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08-20-13 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, August 20, 2013 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B. Public Hearings /Quasi- Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission 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. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish 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 the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. FEC Railroad Overview Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL /LINTON- FEDERAL PLAT: ADDrove a final plat in conjunction with the creation of a two lot commercial subdivision for a new bank/restaurant development to be platted as Linton - Federal Plat, located at the southwest corner of Linton Boulevard and South Federal Highway. B. HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING /ATLANTIC AVENUE: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place between N.E. 61h- Avenue and Veterans Park and between Atlantic Avenue and N.E. 0 Street for the development known as Atlantic Crossing. C. HOLD HARMLESS AGREEMENT/ATLANTIC CROSSING/ FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with CDS Delray Redevelopment LLC., CDR Atlantic Plaza Ltd., and CDS Freeore LLC., to allow for the installation and construction to take place within the State right -of -way at Federal Highway (N.E. 6th Avenue) for development known as Atlantic Crossing. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL) /COASTAL CONTRACTING & DEVELOPMENT, INC.: Approve Contract Closeout (C.O. No. 1 /Final) in the amount of a $4,176.11 decrease and final payment in the amount of $9,418.39 to Coastal Contracting & Development, Inc. for completion of the Utility Billing Renovations Project. Funding is available from 442 - 5178 -536 -62.10 (Water /Sewer Renewal & Replacement Fund/Buildings). RESOLUTION NO. 34 -13: Approve Resolution No. 34 -13; for the purpose of refunding the outstanding City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable), determining the need for a negotiated sale of such revenue bonds to TD Bank, N.A. providing for the terms and payment of such Revenue Refunding Bonds, Series 2013 (Taxable) in an amount not to exceed $2,629,000, authorizing the proper officers of the City to do all other things deemed necessary or advisable in connection with the issuance of said Revenue Refunding Bonds; and authorize paying down the Revenue Improvement Bonds, Series 2008 by $371,000 with Series 2008 excess proceeds. F. GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2013 Recover Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $39,868.00 which will provide funding to support the Holiday Robbery Task Force. G. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation, LLC. for 26 N.W. 11th Avenue in the amount of $33,209.84. Funding is available from 118 - 1963 -554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation). H. ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING SPACE /PALM BEACH COUNTY HEAD START: Approve acceptance of buildings, playground and parking spaces from Palm Beach County Head Start located at S.W. 6th Street within Catherine Strong Park. L GRANT APPLICATION /STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER): Approve authorization to submit the Staffing for Adequate Fire and Emergency Response (SAFER) grant application to provide funding for staffing at the Fire Department. J. FINANCIAL AUDITING FIRM SELECTION /CALER, DONTEN, LEVINE, PORTER & VEIL: Approve the firm selection of Cater, Donten, Levine, Porter & Veil for financial auditing services and authorize staff to enter into contract neuotiations. K. AMENDMENT NO. 4 TO THE AGREEMENT/ SUNGARD PUBLIC SECTOR, INC.: Approve Amendment No. 4 to the agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems. L. AGREEMENT /BANK OF AMERICA, N.A. /BANC OF AMERICA MERCHANT SERVICES: Approve an Agreement with Bank of America, N.A., and Banc of America Merchant Services and the City of Delray Beach to continue providing payment (credit /debit card) processing for the City as per the terms of both contracts. M. SPECIAL EVENT REOUEST /19TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 19th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held October 5 -6, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of NE 4th Avenue from Atlantic Avenue to NE lit Street and SE 4th Avenue from Atlantic Avenue to SE lit Street, to utilize the north end of the Hands parking lot for vendor parking; and to provide staff support for traffic control, security and fire inspection services. The event producer is responsible for payment of 100% of applicable City costs plus a 5% administrative fee. N. SPECIAL EVENT REQUEST /SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development Authority, to be held on March 27, 2014 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue from 2:00 p.m. until 10:00 p.m.; and SE 3rd Avenue from Atlantic south to the alley and SE 4th Avenue from Atlantic to the alley from noon until 10:00 p.m.; to authorize staff support for traffic control and security, barricading, EMS assistance and Fire inspection, trash boxes, use of two (2) City owned portable generators, a genie -lift, and banner han2in2 with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 6, 2014. The event sponsor is responsible for 100% of applicable City costs plus a 5% administrative fee. O. SPECIAL EVENT REQUEST /EXTREME VOLLEYBALL PROFESSIONALS (EVP) TOUR: Approve a special event request for the Extreme Volleyball Professionals (EVP) Tour, sponsored by EVP Tours and supported by the Downtown Marketing Cooperative, to be held on September 21, 2013 from 8:00 a.m. to 6:00 p.m., with setup beginning September 20, 2013 at 5:00 p.m., to grant a waiver to the City Code of Ordinances, Section 101.32, Section 101.32, "Assemblies ", to allow assembly on the beach; to allow use of the Sandoway Parking lot for athlete and spectator parking; and to authorize staff support for lifeguard assistance and traffic control; contingent upon receipt of a turtle permit fourteen (14, ) days prior to the event and a copy of the temporary liquor license by September 12, 2013. Per the current Special Event Policies and Procedures, the DBMC will pay 50% of applicable costs plus a 5% administrative fee. P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 5, 2013 throumh Aumust 16, 2013. Q. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Municipal Code Corporation at an annual estimated cost of $140,000.00 to piggyback the current City of Sarasota contract to print and mail utility invoices. Funding is available from 441 - 5112 -536 -34.90 (Water and Sewer Fund: Other Contractual Services) and 441 - 5112 -536 -42.10 (Water and Sewer Fund: Transportation /Postage). 2. Contract award to Stuart Fence Co., Inc. in the amount of $15,700.00 for installing a chain link fence along the north perimeter of the Water Treatment Plant area at the Environmental Services Department Compound. Funding is available from 442 - 5178 -536 -63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other /Other Improvements). 3. Purchase award to Environmental Products of Florida Corporation in the amount of $18,535.00, for new Envirosight Underground Infrastructure Inspection System for the Maintenance Division of the Public Works Department. Funding is available from 448 - 5461 -538 -64.90 (Storm Water Utility Fund: Machinery /Equipment /Other Machinery /Equipment). 4. Purchase award to Odyssey Manufacturing, Co., in the amount of $48,010.00 for the Water Treatment Plant Sodium Hypochlorite Storage Tank replacement project. Funding is available from 442 - 5178 -536 -64.90 (Water & Sewer Renewal and Replacement Fund: Machinery /Equipment /Other Machinery /Equipment). REGULAR AGENDA: A. CONDITIONAL USE REOUEST /ST. GEORGE: Consider approval of a conditional use request to allow a free - standing multiple family housing development within the GC (General Commercial) and RM (Medium Density Residential) zoning districts for St. George, a proposed 38 -unit townhouse development located at 1023 North Federal Highway. (QUASI- JUDICIAL HEARING) B. EARLY RETIREMENT OPTION: Consider approval to open the early retirement window for General Employees. C. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY FESTIVAL: Consider approval of a special event request for the St. Patrick's Day Festival on March 14, 2014, from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from 11:00 a.m. to 7:00 p.m., on the grounds of Delray Beach Center for the Arts; approve staff support for security, EMS assistance and Fire Inspection services, and stage rental; contingent upon the conditions listed in the staff report. The event sponsor will be required to pay 100% of all applicable City costs plus a 5% administrative fee. D. SPECIAL EVENT REQUEST /ST. PATRICK'S DAY PARADE: Consider approval of a special event request for the St. Patrick's Day Parade to be held on March 15, 2014, from 2:00 p.m. to 4:00 p.m.; to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to NW 5th Avenue for the parade and Atlantic from A -1 -A to the bridge with overflow on East Drive to Lowry Street and Gleason if needed for staging of parade entries and the closure of Atlantic Avenue from NE /SE 5th Avenue to Swinton until 6:00 p.m; approve staff support for traffic control and security, barricading, EMS assistance, sigma e, use of the small stage and allow event signage to be put up on March 1, 2014; contingent upon the conditions of approval listed in the staff report. The event sponsor will be required to pay 100% of applicable City costs plus a 5% administrative fee. E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and one (1) alternate member to the Board of Adjustment to serve two (2) years terms ending August 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor Glickstein (Seat #5). APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (33) regular members to serve two (2) year terms ending August 31, 2015 and one (1) re2ular member to serve an unexpired term ending August 31, 2014 to the Historic Preservation Board. