (Manual) collusion or lfraud. t agree to complete and unconditional accWarw of Mis bid, all appendices and contents of any Addenda released twato: tree to he bound Daniel D3.Mura to alt specifications, terms and conditions contained in this ITS and failure to canply wit resuk in aisqualrfrcation of bid or bid tem. Bidder acknowledges that Name ofAuthorized Representaflve (Typed or Print4 all information contained herein is of the domab as defined by Ire part public State of Florida sunshine and Public Record Laws and all responses, data and Viae president rrrtomration contained in this bid ora true and accurate. ! oertffy that 1 am authorized to sign this fib for the bidder r1do I agree that this Laid cannot be withdrawn within 90 gLan from date due. SECTION 2, Submittal Requirements SUBMITTAL REQUIREMENTS: In order to assure that your bid is in compliance with bid requirements, please verify that the submittals indicated by the ® below have been subodUed. ❑ Bid Bond ❑ Descriptive Literature ❑ t.icerses ❑ lsAatedai Safety Data Sheets Special Condition_ Special Condition _ Special Condition— Special Condition— El Manufacturers Authorization ® References ® Bidder Qualifications ❑ Other Special Condition — Special Condition 6 Special Condition 6 Special Condition rour firm wishes to not as the last trace of this Form 3270D Revised 11141005 responseto via mail or fax, the Statement of No Bid Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Pagel The School Board of Broward County, Florida SEWER MAIN CLEANING AND REPAIRS Bid No, 27-105T Page 10 of 28 Pages - REVISED - SECTION 5 BID SUMMARY SHEET PRICES SUBMITTED ARE TO INCLUDE THE FURNISHING OF ALL MATERIALS, EQUIPMENT, TRANSPORTATION, TOOLS AND THE PROVISION OF ALL LABOR, MATERIAL AND SERVICES NECESSARY FOR THE EXECUTION OF THE WORK. ITEM A: UNIT PRICE TOTALgOrrill(numa ANNUAL BE AWARDED AS A, GROUP) ESTIMATED UANTITIES 1. 150 Ft. Sewer Cleaning in 6"-12' Pipe, $ 1.75 fit $262.5q 2. 150 Ft. Sewer Cleaning in 15" to 24' Pipe $ 3.00 /ft. $--L50. p0 3. 350 Ft. Video recording of Sewer Main 6" to 24' for It 5.00 lit 750 00 10. 10 Manholes Grouting of leaking manholes 6 ii -1" -12 ft. $ 225.00 lea $ 2 , 2 deep 11. 10 Manholes Grouting of leaking manholes 12ft, -1' and $ 300.00 lea $__2,000,00 deeper Engineering Inspection. 4, 8 Hrs. Clear obstruction or blockage in sanitary $--L55. 00 lhr. $-.L,240.00 sewer or storm sewer 5. 50 Calls Emergency calf out day or night for all contract $, _ . n� kali items, response lime two (2) hours. (See Bid Specification 6) 6. 65 Joints Grouting of Leaking Joints in 8' -12" Pipe $ 25.00 lea $ , 625.00 7. 45 Joints Grouting of leaking joints in 15' -18" pipe $ 25.00 lea $ 1,125.00 8. 45 Joints Grouting of leaking joints in 24" - 30' pipe $ 25.00 lea $ �111- 10 9. ' 15 Manholes Grouting of leaking manholes 0 ft. - 6 ft..deep $ 25.00 lea $---87 5 - 09 10. 10 Manholes Grouting of leaking manholes 6 ii -1" -12 ft. $ 225.00 lea $ 2 , 2 deep 11. 10 Manholes Grouting of leaking manholes 12ft, -1' and $ 300.00 lea $__2,000,00 deeper Bid No. 27-105T Page 11 of 28 Pages The School Board of Broward County, Florida • REVISED • . SEWER MAIN CLEANING AND REPAIRS SECTION 5 BID SUMMARY SHEE=T ITEM A (Continuedl. UNIT PRICE TOTAL COST ANNUAL fjO BE AWARDED AS A GROUP ESTIMATED UAQ NTiTIES 12, 20 Laterals Grouting of leaking laterals 30.00 $ .— /ea $ 600.00 13. 500 Lin. Ft. Cleaning 12" - 24" storm sewer $--2.00 � $ 1,500.00 13A. 250 Lin. Ft. Root Removal !ft $ -_ -_325_, 00 14, 400 Un. Ft. Cleaning 30' --42" storm sewer$_ 5 -�0 !ft $ 2,000.00 14A, 25 Lin. Ft. Root Removal $ /ft $ 150.00 15, 400 Lin. Ft Cleaning 48' - 60" storm sewer $ 8.04 /ft $_ 3,200.00 15A. 25 Lin. Ft Root Removal $—_--.,9Q-- !ft 150.04 16. 150 tin. Ft. Cleaning 66' - 72" storm sewer $_ 9.04_ _ !ft $, 350.00 16R. 25 Lin. Ft Root Removal , $ • 0© !ft $ 150.00 17. 50 Each Cleaning storm sewer catch basin manholes $___L. lea $---LO - 00 1 ft. -6 ft. deep. 1.00 25.00 18, 26 Each Cleaning storm sewer catch basin manholes lea $ 6 ft --1" -10 ft. deep. 19. 10 Each Cleaning storm sewer catch basin manholes $_ 1.00 lea $ 10.00 14 ft. -1' -15 ft. deep. Clean or clear storm sewer pipe of obstruction $_155 -- 1hr $-11-860-00 20, 12 Hours or blockages Dewatering with 3' centrifugal pump wlth 20 ft, $.�-- - /hr 21. 72 Hours suction and 100 ft. discharge hose Dewatering, with 4' centrifugal pump with 20 ft. $_ 5 0 fir $ 3 , 600.00 22. 72 Hours suction and 100 ft. discharge hose Nadal, Pats From: Krejcarek, Randal Sent: Wednesday, November 25, 2009 2:49 PM To: Nadal, Patsy Cc: Bellinger, Harold; Schmitz, James Subject: Thomas Pump Station (Agenda item) Patsy, This item is for the cleaning and televising of the Thomas St pump station drainage system. The vendor has completed similar work for the City in the past. Please proceed with moving this item forward to commission for approval. Thanks. Randal L. Krejcarek, P.E., LEED AP, LISP City Engineer Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kr Icarek_@ci.delray-beachJl.us MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 1, 2009 SUBJECT: AGENDA ITEM 8.F.2 - REGULAR COMMISSION MEETING OF DECEMBER 8,200 PURCHASE AWARD/EQUIPMENT EXPERTS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) 2003 used Cushman 350 gallon spray rig, one (1) 2006 used John Deere 3235C fairway mower and one (1) Toro triplex reconditioned (new engine) tee mower in the amount of $35,000 from Equipment Experts. BACKGROUND The golf course management staff is recommending the purchase of the above listed used equipment to replace existing equipment and to provide repair parts. Attached is a summary of the equipment proposal to be purchased, indicating model, year, engine hours and a cost comparison to the purchase price for new equipment; purchasing the used equipment will result in a savings of $60,000. Existing equipment to be replaced is as follows: uantit Item Year Engine Hours Note 1 Toro 1100 Spray Rig 1996 5,403 Transmission replaced 1 Jacobson FL2500 Fairway Mower 1994 4,606 Transmission replaced 1 Toro 3100 Tee Mower 2004 5,119 ill be used for repair arts FUNDING SOURCE Funding is available in account 445-4761-572-64.90, Other Machinery and Equipment. RECOMMENDATION Staff recommends the purchase award to Equipment Experts in the amount of $35,000 for the purchase of one (1) used 350 gallon spray rig, one (1) used John Deere fairway mower and one (1) Toro triplex tee mower. }r E i Q •� E cr 3 W of a U y i fC Q. w a }r UJ ■O R G � V i � 3 �n a O {= V Q' m a� U u R O O O �I O O O a� 3 L O c C 0 L Q Q- L �L Vl '� LL O U N Ln C h0 M .� O N +� Ln M Ma) O U f6 N s c o V) S L = p O U — H —1 r -I r -I N C C N 3 a� C: MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsty Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: December 2, 2009 SUBJECT: AGENDA ITEM 8.F.3 - REGULAR COMMISSION MEETING OF DECEMBER 8,200 PURCHASE AWARD/TANNER INDUSTRIES ITEM BEFORE COMMISSION The City Commission is requested to approve the renewal with Tanner Industries for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $28,000.00 for the remaining ten (10) months of FY09/10 via the City of St. Augustine, Florida bid number PW2007-05 extended to September 30, 2010. BACKGROUND Tanner Industries has agreed to extend to the City of Delray Beach a unit cost of $.615 per pound (this is a decrease of $0.205 from last year pricing of $.82 per pound) via the City of St. Augustine, Florida bid number PW2007-05. This price is valid for the period of October 01, 2009 through September 30, 2010. The Manager of the Water Treatment Plant recommend award to Tanner Industries based on the fact that Tanner Industries has provided the City of Delray Beach with quality service, product and safety. Anhydrous "without water" Ammonia is used in several areas of water and wastewater treatment, such as pH control, in solution form to regenerate weak anion exchange resins, in conjunction with chlorine to produce potable water and as an oxygen scavenger in boiler water treatment. FUNDING SOURCE 441-5122-536.52-21 (Water and Sewer Fund/Operating Supplies/Chemicals) RECOMMENDATION Staff recommends award to Tanner Industries for the purchase of Anhydrous Ammonia at an estimated cost of $28,000.00 for the balance of FY09/10, via City of St. Augustine bid number PW2007-05. Nadal, Pats From: Bullard, John Sent: Wednesday, December 02, 2009 10:04 AM To: Nadal, Patsy Cc: Montgomery, Gloria Subject: Anhydrous Ammonia B.P.O. Patsy, I am recommending we continue with the St. Augustine piggy -back agreement for anhydrous ammonia with Tanner Industries, Inc. Except for a brief time with Bauer, we been with Tanner consistently throughout the years we have been feeding ammonia. Their service, quality of product and safety have been exceptional. They have reduced their price from $ .82 per pound to $ .615 per pound for this extension. We will need a B.P.O. for $28,000 for the remaining ten months of Fiscal Year `09/'10 to be funded out of WTP account # 445-5122.536.52-21. Thanks again, John 12/02/200' 08:17 9048251051 CITY ST AUGUSTIN PAG 08/08 September 09, 2009 Tanner Industries, Inc. 73 5 Davisville litoad — P. Floor southhampton, PA 18956-3200 RE: Extension of Bid: PW2007-05 Bulk Load Anhydrous Ammonia To: Govt. Sales -- Cbemicals The City of St. Augustine wishes to thank you far your excellent service during this past fiscal year and desires to extend the award of the above referenced bid to your company. The zlew fiscal. year will begin October 01, 2009 and end September 3 G�, 201(}. Please provide the expected charges for listed item: Bulk Load Anhydrous Ammonia — Per lb. To be delivered via transport loads to City of St. Augustine Water TreEAment Plant on as needed basis. Upon receipt and a:ppraval of quote, a new blanket purchase order for the new fiscal year will be issued. Again, we tbank you for your past service and look forward to another year of this established working relationsb* Sincerely, Clint porter, Purchasing Supervisor PO Box, 210 St. Augustine, FL 32085 Phone: 904-825-1.020 Fax: 904-8254051 75 King Street. 32084 - FO 5OX 210, 32085 -Of fte 904/825-1010 -PAX 904/825-1051 Should The City of Delray Beach elect to ship the tank back via carrier independently; the shipping address for the return will be as follows: Tanner Industries Inc. 2530 Vulcan Rd. Apopka, FL. 32703 Terms: Net cash in 30 days. Please find the following proposal for the outright purchase of one (1) 1,000 water gallon anhydrous ammonia storage tank. The tank being offered is currently located and in service at your facility in Delray Beach, FL. 1 — 1,000 water gallon tank with no vaporizer. $11,500.00 each The tank will be sold "as is" with no warranty. We are also pleased to supply the following pricing for 111. bulk quantities of Metallurgical`Grade Anhydrous Ammonia for delivery to your facility in Delray Beach, FL. $.615 per pound delivered Minimum: 2,000 pounds Price includes 2.hours unloading time Terms: Net cash in 30 days Firm Thru: October 30, 2010 We appreciate the opportunity to quote on your business. If you have any questions, or if we may be of further service, please call. Very truly yours, Tanner Industries, Inc. Jaynes R. Selby Manager of Technical Services MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Ron Hoggard, AICP, Principal Planner THROUGH: City Manager DATE: December 3, 2009 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 WAIVER REQUEST /103 NW 3RD AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.5. 1 (E)(3)(a) (1)(c), Fences and Walls, which prohibits fences and walls over four feet (4') high to be located within front or side street setbacks. A waiver has been requested for a fence measuring approximately 6' in height proposed within the side street setback, and an arbor, measuring approximately 7' in height within the front setback. BACKGROUND At its meeting of December 2, 2009, the Historic Preservation Board (HPB) considered a Certificate of Appropriateness (COA) and aforementioned waiver requests. The HPB approved the COA and recommended approval of the waiver requests. Administrative approval was granted for a wood fence measuring 4' in height. WAIVER ANALYSIS Pursuant to LDR Section 4.5.1(E)(3)(a)(1)(c),Fences and Walls,fences and walls over four feet (4') shall not be allowed in front or side street setbacks. Therefore, the waiver is required as the proposed arbor is located within the front setback and measures approximately 7' in height, while the wood fence is located within the side -street setback and measures 6' in height. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The intent of the decreased height requirement within historic districts is to maintain an attractive and open streetscape aesthetic. The waiver request for the proposed 7' arbor and increased fence height to 6' may be supported in that a) NW 1 st Street is not a through street and the fence's impact will be minimal as it transitions from the taller chain link fencing of the adjacent Tennis Center immediately south of NW 1st Street (not located within the district), and the arbor is considered a feature and will enhance rather than detract from the neighborhood; b) the provision of public facilities will not be affected by the increased height of either feature; c) the increased height of the fence is intended to create a safer situation for the property owner given the tendency for transients to congregate on the property and utilize it as an access way to the alley and adjacent properties, while the increased height on the arbor will not create an unsafe situation; and d) the request for the 6' fence would likely be supported should a similar situation occur in an historic district, while similar requests have been approved for arbors. Therefore, positive findings can be made with respect to LDR Section 2.4.7(B)(5). RECOMMENDATION Fence Approve the waiver to LDR Section 4.5.1(E)(3)(a)(1)(c), Fences and Walls, which does not permit fences or walls over 4' in height to be located within the front or side street setbacks, permitting a 6' fence within the side street setback. Arbor Approve the waiver to LDR Section 4.5.1(E)(3)(a)(1)(c), Fences and Walls, which does not permit fences or walls over 4' in height to be located within the front or side street setbacks, permitting an arbor measuring approximately 7' in height within the front setback. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 211 NW 1St Street/103 NW 3rd Avenue ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests are to allow a six foot (6') fence to be placed within the side street setback and a seven foot (7') arbor to be placed within the front setback have come before the City Commission on December 8, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the 211 NW 1St Street/103 NW 3rd Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. Pursuant to LDR Section 4.5.1(E)(3)(a)1.c. states that, "fences and walls over four feet (4') shall not be allowed in front or side street setbacks. Therefore, a waiver to the four foot (4') height limitation is requested. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. a. Would the waiver of Section 4.5.1(E)(3)(a)1.c. to allow a six foot (6') fence to be located within the side street setback comply with the requirements of 2.4.7(B)(5)? Yes No b. Would the waiver of Section 4.5.1(E)(3)(a)1.c. to allow a seven foot (71) arbor to be located within the front setback comply with the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Section 4.6.9(E)(3)(a)1.c. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 8th day of December, 2009, by a vote of in favor and opposed. ATTEST: Nelson S. McDuff ie, Mayor Chevelle Nubin, City Clerk 2 HISTORIC PRESERVATION BOARD M,EMQRANDUM STAFF REPORT Property Owner: Bryce Newell & Jodie MacLellan Authorized Agent: Dennis Thompson, City of Delray Beach Project Location: 211 NW 1St Street/103 NW 1st Street, West Settlers Historic District HPB Meeting Date: December 2, 2009 ITEllll BEFORE THE BOARD COA: 2008-090 The item before the Board is the consideration of a Certificate of Appropriateness (COA) and waiver associated with a fence on a contributing property located at 211 NW 1St Street1103 NW 1st Street, West Settlers Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND';& PROJECT DESCRIPTION": The subject property consists of Lot 8, Block 43, Town of Delray, and is located on the northeast corner of NW 18t Street and NW 3rd Avenue. The property contains a concrete block and stucco ranch -style structure built in 1959. A detached garage constructed in 2009 is located to the rear of the property. In May 2009, the subject property was reclassified as a contributor to the West Settlers Historic District. In 2007, the Board approved a COA request for the installation of impact rated, 616, single hung windows with defined (not flat) muntins throughout the principal structure. In 2008, the Board approved a COA for the demolition of a circa 1983, detached two -car garage and new construction of a detached two -car garage. On September 17, 2009, the City Commission approved a Hold Harmless Agreement for the installation of a "removable fence" within the adjacent public right-of-way to the east (rear alley) and south (side -street, along NW 1 St Street) of the property. In November 2009, a COA was administratively approved for the installation of landscaping, brick patios, and a 6' board -on -board wood fence located along the north and east property lines (including the alley) and a 4' along the asphalt line of NW 1St Street. See attached site plan for additional details. The subject request is to increase the height of the fence along the asphalt line of NW 1St Street from 4' to 6`, and to install an arbor at the front of the property. The arbor measures approximately 7' in height. A waiver is required as fences and walls 'over four feet (4') shall not be allowed in front or side street setbacks" for properties within historic districts. The subject COA and waiver request is now before the Board for consideration. A recommendation will be forwarded to the City Commission meeting of December 8, 2009 103 NW 3"d Avenue/211 NW 1'` Street, 2010-013 HPB Meeting December 2, 2009 Wage 2 of 4 ANALYSIS As noted above, the request is to install a 6' fence within the side -street setback, and a 7' arbor at the front walkway connecting the sidewalk to the front door. Pursuant to LDR Section 4.5.1(E)(3)(a)(1.)