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three (3) re2ular members to the Planning & Zoning Board to serve two (2) year terms ending August 31, 2015. Based upon the rotation system, the appointments will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). H. APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint two (2) regular members to serve two (2) year terms ending August 31, 2015 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (,Seat #2) and Commissioner Frankel (Seat #3). 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS /FY 2014 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2014 Proposed Budget at this time. B. ORDINANCE NO. 12 -13: Consider a city- initiated amendment to Land Development Reuulations (LDR) Section 4.6.9(D)(3)(c), "Parking Lot Stacking Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when there are multiple access points. C. ORDINANCE NO. 13 -13: Consider a city- initiated amendment to Land Development emulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection (D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus shelters. D. ORDINANCE NO. 14 -13: Consider an amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amendinM Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". E. ORDINANCE NO. 16 -13: Consider an amendment to Chapter 110, "Local Business Taxes Generally ", of the Code of Ordinances, by enacting Section 110.17, "Conditions; Notification; Hearing ", to allow the City to impose conditions on a business tax receipt for repeated noise violations. F. ORDINANCE NO. 15 -13: Consider an amendment to Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain aircraft flyer over the City. G. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. 11. FIRST READINGS: A. ORDINANCE NO. 18 -13: Consider approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. If passed a public hearing will be held on September 3, 2013. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission Florida's Long History with Rail ... pr •1 � _I -{ ... The East Coast of Florida is Paradise Regained ... (slogan from Florida East Coast Railway advertising poster; 1898) Today's Transportation System Cannot Meet Increase in Demand 16 r —� Id y• li. r �• - I ,r M= - i i.A.4 {.,N.7 . M iFF Em -- - t•W9 7IN&WklFiMbb .• .. ... ClErEW 63F.45 1FFVdIOM Fwrru "wfRU'i.y.�� 4���pw+a�tOqE P L " 1p, --rte 1. d..l—.O P—L. 1.-. =r 4 w a• .N .ii. � r: rA "'BfTWY Il�ih {jEdW �� FdN7W ir11! FlI �R aP�a iolft i�� uao������ •I•.=- -- -== ;•ifr.Ft w Today's Transportation system Cannot Meet Increase in Demand Ir k 4 I J � r L li",.Li Ili, i v%,I -v - {Fy " a H.* .+ *r r I RF &§Arf . r Y.-I fl T-T.r 4 *rq • rw4� i*vrFl,ira�r�.,r�i+ R*���i�1 • �rn� I:aW3.p— b- -..W ..... Ili�i�4 �,R+tY�14fk�MJ# •-Y �Y�f� If- "FEGAmtrak" Proposal (FDOT Intercity Passenger Rail ■ � A •PASS�NGEit RAIt.' PLANNED NEW STATIONS (East Coast) • St Augustine • Daytona Beach • Titusville • Cocoa (Port Canaveral) • Melbourne • Vero Beach • Fort Pierce • Stuart EXISTING STATIONS (East Coast) Jacksonville .... West Palm Beach, Delray Beach, Deerfield Beach, Fort Lauderdale, Hollywood, Miami • Miami International Airport /MIC Other Existing Stations include Orlando, Tampa, Winter Park, Sanford, Lakeland, and more. "Tri -Rail" Existing Service Regional Commutes Rail Orlando • Commuter Passenger Rail - Service TBD • Commuters and Local Travelers • Miami to Jupiter (Phased) Jupiter - Miami to Pompano Beach West Palm Beach • - Tri -Rail Extension to Jupiter ; 4 - Miami to Jupiter via FEC Corridor Pompano Beach k� Ft. Lauderdale • 85 miles (Three Phases likely) • Stations Every 3 -5 Miles Miami • Integrated with Tri -Rail • Funding TBD Orlando • Intercity Passenger Rail Service -16 Round -trip Trains per Day • Tourists and Regional Travelers • Miami to Orlando West Palm Ft. Lauderdal • 240 miles (One Phase) • 3 Stations in Southeast Florida Miami w • Connections to Local Transit • Privately funded ALLf ABOARD FLORIDA All Aboard Florida, the first privately owned, operated and maintained intercity passenger rail system in the nation, will give Florida's residents and visitors a new and reliable transportation solution between Central and South Florida. THOUSANDS OF JOBS 0 100% PRIVATELYOWNED, OPERATED � PRIVATE AND MAINTAINED HOURLY SCHEDULED SERVICE 3 HOUR TRAVEL TIME West Palm Beach Fort Lauderdale r' r7 ADVANCED, CONVENTIONAL Miami TECHNOLOGY Mang 0 Toney Penna Q PGA Blvd. ---------------- ------- � r �Stati on Lake P3rk -Park Age' r aivieraeeach- 13thst. on! aPark ;ppnflns '^ P dead - asthst. WMPalmBeachf45a' St ; w I----------------------- i'`. - West Palm Beach I.,stPalmBeachGovt. - nter;Okeechofree G" ( Lake Worth Lake Worth Ik` i -. BoyntonBearh BoyntonBearhBlvd. Delray Beach Attanti{Ave• 'I Boca Ramn Palmetto Park Blvd. Deerfield Beach Hillsboro Pompano Beach Atlantic Blvd. DNS Cypress Creek tt OakI and Park Ft, Lauderdale i=[. Lauderdale Gaut. i = ? "" FE. La uderda l e Airport Center ----------------- i 0 FLLAkport Terminal Orr. r station optlUnS Dada och - Daoia Bch B W. r ShMdarkSrreet Dania BeachfFLL L - - - -- r I ------------------------------ r Hollywood HDklywoad /Haflandale r - - - - - - - +51ation Options r kwDod - nallTmxd eNd. r . -^ .. _ 19i1°St. Hallandale - sthst. Golden Glades 16Y, St. r L------------------------------ _ Opa -IDcka U 51. Metrorail'Transfer St. i' Hialeah Market 36" St. Mia ini Int'I Airport Overruwn/ ' Coastal . 1 0 ■d la iii���� i.. MiamiGout. Cent? r 4 February 21, 2013 one e r"ME f INTERNATIONAL g Railroac genes A r"ME f INTERNATIONAL uiet Zones - Actions Underwa • Multi -Party Discussions (PB MPO, FECI, League of Cities, TCRPC, others) • FDOT conducting field reviews (Fall 2013) • FRA technical site visit (Fall 2013) • PB MPO evaluating approach • Single- County vs. Multi- County • Engineering &Cost Estimates • Financial Options • Synchronizing with FECI • Recommendations for PB MPO 4 Sept 2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, LEED (GA), Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 FINAL SUBDIVISION PLAT APPROVAL /LINTON- FEDERAL PLAT ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new bank/restaurant development to be platted as Linton - Federal Plat. The subject property is located at the southwest corner of Linton Boulevard and South Federal Highway. BACKGROUND The property, which was annexed into the City in 1970, is zoned PC (Planned Commercial). It contains an existing 5,724 square foot bank, which was constructed in 1970. On March 27, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to demolish the existing bank and construct a new 3,330 square foot restaurant (Chick- fil -A) with a drive -thm lane and a new 2,730 square foot bank (SunTrust) with drive -thru teller lanes. The 1.63 acre subject property is a replat of a portion of Tract No. 2A, Revised Plat Portions of Sections 28 -29, Township 46 South, Range 43 East, as recorded in Plat Book 18, Page 53 of the public records of Palm Beach County, Florida on November 2, 1938. The replat will subdivide the subject property into two (2) development lots and one (1) tract. Lot I will contain the bank and Lot 2 will contain the restaurant. Tract "A" is a future dedication tract of 12 feet of additional right -of -way for Linton Boulevard. Due to the encroachment of the existing circulation aisle for the drive -thru lanes of the bank within this area, Palm Beach County will not accept the dedication until these facilities are removed. Therefore, the tract will be reserved to the owner of Lot 2 on the Plat until such time that the existing bank facilities are removed. The tract will then be dedicated to Palm Beach County by special instrument. This dedication must take place prior to vertical construction of the proposed Chick -fil -A building. An existing 24' ingress - egress easement will be retained along the west side of the property. A reciprocal easement agreement, which is referenced on the plat, will be recorded by special instrument prior to recording of the plat. The agreement will give the owners of each lot cross access and cross parking rights over the entire site as well as address private utility and drainage easements within the lots. Landscape buffers along all four sides of the property will be dedicated by this plat with 21.5 feet adjacent to Linton Boulevard; 10 feet along South Federal Highway; and 5 feet along the south and west sides of the property. Two existing 6' FPL easements that run east -west through the property will be abandoned prior to the Plat being recorded, and thus have not been shown on the plat. The existing FPL easement that currently services the existing SunTrust building is shown on page 3 of the plat. This easement will be abandoned after the existing SunTrust building is demolished and prior to a building permit being issued for the Chick -fil -A building. A new FPL easement, which will provide service for the future SunTrust and Chick -fil -A buildings, will be recorded by special instrument after the plat is recorded. The SunTrust building permit will not be issued until this easement is recorded. Plat Anal, City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of July 15, 2013, and recommended approval by a vote of 4 to 0. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizens Coalition • Tropic Isles HOA • Tropic Bay Condo Assn • Tropic Harbor Condo • Harborside Condo • Linton Woods Condo • Banyan Tree Village Condo To date, no letters of objection or support for the Plat have been received. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Linton - Federal Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: July 15, 2013 AGENDA ITEM: VI.A. ITEM: Linton - Federal Plat — a plat for a commercial development consisting of a Suntrust Bank and a Chick -Fil -A restaurant, located at the southwest corner of Linton Boulevard and South Federal Highway (1800 South Federal Highway). (Quasi - Judicial Hearing) GENERAL DATA: Owner ....... ............................... SunTrust Bank I Applicant .............................. SunTrust Bank Agent ........... ............................... Corporate Property Services, Inc. Location ....... ............................... Southwest Corner of Linton Boulevard and South Federal Highway Property Size .............................. 1.63 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................North: PC East: POC (Planned Office Center) South: PC West: PC Existing Land Use ...................... Bank Proposed Land Use .................... Bank /Restaurant Water Service ............................. Connection available via 8" main along Federal Hwy. and 6" main along Linton Blvd. Sewer Service .......................... Connection available via 6" main along Linton Blvd. and 24" main along Federal Highway. �.� � :11111: = ■111111 i111� -1111= x111111 `nA �— v�4 11► X111111 �� 1111111111�� ■ ■ ■ �I VI.A. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new bank /restaurant development to be platted as Linton - Federal Plat. The subject property is located at the southwest corner of Linton Boulevard and South Federal Highway. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions BACKGROUND The 1.63 acre subject property is a replat of a portion of Tract No. 2A, Revised Plat Portions of Sections 28 -29, Township 46 South, Range 43 East, as recorded in Plat Book 18, Page 53 of the public records of Palm Beach County, Florida on November 2, 1938. The property, which was annexed into the City in 1970, is zoned PC (Planned Commercial). It contains an existing 5,724 square foot bank, which was constructed in 1970. On March 27, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Architectural Elevations to demolish the existing bank and construct a new 3,330 square foot restaurant (Chick- fil -A) with a drive -thru lane and a new 2,730 square foot bank (SunTrust) with drive -thru teller lanes. PLAT DESCRIPTION The replat will subdivide the subject property into two (2) development lots and one (1) tract. Lot 1 will contain the bank and Lot 2 will contain the restaurant. Tract "A" is a dedication tract of 12 feet of additional right -of -way for Linton Boulevard. It will be dedicated to Palm Beach County by special instrument and the recording information must be noted on the plat. Modification of the current plat to achieve this is required. An existing 24' ingress- egress easement will be retained along the west side of the property. A reciprocal easement agreement, recorded by special instrument, will give the owners of each lot cross access and cross parking rights over the entire site. Landscape buffers along all four sides of the property will be dedicated by this plat with 21.5 feet adjacent to Linton Boulevard; 10 feet along South Federal Highway; and 5 feet along the south and west sides of the property. Ten foot wide drainage easements are located throughout the property which will be dedicated by the plat. Existing FPL easements will be vacated partially or entirely and additional FPL easements will be dedicated by special instrument and the recording information will be noted on the plat. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 2 consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial) and is zoned PC (Planned Commercial). The PC zoning district is consistent with the (GC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ The Chick -fil -A building will be served via lateral connection to an existing 8 inch service water main along Federal Highway and the SunTrust building will be served by a lateral connection to an existing 6 inch along Linton Boulevard. ❑ Adequate fire suppression is provided via an existing fire hydrant at the northeast and one at the northwest corners of the property. ❑ Sewer service will be provided via lateral connection to an existing 6 inch sewer main along Linton Boulevard and a 24 inch main along Federal Highway. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration trench system. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water management permit. Streets and Traffic: A traffic statement has been submitted that indicates that proposed net building increase will generate 563 new net average daily trips and 61 a.m. peak hour trips and 9 p.m. peak hour trips. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Thus, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: A finding of concurrency is not required for the non - residential project. Solid Waste- Trash generated each year by this development will be approximately 46.51 tons /year (restaurant = 41.46, bank = 5.05). The existing bank generates 10.59 tons per year. Therefore, the net increase in solid waste will be 35.92 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 3 School Concurrence: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project to subdivide the property into two lots and a road right -of- way dedication tract. • LDR Section 4.3.4(K) (Development Standards Matrix): The development standards for the PC (Planned Commercial) zoning district, including minimum lot size, lot width, lot depth, lot frontage, open space, building setbacks and building height were addressed with approval of the site plan for the project. • LDR Section 5.3.1 (Right -of -Way Dedication): Twelve (12) feet of additional right -of -way for Linton Boulevard along the north side of the property is required. The dedication will be made by special instrument and referenced on the plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 4 Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizens Coalition • Tropic Isles HOA • Tropic Bay Condo Assn • Tropic Harbor Condo • Harborside Condo • Linton Woods Condo • Banyan Tree Village Condo Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Linton - Federal Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Linton - Federal Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 5 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 6 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 8 APPENDIX - B TECHNICAL COMMENTS The following plat comments must be addressed prior to scheduling the plat for City Commission: 1. The Survey, Plat, Site Plan, Landscaping Plan and Engineering Plans needs to be at the same scale. Some plans are 1" = 20' or 1" = 30', please revise so all plans are 1" = 20'. 2. Revise dedication language to match City of Delray Beach Standard dedication language. 3. Provide all existing easements (recorded or apparent), all proposed easements, and easements to be removed, abandoned, or relocated on one sheet. 4. Remove dedication language for Tract "A ", this area is dedicated to Palm Beach County. Please coordinate dedication with Palm Beach County; record via separate instrument; and indicate ORB and page number on this plat. 5. Please provide terms and conditions of the Reciprocal Easement Agreement for review and to confirm parking on either lots will be allowed. 6. Indicate location of Sanitary Sewer Easement between Lot 1 and Lot 2 and provide dedication language. This easement will need to be added to all plans. 7. Provide City of Delray Beach Surveyor's Notes as found on sheet P -11 of the City's latest version of the Construction Standards and Specifications. This can be found on the City's webpage at http: / /www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2011. 8. Since FPL easement(s) will be dedicated via separate instrument; indicate recorded information on plat. This needs to be done prior to Building Permit issuance. 9. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 10. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 11. Include Lots 1 and 2 in the dedication statement. 12. Indicate the square footage of each Lot and Tract A on the plat. 13. The word "partially" is misspelled on sheet 3 14. Add the minimum dimension from the property line to the centerline of State Road No. 5 (US -1). 15. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. P &Z Board Staff Report, Meeting of July 15, 2013: Linton - Federal Plat Paqe 9 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed redevelopment of the property. The development will be complimentary with the surrounding commercial developments and supplies a fiduciary service to the community in addition to the food service. The existing bank has operated at the subject property for many years without any known conflicts with adjacent properties. o � c). 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II A a Z� FzOcyO oZ v N - - -- ui ID •, M rTi �^ z Oa' N c 1-1 Q z W to xw Z�4 ¢o W o N O a FL7�a I�7�1 JO n N o 'I �FFw 7 a WwV r mz 2 mll ~�Nmo Z w O F F O O °z NLLa = z z .LS'98l MAMMON II I pN a r o m a ~ A _ jw �I 1�1 I Ily 60.iOF�"J -- II xz I Q I I I wow<ww w 'I f 00 - - -- l - - - -- ll n? 1N3W36 3d 6S3`dJNIbZ OS � II I m� Lfi'S9 M.G5.SEDOON - - - - - I -- r cs .aEy N � \ 361162 MAMMON I I IOw� I� I- Zi dim I;' O�Oam - Os Im O � I ¢ \ l y2'UN 1wtlH1303NI1153M DNtl § - §dIHSNN \Dl' BZ 2 OI1D36 j03NI1163M -- - - -� u .90E5 3.Sb,EZ..EO L6tl36b 3DMR1 MlnOa 9 _ VNItfOld'A1NnD] HDtl3e Wltid w n Ilry n I w w �3 = •u C53o 6z SI !Iltlld 305NOI1JOd -3 E63`JJ "59b'd��AVld N I n _ JESNDI1J3S IDd, i,IO O 'l- ON 1JY`d1 dO NOI1JOd INIL 566e20N �� - W MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Assistant City Engineer Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 7, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 HOLD HARMLESS AGREEMENT /ATLANTIC CROSSING /ATLANTIC AVENUE ITEM BEFORE COMMISSION Request Commission approval and authorization for the Mayor to execute a Hold Harmless Agreement for Work Performed within the State Right -of -Way, Atlantic Avenue with CDS Delray Redevelopment LLC, CDR Atlantic Plaza Ltd and CDS Freeore LLC (Developer) for development known as Atlantic Crossing. BACKGROUND Atlantic Crossing, formerly known as Atlantic Plaza submitted a development proposal to the Planning and Zoning Department in June 2013. This project is located between NE 6th Avenue and Veterans Park and between Atlantic Avenue and NE 1st Street. Improvements proposed for this project includes relocation of existing water and sanitary sewer mains out of vacated NE 7th Avenue to Atlantic Avenue and Federal Highway. Water and sewer mains to be relocated along Atlantic Avenue is within the Florida Department of Transportation (FDOT) Right -of -Way, as a result, a permit from FDOT is required. Since the City will be maintaining that part of the service within the FDOT right -of -way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right -of -way by Developer. RECOMMENDATION Staff recommends approval. HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT- OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") and CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, Ltd, and CDS FREEORE, LLC, (hereinafter collectively referred to as "DEVELOPER ") WITNESSETH: WHEREAS, DEVELOPER wishes to install /construct utilities in the right -of -way of the State of Florida; along Atlantic Avenue (between NE 6th Avenue and NE 7th Avenue) and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation /construction to take place in the State right -of -way; along Atlantic Avenue (between NE 6th Avenue and NE 7th Avenue) and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right -of -way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right -of -way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right -of -way and as more particularly shown on the engineering plans submitted for the development known as ATLANTIC CROSSING. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance by STATE and CITY. Unremedied defects identified for correction during the warranty /guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty /guarantee shall subject the remedied portion of the work to an extended warranty /guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 2 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit M Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: 3 CITY OF DELRAY BEACH, FLORIDA an Cary D. Glickstein, Mayor iLM City Attorney WITNESSES (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing it , 200_ by officer or agent) of acknowledging), a of the corporation. an oath. DEVELOPER: (Print or Type Name) Address: Phone: ,trument was acknowledged before me this day of (name of officer or agent, title of (name of corporation (state or place of incorporation) corporation, on behalf He /She is personally known to me or has produced (type of identification) as identification and did (did not) take S Signature of Notary Public - State of Florida Nun. - RULE 14-06 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-85 UTILITY PERMIT UTILITIES OGC - p8f10 PERMIT NO.: SECTION NO.: �?g J D STATE ROAD FDOT construction is proposed or underway. ❑ Yes Ike No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes JR No If yes, Document Number: PERMITTEE: // ADDRESS: � � s fD �v��Ue TELEPHONE NUMBER: (5-1AV % CITYISTATEIZIP: Q� �QIIUJ rL 33�1jll The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct, operate and maintain the following: 15�'2,1711� :71261 FROM: TO: Submitted for the PERMITTEE by: Name and Company p y (Typed or Printed Legibly) Contact Information - AddresstTelophonelE Mail (if applicable] Signature Date � 1. The Permittee declares that prior to filing this application, the location of all existing utilities,that i owns or has an interest in, both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on 9-Z�l 02 l9 to the following utilities known to be involved or potentially impacted in the area of the proposed installation: 2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty eight (48) hours in advance prior to starting work and again immediately upon completion of work. The FOOT's Engineer is located at , Telephone Number The Permittee's employee responsible for MOT is _ Telephone Number (This name may be provided at the time of the forty eight (48) flour advance- notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer. 4. All plans and installations shall conform to the requirements of the FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within &6 days after issuance of permit, and shall be completed within .- 40 0 days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuant to Section 337.403, Florida Statutes, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FOOT, be removed or relocated by such utility at its own expense except as provided in Section 337.403(1), Florida Statutes, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee wiil coordinate with the FDOT before proceeding and shalt cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FOOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non - compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the RNV at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FDOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FOOT's R/W as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits, the Permittee shall immediately cease work and notify the FOOT. The FOOT shall notify the Permiee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FOOT 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FDOT, within its RNV, the Permittee maybe required by -the FDOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover, de- energize or alter aerial facilities as deemed necessary for protection and safety. Paige 1 of 2 RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 714-010-85 UTILITY PERMIT UTILITIES OGC -08110 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FOOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above fisted permit conditions and special instructions. 20. By receipt of this permit, the Permittee acknowledges responsibility to comply with Section 119.07, Florida Statutes. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14- 46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated,.approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? ONO ❑ YES If Yes, pages are attached. PERMITTEE SIGNATURE DATE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE:. District Maintenance Engineer or Designee I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FOOT's current UAM. All plan changes have been approved by the FOOT's Engineer and are attached to this permit. i also certify that the work area has been left in as good or better condition than when the work was begun. PERMIT-TEE: SIGNATURE: DATE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee Page 2 of 2 1 f N O 1 E 0 b :V of E C ofaci c 0 a`> a� `o rn a� 3 N.E. 6TH AVE. (U.S. HY. No.1 N.B.) Lij N. E. m 0 z u/ 1ST LOCATION FOR J RELOCATED UNDERGROUND UTILITIES 0 N O 1 U ST. w z m rrr ATLANTIC C AVENUE L CITY of DELRAY BEACH ATLANTIC CROSSING DATE: 05/29/2013 s ENVIRONMENTAL SERVICES DEPARTMENT e 434 SOUTH SWWON AVENUE, DELMY BEACH, FLOWA 33444 UNDERGROUND UTILITY RELOC. LOCATION MAP TAC ID #399 1 OF 1 L MEMORANDUM TO: Mayor and City Commissioners FROM: Tracie M. Lutchmansingh, P.E., Assistant City Engineer Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 7, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 HOLD HARMLESS AGREEMENT/ATLANTIC CROSSING /FEDERAL HIGHWAY ITEM BEFORE COMMISSION Request Commission approval and authorization for the Mayor to execute a Hold Harmless Agreement for Work Performed within the State Right -of -Way, Federal Highway (NE 6th Avenue) with CDS Delray Redevelopment LLC, CDR Atlantic Plaza Ltd and CDS Freeore LLC (Developer) for development