(c), fences and walls over four feet (4') shall not be allowed in front or side street setbacks. Therefore, a waiver request to exceed the 4' height limitation is required. Waiver Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The property owner has submitted the following in support of the request: "...The side of our home faces an alley (formally NW 7st Street) which has now ,become a place for vagrants to hang out because it basically dead ends to the Delray Beach Tennis courts. This alley/road is not a viable street and does not allow for cars or pedestrians. We have also had issues with people urinating and drinking along side of this alley because it is dark and somewhat secluded. We want to build a six foot fence around the sides and back of our house for privacy, security and to deter the vandalism and theft that has been a common occurrence since we moved in. For esthetic purposes we want the fence to be six feet along the sides and back of our home. We are planning on planting bushes along the outside of the fence and adding some lighting to deter people from hanging out on what is now the entrance to our driveway. " STAFF COMMENT & ANALYSIS While the intent of the decreased height within historic districts is to maintain an attractive streetscape aesthetic reducing the adverse affect on the neighboring area, the waiver may be supported as follows: (a) NW 18t Street is not a through street and the fence's impact will be minimal as it transitions from the taller chain link fencing of the adjacent Tennis Center (not located within the district). The arbor is considered a feature and will enhance rather than detract from the neighborhood; (b) The provision of public facilities will not be affected by the increased height of either feature; (c) The increased height of the fence intends to create a safer situation for the property owner given the tendency for transients to congregate on the property and utilize it as an access way to the alley and adjacent properties. The increased height'on the arbor will not create an unsafe situation; (d) While the circumstance regarding the fence is uncommon in a historic district, the request would likely be supported should a similar situation occur. Regarding the arbor, similar requests have been approved for this type of feature. Based on the analysis above, the request to increase the height of both the fence and arbor as requested may be supported. 403 N1N 3'd Avenue/211 NW 1'Street, 2010-013 HPi3 Meeting Deceinber 2, 2009 Page 3 of 4 LDR Section 4.5.1 — Historic Preservation Sites and Districts (E=) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (8)Visual Compatibility Standards. New construction and all improvements to contributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. (i) Walls of Continuit : Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. STAFF COMMENT & ANALYSIS The subject request is to increase the fence height from 4' to 6' within the side -street setback and install a 7' arbor at the front of the property. As noted in the waiver analysis, these requests will not detract from the neighborhood nor the contributing property. They are appropriate and compatible, and the additional landscaping along the fence will help to mitigate any potential negative impact on the streetscape. Therefore, the request may be supported to install a 6' fence along NW Vt Street and a 7' arbor at the front of the property, as noted on the attached plans. ALTERNATIVE I�±CTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2010010) for 211 NW 18t Street1103 NW 1St Street, West Settlers Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny approval of the Certificate of Appropriateness for 211 NW 1" Street1103 NW 15t Street, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Motion to bp_phrased in the affirmative. See above). 103 NVV V Avenue/211 NW V' Street, 2010-013 F1 PB Meeting December 2, 2009 Page 4 0f 4 RIrQMMEND ATION: Certificate of Appropriateness Move approval of the Certificate of Appropriateness for 211 NW Vt Street, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, Waiver Request — LDR Section 4.5.1(E)(3)(a)(1.)(c.), Fences and Walls Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1(E)(3)(a)(1.)(c.), to allow a fence taller than four feet (4') to be located within the side street setback. Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1(E)(3)(a)(1.)(c.), to allow a fence (arbor) taller than four feet (4') to be located within the front setback. Report by: Amy E. Alvarez Attachments: • Survey ■ Site and Landscape Plans • Hold Harmless Agreement X z U ` LLI LL O © x" x < U Z cn Q Q H H m go a w ry --—' O Q LL Co Q Z z d o N r w §� N " _ w `A 2 W w . AY tq Zdr O �lennapis l a } I � I F I oQ oQ 3AV(RIC MN o �¢W � °-�' � •`� as U O------------ ------------------------------------------------------------------- - a [7 a SB-131YJ8Zl3LNI +`� R LOT. 16 �� r LOT 15 H FD 1/2 IRON (P 76.50 Rao AND CAP1.01 l 8 i 0 33, 0' GARAGE A RIIi }, o N N 33.0'' LL J i p z Lvco 4j ! Q 28. TI iI7� aL6 y-r Q� r �i Uo Lo 5.7 (lids � x `� O 17,01 r - m 21 a �! r D— Li GNE STORY � `') SINGLF- FAMILY a a- RES E 0E#10r� z 4� a � 32.2' 13.2 4 cat COVERED ENTRY c� g 4° (� FD 7/Z IRON 5' CONC SIDEWALK ROD AND CAP (P&M) 75.50CD' 4 20` ASPHALT PAVEMENT-�- _.�._-_.__v-... -•--� i rt y a 4. °mow .r z 14 - .J 4S 4 Prepared by: RETURN: R. Brian Shutt, Esq. City ttorney's Office HiQI st Avenue Ira ch, FL 33444 )�> V CFM 200` 0342454 OR BK 23474 PG 0191 RECORDED 10/01/2009 16:22:21 Palm Beach County, Florida Sharon R. Sock,CLERK & COMPTROLLER Pgs 0191 - 196; (6pgs) HOLD HARMLESS AGREEMENT THIS HOOP HARMLESS AGREENMrr, is entered into this day of 20b�;,v and between the CITY OF DELRAY BEACH FLORIDA, c , (hereinafter referred to zii and Bryce Newell (hereinafter referred to as 1 1• WITNESSETH: WHEREAS, OWNER ownsfr' erty located at 103 NW 3'd Avenue, Delray Beach, Florida, and has requested QTY to l q a���`or the installation of removable fence in the public right-of-way; and WEUTREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the removable fence as a result of maintenance within the public right-of-way or any action brought against the CITY as a result of the removable fence in the public right-of-way. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: I. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A". Book234741Page191 Page 1 of 6 3. That OWNER wishes to install a(n) removable fence in the area, as sown on Exhibit "B", in the public right-of-way pursuant to the City of Delray Beach 6ft_' Ordinances. No structure or any portion of such structure shall be within 10 feet"cffl'la City's underground utilities. , f OWNER acknowledges that the CITY shall assume no responsibility or ,ice j r� (Z i maintenance the removable fence and any improvements thereto, which OWNER. plac in the public right-of-way and that OWNER shall be responsible for the upkeep and maint%e of such removable fence and associated improvements in the p right-of-way public ri izi� ' rdance with the Code of Ordinances of the CITY. y 5. OWNER,���ideration of the mutual covenants set forth herein, agrees to defend, indemnify, and holdj#ffiless the CITY, its agents, officers, employees and servants V from any and all claims, suits, v of action or any claim whatsoever made, and damages, which may result from the placeme t ~oar existence of the removable fence and improvements in the public right -o -�i OWNER further agrees to hold the CITY, its agents, officers, employees and servants,- ess for any damage to the removable fence and associated improvements OWNER places within the public right-of-way. It is understood that any cost for replacement or repair of the removable fence and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the removable fence and associated improvements as a result of any maintenance or construction within the public right-of-way by the CITY. 5. The CITY may at any time and in its sole discretion request that OWNER remove the removable fence from the public right-of-way and OWNER agrees to immediately remove the removable fence from the public right-of-way. 2 Book234741Page192 Page 2 of 6 7. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: \; f CITY: Environmental Services Director City of Delray Beach }" 434 South Swinton Avenue o Delray Beach, FL 33444 r(i?s OWNER: Mr. Bryce Newell 103 NW 3' Avenue -_ Delray Beach, FL 33444-2623 8. Tl s Ageement shall be binding on the Parties, their respective heirs, successors, 6C�` legal representatives, ,permitted assigns and shall be recorded in the Public Records of Palin Beach County and shall r With the land. 9. This Agree zi'lJsira11 be governed by and construed in accordance with the laws of the State of Florida. Venuefoijclaim or lawsuit arising out of this Agreement shall be in Pahn l- 1 l Beach County. S IN WITNESS WHEREOF,parties hereto have entered into this agreement the day r r` and year first written above.. 1A QA 42� 3 Book23474IPage193 Page 3 of 6 j.• By. Obi By: (Print or Type Name) y Notary poh,rc Stab of Ffo,�da r!° Droll (SEAL) ` _ _ r:N�3<.; oe11512009 °°as'ai l STATE OF oClop- C, COUNTY OF aL` % �u The foregoing instrument v#s��/aclmowledged before me this day of 2005 by i 6e L- � (name of officer or agent), of _�c3 _.0 W ` f) h- e D=m ws &,,33 e of corporation), a r place of incorporation) corporation, on behalf of the corporation. Hona y own�to e or has produced (type of identificatio as not take an oath. S f9natu e o Public - State of ron 4 Book234741Page194 Page 4 of 6 y ATTEST -,1. By. Obi By: (Print or Type Name) y Notary poh,rc Stab of Ffo,�da r!° Droll (SEAL) ` _ _ r:N�3<.; oe11512009 °°as'ai l STATE OF oClop- C, COUNTY OF aL` % �u The foregoing instrument v#s��/aclmowledged before me this day of 2005 by i 6e L- � (name of officer or agent), of _�c3 _.0 W ` f) h- e D=m ws &,,33 e of corporation), a r place of incorporation) corporation, on behalf of the corporation. Hona y own�to e or has produced (type of identificatio as not take an oath. S f9natu e o Public - State of ron 4 Book234741Page194 Page 4 of 6 Exhibit "A" 0 3a Block 43, Map of the Town of Linton, n/kIa The City of Delray ,,according to the Plat thereof recorded in Plat Book 1, Page 3 of �F-p),the Public Records of Palm Beach County, Florida. 5 Book23474/Pagel95 Page 5 of 6 910 g abed AV pi£ MN a' T M z % abed/VLKZ�009 * Z N- N ; Z T m m n'y r AV pi£ MN a' T M z % abed/VLKZ�009 * Z N- N ; Z T MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: November 30, 2009 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 BONUS PAYMENTS TO JCD SPORTS GROUP, INC. ITEM BEFORE COMMISSION City Commission is being requested to consider bonus payments to JCD Sports Group for FY08-09. BACKGROUND As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance measures as approved by City Commission. Performance measures are weighted by points with a 100 point total with the ability to receive an additional 25 bonus points for special projects such as hurricane clean up and other actions. Attached is the bonus payment request received from JCD Sports Group for FY08-09 with point totals they feel should be assigned for each performance measure in the following amounts: Delray Beach Golf Club $12,573.00 Lakeview Golf Club $ 2,925.00 Tennis Operations $ 5,992.50 FUNDING SOURCE Funding is available in account 445-4711-572-34.90 for Delray Beach Golf Club, 446-4711-572-34.90 for the Lakeview Golf Club and 001-4215-575-34.90 and 001-4210-575-34.90 for Tennis Operations. RECOMMENDATION Staff recommends approval of bonus payments to JCD Sports Group for golf and tennis operations as requested. Delray Beach Golf Club FY 2008-2009 Performance Measures Proposed Points Points City Staff Available Actual Results Requested Recommendation Conduct a customer satisfaction survey for golf operations and obtain an overall avera a ratina of 3.5 or better on a 1 to 5 scale. 15 4.3 15 15 Conduct a customer satisfaction survey for restaurant operations and obtain an overall average rating of 3.5 or better on a 1 to 5 scale. 15 4.1 15 15 Achieve a participation level of 2,850 in golf course sponsored programs (min 2,350 - max 2,850) 10 2,886 10 10 Achieve a level of 82,000 rounds (min rounds 77,000 - max rounds 82,000) 10 74,731 0 0 Achieve gross golf fees including Annual Permits of $2,129,370 (min $2,029,370 - max $2,129,370) 15 $ 1,911,918 0 0 Achieve gross merchandise sales of $125,000 (min $100,000 - max $125,000) 10 $ 110,334 4 4 Achieve gross restaurant sales of $1,200,000 (min $1,100,000 - max $1,200,000) 10 $ 1,170,232 7 7 Maintain budgeted operating expenses below $3,017,630. 15 $ 2,763,009 15 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result of performances 25 by JCD Sports Group that exceeded contract expectations. Management Fee Possible 15% bonus Bonus with total points earned Additional bonus points calculation TOTAL BONUS Total Possible Points 125 $ 127, 000.00 $ 19,050.00 $ 12,573.00 $12,573.00 CAProgram Files\Neevia.Com\Document Converter\temp\PDFConvert.7060.1.JCD 2009 Proposed Performance MeasuresRV.xls Lakeview Golf Club FY 2008-2009 Performance Measures Proposed Hoints Actual Hoints Available Results Requested Conduct a customer satisfaction survey and obtain an overall average rating of 3.5 or better on a 1 to 5 scale. 30 4.3 30 Achieve a participation level of 2,000 in golf course sponsored programs (min 1,500 - max 2,000) 10 2,686 10 Achieve a level of 52,215 rounds (min rounds 47,215 - max rounds 52,215) 10 40,045 0 Achieve gross golf fees including play cards of $855,580 (min $805,580 - max $855,580) 15 $ 685,756 0 Achieve gross merchandise sales of $25,000 (min $20,000 - max $25,000) 10 $ 26,086 10 Achieve gross Food & Beverage sales of $30,000 (min $25,000 - max $30,000) 10 $ 37,525 10 Maintain budgeted operating expenses below $616,703. 15 $ 598,227 15 Total Points 100 Bonus Points, at the sole determination of the City, as a result of performances by JCD 25 Sorts Group that exceeded contract expectations. Total Possible Points 125 Management Fee $ 26,000.00 Possible 15% bonus $ 3,900.00 Bonus with total points earned $ 2,925.00 Additional bonus points calculation $ TOTAL BONUS $ 2,925.00 75 city Stats Recommendation 30 10 0 0 10 10 15 75 00 'Course was closed from June 2, 2008 to October 20, 2008 for reclaimed waterline installation and greens and tees renovation project. C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.7060.1.JCD 2009 Proposed Performance MeasuresRV.xls Delray Beach Tennis Center Delray Swim & Tennis Club FY 2008-2009 Performance Measures Proposed Points Actual Points City Staff Available Results Requested Recommendation Conduct a customer satisfaction survey and obtain an overall average 30 3.8 30 30 ratinq of 3.5 or better on a 1 to 5 scale. Achieve a level of 410 memberships (min 360 - max 410) 15 343 0 0 Achieve a level of 59,000 daily play counts (min 54,000 - max 59,000) 15 62,083 15 15 Maintain program participation. Programs include: Special Olympics, 10 115% 10 10 Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - max 105% for 07-08 total participants vs. 08-09 total participants) Achieve gross revenue for lessons of $325,000 (min $225,000 - max 15 $ 354,636 15 15 $325,000) Achieve gross revenue for Leagues & Tournament of $30,000 (min 5 $ 29,883 5 5 $25,000 - max $30,000) Achieve gross revenue for General Admissions of $75,000 (min $65,000 10 $ 82,082 10 10 - max $75,000) Total Points 100 Bonus Points, at the sole determination of the City, as a result of 25 performances by JCD Sports Group that exceeded contract Management Fee Possible 15% bonus Bonus with total points earned Additional bonus points calculation TOTALBONLIS Total Possible Points 125 $ 47, 000.00 $ 7,050.00 $ 5,992.50 $ 5,992.50 85 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.7060.1.JCD 2009 Proposed Performance MeasuresRV.xls 85 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: November 24, 2009 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF DECEMBER 8,200 AGREEMENT/AMERICAN TRAFFIC SOLUTIONS (ATS) ITEM BEFORE COMMISSION The item before Commission is consideration of the proposed contract between the approved vendor, American Traffic Solutions (ATS), and the City for the implementation of a Red Light Enforcement Program (RFP 2009-27). BACKGROUND On May 19th, Commission approved the selection of ATS as the vendor and authorized staff to negotiate a final contract. Attached is a copy of that agreement. The negotiation process has been very lengthy, and the vendor has made numerous concessions since the first contract draft was presented to staff. We have worked diligently with the vendor to develop an agreement that is fair and equitable to both parties. During this process, some terms were amended. The key changes have been summarized for you here. 1. Due to pending legislation and active lawsuits, contract language has been added (section 2.0) which states, "...this Agreement shall commence upon the passage of favorable red light camera state enabling legislation and the City's issuance .... of the Notice to Proceed..." This wording should protect both the City and the vendor. 2. The contract term was revised from five (5) years to three (3) years with the option to extend for 2 additional one (1) year periods (section 2.0). 