known as Atlantic Crossing. BACKGROUND Atlantic Crossing, formerly known as Atlantic Plaza submitted a development proposal to the Planning and Zoning Department in June 2013. This project is located between NE 6th Avenue and Veterans Park and between Atlantic Avenue and NE 1st Street. Improvements proposed for this project includes relocation of existing water and sanitary sewer mains out of vacated NE 7th Avenue to Atlantic Avenue and Federal Highway. Water and sewer mains to be relocated along Federal Highway (NE 6th Avenue) is within the Florida Department of Transportation (FDOT) Right -of -Way, as a result, a permit from FDOT is required. Since the City will be maintaining that part of the service within the FDOT right -of -way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right -of -way by Developer. Since FDOT is requesting a separate permit application for Atlantic Avenue and Federal Highway improvements, a Hold Harmless for each street was done. FUNDING SOURCE Staff recommends approval. HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT- OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY ") and CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, Ltd, and CDS FREEORE, LLC, (hereinafter collectively referred to as "DEVELOPER ") WITNESSETH: WHEREAS, DEVELOPER wishes to install /construct utilities in the right -of -way of the State of Florida; along Federal Highway (between Atlantic Avenue and NE 1" Street) and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation /construction to take place in the State right -of -way; along Federal Highway (between Atlantic Avenue and NE 1st Street) and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right -of -way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right -of -way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right -of -way and as more particularly shown on the engineering plans submitted for the development known as ATLANTIC CROSSING. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance by STATE and CITY. Unremedied defects identified for correction during the warranty /guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty /guarantee shall subject the remedied portion of the work to an extended warranty /guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 2 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit M Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: 3 CITY OF DELRAY BEACH, FLORIDA an Cary D. Glickstein, Mayor iLM City Attorney WITNESSES (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing it , 200_ by officer or agent) of acknowledging), a of the corporation. an oath. DEVELOPER: (Print or Type Name) Address: Phone: ,trument was acknowledged before me this day of (name of officer or agent, title of (name of corporation (state or place of incorporation) corporation, on behalf He /She is personally known to me or has produced (type of identification) as identification and did (did not) take S Signature of Notary Public - State of Florida RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT 710 -010 -M UTILITIES OGC - 0&!10 PERMIT NO.: SECTION NO.: J3cJ3tJ STATE ROAD COUNTY lblry/ &itch FDOT construction is proposed or underway. ❑ Yes t[ No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes No If yes, Document Number: PERMITTEE: ADDRESS: ��� S. �%Uea%7L/e� TELEPHONE NUMBER: (e--x 21I f -7 -22 CITYISTATEIZIP: `4�7 /' ���/al x5e - / /L -f✓4Z4' The above PERMITTEE requests n permi"1 from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, Operate and maintain the following: /�'� G�C7�P /41/7 G'y��y/jG FROM: �l7/17�;G �!/%E" �Jr 2� C�� TO: /�/, � /Sf .J` �e e Submitted for the PERMITTEE by: Name and Company (Typed or Printed Legibly) Contact Information AddresslTelephonelE -Mail (if applicable) Signature Date s 1. The Permittee declares that prior to filing this application, the location of all existing utilities th tit owns or has an interest in, bath aerial and underground, are accurately shown on the plans and a letter of notification was mailed on dip / 2 -W0 to the following utilities known to be involved or potentially impacted in the area of the proposed installation: 2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty eight (48) hours in advance prior to starting work and again immediately upon completion ofwork. The FOOT's Engineer is located at , Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight (48) hour advance notice prior to starting work). 3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer. 4. All plans and installations shall conform to the requirements of the FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made apart of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements, 8. Pursuant to Section 337.403, Florida Statutes, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FDOT, be removed or relocated by such utility at its own expense except as provided in Section 337.403(1), Florida Statutes, and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of the FOOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non - compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit is void and the facility will have to be brought into compliance or removed from the RAN at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construction, all safety regulations of the FOOT shall be observed and the Permittee must take measures, including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FOOT's R1W as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service utilities whenever the FOOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits, the Permittee shall immediately cease work and notify the FOOT. The FOOT shall notify the Permitee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FOOT, within its RIW, the Permittee may be required by the FOOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover, de- energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 RULE 14-06 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710 -01"5 UT -08/10 UTILITY PERMIT OGC -09110 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in sA 20.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is authorized to do so and charge the cost thereof against the owner under the provisions of 3.337.404. 18. The Perrnittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: it is understood and agreed that commencement by the Permittee Is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit, the Permittee acknowledges responsibility to comply with Section 119.07, Florida Statutes. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14 -46,001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? ONO O YES If Yes, pages are attached. PERMITTEE DATE WORK STARTED: SIGNATURE INSPECTED BY: DATE: CHANGE APPROVED BY: DATE: Name & Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATIOtu DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FOOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun, PERMITTEE: SIGNATURE: DATE: Name & Title of Authorized Permittee or Agent d or Printed Legibly) CC: District Permit Office Permittee Page 2 of 2 1 f N O 1 E 0 b :V of E C ofaci c 0 a`> a� `o rn a� 3 N.E. 6TH AVE. (U.S. HY. No.1 N.B.) Lij N. E. m 0 z u/ 1ST LOCATION FOR J RELOCATED UNDERGROUND UTILITIES 0 N O 1 U ST. w z m rrr ATLANTIC C AVENUE L CITY of DELRAY BEACH ATLANTIC CROSSING DATE: 05/29/2013 s ENVIRONMENTAL SERVICES DEPARTMENT e 434 SOUTH SWWON AVENUE, DELMY BEACH, FLOWA 33444 UNDERGROUND UTILITY RELOC. LOCATION MAP TAC ID #399 1 OF 1 L MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 6, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 CONTRACT CLOSEOUT (C0#1 /FINAL) /C0ASTAL CONTRACTING & DEVELOPMENT, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($4,176.11) and a final payment amount of $9,418.39 to Coastal Contracting & Development, Inc. for completion of the Utility Billings (UTB) Renovations Project #11 -112. BACKGROUND On December 11, 2012 Commission approved a Bid Award, in the amount of $92,510.00, to Coastal Contracting & Development, Inc. for the renovation of the Utility Billing Customer Service Suite on the first floor of City Hall. The project scope included the complete renovation of the meter reader office area; expansion and renovation to the cashier's area and renovations to the customer reception area; all within the Utility Billing Customer Service Suite. On April 26, 2013 the Finance Director approved additional scope, in the amount of $4,602.25, for additional suspended ceiling grid and tile, additional HVAC supply drops, upgrade of 4" vinyl floor base to 6" base, and VCT upgrade. On June 4, 2013 the City Manager approved additional scope, in the amount of $6,221.64, for an additional light fixture, ceiling grid suspension support wires throughout the entire space, reduction of the width of the counter size, larger pass through trays, silestone privacy panels, and recessed data outlets. The total amount of $10,823.89 was paid out of the contract's undefined general allowance. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #688069 to funding account #442 - 5178 -536 -62.10 (Water /Sewer Renewal & Replacement Fund/Buildings). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($4,176.11) and a final payment amount of $9,418.39 to Coastal Contracting & Development, Inc. for completion of the Utility Billing (UTB) Renovations Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. I/ Final (Contract Closeout) PROJECT N0. 