3. Termination with cause is included. However, the vendor would not agree to a termination without cause provision due to the extensive up -front investment the project requires (section 6.1). 4. The cost neutrality provision has been included, which guarantees that the City will not expend more in vendor fees than is collected from the project (section 7.5). Note: there is a provision for rolling reconciliations. 5. The City negotiated an option to change compensation/ pricing annually (with notice) from options outlined in exhibit F (which will be either a fixed or a tiered approach). This will allow the City to readjust the payment terms as the project evolves (section 7.6). Note, this was a major concession on the part of the vendor. 6. The City Attorney has expressed some reservations regarding the indemnification clause (section 10.0). It should also be noted that other South Florida cities continue to move forward with contracting red light camera enforcement projects with ATS. RECOMMENDATION I recommend approval of the contract so that the vendor can proceed with the studies needed to determine which intersections would have their safety improved the most by installation of red light cameras. We would not have any cameras installed until either there is state enabling legislation passed, or there is a favorable court decision upholding the legality of red light cameras under the code enforcement laws. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC SAFETY CAMERA PROGRAM This Agreement (this "Agreement") is made as of this day of , 2009 by and between American Traffic Solutions, Inc., a Foreign Corporation registered in Florida, with offices at 7681 E Gray Road, Scottsdale, Arizona 85260 ("Vendor"), and The City of Delray Beach, a Florida municipal corporation, with an address at 100 NW 1st Avenue, Delray Beach, Florida (the "City"). RECITALS WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, the City Commission adopted Ordinance 50-08, which authorizes the City's Traffic Safety Camera Program (TSCP) and provides for the implementation and operation of such; and, WHEREAS, the City desires to engage the services of Vendor to provide certain equipment, processes and back office services so that Authorized Employees of the City are able to monitor, identify and enforce red light running Infractions; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1.0 Definitions. All definitions set forth in Ordinance are incorporated herein. In addition, the following words and phrases shall have the following meanings in this Agreement: 1.1. "Authorized Employee" means the Traffic Infraction Review Officer, whose duties and qualifications are set forth in the City Ordinance. 1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which authorization to issue a Notice of Infraction in the form of an Electronic Signature is given by the Authorized Employee by using the Vendor System. 1.3. "Business Rule Process" means the completion of a questionnaire in establishing process rules within the AXSIS system used to track violations and notices (payments, adjudication, escalation). The rules are defined in compliance with local ordinance, state statute and contractual terms and are implemented only upon City's approval. Page 1 of 31 1.4. "City Ordinance" means Ordinance No. 50-08, as may be amended from time to time. 1.5. "Civil Fee" means the fee assessed for violations of the City Ordinance, as set forth in the Ordinance. 1.6. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, City's or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.6.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, or at which such Person sells or has sold its services; and 1.6.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.6.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) is a public record, and not otherwise exempt, pursuant to Florida law; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iv) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (v) was required by a court of competent jurisdiction to be described, or (vi) was required by applicable state law to be described. 1.7. "Designated Intersection" means the Intersections, as that term is defined in the City Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as Vendor and the City shall mutually agree from time to time through the parties' Project Managers. Page 2 of 31 1.8. "Electronic Signature" means the method through which the Authorized Employee indicates his or her approval of the issuance of a Notice of Infraction in respect of a potential Infraction using the Vendor System. 1.9. "Enforcement Documentation" means the necessary and appropriate documentation related to the enforcement of Red Zone Infractions, as defined in the City Ordinance, including but not limited to warning letters, Notices of Infraction (using the specifications of the hearing officer (also known as code enforcement Special Magistrate) and the City, a numbering sequence for use on all notices (in accordance with applicable state statutes and the City's Ordinance), instructions to accompany each issued Notice of Infraction (including in such instructions a description of basic enforcement procedures, payment options and information regarding the viewing of images and data collected by the Vendor System), chain of custody records, criteria regarding operational policies for processing Notices of Infraction (including with respect to coordinating with the applicable vehicle registry), and technical support documentation for applicable hearing officers . 1.10. "Equipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Vendor Photo Red Light System(s), including but not limited to all camera systems, housings, sensor arrays, severs and poles. 1.11. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, Commission or organization, and any subdivision, branch or department of any of the foregoing. 1.12. "Infraction" means any violation of the City's Ordinance, also known as a red zone infraction. 1.13. "Infractions Data" means the images and other Infractions data gathered by the Vendor System at the Designated Intersection. 1.14. "Installation Date of the TSCP" means the date on which Vendor completes the construction and installation of at least one (1) Intersection in accordance with the terms of this Agreement so that such Intersection is operational for the purposes of functioning with the TSCP. 1.15. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask -works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the Page 3 of 31 foregoing), of such Person, consistent with the definition of such terms in Florida Statutes. 1.16. "Notice of Infraction" shall mean the Notice of an Infraction, which is mailed or otherwise delivered by Vendor to the alleged violator on the appropriate Enforcement Documentation in respect of each Authorized Infraction pursuant to the requirements of the City Ordinance. 1.17. "Notice to Proceed" means the written notice City provides to Vendor to begin installment and implementation of the Camera System, which shall be issued at such time as City determines within its sole discretion. 1.18. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the TSCP is functional in order to permit the identification and the issuance of Notices of Infraction for approved Infractions using the Vendor System. 1.19. "Ordinance" shall mean City of Delray Beach Ordinance No. 50-08, as may be amended from time to time. 1.20. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.21. "Project Manager" means the project manager appointed by the City in accordance with this Agreement, which shall be the City Manager, or his designee and shall be responsible, on behalf of City, for overseeing the installation at the Designated Intersections and the implementation of the TSCP, and which manager shall have the power and authority to make management decisions relating to the City's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the City's Charter or Ordinance or by the City Commission. 1.22. "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether a Red Zone Infraction has occurred. 1.23. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. Page 4 of 31 1.24. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in relation to TSCP at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Vendor, and all modifications or adaptations of any of the foregoing. 1.25. "Vendor Project Manager" means the project manager appointed by Vendor in accordance with this Agreement, which project manager shall initially be named by the Vendor within 14 days of the execution of this Agreement or such person as Vendor shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseeing the construction and installation of the Designated Intersections and the implementation the TSCP, and who shall have the power and authority to make management decisions relating to Vendor's obligations pursuant to this Agreement, including but not limited to change -order authorizations. 1.26. "Traffic Safety Camera Program" means, collectively, the TSCP provided by Vendor and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.27. "Traffic Safety Camera Process" means the process by which the monitoring, identification and enforcement of Infractions of the Red Zone Infractions is facilitated by the use of certain equipment, applications and back office processes of Vendor, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of identifying Infractions and recording such Infraction data in the form of photographic images of motor vehicles. 1.28. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential Infractions will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the definition of a Red Zone Infraction set forth in the City Ordinance, relying upon the duration of time that a traffic light must remain red prior to a Infraction being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Infraction, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.29. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 1.30. "Warning Period" means the period of thirty (30) days after the Installation Date of the first intersection approach. 2.0 Term. The term of this Agreement shall commence upon the passage of favorable red light camera state enabling legislation, and the City's issuance to Vendor of the Notice to Proceed, which shall not be used in bad faith by the city as an opportunity to select a Page 5 of 31 different vendor, and shall continue for a period of three (3) years (the "Initial Term"). However, prior to commencement of the term, this Agreement shall be binding upon the parties effective immediately following the date the last party executes the Agreement. The City shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional, one (1) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The City may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Vendor not less than sixty (60) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3.0 Services. Vendor shall provide the TSCP to the City, in each case in accordance with the terms and provisions of the Ordinance. 3.1. Installation. With respect to the construction and installation of the Designated Intersection and the installation of the Vendor System at such Designated Intersection: the City and Vendor shall have the respective rights and obligations set forth on Exhibit "B" attached hereto. 3.2. Maintenance. With respect to the maintenance of the Vendor System at the Designated Intersections, the City and Vendor shall have the respective rights and obligations set forth on Exhibit "C "attached hereto. 3.3. Infraction Processing. During the Operational Period, Infractions shall be processed as set forth on Exhibit" D", attached hereto. 3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof pursuant to the terms, procedures and requirements of the City Ordinance, subject to City's routine law enforcement discretion. 3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Vendor and the City shall have the respective rights and obligations set forth on Exhibit "E" attached hereto. 3.6. Change Orders. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Vendor, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Vendor's receipt of a Change Order Notice, Vendor shall deliver a written statement describing the effect, if any, the proposed changes would have on the terms set forth in Exhibit " E " (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of Page 6 of 31 payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 16.0. 4.0 License, Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Vendor hereby grants the City, and the City hereby accepts from Vendor upon the terms and conditions herein specified, a non-exclusive, non -transferable license during the Term of this Agreement to: (a) solely within the City, access and use the Vendor System for the sole purpose of reviewing Potential Infractions and authorizing the issuance of Notices of Infraction pursuant to the terms of this Agreement, and to print copies of any content posted on the Vendor System in connection therewith, (b) disclose to the public (including outside of the City) that Vendor is providing services to the City in connection with TSCP pursuant to the terms of this Agreement, and (c) use and display the Vendor Marks on or in marketing, public awareness or education, or other publications or materials relating to the TSCP, so long as any and all such publications or materials are approved in advance by Vendor. 4.2. Reservation of Rights. The City hereby acknowledges and agrees that: (a) Vendor is the sole and exclusive owner of the Vendor System, the Vendor Marks, all Intellectual Property arising from or relating to the Vendor System, and any and all related Equipment provided under this Agreement, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of City pursuant to this Agreement, the City shall gain no additional right, title or interest therein. 4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make any modifications to the Vendor System, including but not limited to any Equipment, (b) alter, remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Vendor therein, (d) use any trademarks or other marks other than the Vendor Marks in connection with the City's use of the Vendor System pursuant to the terms of this Agreement without first obtaining the prior consent of Vendor, or (e) disassemble, de -compile or otherwise perform any type of reverse engineering to the Vendor System, the Vendor System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Vendor, or cause any other Person to do any of the foregoing. 4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Vendor, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Vendor Marks, the filing of patent Page 7 of 31 application for any of the Intellectual Property of Vendor, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such protective activities, and shall not in its own name make any registrations or filings with respect to any of the Vendor Marks or the Intellectual Property of Vendor without the prior written consent of Vendor. 4.5. Infringement. The City shall use its reasonable best efforts to give Vendor prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Vendor Marks or any of Vendor's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Vendor Marks or any other Intellectual Property of Vendor. Vendor shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. 4.6. Infringing Use. The City shall give Vendor prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Vendor Marks, or any other Intellectual Property of Vendor, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall render to Vendor such reasonable cooperation and assistance as is reasonably requested by Vendor in the defense thereof, provided, that Vendor shall reimburse the City for any reasonable costs, including without limitation attorneys fees and court costs, as well as City staff costs, incurred in providing such cooperation and assistance. If such a claim is made and Vendor determines in the exercise of its sole discretion, or a court or administrative proceeding of competent jurisdiction determines, that an infringement may exist, Vendor shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non -infringing items, all at no cost to the City. In addition, in such event, the City has the right, but not the obligation, to terminate this Agreement pursuant to paragraph 6.1. 5.0 Representations and Warranties. 5.1. Vendor Representations and Warranties. 5.1.1. Authority. Vendor hereby warrants and represents that: 5.1.1.1. it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; and, 5.1.1.2. to the extent legally required, Vendor has all ownership rights, licenses, or other required authority to use the software and hardware it installs to perform the services under this Agreement. 5.1.2. Professional Services. Vendor hereby warrants and represents that any and all services provided by Vendor pursuant to this Agreement shall be Page 8 of 31 performed in a professional and workmanlike manner and, with respect to the installation of the Vendor System, subject to applicable law, in compliance with all specifications provided to Vendor by the City. 5.2. City Representations and Warranties. 5.2.1. Authority. The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; provided that Vendor acknowledges that the initial program is premised on being consistent with the requirements and authority of state law, applicable attorney general opinions, and the City's Ordinance, and City cannot and does not warrant the outcome of any judicial or legislative action that may be taken affecting these authorities subsequent to the execution of this Agreement. 5.3. Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner in City's governmental capacity. 6.0 Termination. 