11 -112 DATE: PROTECT TITLE: UTB Renovations TO CONTRACTOR: Coastal Contracting & Development, 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: Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PERCENT DECREASE THIS CHANGE ORDER -4.51% TOTAL PERCENT DECREASE TO DATE -451% $ 92,510.00 $ .00 $ 92,51.0.00 (� 4.176.11) $ 88,333.89 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. Coastal Contracting & Development, Inc. (Contractor to sip & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A DEPARTMENT RECOMMEND: APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk S:IEngAdavnlYtojects12C111Tk -T 12 file made 9- 20111OFRC1AMOI Final Coastal Contracting UTB Renovations nC 082C13,doc SCHEDULE E " A " TO CHANGE ORDER NO. I I FINAL (CONTRACT CLOSEOUT) COASTAL CONTRACTING & DEVELOPMENT, INC. UTB RENOVATIONS - PROJECT NUMBER 11-112 TOTAL ORIGINAL CONTRACT AWARD Original Contract Award Previously Approved Changes Total Award /Approved to Date Final Contract to Date $92,510.00 $92,510.00 $0.00 $92,510.00 $88,333.89 CHANGE ORDER NO. 1 1 FINAL $ (4,17611) Page 1 of 1 $88,333.89 $ (4,176.11) CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT EST. UNIT PRICE TOTAL ACTUAL UNIT PRICE EXTENDED QUANT ADJ, NO QTY. QTY. TOTAL PRICE + i - I I TB Modifications per plan and specification - S77,500.00 la Supervision LS 1 $ 12,000.00 $ 12,000.00 1 $ 12,000.00 $ 12,D00.00 $ 1h General conditions LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,000,00 $ 10 Construction Bond LS I $ 2,SD0.00 $ 2,500.00 1 $ 2,500.00 $ 2;500.00 $ ld Demolition LS 1 $ 4,000.00 $ 4,0D0.00 1 $ 4,000.00 $ 4,000.00 $ le Temporary Protection LS 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,D00,0o $ If Framing and Drywall LS 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 $ 4,000.04 $ 1g I Doors and Hardware LS 1 $ 4,500.00 $ 45D0.00 1 $ 4,500.00 $ 4,500.00 $ 1h Cabinetry LS 1 $ 9,500.00 $ 9,500.00 1 $ 9,500.00 $ 9,500.00 $ Ii Painting LS 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 $ 5,000.00 $ L Flooring and Base LS 1 $ 10,500.00 $ 10,500.00 1 $ 10,500.00 $ 10,500.00 $ 11: Ceilings LS 1 $ 1,000.00 $ 1,600.00 1 $ 1,000.00 $ 1,000.00 $ 11 Electric LS 1 $ 7,500.00 $ 7,500.00 1 $ 7,500.00 $ 7,500.00 $ lm HVAC LS 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 $ 3,000.00 $ In Fire S Alder LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000,00 $ 1,000.00 $ to Secunty Window LS I $ 9,000.00 $ 9,000.D0 1 $ 9,000.00 $ 9,000.00 $ 2 Undefined General Allowance LS 1 $ 15,000.00 $ 15,000.00 4.7216 $ 15,000.00 $ 10,823.89 $ (47176.11) Cost for additional scope, due to conflicts with existing conditions. Add' €. scope includes: additional ceiling, $ 4,602.25 additional HVAC, upgrade of 4" base to 6" base and VCT upgrade. Approved by Finance Director 04126113. Cost for additional scope, recommended by the Utilities Dept, Manager & Building Inspector, and endorsed by the architect: Supply and install (1) 2x4 light fixture, in corridor south; not accounted for on the plans, Install addit)onal ceiling grid suspension wires throughout the entire space; Reduce the width of the counter size from ", $ 6,221.64 32° to 24 install (3) larger pass through trays and install (2) shestone privacy panels between the transaction windows; in Cashiers Area #2; Install (2) recessed date outlets in Work Area 93; Removal and reinstallation of right - angled countertop in Work Area #4. Approved by City Manager 05104/13. _ Indemnilacation LS 1 IS 10.00 $ 10.00 1 $ 10.00 I $ TOTAL ORIGINAL CONTRACT AWARD Original Contract Award Previously Approved Changes Total Award /Approved to Date Final Contract to Date $92,510.00 $92,510.00 $0.00 $92,510.00 $88,333.89 CHANGE ORDER NO. 1 1 FINAL $ (4,17611) Page 1 of 1 $88,333.89 $ (4,176.11) MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 RESOLUTION NO. 34-13 ITEM BEFORE COMMISSION Approve Resolution No. 34 -13 authorizing the issuance of not to exceed $2,629,000 in aggregate principal amount of Revenue Refunding Improvement Bonds, Series 2013 (Taxable) of the City of Delray Beach, Florida for the purpose of refunding the outstanding City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) and paying any costs relating thereto; determining the need for a negotiated sale of such revenue bonds to TD Bank, N.A. (the "Bank"); providing for the terms and payment of such Revenue Refunding Bonds, Series 2013 (Taxable), and the rights, remedies and security of the owners thereof, making certain covenants relating to the issuance of said Revenue Refunding Bonds, Series 2013 (Taxable); approving the form of and authorizing the execution and delivery of a bond purchase agreement with Bank; authorizing the proper officers of the City to do all other things deemed necessary or advisable in connection with the issuance of said Revenue Refunding Bonds, Series 2013 (Taxable); and providing for an effective date. The resolution essentially provides for a negotiated sale of such bonds to TD Bank, N.A. and terms which include a variable interest rate based on the 30 Day LIBOR (London Inter -Bank Offered Rate) plus 62.5 basis points, a term of approximately three years and no penalty for early pre - payment. LIBOR is a common benchmark interest rate index that is used by banks to make adjustments to adjustable rate loans. In conjunction with this, we also ask for the approval of paying down the City of Delray Beach Revenue Improvement Bonds, Series 2008 from excess Series 2008 proceeds in the amount of $371,000 resulting in the proposed refunding issue amount of $2,629,000. BACKGROUND On July 16, 2013, Finance sent out RFP's to six banks for the financing of the $2,629,000 Delray Beach Revenue Improvement Refunding Bonds, Series 2013 (the "Taxable Refunding Bonds "). The City asked that the bidders provide a variable rate, and /or a fixed rate based on a three year term and with and without pre - payment premiums. On August 2, 2013, Finance staff received a fixed rate bid from BB &T, both variable and fixed rate bids from TD Bank, N.A. and a "no bid" from SunTrust Bank. An analysis was performed based on $2,629,000, current rates provided by the banks and an approximate three year term. The TD Bank, N.A. variable rate came in with the lowest estimated cost of $61,256. The variable rate provided by TD Bank, N.A. is based on the 30 Day LIBOR plus 62.5 basis points and is currently at 0.815 %. (Please see attached chart for rates and terms for all responses.) In determining whether a fixed rate or a variable rate is the better option, we reviewed 30 Day LIBOR history as well as Bank of America's LIBOR rate projections. Short term rates have remained stable over the past few years and are expected to increase just slightly in the coming months at a lesser rate than the fixed rates bid currently received. At this time, we feel a variable rate is the better option. If short term rates start to rise substantially, we will go out for a request for bids on a fixed rate basis to lock in the rate. RECOMMENDATION Recommend the approval of Resolution No. 34 -13 authorizing the sale of Delray Beach Revenue Improvement Refunding Revenue Bonds, Series 2013, to TD Bank, N.A. in the principal amount not to exceed $2,629,000 at a variable rate based on the 30 Day LIBOR plus 62.5 basis points for a term of three years with no penalty for early pre - payment. The variable rate offered by TD Bank, N.A. is the low bid and the only bid for variable rate financing. Also, recommend paying down the Revenue Improvement Bonds, Series 2008 by $371,000 with Series 2008 excess proceeds. RESOLUTION NO. 34 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,629,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF REFUNDING THE OUTSTANDING CITY OF DELRAY BEACH, FLORIDA REVENUE IMPROVEMENT BONDS, SERIES 2008 (TAXABLE) AND PAYING ANY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE) TO TD BANK, N.A. (THE "BANK "); PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE), AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID REVENUE REFUNDING BONDS, SERIES 2013 (TAXABLE); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 14, 1999, the City Commission (the "Commission ") of the City of Delray Beach, Florida (the "City ") did adopt Resolution No. 76 -99 (the "Bond Resolution ") authorizing the issuance, from time to time, of revenue bonds (the "Bonds ") to finance and refinance capital projects in the City; and WHEREAS, any capitalized term used in this Resolution and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution; and WHEREAS, pursuant to the Bond Resolution, the City Commission adopted Resolution No. 47 -08, authorizing the issuance of City of Delray Beach, Florida Revenue Improvement Bonds, Series 2008 (Taxable) in the principal amount of not exceeding $2,629,000 (herein, the "Taxable Bonds "); and WHEREAS, the Taxable Bonds were issued in the principal amount of $3,000,000 to finance a portion of the City's Old School Square Parking Garage Project (the "Project "); and WHEREAS, the Taxable Bonds mature on September 1, 2013 and the City Commission has determined to refinance the Project by issuing City of Delray Beach, Florida Revenue Refunding Bonds, Series 2013 (Taxable) (the "2013 Bonds "), pursuant to the terms of the Bond Resolution and Res No. 34 -13 A -1 this Resolution to prepay, together with other available moneys