6.1. Termination for Cause: Either party shall have the right to terminate this Agreement by written notice to the other if: (i) state or federal statutes are amended, or regulations or policies are adopted by agencies with jurisdiction, to prohibit or materially change the operation of TSCP so as to make it reasonably impractical to operate the red light enforcement program, including without limitation changes that would prohibit the red light enforcement program, or which would impose restrictions on revenues and uses that are contrary to the terms of this Agreement; (ii) any court having jurisdiction over City rules, or declares, that the City's red light enforcement program is invalid or results from the Vendor System of photo red light enforcement are inadmissible in evidence, or otherwise renders a decision that makes it reasonably impractical to operate the red light enforcement program; (iii) a determination by a court of competent jurisdiction or other applicable dispute resolution forum finds that Vendor has infringed upon a third party's patent, trademark, copyright, trade secret or other intellectual property; (iv) the other party commits any material breach of any of the provisions of this Agreement; or (v) the Vendor does not pay revenues to City as required by this Agreement. Either party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. Page 9 of 31 6.2. Warning Period. This Agreement provides for a one time, thirty (30) day Warning Period, during which time courtesy notices of infractions, with no civil fees, are used. The parties hereto acknowledge that this Warning Period will be used to verify the reliability of the program and the detection of infractions, as well as to monitor anticipated changes in state law on the subject of camera enforcement of red light infractions. The Warning Period shall commence on the date the initial camera becomes operational. 6.3. Procedures Upon Termination. This section 6.3 shall apply to the expiration of this Agreement and to the early termination of the Agreement. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in this Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1. Vendor shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a final report to the City regarding the collection of data and the issuance of Notices of Infraction in such format and for such periods as the City may reasonably request, and which final report Vendor shall update or supplement from time to time when and if additional data or information becomes available, (iv) provide City all data pertaining to outstanding Civil Fee payments due and owing to City and potential payments due to Vendor, (v) provide City with its proposed schedule for the removal of the Vendor's equipment, at no cost to the City, from the City and once such schedule is approved by City Vendor shall remove such pursuant to the schedule; and (vi) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Notices of Infraction issued prior to the termination of this Agreement. 6.3.2. The City shall (i), except for pending enforcement cases, immediately cease using the TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor, and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided to the City pursuant to this Agreement, other than such equipment installed by Vendor along the roadways for the enforcement program. 6.3.3. Unless the City and Vendor have agreed to enter into a new agreement relating to the TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any and all Equipment or other materials of Vendor installed in connection with Vendor's performance of its obligations under this Agreement, at no cost to City, including but not limited to housings, poles and camera systems, and Vendor shall restore the Designated Intersections to substantially the same condition such Designated Intersections were in immediately prior to this Agreement, except for Page 10 of 31 foundation removal, which shall be left approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to City pursuant to the schedule agreed upon by the parties in section 6.3.1. 6.4. State Enabling Legislation Termination. After two (2) years following the date the last party executes this Agreement, if state enabling legislation has not been passed as noted in Section 2.0, and, if the city has no installed red light cameras, then this Agreement may be terminated by written notice by either party. 7.0 Fees to be Paid to Vendor and Pavment Processi 7.1. Vendor shall have the right to receive the compensation set forth on, and pursuant to, Exhibit F attached hereto. 7.2. Vendor shall be responsible for processing payments of the Civil Fees. The Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. 7.3. Vendor shall pay City all payments received during a calendar month, no later than the 7m day of the next following month. 7.4. Vendor shall invoice the City for all applicable fees according to the fee schedule delineated on Exhibit "Y'. Along with the invoice, Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to the financial reporting functions of Vendor's system upon City's request. 7.5. During the term of the Agreement, City shall not be required to pay Vendor more than City (or Vendor on City's behalf) has collected/received in fines payments through the use of the Axsis System cumulatively throughout the term of the contract. For the purposes of this clause, the term "fines" applies to that portion of fines actually retained by the City. 7.5.1. If collections for the program during any month are less than the full amount of Vendor invoices, Vendor shall be entitled the full amount of fines actually collected. Vendor will maintain an accounting of any net balances owed to Vendor and shall apply future collections first to the accrued balance and then to the current month's invoice. At any time that Vendor fees and any accrued balances are fully repaid, additional corrections will be retained by the City. Any positive revenue balances generated from this program (whether reserved in cash or not by the City) will be used to offset future Vendor invoices in the event of monthly deficits. 7.6. City and Vendor can change compensation and pricing as outlined in Exhibit F of Agreement. Only those pricing programs identified as "Optional Pricing Descriptions" in Exhibit F will be considered. Any change will occur after one (1) Page 11 of 31 year from the live date of each camera, and thereafter upon the twelve (12) month anniversary date after each camera is installed and activated. 7.7. Either party may seek to elect to amend the term and pricing fee structure of this agreement within sixty (60) days following the passage of state enabling legislation. However, any change to the term or pricing fees will be subject to mutual written consent by both Vendor and City. 8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the termination of the Agreement to the extent necessary to fulfill the parties' accrued monetary obligations under this Agreement. 9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement, subject to the obligations and requirements of Florida's public records laws and public meetings law. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party's express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 10.0 Indemnification and Liability. ATS shall comply with all laws, ordinances and regulations governing the use of photo enforcement systems applicable to this Agreement and shall comply with the maintenance procedures and manufacturer recommendations for operation of the AxsisTM equipment which affect this Agreement, and shall indemnify and save harmless the Customer against claims arising from the acts from violations of the maintenance procedures, and manufacturer recommendations for the operation or installation of the equipment or personal or property damage (non -citation related) that are a result of the negligence or willful misconduct of ATS, its officers and directors, agents, attorneys, and employees, but excluding any employees or agents of Customer. This indemnification provision does not require ATS to indemnify the Customer to the extent that the damage/injury asserted is a result of the negligence or fault of the Customer. 11.0 Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Vendor is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Page 12 of 31 Code, the State Workers Compensation Act, and the State unemployment insurance law. The Vendor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Vendor, which policies of Vendor shall not conflict with City, or United States policies, rules or regulations relating to the use of Vendor's funds provided for herein. The Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Vendor and the City and the City will not be liable for any obligation incurred by Vendor, including but not limited to unpaid minimum wages and/or overtime premiums. 12.0 Assignments; Amendments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by either party, including without limitations purchases of controlling interest in Vendor or merger, without the prior written consent of the other party. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13.0 No Contingent Fees. Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Vendor any fee, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, percentage, gift or consideration. 14.0 Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the VENDOR and the CITY designate the following as the respective places for giving of notice: City: David Harden, City Manager City of Delray Beach 100 NW 14 Avenue Delray Beach, Florida 33411 Phone: (561) 243-7010 Page 13 of 31 Vendor: American Traffic Solutions, Inc. 7681 E. Gray Road Scottsdale, AZ 85260 Attention: Chief Operating Officer 15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non -Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non -Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than ten percent (10%) of the amount actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non -Audited Party shall promptly refund to the Audited Party the amount of the excess. 16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in the event that either party concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then either party may provide a written notice of termination of this Agreement in accordance with Section 6.1. Both parties shall also have any other remedies available at law. 17.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18.0 Headings. Headings herein are for the convenience of reference only and shall not be considered on any interpretation of this Agreement. 19.0 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits shall be treated as part of this Agreement and are incorporated herein by reference. Page 14 of 31 20.0 Waiver. Failure of either party to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 21.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 22.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, except that this provision shall not be deemed to deprive any party of any legal remedy, including termination. 23.0 Insurance. 23.1. Throughout the term of this Agreement, the Vendor agrees to maintain in force at their own expense insurance as follows: 23.1.1. Comprehensive General Liability insurance to cover liability for bodily injury and property damage. Exposures to be covered are premises, operations, products\completed operations, and contractual liability. Coverage must be written on an occurrence basis, with the following limits of liability A. Bodily Injury/Property Damage 1. Each Occurrence $1,000,000 2. Annual Aggregate $1,000,000 B. Personal Injury 1. Annual Aggregate $1,000,000 23.1.2. Worker's Compensation Insurance shall be maintained during the life of this contract to comply with Florida statutory limits for all employees. The following limits must be maintained: A. Worker's Compensation Statutory B. Employer's Liability $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -employee Page 15 of 31 If Vendor claims to be exempt from this requirement, Vendor shall provide City proof of such exemption along with a written request for City to exempt Vendor, written on Vendor letterhead. 23.1.3. Comprehensive Auto Liability — coverage shall include owned, hired and non -owned vehicles. A. Bodily Injury and Property Damage combined single limit 1. Each Occurrence $1,000,000 2. Annual Aggregate $1,000,000 23.1.4. Professional Liability - $1,000,000. 23.1.5. 23.1.5Vendor shall name the City as an additional insured on each of the policies required herein, with the exception of the Vendor's Worker's Compensation policy and Professional Liability. 23.2. Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be canceled or impaired until at least forty five (45) days prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must not be less than "A -VI." Insurance shall be in force until the obligations required to be fulfilled under the terms of the Contract are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the Vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension there under is in effect. 23.3. Any insurance required of Vendor pursuant to this Agreement must also be required by any sub -contractor of Vendor in the same limits and with all requirements as provided herein, including naming the City as an additional insured, if any work is subcontracted unless such subcontractor is covered by the protection afforded by the Vendor and provided proof of such coverage is provided to City. The Vendor and any sub -contractor of Vendor shall maintain such policies during the term of this Agreement. 24.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 25.0 Record Retention. Notwithstanding any instances of equipment maintenance/malfunction resulting in unanticipated loss of data, Vendor maintains videos and images of actual and rejected violations indefinitely. Vendor will also ensure the "rolling video" the non violation video will regularly remain retrievable for a minimum of 30 days. Page 16 of 31 26.0 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations or agreements, either written or oral. 27.0 Waiver of Jury Trial. In the event of any litigation between the parties which in any way arises out of this Agreement, the parties hereby agree to waive any right to trial by jury. 28.0 RFP Response. Vendor agrees to comply with any provisions of the RFP which are not in conflict with this Agreement, and to comply with and honor any written representations, clarifications and exceptions made by Vendor during the RFP process. Vendor's response to the RFP is incorporated into this Agreement by reference. 29.0 Compliance with Law. Vendor shall comply with all applicable laws in the performance of its services hereunder, and represents that it possesses all required licenses and certifications to perform the services. 30.0 Anti -Collusion. 30.1. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. 30.2. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 31.0 Conflict of Interest. 31.1. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment' or services to which it relates or in any portion of the profits thereof, or 31.2. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5) or more in the bidder's firm or any of it's branches. 32.0 Non -Discrimination. The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of payor other Page 17 of 31 forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF DELRAY BEACH ATTEST: CITY CLERK DAVID HARDEN, CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY WITNESSES: ATTEST: SECRETARY AMERICAN TRAFFIC SOLUTIONS, INC. I:• ADAM TUTON, EVP/COO Page 18 of 31 STATE OF ARIZONA ss: COUNTY OF MARICOPA ON THIS day of , 2009, before me, the undersigned notary public, personally appeared Adam Tuton, personally known to me, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARY PUBLIC Print or Type Name Page 19 of 31 EXHIBIT "A" Designated Intersection Installation of any approach is subject to engineering and video analysis results. Additional approaches will be selected based on collision history, input and recommendations from the City's Police Department, Engineering Department and an engineering feasibility assessment. Vendor shall apply for a permit within six (6) days of an approved Intersection Engineering Plan by City and Vendor. Vendor will provide the City with video evaluation of candidate sites using the Axsis VIMS system to assist the City's Police and Engineering Department in its recommendations. The program may be implemented at additional intersections after the conclusion of the Warning Period. The intersections will be designated by the City's Project Manager, which designation will be based upon Police and Engineering Department staff review and an engineering analysis. Page 20 of 31 EXHIBIT B" Construction and Installation Obligations Time frame for Installation: Traffic Safety Camera Program Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor Traffic Systems and the City Manager or designee. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Unless mutually agreed to by Vendor and City, Vendor will use reasonable commercial efforts to install and activate all specified intersection(s) within thirty (30) days subsequent to receipt of all permits required by Section 1.4 of this Exhibit B. Prior to state enabling legislation, Vendor will work with Customer in the testing, engineering, design, coordinating business rules requirements, permitting, and assisting with public information and outreach campaign strategies. Construction of photo enforcement sites mutually agreed to by Vendor and Customer may begin once state enabling legislation is passed and Customer provides a Notice to Proceed. 1.0 Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole expense): 1.1. Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2. Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the appropriate traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.4. Seek approval from the relevant Governmental Authorities, in conjunction with the City, having authority or jurisdiction over the construction and installation specifications for the Designated Intersection (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Seek rights from private property owners, in conjunction with the City, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and such governmental Entity denies authority to Vendor for the installation of its equipment. Page 21 of 31 1.6. Finalize the acquisition of the Approvals; 1.7. Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"); 1.8. Develop the Red Light Infraction Criteria in consultation with the City and consistent with City Ordinance; 1.9. Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the City Ordinance; 1.10. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.11. Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.12. Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Infraction processing capability with the Vendor System; 1.13. Implement the use of the Vendor System at each of the Designated Intersections; 1.14. Deliver the Materials to the City; 1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged violator requests a hearing, issue Notices of Hearing for Authorized Infractions pursuant to City Ordinance; 1.16. Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; and, 1.17. Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the TSCP, regarding the operation of the Vendor System and the TSCP. This shall include training with respect to the Vendor System and its operations, strategies for presenting Infractions Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.18. Interact with court and judicial personnel, including the City's hearing officer to address issues regarding the implementation of the Vendor System, the development of a subpoena processing timeline that will permit the offering of Infractions Data in Page 22 of 31 2.0 hearings and judicial proceedings, and coordination between Vendor, the City and the City's Hearing officer; and 1.19. Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the TSCP. 1.20. Notice of Infraction processing and Notice of Infraction re -issuance, as well as notice of hearing. 1.21. Vendor shall remove from work site(s) at the end of each working day all rubbish and waste debris resulting from operations. Vendor shall secure the work site before leaving at the end of each working day. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at City's sole expense): 2.1. Appoint the Proj ect Manager; 2.2. Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.3. Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the TSCP; 2.4. Assist Vendor in seeking the Approvals 2.5. Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the TSCP; 2.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Vendor begins the installation of any of the Designated Intersection and ending six (6) months after the Installation Date; 2.8. Assist Vendor in developing the Red Light Infraction Criteria; and 2.9. Seek approval of the Enforcement Documentation. 2.10. The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Page 23 of 31 Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.11. If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Palm Beach County will permit the placement of ATS equipment with in County rights of way by permit, but will not allow access to their signal equipment or place loops in the pavement. 2.12. The Police Department shall process each potential violation in accordance with State Laws and/or City Ordinances within seven (7) business days of its appearance in the Police Review Queue, using AxsisTM to determine which violations will be issued as Citations or Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.13. City shall provide access to the internet for the purpose of processing violations and adjudications. 2.14. Vendor shall, at no additional cost to the City, provide Police Department / Adjudication workstation computer monitors for citation review and approval which should provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated. 2.15. For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (IT) Department on installation and implementation of the computerized aspects of the program. 2.16. Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by Vendor. 2.17. In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Department and the counterparts at ATS shall coordinate to facilitate appropriate communications access while maintaining required security measures. 2.18. City will waive the cost of permits where Vendor is required to perform work on City structure(s) or property. Page 24 of 31 EXHIBIT "C" MnintPnnnrP 1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti -free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of the agency having maintenance responsibility present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor 4. The provision of all necessary electrical services to the Designated Intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Proj ect Manager each day. Page 25 of 31 EXHIBIT "D" Infraction Processing 1. All Infractions Data shall be stored on the Vendor System; 2. The Vendor System shall process Infractions Data gathered from the Designated Intersection into a format capable of review by the Authorized Employee via the Vendor System; 3. The Vendor shall make the initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 4. The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 5. Vendor shall provide storage capabilities for the City to store infractions identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide the Authorized Employee with access to the Vendor System for the purposes of reviewing the pre-processed Infractions Data within seven (7) days of the gathering of the Infraction Data from the applicable Designated Intersections. 7. The City shall cause the Authorized Employee to review the Infractions Data and to determine whether a Notice of Infraction shall be issued with respect to each Potential Infraction captured within such Infraction Data, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION (A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION DECISION; 8. With respect to each Authorized Infraction, Vendor shall print and mail a Notice of Infraction within seven (7) days after Vendor's receipt of such authorization from the City's Authorized Employee; provided, however, during the Warning Period, warning Infraction notices shall be issued in respect of all Authorized Infractions; 9. Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor Standard Report System. Page 26 of 31 11. Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Infraction, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such format and for such periods as the City may reasonably request, without cost to the City; 12. Upon Vendor's receipt of a written request from the City at least five (5) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, before the City's hearing officer, at no cost to the City; 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. During the Warning Period, Vendor shall implement a public relations program, in coordination with the City and upon City's approval, at no cost to the City in accordance with the elements included in Vendor's proposal dated December 18, 2008. 15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction Form that provides, at a minimum, the following information: a. name and address of the owner of the vehicle involved in the infraction; b. the license plate number and registration number of the vehicle involved in the infraction; c. The make, model, and year of the vehicle; d. Notice that the infraction charged is pursuant to the Ordinance; e. the location of the intersection where the infraction occurred; f. the date and time of the infraction; g. Notice that there are recorded images relating to the vehicle and a statement that the recorded images are evidence of a red zone infraction; h. a copy of the recorded image of the infraction; i. the amount of fee and charges imposed and the date by which the fee and charges must be paid or appealed; j. instructions on all methods of payment for the fee; Page 27 of 31 k. a clear statement of the time limit to file an appeal and describing the procedure for appealing the infraction; 1. a signed statement that the City's Traffic Infraction Review Officer has reviewed and observed the recorded images evidencing the violation of the Ordinance and has found reasonable and probable grounds to believe that an infraction has occurred and can identify the license tag number of the violating vehicle; and, m. a conspicuous statement, printed on larger font than the remaining statements on the Notice of Infraction, and bolded, stating that if the owner of the vehicle fails to pay the civil fee within the time allotted, or fails to timely appeal the infraction, the owner shall be deemed to have waived his or her right to contest the infraction, and has admitted to the infraction reflected in the Notice of Infraction. 16. Vendor agrees that the City shall have the right to review and approve the form Notice of Infraction prior to its use, and that in the event City determines additional information should be included in the Notice of Infraction, Vendor shall modify the Notice of Infraction form, at its sole expense, to comply with those requirements. 17. For any City using ATS lockbox or epayment services, Vendor will establish a demand deposit account bearing the title, "ATS American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account and transferred by wire the first business day of each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wired from U.S. Bank. If desired, Customer will sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved. 18. Vendor is authorized to charge, collect and retain a convenience fee of $4.00 each for electronic payments processed. Such fee is paid for by the violator. Page 28 of 31 Exhibit "E" Additional Rights and Obligations Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the TSCP, as offered in the Vendor's proposal. 2. Vendor shall be solely responsible for installing such Signage as required by the City. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ("Signage"), including, but not limited to, the City and County Ordinances, State Statutes, and Florida Department of Transportation (FDOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the termination of the Warning Period Date, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the TSCP Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 5. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the TSCP. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. In all other instances, such costs shall be solely the Vendor's costs. Page 29 of 31 EXHIBIT "F" Compensation & Pricing Per Paid Fee There will be no charge to City during the Warning Period, and Vendor shall not receive any compensation for any notices sent during the Warning Period. At the conclusion of the Warning Period, and once Notices of Infractions are issued, Vendor shall be compensated as follows: Flat Fee per Month Per Approach (one camera / rear imaging) $4,750 Additional Services Pre -collection Letters Delinquent Collections Service Optional Pricing Descriptions Option B - Per Camera Paid Notices 1st Tier Fee: First 89 paid per month 2nd Tier Fee: Next 90-149 paid per month 3rd Tier Fee: Next 150-249 paid per month 10% of recovered revenue 30% of recovered revenue 4th Tier Fee: All other paid notices per month Option C - Fee Per Paid Citation 3rd Tier Fee: (Additional paid notices per day per camera) 2nd Tier Fee: (Next 2 paid notices per day per camera) 1st Tier Fee: (First paid notice per day per camera) All tiers assume an average across all installed cameras. Page 30 of 31 FEE $47.50 each $27.50 each $17.50 each $10.00 $10(8%) $25(20%) $125(100%) EXHIBIT "G" DMV Subscriber Agreement jamAMEFIGM TraM 39kFfiYFlL - DV Services SubscfiherAgrearna.nt ATS requires that your agency certify the intended Use of the information made available to your agency through our services and that such uses are in compliance vdth the Federal Driver's Privacy Protection Act Title XXXI and other applicable laws gave ring dissemination of public records. Based on your agency:s intended use of such information, ATS will either grant permission to use the service or deny the application_ Please specify any of the following permissible uses under§2721 that apply_ ❑ (1). For use by any government agency, including any court of law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, Mate or local agency in carrying out its functions. ❑ (4) For use in connection wi-h any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self- regulatory body, inducting the service of process, investigation in antiicipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal. Mate, or local court. ❑ (7) For use in providing notice to the owners of towed or impounded vehicles_ ❑ (10) For use in connection with the operation of private Moll transportation facilities. In consideration of ATS making its Services available_ Subscriber agrees to (i) utilize ATS provided data only for the purpose(s) specified above; and (ii) request such information only for the Subscriber's exclusive use in the ordinary course of Sribscriber's business and not for renal e. I certify that I am authorized to execute the Subscriber Use Certification an behalf of the Subscriber listed below. On behalf of such SLIbscri ger, I certify that the above statements are true and correct. Subscriber acknowledges and agrees that ATS may from time to time audit Subscriber's use of ATS's Services to ensure that such use is consistent with the intended uses set forth above and with all applicable laws. This agreement shall be for year(s) commencing on the date below and shall automatically renew annually. This agreement may be terminated vdthin 34 days notice of the anniversary date, annually. SUBSCRIBER INFORMATION Subscriber AgencyfName NLETS Agency CRI Name of Authorized Representative Title of Authored Representative Mailing Address= City I I Stote: ZIP Cade: Telephone: ( ) - Fax { } - Email Signature of Aut'hofized Representative: Dake Signed Page 31 of 31 MEMORANDUM TO: Mayor and City Commissioners FROM: BOB DIAZ, CONSTRUCTION MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: December 3, 2009 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF DECEMBER 8,200 SERVICE AUTHORIZATION NO.06-08/CURRIE SOWARDS AGUILA ARCHITECTS ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization #06-08 to Currie -Sowards - Aguila -Architects in the amount of $20,500.00 for professional design services regarding the replacement of the concession stand and press box building at Little Fenway. BACKGROUND The reconstruction of the Miller Park Facility commenced in March of 2009 and is approximately seventy percent complete to date. When completed in early 2010 patrons will discover improvements that include four new ball fields with sports lighting, a two story concession stand building housing a press box, meeting room and restroom facilities. Additional enhancements include a skinned practice field, pitching wall, batting cages, pitching mounds, pavilion, reconfigured parking lot, irrigation and landscaping. During the design phase, Little Fenway field improvements were limited to the replacement of dugouts, backstop and outfield fencing. Commission recently approved a contract addition to West Construction, Inc for extensive field renovations at Little Fenway. The playing field had developed various hazards to player safety. Enhancements currently underway will include new irrigation, laser grading and sports turf. It was recently discovered that the current condition of the two story wood frame and plywood siding concession stand structure, built in 1975, poses a hazard to patrons. The building's structure has been compromised by structural damage to the wood truss system caused by termites and years of use and weathering. Interior spaces, like the restroom facilities are small, poorly lit and poorly ventilated. In general the facility has exhausted its useful life. A non-destructive survey took place at the request of the City to determine whether it was reasonable to renovate the structure. All recommendations were unanimous to replace the building to current code. As a result, the City procured the attached service authorization for professional design services which includes updated programming of the facility to establish current utilization needs, preparation of alternative proposals for a single story concession facility, preparation of documents sufficient for submittal for SPRAB approval, construction documents sufficient for permitting, bidding and construction of the new facility and construction administration services through final certificate of occupancy. The attached Service Authorization #06-08 includes a renegotiated fee structure as discussed at the December 1 Commission meeting when the item was tabled until December 8. FUNDING SOURCE Funding is proposed from account 334-4173-572-63.90 (General Construction Fund/Parks & Recreation Other Improvements) after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization #06-08 to Currie -Sowards -Aguila -Architects in the amount of $20,500.00 for professional design services for a new Little Fenway Concession building at Miller Park. CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: December 2, 2009 FOR CONSULTING SERVICES CITY P.O #: SERVICE AUTHORIZATION NO. 06-08 CITY PROJECT # 2006-052 CITY EXPENSE CODE: 334-4173-572-63.90 TITLE: Little Fenway Replacement Concession Buildi CSAA # 091101 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement between the City of Delray Beach and Currie Sowards Aguila Architects. I PROJECT DESCRIPTION This project generally consists of preparation of a new schematic design for a new one-story replacement concession building to include men's and women's restrooms, a concession area, a storage room, electrical room, janitor's closet, and an elevated (30") scoring platform area for a total building area of approximately 1,000 square feet. II SCOPE OF SERVICES Architect and other consulting engineers will prepare required documents for approval of layout and program followed by an expedited SPRAB review process. Upon completion, the Architect will prepare permit and construction documents sufficient for bidding, permit, and construction. The Architect will attend meetings with City staff and administer the project during construction. It is assumed that the site area will be generally clean and leveled. The new building will be placed at the same finish floor elevation as the current one. As to landscape and irrigation, we will indicate sod in areas affected by new construction and the Parks Department will connect and adjust irrigation piping and heads as needed to place area in full working order. Therefore, we are excluding all project civil engineering, landscaping, and irrigation services. In addition, the City will provide any required survey information and geotechnical services with foundation recommendation. III BUDGET Services described above will be broken down into three phases of work as follows: 1.Preparation of schematic design - up to three alternatives - and submittal for SPRAB review, will be completed at a lump -sum fee of Three Thousand Five - Hundred Dollars ($3,500.00) and No Cents. 2. Preparation of permit and construction documents will be competed at a lump -sum fee of Fourteen Thousand Dollars ($14,000.00) and No Cents. 3. Construction administration services consisting of a total of eight site visits, review of submittals, responses to RFI's, punch -list and close-out reviews will be completed at a lump -sum fee of Two Thousand Five -Hundred Dollars ($2,500.00) and No Cents. Direct expenses will be in addition and are not anticipated to exceed $500.00. IV COMPLETION DATE It is the desire of the City for the Consultants to complete the services as expeditiously as possible and have agreed on expedited internal reviews for SPRAB and permit. The Consultant will make every effort to assist in this schedule as it is the desire of the City to have the building completed by the spring of 2010. This Service Authorization is approved contingent upon the City=s acceptance of and satisfaction with the completion of services rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH Date: Nelson S. McDuffie, Mayor CURRIE SOWARDS AGUILA ARCHITECTS Date: December 2, 2009 Jose N. Aguila, AIA, Principal (Seal) Attest: Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged Before me this 19 Day of November,2009 by Jose N. Aguila, of Currie Sowards Aguila Architects, a professional Association. He is personally known to me and did not take an oath. Notary Public My Commission Expires: SEAL MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 1, 2009 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF DECEMBER 8,200 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The terms for regular members, Mr. Sinam Al-Khafaji, Mr. Walter Earley, Mr. Joseph Ingram and Mr. Shelly Weil, will expire on December 13, 2009. Mr. Earley and Mr. Ingram will have served one (1) full term, are eligible and would like to be considered for reappointment. Mr. Al-Khafaji will have served one (1) full term and would not like to be considered for reappointment. Mr. Weil will have served two (2) full terms and is not eligible for reappointment. Secondly, Mr. Jose Herrera verbally resigned on November 25, 2009. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 31, 2010. Appointments are needed for four (4) regular members to serve two (2) year terms ending July 31, 2011, and one (1) regular member to serve an unexpired term ending July 31, 2010. The appointments should be made for terms ending July 31st, to comply with the expiration date required in the City Code. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1) for four (4) regular members to serve two (2) year terms ending July 31, 2011, and Commissioner Fetzer (Seat #2) for one (1) regular member to serve an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of four (4) regular members to serve two (2) year terms ending July 31, 2011 and one (1) regular member to serve an unexpired term ending July 31, 2010. City of Delray Beach Police Advisory Board — Applicants Exhibit "A" 1. Annie Adkins Roof Resident/Business Owner 2. Wyana Claxton Resident/Business Owner 3. Margherita Downey Resident/Business Owner 4. Walter Earley Incumbent Resident 5. Laura Fenoglio Resident 6. Carl Forrest Resident 7. David Gold Resident/Business Owner 8. Mercatur Guerrier Haitian Resident 9. John Hallahan Resident 10. Matthew Hartley Resident 11. Joseph Ingram Incumbent Resident 12. Allen Kilik Resident 13. Ellen Major Hanna African American Resident 14. George Maso Resident 15. Matthew Monahan Resident 16. Kathy Shackman Resident 17. Brian Smith Resident 18. Edith Thompson Resident 19. Abbey Weiss Resident POLICE ADVISORY BOARD 11/09 TERM EXPIRES NAME & ADDRESS 12/13/09 Sinam Al-Khafaji Appt 01/15/08 07/31/10 Annette Annechild, Vice Chair AW 12/13/05 Rea 12/09/08 07/31/10 Samuel Menard Unexp Appt 07/01/08 Req" l2/09/08 07/31/10 Victor Kirson Unexp AW 07/07/09 12/13/09 Walter Earley AW 01/03/08 07/31/11 Regine Celestin Unexp Appt 09/03/08 Appt 07/07/09 (Student) 07/31/11 Jason Dollard Unexp AW 09/03/08 AW 07/07/09 07/31/10 Unexp Apps Vacant 12/13/09 Joseph Ingram Jr. AW 01/03/08 07/31/10 John Jackson Appt 12/13/05 Rea 12/09/08 07/31/10 Brittany Smith Unexp Appt 09/10/09 (Student) 07/31/10 Mr. Jeff Ritter Unexp Appt 11/03/09 12/13/09 Shelly Weil, Chair Appt 01/17/06 ReapptOl/03/08 Contact: Venice Cobb 243-7056 S/City©erk/Board 09/Pohce AdvisoryBoard MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 1, 2009 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND There is a vacancy in Zone 2 due to the resignation of Ms. Jennifer Witt. Please see the resignation letter attached. This is for an unexpired term ending October 31, 2010. However, the appointment should be made for an unexpired term ending July 31, 2011 to comply with the expiration date required in the City Code. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individual has submitted an application for consideration: Applicant -Zone 2 Laura Reines Subdivision Lake View A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and she is registered. Based on the rotation system, the appointment will be made by Commissioner Gray (Zone 2) for one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2010. J�w�� fir L. V�1�tt 5024 SOu.tl� chr�st�e C�rc�e DeLrcl� geG(cl ' �L 33-Q gam{ evtwwitt oOMr-'ast.K,et November 17, 2008 Dear Jennifer: With regret, please accept this letter as notice to my withdrawal from my position on the Neighborhood Advisory Committee. Unfortunately, due to a hectic and unpredictable work schedule, plus numerous after hour events, maintaining this commitment has become impossible. I thoroughly enjoyed myself involvement thus far, and remain thankful for the opportunity. I look forward to participating in another similar capacity in the future. Thank you for your time, it was a pleasure working with you. Sincerely, Jennifer L. Witt Jennifer Witt 10/09 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph, Vice Chair Unexp A" 08/21/07 Rea 10/16/07 07/31/10 Zone 2 Vacant 10/31/10 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Rea 10/16/07 10/31/10 Zone 4 Harold Van Amem AW 10/16/07 07/31/11 Zone 5 Gail -Lee McDermott Unexp 03/03/08 Reappt10/07/08 07/31/11 Zone 6 Linda Prior Unexp Appt 02/20/07 Reappt10/07/08 07/31/11 Zone 1 Mr. Sal Cherch Unexp AW 08/18/09 07/31/11 Zone 2 NIar)Elizabeth Cohn Appt 10/21/08 07/31/12 Zone 3 Shirl Fields Appt 10/17/06 Rea 10/06/09 07/31/12 Zone 4 Isabel Make Unexp AW 10/20/09 07/31/12 Zone 5 NlatthewHartley AW 10/17/06 Rea 10/06/09 07/31/12 Zone 6 Joseph Kamarata, Chair AW 10/17/06 Rea 10/06/09 07/31/11 At Large WilliamNlilner UmT AW 02/03/09 Representative 07/31/11 At Large Patricia Westall Unexp Appt 04/19/05 Representative Reappt10/25/05 Rea 10/07/08 07/31/12 At Large Marghenta Downey AW 10/06/09 Representative 07/31/10 Student Vacant 07/31/10 Student Vacant Board 09/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - ON' CIlYOF DaAAY8F4CK R- AlAAKWG 6 ZoNwG DfPARrmEwT WRCH 2OW " ONE w!k --MrfAL9&SEuIPSYSJBI-- GRAVFpC SCALE MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 2, 2009 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 ORDINANCE NO. 60-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. BACKGROUND At the first reading on November 17, 2009, the Commission passed Ordinance No. 60-09. For second reading at the December 1, 2009 meeting, the Commission tabled the item until the December 8 meeting. The attached Ordinance includes the cap on the potential millage rate for the Chatelaine Neighborhood Improvement District at one (1) mil. Attached for your information is a letter from the Chatelaine Homeowner's Association that includes a breakdown of the maintenance costs (landscape, electricity, water, etc.). This total budget would require a tax of less than 0.5 mills. If you only funded the irrigation and electric costs with the tax as was suggested by one resident at the public hearing it would be about 0.1 mills. RECOMMENDATION Commission discretion. AN ORDINANCE OF THE CITY COMlV1ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF THE CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, IN ACCORDANCE WITH SECTION 163.506, FLORIDA STATUTES; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE DELRAY BEACH CITY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING AUTHORIZATION FOR THE DISTRICT TO LEVY AN AD VALOREM TAX ON REAL AND PERSONAL PROPERTY OF UP TO ONE MILL ANNUALLY; PROVIDING AUTHORIZATION FOR DISTRICT USE OF SPECIAL ASSE SSME NTS PURSUANT TO SECTION 163.514, FLORIDA STATUTES; PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMISSION BY RESCINDING THE ORDINANCE; PROVIDING FOR THE CODIFICATION OF SECTION 2 OF THIS ORDINANCE AS A NEW ARTICLE 8.7, "CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, existing physical and landscaping elements within the Chatelaine Neighborhood area can be considered as having a crime to -environment relationship; and, WHEREAS, residents of the Chatelaine Neighborhood area believe that the creation of the Chatelaine Local Government Neighborhood Improvement District ("the District") will promote the health, safety and general wElfare of the residents of the District, stabilize the neighborhood and enhance the desire to live in the area, and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board revieAud the proposed text amendment at a public hearing held on November 16, 2009 and voted 0 to 7 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, did not make the determination that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan, and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report, and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONMSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 8.7, "Chatelaine Local Government Neighborhood Improvement District", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: ARTICLE 8.7 CHATELAINE LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT Section 8.7.1 Chatelaine Local Government Neighborhood Improvement District: (A) Creation: A Local Government Neighborhood Improvement District, to be known as the Chatelaine Local Government Neighborhood Improvement District (the "District"), is hereby created pursuant to Section 163.506 Florida Statutes, to include an area of approximately 50.12 acres described as Blocks 1 thru 8, inclusive, and all of that part of Parcel "A" lig south of a line running from the Northeast corner of Lot 26, Block 8, to the NorthInest corner of Lot 52, Block 1, Plat No. 1 of Chatelaine, according to the Plat thereof, as recorded in Plat Book 29, at Pages 94 and 95, of the Public records of Palm Beach County, Florida, is hereby created A map of the above area is attached as exhibit "A' . (B) Designation of Board of Directors: The Delray Beach City Commission is hereby designated as the Board of Directors of the District. (C) Utilization of Tax or Special Assessment: The District is hereby authorized to levy an ad valorem tax on real and personal property of W to one mill annually, to support planning and implementation of District improvements. The District is hereby authorized to use special assessments, pursuant to Section 163.514(16), Florida Statutes, to support planninu and lementation of District improvements. (D) Authority to Uply for and Receive a Planning Grant: The Chatelaine Local Government Neighborhood Improvement District created herein is hereby authorized to apply for and receive a planning grant from the Department of Legal Affairs. (E) Establishment of an Advisory Council: An Advisor,: Council is hereby established for the Chatelaine Local Government Neighborhood Improvement District. The Advisory Council shall be composed of no fewer than five (5) and no more than seven Q members who shall be both owners of real property located in the District and residents of the District. The 2 ORD. NO. 60-09 prescribed by the Board of Directors and shall submit within the time period specified by the Board of Directors, a report on the District's proposed activities and a proposed budget to accomplish the District's objectives. (F) Prohibition of Power: The City Commission of the City of Delray Beach may prohibit the use of any district power authorized by Florida Statute Section 163.514. (G) Dissolution of the District: The District maybe dissolved by the QV Commission of the Uty of Delray Beach by rescinding the ordinance creating the District. The Uty Commission shall consider rescinding the ordinance if presented with a petition containing the signatures of sixty (60) percent of the residents of the District. Section 3. That upon the adoption of this ordinance, the Department of Legal Affairs and the Department of Community Affairs shall be notified within 30 days, in writing, of the establishment of the District, pursuant to Florida Statute Section 163.5055. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD. NO. 60-09 Exhibit A m'M a H16Z "M'N a 3 3AI�17= z ¢ ¢ � 3 ❑ ❑ n o Lf. w '3Atl H10£ MN z ❑ � s Q ❑ ❑ ❑ 7i Z z O '-IAV IS l£ "M'N m J sa z J N 3 ONZ£ 'M "N z ¢ O avM m 30N3aMVI EEI [El [FEI W U 1b NVO HIL£ 'M'N 1NVAV1 30V�d z z Q U UI F / W NZ 3nlaa r = EAST P LE W m m 3 3 o J W W z 3 z z J J_ D � EE,ZL O C O H16£ M'N W } < i Q IT] — w Q O ElEl = O J z J LEI LEI Ij L -Li Ell Tp ?J3MOldNf1S 3' FF1 ELIFFY�� = O Q a o W = Z a a a 153M Q) m ' W n Z � f PLACE 3 > Z m W WEST z z z Z W m ¢ 3nN3AV a m 1NOvgnVH0 A 0 1 m H v e LLJ QICc Q�mCL qH19v'M mV H19b® a Chatelaine Homeowners League 3400 Place Valencay Delray Beach, Florida 33445 July 17, 2009 Mr. David Harden, City Manager City of Delray Beach 100 N.W. 1 st Ave. Delray Beach, Florida 33444 RE: Request for Interim Funds for Chatelaine Common Area Maintenance Dear Mr. Harden; RECEIVED AIL 20 2009 QT y MANAGER As per our discussion today, this is a formal request for interim funds of $10,720 for the maintenance of the STT projects in Chatelaine. The neighborhood is in the process of establishing a special taxing district in order to have sustained funding for the neighborhood common areas installed by the city. The special district would take effect in Fiscal Year 2011. These funds are needed from now until the taxing district process is in place and adequate funds could be collected from the homeowners. The Chatelaine Board of Directors feels this request is justified as it is in support of the city's significant investment 6f over half a million dollars for the Strategic Task Team (STT) improvement projects in our neighborhood. There are no mandatory homeowner dues which presents funding challenges to our budget. The special district would be the vehicle to meet our challenges. The budget for the $10, 720 for our expenses is as follows: Landscape Maintenance Electricity Water Repairs/Replacements Clean Up/Chemicals Incorporation Fees $ 550 per month x 12 85 150 50 50 $ 6600 / year 1020 1800 600 600 100 $10,720 Your cooperation in this matter is greatly appreciated by the residents of the Chatelaine development. Please contact me anytime at (561) 865-7512. incerely, �� Ja e Kmg, President Page I of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: November 13, 2009 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF NOVEMBER 17, 2009 ORDINANCE NO. 60-09 ITEM BEFORE COMMISSION Consideration of a City -initiated amendment to the Land Development Regulations that will create the Chatelaine Local Government Neighborhood Improvement District. BACKGROUND On October 6, 2009, the City Commission approved an ordinance authorizing the creation of local government neighborhood improvement districts as identified under Fla. Statute 163.506. This allowed individual districts to then be created by separate ordinances. Such ordinances would include the boundaries, size and name of the district, establish governing procedures, authorize the district to receive planning grants from the state, and allow the local government to levy an ad valorem tax on real and personal property up to 2 mills annually for implementation of associated district improvements. The creation of one such specific district for the Chatelaine subdivision is now before the Commission for consideration. The creation of a neighborhood improvement district is proposed to address a unique situation currently experienced by the Chatelaine subdivision. In 2008, the City finished installation of $150,000 of improvements associated with a Strategic Task Team neighborhood action plan for the Chatelaine subdivision. These improvements included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other traffic calming features, including chicanes and speed humps. These improvements were maintained by the City for the first year and then landscaping and signage became the maintenance responsibility of the neighborhood. This neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues. The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance obligation, which is estimated to be approximately $10,000 annually. Representatives from the association have now turned to the City for help. As it would be inappropriate for the City to assume maintenance of these types of improvements within individual neighborhoods, the City has explored alternatives including the creation of neighborhood improvement districts which could assess ad valorem taxes to fund upkeep of neighborhood http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2823 &MeetingID=225 11/19/2009 Page 2 of 2 improvements. Ordinance Highlights 1. A neighborhood improvement district will be created that will cover 50.12 acres consisting of single family residences. This will include the entire Chatelaine single family subdivision consisting of 201 individual single family residential lots. 2. Would allow up to 2 mills ad valorem tax to be levied annually on real and personal property. We may recommend a reduction in this millage cap at second reading and public hearing based on the anticipated budget for the district which we expect to receive shortly after first readintg. The actual levy amount will be determined based on improvements and/or activities (maintenance) and their associated budget as determined by the Board of Directors, with input from the advisory council. 3. The District will be authorized to apply for and receive a planning grant from the Department of Legal Affairs. 4. An advisory council will be formed with no less than 5 or more than 7 members that must own real property as well as reside in the District. 5. The Ordinance includes a location map as well as a copy of the subdivision plat. REVIEW BY OTHERS The text amendment will be considered by the Planning and Zoningoard on November 16, 2009 and their recommendation will be reported to the City Commission. RECOMMENDATION Recommend approval on first reading of Ordinance No. 60-09 for a City -initiated amendment to the City of Delray Beach Code of Ordinances, by adopting the findings of fact and law contained in the staff report, finding that it is consistent with the Comprehensive Plan, and that it is consistent with F.S. 163.360. http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2823 &MeetingID=225 11/19/2009 14 7 T F - A T T E .. 37 p �7 —�"• - A-V ElI #FA ViI�}M--Y - I N Iq { 1SrfEs s 2•�s� A r f . fI{If � a -1 - . _ ■.� � m 1 f� s Ilkk OR $ n €T�; =ap'a � L.W. 7. G. 6 0. KA L li 0. S � 3� _ f � I f am P� ❑ E L R A Y S H R f 5 1 S T A D D- P. 8. 2 B P 9 R 7 N Iq { 1SrfEs s 2•�s� A r f . MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: December 2, 2009 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF DECEMBER 8, 2009 ORDINANCE NO. 61-09 ITEM BEFORE COMMISSION Consider amending Chapter 53, Sanitary Sewers, of the Code of Ordinances to comply with the new local discharge limits approved by the Florida Department of Environmental Protection (FDEP) for the South Central Regional Wastewater Treatment Plant (SCRWTP). BACKGROUND The local discharge limits for the SCRWTP were re-evaluated in the Spring of 2009. The new limits were approved in June 2009. Subsequently, the City revised its Sewer Use Ordinance to reflect the new limits as well as modifying other sections as recommended by FDEP. The draft proposal met the requirements of Chapter 62-625 of the Florida Administrative Code, per letter of June 27, 2009 from FDEP. These amendments must now be adopted into the City's Sewer Use Ordinance. The new discharge limits are listed below: City of Delray Beach Utilities Discharge Limits Parameter ew Limit _ Metals Arsenic 1.14m�/1 Cadmium 0.93 m /1 94 t"g4 Chromium—Total 14.49 mg4 17.97 m /1 Copper 17.59 m /1 Lead 1.76 rn /1 Mercury 0.45 rn /1 Molybdenum 1.48 41 2.50 mg/1 Nickel 5.37 m /1 Selenium 1 2.96 mg/1 Silver 4.49 in /I inc 2.28 mg/1 Inorganics Chloride 645m /I Cyanide 1.72 in //I ttabie Ph 5-5- 9.5 std. units Organics CBOD (surcharge) 900 400/700 *m /1 COD (surcharge) 800/1500*mg/1 Oil and grease 100/240* mg/1 Petroleum hydrocarbons 25 mg/1 Phenol 5.0 mg/1 Total Toxic Organics 5 mg/1 No 1 > 1.0 mg/l TSS (surcharge) 400/500 *mg/1 Particle size < 1/2" Radioactive elements Are prohibited Temperature 150 deg. F *Lower surcharge limit/upper Local Limit subject to enforcement actions. In addition, amendments were also made to the following sections: . Section 53.004, "Abbreviations; Definitions", to clarify certain terms. • Section 53.051, "Prohibited Discharges to Sewers", providing a change in certain discharge limits (as listed above) and adding a provision for affirmative defenses. . Enacting Section 53.068, "Notice of Violation/Repeat Sampling and Reporting", to provide for a notice of violation and a repeat sampling procedure. *Amending Section 53.084, "Analytical Requirements" to add references to the Florida Administrative Code. . Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection (g), "Calculation of Sewer Surcharge", to modify the local limits. • Section 53.150, "Notification of Violations; Consent Orders" by enacting subsection (c), "Compliance Orders" and subsection (d), "Cease and Desist Orders". • Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting subsection (c), "Prohibited Discharge Standards", in order to comply with changes in state and federal law. REVIEW BY OTHERS South Central Regional Wastewater Treatment Plant has reviewed and approved the amendments to the City's Sewer Use Ordinance at their October 151h, 2009 meeting. RECOMMENDATION Staff recommends approval on the first reading of Ordinance No. 61-09 for the FDEP initiated amendments to the City's Sewer Use Ordinance, Chapter 53 Sanitary Sewers, for complying with the revised local discharge limits set at the SCRWTP and satisfying the requirements of Chapter 62-625 of the Florida Administrative Code. ORDINANCE NO. 61-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.004, "ABBREVIATIONS; DEFINITIONS", TO CLARIFY CERTAIN TERMS; AMENDING SECTION 53.051, "PROHIBITED DISCHARGES TO SEWERS", PROVIDING A CHANGE IN CERTAIN DISCHARGE LIMITS AND ADDING A PROVISION FOR AFFIRMATIVE DEFENSES; ENACTING SECTION 53.068, "NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING", TO PROVIDE FOR A NOTICE OF VIOLATION AND A REPEAT SAMPLING PROCEDURE; AMENDING SECTION 53.084, "ANALYTICAL REQUIREMENTS" TO ADD REFERENCES TO THE FLORIDA ADMINISTRATIVE CODE; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION (G), "CALCULATION OF SEWER SURCHARGE", TO MODIFY THE LOCAL LIMITS; AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS" BY ENACTING SUBSECTION (C), "COMPLIANCE ORDERS", AND SUBSECTION (D), "CEASE AND DESIST ORDERS'; AMENDING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION", BY ENACTING SUBSECTION (C), "PROHIBITED DISCHARGE STANDARDS", IN ORDER TO COMPLY WITH CHANGES IN STATE AND FEDERAL LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to changes in State and Federal law governing the handling of wastewater, and in order to comply with the changes, the City Commission hereby desires to make changes in the City's ordinances in order to comply with State and Federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending/enacting certain abbreviations/definitions of Section 53.004, "Abbreviations; Definitions", to read as follows: Sec. 53.004. ABBREVIATIONS; DEFINITIONS. (A) The following abbreviations shall have the designated meanings: Ord No. 61-09 TTO. Total Toxic Organic. (B) The following terms, or phrases, shall have the designated meanings: Grab sample. A sample which is taken from a waste stream ^r a ere time basis with no regard to the flow in the waste stream and .r.ithe,,+ eenside f., io of 6 over a period of time not to exceed fifteen (15) minutes. TTO (Total Toxic Organics). Which is the summation of all quantifiable values greater than 0.01 milligrams per liter for the toxic organics listed under 40 CFR 433.11. Section 3. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.051, "Prohibited Discharges to Sewers", to read as follows: Sec. 53.051. PROHIBITED DISCHARGES TO SEWERS. (A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other national, State, or local pretreatment standards or requirements. (B) Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at subsection 53.051(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard, including, but not limited to, waste streams with a closed -cup flashpoint of less than 140°F (60°C) using test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than -5-0 5_5, or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4) Pollutants, including oxygen -demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference; (5) Wastewater having a temperature greater than 150° (65°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case Ord No. 61-09 wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C); (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral -oil origin, in amounts that will cause interference or pass through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; (8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; (11) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (12) Sludges, screenings, or other residues from pretreatment of industrial wastes; (13) Medical wastes, except as specifically authorized by the City in a wastewater discharge permit; (14) Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; (16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or greases, whether emulsified or not, in concentrations in excess of one hundred (100) mg/l or substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit (zero (0) degrees Celsius and sixty-five (65) degrees Celsius),unless the user is approved by the City and provided further that the user complies with the requirements of the City's high-strength sewer surcharge system. Ord No. 61-09 (C) The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403.5). Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D) Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the sanitary sewer and are hereby listed as follows: City of Delray Beach Utilities Discharge Limits Parameter New Limit Metals --I1 Arsenic.nom 1.14m /1 Cadmium 4.494ng4 0.93 mg/l c -effl ,,,,, uo .,rale ftt n Chromium—Total �1 17.97 m/1 Copper 16.3 9 wig4 17.59 mg/l Ifeff 1 Lead 4-. 4 1.76 m/1 Mercury 0.77 mg4 0.45 mg/l Molybdenum 1.nil 2.50 mg/l Nickel 0.95 ffig4 .5.37 mg/l Selenium 2.96 mg/l Silver —2- - � 4.49 in /1 Zinc n.° 2.28 mg/l Inorganics Chloride 4444Hg4 645mg/l Cyanide 1.72 m/�/1 f n Ph 5-5- 9.5 std. units Organics Ord No. 61-09 CBOD (surcharge) 5 400/700 *mg/l COD (surcharge) 1000 800/1500*mg/l Oil and grease 5 100/240* mg/1 Petroleum hydrocarbons 25 mg/1 Phenol 5.0 mg/1 Total Toxic Organics 5 mg/1 No I> 1.0 mg/1 TSS (surcharge) 400/500 *mg/1 Particle size < 1/2" Radioactive elements Are prohibited Temperature 150 deg_F *Lower surcharge limit/upper Local Limit subject to enforcement actions. Section 4. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by enacting Section 53.068, "Notice of Violation/Repeat Sampling and Reporting", to read as follows: Sec 53.068. NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING If samblini! berformed by a user indicates a violation_ the user must notifv the Director within twentv-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director with thirty (30) days after becoming aware of the violation. The user is not required to resample if the Director monitor's at the user's facility at least once a month. or if the Director sambles between the user's initial samblina and when the user receives the results of this samplin Section 5. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.084, "Analytical Requirements", to read as follows: Sec. 53.084. ANALYTICAL REQUIREMENTS All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 , Chapter 62-160 F.A.C. and 62-625.600 (1) (E), F.A.C. does not contain sampling or analytical Ord No. 61-09 techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Section 6. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection (G), "Calculation of Sewer Surcharge", to read as follows: (G) Calculation of Sewer Surcharge. (1) Calculation of the sewer surcharge shall be in accordance with the following: Local limits (allowable strength) reference at South Central Regional Wastewater Treatment and Disposal Board. Parameter Percent of Effect on Costs Allowable Level of Sewage Strength Upper Limits subject to enforcement actions CBOD 41 X00 400 mg/l (ppm) 700 m /l TSS 15 -540 400 mg/l (ppm) 500m /l Ammonia 44— inn ,, g (PPM) COD 41 4 00 800 mg/l (ppm) 1500m /l Oil/Grease 41 2-50 100 mg/l (ppm) 1240 mg/1 Let: F = F1 + F2 + F3 -+44 Where: F = The factor to multiply the sewer rate for a surcharge due to excess strengths F1 = The strength factor for BOD or COD, whichever is higher. F2 = The strength factor for TSS (total suspended solids) E4 F3= The strength factor for oil/grease. Ord No. 61-09 (2) The surcharge will be added to the sewer commodity charge to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer commodity charge and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of one thousand (400,000 1,000) gallons; COD of one thousand two hundred (1,200) mg/1; BOD of one thousand (1,000) mg/1; total suspended solids of two thousand (2,000) mg/1; a a .,+ two htm -e i200mg/!; oil/grease at five hundred (500) mg/1; prevailing monthly sewer commodity charge is one dollar ninety-seven cents ($1.97) per one thousand (1,000) gallons: (a) Sewer Commodity Charge. $1.97/1,000 gallons (100,000 gallons per month) _ $197/month (b) Sewer Surcharge Calculation. F1 = — 800 (1,200-800)/800 = 0.21 "' " " ' 11 (2,000--400)/400 = 1 • 11 " " " " '.4 4 (500--100)1100 • F= 0.574=0.T51nni tenni —1940.21+0.6+1.6=2.41 (c) Total Monthly Charge (Sewer Commodity Charge Plus Surcharge): $197/month + $197/month 044} kZAU = $5 5 9.45 671.77 Section 7. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.150, "Notification of Violations; Consent Orders", by enacting Subsection (C), "Compliance Orders" and Subsection (D), "Cease and Desist Orders", to read as follows: (C) Comnhance Orders When the Director finds that a user has violated _ or continues to violate_ anv brovision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement ,the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time period, sewer may be disconnected unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not to extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Ord No. 61-09 Issuance of a compliance order shall not be a bar against, or prerequisite for, taking any other action against the user. Cease and Desist Orders When the Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or an.. o�pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violation and directing the user: A. Immediatelyply with all requirements: and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be bar against, or a prerequisite for, taking any other action against the user. Section 8. That Chapter 53, "Sanitary Sewers", of the Code of Ordinances is amended by amending Section 53.155, "Affirmative Defenses to Discharge Violation", by enacting Subsection (C), "Prohibited Discharge Standard" to read as follows: (C) Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 53.051 (A) of this ordinance or the specific prohibitions in Section 53.051(B) (1) through 53.051 (B) (16) of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during the pass through or interference :or B. No local limit exist, but the discharge did not change substantially in nature or constituents from the user's prior discharge when (the City) was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Ord No. 61-09 Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. MAYOR ATTEST City Clerk First Reading Second Reading Ord No. 61-09 City Of Delray Beach Department of Environmental Services M E M O R A N D U M tmmmydelraybeach.com TO: BRIAN SHUTT, CITY ATTORNEY FROM: PAUL H DECAROLIS, IPP/BF INSPECTOR SUBJECT: SEWER USE ORDINANCE DATE: October 16, 2009 The SCRWTB Board approved our Sewer Use Ordinance last night at their meeting. The City will now have to adopt the updated ordinance which was preliminarily approved by DEP on July 27, 2009 (See Attach Letter). The new changes are all highlighted in blue and attachment A&B (Enclosed) will let you know what section of the Ordinance to find the new changes. Also, enclosed is EPA Model Pretreatment Ordinance that I crossed reference for the new changes. Also, see attach letter from DEP that states that we submit the program modification to the Department by December 18, 2009. If you have questions, please feel free to call me at 7302. /pd Cc Richard C. Hasko, P.E., Dir. of ESD Victor Majtenyi, Deputy Director of Public U�les Scott Solomon, Manager of WIS Network Pile: Audit 09 July 27, 2009 Mr. Willie Williams Florida Department oCharlie Crist �� Governor Environmental Protection �5���7g� , Ieff Kottkamg 'mrd t.t. Governor Bob Martinez Center 2600 Blair Stone Road Michael W. sole Tallahassee, Florida 32399-2400 Secretary Pretreatment Coordinator South Central Regional Wastewater Treatment and Disposal Board 1801 N Congress Avenue Delray Beach, Florida 33445 Re: South Central Regional Wastewater Treatment and Disposal Board Sewer Use Ordinance and Multijurisdictional Agreement Permit Number FL0035980 Dear Mr. Williams: The Department of Environmental Protection (Department) has reviewed the draft sewer use ordinances (SUOs) of the Cities of Delray Beach and Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board's draft multijurisdictional agreement (MJA) with the Cities of Delray Beach and Boynton Beach, received July 20. Based on the Department's review, the SUOs. and MJA were determined to satisfy the requirements of Chapter 62-625, Florida Administrative Code. Therefore, the SUOs and MJA are preliminarily approved, contingent upon addressing the issues listed below. There is a typographical error in Section 53,004 of the SUO for the City of Delray Beach regarding the definition of total toxic organics. This section of the SUO should list total toxic organics as "TTO", not "TTT Please revise this section accordingly prior to adopting the SUO. There is also a typographical error listed under Part 30.A of the MJA. This section should read "...permitted byeg mineral law", not permitted byeg neral law. Please revise this section accordingly. Please provide the Department with the anticipated date of adoption by August 24. if you have any questions regarding this correspondence, or need any assistance, please contact Hsiang Yu Chou- Hoofman or me at the letterhead address, or at (850) 245-8605. Sincerely, Dawn K. Templin, P.E. Pretreatment Coordinator DKT/ hch cc: Tim Powell, P.E., DEP Southeast District Office Robert J. Hagel, SCRWTB Dennis Coates, SCRWTB Rene Mathews, P.E., Mathews Consulting, hic. ;tilore Protection. Less Process" August 11, 2009 Mr. Willie Williams Pretreatment Coordinator Florida Department of Environmental Protection _Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 South Central Regional Wastewater Treatment and Disposal Board 1801 N Congress Avenue Delray Beach, Florida 33445 Re: South Central Regional Wastewater Treatment and Disposal Board Sewer Use Ordinance and Multijurisdictional Agreement Permit Number FL0035980 Dear Mr. Williams: . Agenda Item A `nL-CEs\€• j7 Charlie Crist Governor j v Rwffl f teff k"ottl:ain�� :. Governor The Department of Environmental Protection (Department) has reviewed the South Central Regional Wastewater Treatment and Disposal Board's (Board) anticipated schedule of adoption for the sewer use ordinances of the Cities of Delray Beach and Boynton Beach, and the Board's multijurisdictional agreement with the Cities of Delray Beach and Boynton Beach, received August 10. Please abide by the schedule specified in the Board's letter and submit the program modification to the Department by December 18. If you have any questions regarding this correspondence, or need any assistance, please contact Hsiang -Yu Chou-Hoofman or me at the letterhead address, or at (850) 245-8605. Sincerely, Dawn K. Templin, P.E. Pretreatment Coordinator DKT/ hch cc: Tim Powell, P.E., DEP Southeast District Office Robert J. Hagel, SCRWTB Dennis Coates, SCRWTB Rene Mathews, P.E., Mathews Consulting, Inc. DELRAY BEACH F i o e i o w bftd All•America City 10 1993 2001 M HE III A yr � W i ��3-�` F�� 100 NAY. ist AVENUE Dennis Coates, Executive Director South Central Regional Wastewater Treatment Plant 1801 North Congress Ave Delray Beach, FL 33445 DELSN7' BEACH, FLORIDA 33444 August 12, 2008 PRETREATMENT PROGRAM AUDIT PERMIT NUMBER FL0035980 Dear Mr, Dennis Coates: 5641243-7000 This letter is in response to the above reference audit that took place on April 23, 2008. The following is a break down of corrective measures that we addressed from Department of Environmental Protection letter of July 14, 2008. DEP CONCERNS CORRECTIVE ACTION TIME TABLE Attachment A Industrial Control Micronized will be closing as of SCRWTDB will update all Mechanisms section 1 a&b. 8131108. We will update all permits to reflect rule when permits to reflect this rule 62- permits are reissued this year. 625.500 (2)(a)2, F.A.C. Attachment A-IndustrialControl Will correct typographical SCRWTDB will update permit Mechanisms section 2 errors in Waste Management when the permit is reissued Permit. this year. Attachment A Enforcement Please read ERP section D City of Delray sees no reason Response Plan, Question 1. types of violation. The plan to adopt changes if the plan already goes over this in great explains how we investigate detail. instances of noncompliance. Attachment A Enforcement Please read section E, City of Delray sees no reason Response Plan, Question 2. Enforcement actions steps 1 to to adopt changes if the plan 6. Also see our matrix in explains how we describe section B on time periods types of iu's enforcement and within response takes place. time tables. Enforcement Response Plan City of Boynton Beach has a Will submit with letter. for the City of Boynton Beach. current response plan. Attachment B Sewer use Will change definition to reflect Will make changes to Ordinance. Grab sample new definition of grab sample. ordinance upon completion of definition checklist 1.4, our local limit study. Attachment B Sewer use Will update ordinance with Will make changes to Ordinance. Permit appeals section on permit appeals. ordinance upon completion of checklist 5.3. our local limit study. ERVICF ` PERFORMANCE " YNTEGRITY ° RE5PONSIRLE ° INNOVATIVE ° TEAMWORK DEP CONCERNS CORRECTIVE ACTION TABLE Attachment B Sewer use Will update ordinance with Will make changes to Ordinance. 24 Hour notification section on 24 hour notice. ordinance upon completion of of becoming aware of a our local limit study. violation checklist 6.8. Attachment B Sewer use Also City of Boynton Beach will City of Boynton Beach will Ordinance. 24 Hour notification update ordinance with section make changes to ordinance of becoming aware of a on 24 hour notice. upon completion of our local violation checklist 6.8. limit study. Attachment B Sewer use Will update ordinance on new Will make changes to Ordinance. Change rule on on sample collection. ordinance upon completion of regards to sample collection our local limit study. checklist 6.10. Attachment B Sewer use Please see section of City of City of Delray sees no reason Ordinance. Enforcement Delray Beach Ordinance to adopt changes if ordinance remedies checklist 10. 53.141 and section 53.150 covers enforcement remedies in those sections. Attachment B Sewer use Pleas see section of City of City of Boynton Beach sees no Ordinance. Enforcement Boynton Beach Ordinance 26- reason to adopt changes if remedies checklist 10. 176. ordinance covers enforcement remedies in that sections. Attachment B Sewer use Will update ordinance with Will make changes to Ordinance. Remedies section on Remedies ordinance upon completion of Nonexclusive checklist 11.4. Nonexclusive. our local limit study. Attachment B Sewer use Please see section of City of City of Delray sees no reason Ordinance. Prohibited Delray Beach Ordinance to adopt changes if ordinance Discharge Standards checklist 53.155 covers Discharge standards. 13.2. Attachment B Sewer use Will add to City of Boynton City of Boynton Beach will Ordinance. Prohibited Beach Ordinance. make changes to ordinance Discharge Standards checklist upon completion -of our local 13.2. limit stud Y. If you have questions, please feel free to call me at (561)243-7302. SjLtce� �_ Paul H. DeCarolis IPP/BF Inspector /Pd Enc: Attachments: ERP,©rdinance cc: Richard Hasko, P.E., Dlr. of Environmental Services Victor Maitenyl, Deputy Direct of Public Utilities Scott Solomon, Manager of Water and Sewer Willie Williams, Pretreatment Coordinator Eugene Tarver, IPP/BF Inspector Arsenio Ellzondo, Environmental Inspector File: DEPAUDIT 2008 Environmental Protection Jeff Kottkamp Lt. Governor Bob Martinez Center 2600 Blair Stone Road 1lichael ecretary Sole Sec Tallahassee, Florida 32399-2400 July 14, 2008 Mr. Willie Williams Pretreatment Coordinator South Central Regional Wastewater Treatment and Disposal Board 1809 North Congress Ave. Delray Beach, FL 33445 Re: South Central Regional Wastewater Treatment and Disposal Board Pretreatment Program Audit Permit Number FL0036980 Dear Mr, Williams: rotection On April 23, the Florida Department of Environmental astewater TD altment and Disposal Board (Board) pretreatment program audit (PPA) of the South Central Regional W pretreatment program. The purpose of the PPA herequirements oevaluate the effeChactiveness 62 62of the program in controlling industrial discharges and in meeting t ida Administrative Code (F.A.C.). es The PPA consisted of the standard program eInterview; d Mic Micronized Fluropolymer Proda review of the industrial user luctWaste Management of Palm Beach (Waste Management)'s enforcement Inc -(Micronized); and a site visit to Micronized. As part of the of Delray Beach'sAsewerBusedo dlnances were also use plan, and the City of Boynton Beach's and City reviewed. Based on the PPA, the Board is adequately implementing findingsieatmenfrom t ppr PPA is contained inere are a few issues that need to be addressed. A summary the wer use ordinances review is contained in Attachment B. Attachment A and a summary of the se Please review the attachments and respond to the Departmentsauce, please contactgour concerns by ust 29 If you have any questions regarding this correspondence, need any assi Jinkins or myself at the letterhead address or at (850) 245-8605. Sincerely, Dawn K. Templin, P.E. Pretreatment Coordinator DKT/swj Attachments cc: Tim Powell, P.E., DEP Southeast District Office Dennis Coates, SCRWTDB Paul Decarolis, City of Delray Beach Arsenio Elizondo, City of Boynton Beach "ll lore Prolectioll. Less PCOCCSS" G.V)omesUr\PRETREAT%SOUTHCENTRAUNSKPPAU7A8.doc If7{i3,.dcp.Sb1e.11.t5 ATTACHMENT A Pretreatment Program Audit South Central Regional Wastewater Treatment and Disposal Board Audit Date: April 23, 2008 The following is a summary of a Pretreatment Program Audit (PPA) of the South Central Regional Wastewater Treatment and Disposal Board (Board) Industrial Pretreatment Program. Sam Jinkins of the Florida Department of Environmental Protection (Department) performed the PPA. Willie Williams represented the Board, and Beachl Decarolis sa nTarver represented the Cities of Delray Beach (Delray) and BoYnon respectively.v shoul be The comments Identify particular program mprodvements are aced to meet applicable pretreatment programrequirements and areas where suggested to facilitate effective implementation of the program. General Comments it was discussed during the PCI, that once the Board's wastewater discharge permit is renewed, there will be a requirement to re-evaluate its local limits. Although not required, it is recommended that a Plan of Study (POS) be submitted to the Department prior to commencing local limits sampling. The POS can help to prevent re -sampling, -due to the improper locations, or additional analyses due to improper detection limits. A copy of Department's Plan of Study Summary was sent via email on June 1, to assist you when preparing the POS. Industrial User Control Mechanisms Two of the required permit elements were missing from the industrial user control mechanisms (permits) for Micronized and Waste Management. In accordance with Rule 62-625.500 (2)(a)2, F.A.C., the following required notification requirements must be included in all industrial user permits: /a. Part 5., Section CA. of both permits require'that the significant industrial user (SIU) report any slug loads to the Board within 24 hours of occurrence. However, in accordance with Rule 62-625.600(5), F.A.C., ail IUs must notify the Board immediately of all discharges that could cause problems, including slug discharges. The immediate noleaseipev�se all SIUf a slug 1permigs to inclu de �� smust be included in each SIU permit. P requirement as they are renewed. The notification requirements for bypass in Part 5., Section A. k) of both permits require five days notice for unanticipated bypass. However, in accordance with within 62-625.860(2)(b), F.A.C., the SIU must submit oral notification of a bypass 24 hours of becoming aware of the �e SlUsbecornesWritten awa ofmhe byp ssst be provided within 5 days of the time # Please revise all SIU permits to include all bypass notification requirements as they are renewed. 2. There are several typographical errors in the "Monitoring Requirements" table of Waste Management's permit. For example, "NOTE A pg 4' is noted in the "Frequency" column for "Water Flow" on the table; however, the reference could not be found on page 4 of the permit. The Department recommends reviewing the references in the table and revising the permit, as necessary, to correct the typographical errors when the permit is renewed. k Z.1 r 0 Enforcement Response Plan (ERP) The review of the ERP for Delray indicated that several anticipated types of noncompliance, and specific procedures to identify and track noncompliance were not included. Additionally, the ERP does not indicate time frames for response to a noncompliance by an industrial user. In accordance with Rule 62-625.500(2)(d), F.A.C., an ERP must contain detailed procedures that, at a minimum: 1. Describe how the control authority will investigate instances of noncompliance; ncompliance; and 2E� UCV 2. Describe the types of escalating enforcement responses the control authority will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place. i, i` t,,� IJ `51 C IP 1 A �3 Guidance on the development of an ERP and a model ERP is available in Chapter the 9 f the State of Florida Guidance Manual for Pretreatment Programs, (July, j Guidance for Developing Control Authority �aResponse��ns �e89) The Department recommends that ta review the enforcement response plan and evaluate the need to update the current ERP. Additionally, in accordance item 36 (pg 39) of the Agreement, it appears that Boynton and Delray are responsible for enforcement of their own sewer use ordinances. Therefore, an ERP from each City or an ERP from the Board, that each City agrees to follow, should have been submitted during the PPA: An ERP was received; however, it appears that the submitted ERP is for Delray only and an ERP was not received from the Board or from Boynton. Please indicate in your response if the Board or Boynton has adopted Delray's ERP. Attachment B Sewer Use Ordinance Review Summary Reviewed by: Samuel Jinkins Due to the relationship between the Board and the Cities of Delray Beach (Delray) and Boynton Beach (Boynton), the sewer use ordinances (SUO) of both of the Cities were reviewed. It was noted that the Industrial Waste and Pretreatment Agreement (Agreement), between the Board and the Cities, addresses the requirement for the Cities to adopt a sewer use ordinance that is no less stringent than the requirements listed in the Agreement. Since the Board is the control authority and the requirements for the Cities to adopt an SUO are contained in the Agreement, it is the Board's responsibility to ensure that each City's SUO meets the requirements of Rule 62-625.500(2)(a), P.A.C. The review is based on the requirements for legal authority as specified in Rule 62- 625.500(2)(a), P.A.C. Where appropriate, references are made to the 1992 Model Pretreatment Ordinance (EPA 833-8-92-003) prepared by the U.S. EPA Office of Wastewater Enforcement and Compliance, Permits a Division. Pretreatment Programs. the del ordinance can be found in the State of Florida Guidance Manu Checklist Reference 1.4 SUO Reference 53.004 (Delray) Comment The definition of grab sample in the Delray SUO is ,, l incorrect. This definition states that the sample should be collected "...without consideration of time." The correct rU language should state that the sample is taken "...with no regard to the flow in the waste stream and aver a time eriod not to exceed 15 minutes." Please refer to Section 1.4 of the Model Ordinance and revise the definition in Delray's ordinance accordingly. 5.3 53.102 The section regarding permit appeals could not be found., The Department recommends �. , (Delray) in the SUO for Delray. referring to Section 5.3 of the Model Ordinance and µ adding this section to the SUO for Delray. 26-177(d) In accordance with Rule 62-625.600(6)(b), F.A.C., and 6.8 (Boynton) item 18 of the Agreement requires any industrial user to r ,I �_ l notify the respective City within 24 hours of becoming 53.999 aware of a violation. However, it was noted that neither SUO contain the 24 hour notification (Delray) Delray's nor Boyton's requirement. Please refer to the above noted Rule, item 18 of the agreement and Section 6.8 Model Ordinance and add this requirement to both City's SUOs. 6.10 53.084 The Department recommends referencing Chapter 62- Rule 62-625.600(1)(e)6, F.A.C., in 1 (Delray) 160, F.A.C., and addition to the federal rule reference of 40 CFR, part 136, regarding sample collection and analysis in Delray's SUO. ! Checklist SUO Reference Reference Comment 10 None The following administrative enforcement remedies were not found in the either SUO for Boynton or Defray: . Compliance Orders/Schedules (section 10.4); and Cease and Desist Orders (section 10.5). The Department recommends referring to Sections 10.4 and 10.5.of the Model Ordinance and include these enforcement remedies in both SUOs. 5 � c 11.4 None The section concerning Remedies Nonexclusive could not be found in the SUO for Delray. The Department recommends referring to Section 11.4 of the Model"�- Ordinance and adding this section to the Delray's SUO. 13.2 None The affirmative defenses to discharge violations for the Prohibited Discharge Standards were not found in Boynton's or Delray's SUO. In accordance with Chapter 62-625.400(1)(b), F.A.C., an industrial user must have an affirmative defense to discharge violations. Please refer to the above noted Rule and Section 13.2 of the Model Ordinance and add this Item to the SUO. y� ' i