of the City, all of the outstanding Taxable Bonds; and WHEREAS, pursuant to the Bond Resolution, each series of Bonds issued thereunder shall be payable from the City's covenant contained in the Bond Resolution to budget and appropriate in each Fiscal Year, by budget amendment if necessary, Non -Ad Valorem Revenues and deposit the same in the Debt Service Fund created and established under the Bond Resolution (herein, the "City's Covenant "); and WHEREAS, pursuant to the terms and provisions of Section 8 of Article IV of the Bond Resolution and this Resolution, the City shall issue the 2013 Bonds in substantially the form attached hereto as Exhibit B; and WHEREAS, the principal amount of the 2013 Bonds authorized under this Resolution shall not exceed $2,629,000; and WHEREAS, the 2013 Bonds shall be secured by a pledge of and lien on the Pledged Revenues (as herein defined); and WHEREAS, City staff has previously solicited bids from qualified lending institutions to refinance the Project by the purchase of the 2013 Bonds at the most favorable terms to the City; and WHEREAS, City staff has determined and the City Commission hereby concurs that TD Bank, N.A., a national banking association organized under the laws of the United States with its designated office in Fort Lauderdale, Florida (herein, the "Bank ") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that in light of present market conditions, the aforementioned bid provided by the Bank, the necessity for the funds to prepay the Taxable Bonds prior to September 1, 2013 and other factors described herein, it would be in the best interest of the City to sell the 2013 Bonds to the Bank on a negotiated private placement basis pursuant to the terms and provisions of the Bond Resolution, this Resolution and that certain Bond Purchase Agreement dated the date of delivery of issuance of the 2013 Bonds (herein, the "Agreement ") by and between the City and the Bank in substantially the form attached hereto as Exhibit A. NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach, Florida, as follows: ARTICLE I STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS Section 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented and other applicable provisions of law (collectively, the "Act ") and the authority provided for in the Bond Resolution. Section 1.2 FINDINGS. It is hereby ascertained, determined and declared: Res No. 34 -13 A -2 (a) That the City hereby authorizes that the Project be refinanced from the proceeds derived from the 2013 Bonds issued pursuant to this Resolution and the Bond Resolution, together with any incidental and necessary costs and expenses associated therewith. (b) That the City Commission has previously determined it to be necessary and in the best economic interest of the City to construct the Project. (c) That the Project serves a valid municipal purpose. (d) That the principal of and interest on the 2013 Bonds shall be secured solely by the Pledged Revenues in the manner provided herein, provided that the Owner of the 2013 Bonds shall have no lien on any Non -Ad Valorem Revenues until deposited into the Debt Service Fund. The ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the 2013 Bonds and the 2013 Bonds issued pursuant to this Resolution shall not constitute a lien upon any other property whatsoever of or in the City other than the net proceeds of any Take -Out Bonds or Sale Proceeds, when, and if, such proceeds are delivered to the City. (e) That the City, having previously solicited bids for the sale of the 2013 Bonds, has determined that the best qualified bid for the purchase of the 2013 Bonds was delivered by the Bank. ( That the negotiated sale of the 2013 Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for need of funds to refinance the Project by prepayment of the Taxable Bonds and in light of present market conditions. (g) That the Agreement, in the form attached hereto as Exhibit A, and the 2013 Bonds, in the form attached hereto as Exhibit B, are hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. (h) That pursuant to the provisions of the Bond Resolution and this Resolution, the City may issue obligations in the future secured by certain of the Pledged Revenues. (i) That any capitalized term not otherwise defined herein, shall have the meaning ascribed to such term in the Bond Resolution. Section 1.3 DEFINITIONS. That, in addition to terms defined elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: "Bond Counsel" shall mean Greenberg Traurig, P.A. or any other firm of nationally recognized bond counsel selected by the City and acceptable to the Bank. "Bond Resolution" shall mean Resolution No. 76 -99, adopted by the City Commission on December 14, 1999. Res No. 34 -13 A -3 "Business Day" shall mean any day other than a Saturday or Sunday, or a day on which the Bank or London banks are closed. "City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County of Palm Beach, State of Florida and its successors and assigns. "City Commission" shall mean the duly constituted governing body of the City. "Closing Date" shall mean the date the City issues the authorized principal amount of the 2013 Bonds. "Default Rate" shall mean four hundred basis points above the actual Interest Rate in effect immediately prior to any default by the City under this Resolution. "Interest Rate" shall mean with respect to the 2013 Bonds, unless the 2013 Bonds bear interest at the Default Rate, a variable rate of interest on the 2013 Bonds which shall be equal to LIBOR, plus 62.5 basis points. The Interest Rate shall be calculated on the basis of a 360 day year of twelve thirty -day months and shall be recalculated by the Bank on the first business day of each month. "LIBOR" shall mean the rate of interest (rounded upwards if necessary to the next 100d, of one percent) equal to the British Bankers Association LIBOR ( "BBA LIBOR ") as published by Bloomberg (or such other commercially available source providing quotations of BBA LIBOR as designated by the Bank from time to time) at approximately 11:00 A.M. (London time) 2 Business Days prior to the first day of such LIBOR Interest Period for a term comparable to such LIBOR Interest Period; provided however, if more than one BBA LIBOR is specified, the applicable rate shall be the arithmetic mean of all such rates. If, for any reason, such rate is not available, the term LIBOR shall mean the rate of interest per annum (rounded upwards, if necessary, to the nearest 1/100 of 1 %) determined by the Bank to be the average rates per annum at which deposits in dollars are offered for such LIBOR Interest Period to major banks in the London Interbank Market in London, England at approximately 11:00 A.M. (London time) two Business Days prior to the first day of such LIBOR Interest Period for a term comparable to such LIBOR Interest Period. The effective interest rate applicable to the 2013 Bonds shall change at the end of each Interest Period. LIBOR Interest Period means initially, a period of one month; provided however, (i) if any LIBOR Interest Period would end on a day which is not a Business Day, such LIBOR Interest Period shall be extended to the next succeeding Business Day (except that where the next succeeding Business Day falls in the next succeeding calendar month, then on the next preceding Business Day), (ii) no LIBOR Interest Period shall extend beyond the Maturity Date and (iii) any LIBOR Interest Period with respect to the 2013 Bonds that begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such LIBOR Interest Period) shall end on the last Business Day of the relevant calendar month at the end of such LIBOR Interest Period. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the 2013 Bonds, April 15, 2016. "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 2.4 hereof, any successor registered holder of the 2013 Bonds; Res No. 34 -13 A -4 provided no Bondholder may be the registered owner of less than $1,000,000 in the aggregate principal amount of the 2013 Bonds. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. "Payment Date" shall mean, with respect to interest on the 2013 Bonds, each June 1 and December 1, commencing December 1, 2013 and with respect to principal on the 2013 Bonds, the Maturity Date and on any other date the principal of the 2013 Bonds is optionally prepaid in whole or in part, provided that if such date is not a Business Day, the payment shall be made on the next succeeding Business Day. "Pledged Revenues" shall mean (a) with respect to interest on the 2013 Bonds, (i) the Non - Ad Valorem Revenues deposited in the Debt Service Fund created and established under the Bond Resolution, (ii) investment income received from the investment of moneys in the Debt Service Fund and accounts established thereunder and (iii) any other moneys deposited in the Debt Service Fund or received by the Paying Agent in connection with the payment of interest on the 2013 Bonds; (b) with respect to the payment of the principal of the 2013 Bonds on the Maturity Date, or earlier prepayment date (i) the Non -Ad Valorem Revenue deposited in the Debt Service Fund pursuant to the City's Covenant, (ii) any proceeds from the Sale Proceeds, (iii) the net proceeds of the Take -Out Bonds, and (iv) any other moneys deposited in the Debt Service Fund or received by the Paying Agent in connection with the repayment of the 2013 Bonds. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof. "Sale Proceeds" shall mean the net proceeds received by the City derived from the sale of all or a portion of the Project financed with the proceeds of the Taxable Bonds. "Take -Out Bonds" shall mean the Bonds, the City may, but shall not be required to issue, under the Bond Resolution to retire the 2013 Bonds on the Maturity Date. "2013 Bonds" shall mean the not to exceed $2,629,000 aggregate principal amount of Revenue Refunding Bonds, Series 2013 (Taxable), authorized by the Bond Resolution and this Resolution. Words importing singular number shall include the plural number and vice versa, as the case may be and words importing persons shall include firms and corporations. Section 1.4 RESOLUTION AND BOND RESOLUTION CONSTITUTE CONTRACT. In consideration of the acceptance of the 2013 Bonds authorized to be issued hereunder by those who shall own the same from time to time, this Resolution and the Bond Resolution shall be deemed to be and shall constitute a contract between the City and the Res No. 34 -13 Bondholders and the covenants and agreements herein and therein set forth to be performed by said City shall be for the benefit, protection and security of the Bondholders. ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 2013 BONDS Section 2.1 AUTHORIZATION OF 2013 BONDS. Subject and pursuant to the provisions of this Resolution and the Bond Resolution, obligations of the City of Delray Beach, Florida, to be known as "Revenue Refunding Bonds, Series 2013 (Taxable)" are hereby authorized to be issued in the aggregate principal amount of not exceeding Three Million Dollars ($2,629,000) for the purpose of refinancing the Project by prepaying the Taxable Bonds. Section 2.2 DESCRIPTION OF 2013 BONDS. Notwithstanding the form of Bonds set forth in the Bond Resolution, the text of the 2013 Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. The 2013 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance of such 2013 Bonds. The 2013 Bonds shall be issued in registered form. Unless the interest rate on the 2013 Bonds is adjusted in accordance with Section 3.7 hereof, the 2013 Bonds shall bear interest on the outstanding principal amount of the 2013 Bonds at the Interest Rate and such interest shall be payable on each Payment Date, commencing December 1, 2013. Unless all or a portion of the 2013 Bonds is optionally prepaid in accordance with the terms of this Resolution, the outstanding principal of the 2013 Bonds shall be payable on the Maturity Date. The 2013 Bonds shall be issued in a not to exceed principal amount of $2,629,000, with the actual principal amount of the 2013 Bonds issued determined by the stated amount on the definitive 2013 Bonds delivered to the Bank. Principal and interest on the 2013 Bonds shall be payable at the office of the Paying Agent (the designated corporate trust office of the Paying Agent if the City's Finance Department is not the Paying Agent). The 2013 Bonds shall be numbered in such manner as may be prescribed by the Registrar. The 2013 Bonds shall be payable, with respect to interest and principal, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Subject to the next succeeding paragraphs, the City may prepay the 2013 Bonds in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of the 2013 Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of the 2013 Res No. 34 -13 A -6 Bonds is to be paid, upon presentation and surrender of the 2013 Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) and (ii) in case only part of the unpaid balance of principal of the 2013 Bonds is to be paid, upon presentation of such 2013 Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement 2013 Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the 2013 Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of the 2013 Bonds. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of the 2013 Bonds shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate. Notwithstanding the provisions of clause (i) or (ii) above, if all of the 2013 Bonds are registered in the name of the Bank, payments shall be effected by payment to the Bank of the principal and interest then due without surrender of the 2013 Bond; such payment to be evidenced by the records of the City and the Bank and such records shall be conclusive and binding upon the City and the Owner absent manifest error. Upon a prepayment in whole, the City understands that the Bank will promptly thereafter surrender the 2013 Bonds to the City marked "satisfied" or "paid in full." If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with interest to the prepayment date on such principal amount, shall have been provided to the Owner, as above provided, then from and after the prepayment date interest on such principal amount of the 2013 Bonds which are prepaid shall cease to accrue. If said funds shall not have been so paid on the prepayment date, the principal amount of such 2013 Bonds shall continue to bear interest until payment thereof at the applicable Interest Rate. Any partial prepayment shall not postpone the due dates of, or relieve the amounts of, any payments of interest due hereunder on the unpaid principal of the 2013 Bonds. Once the City prepays a principal amount of the 2013 Bonds, the Bank shall have no obligation to repurchase such amount if the City shall subsequently issue a like amount. Section 2.3 EXECUTION OF THE 2013 BONDS. The 2013 Bonds shall be executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the 2013 Bonds may be manual or facsimile signatures. In case any one or more of the officers who shall have signed or sealed the 2013 Bonds shall cease to be such officer of the City before the 2013 Bonds so signed and sealed shall have been actually sold and delivered, such 2013 Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such 2013 Bonds had not ceased to hold such office. The 2013 Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the 2013 Bonds shall hold the proper office, although at the date the 2013 Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. Res No. 34 -13 "TH The 2013 Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the 2013 Bonds as shall bear thereon such certificate of authentication shall be entided to any right or benefit under this Resolution and no 2013 Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Registrar. The certificate of authentication of the Registrar upon the 2013 Bonds executed on behalf of the City shall be conclusive evidence that the 2013 Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. Section 2.4 NEGOTIABILITY, REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of the 2013 Bonds and for the registration of transfers of the 2013 Bonds. The 2013 Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an "accredited investor" within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented (the "33 Act ") or a qualified institutional buyer under Rule 144A of the 33 Act, in which case such approval shall not be required and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such 2013 Bond, the City shall issue in the name of the transferee a new 2013 Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the 2013 Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such 2013 Bonds, whether such 2013 Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such 2013 Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon his /her order shall be valid and effectual to satisfy and discharge the liability upon such 2013 Bonds to the extent of the sum or sums so paid and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. In all cases in which the privilege of transferring the 2013 Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the 2013 Bonds in accordance with the provisions of this Resolution. The 2013 Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. The City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The 2013 Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar within a reasonable period of time after the payment or redemption is made and such 2013 Bonds shall thereupon be canceled upon written acknowledgement from the Owner that the 2013 Bonds have been paid in whole. The 2013 Bonds so canceled may at any time be Res No. 34 -13 A -8 destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the 2013 Bonds and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). Section 2.5 MUTILATED, DESTROYED, STOLEN OR LOST 2013 BONDS. In case any 2013 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new 2013 Bond of like date, maturity and denomination as the 2013 Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated 2013 Bond, such mutilated 2013 Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed 2013 Bond, there shall first be furnished to the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the 2013 Bonds shall be about to mature or have matured, instead of issuing a duplicate 2013 Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such 2013 Bond their reasonable fees and expenses in connection with this transaction. Any 2013 Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 2.4 hereof. Any such duplicate 2013 Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 2013 Bond be at any time found by anyone and such duplicate 2013 Bonds shall be en6ded to equal proportionate benefits and rights as to lien on the source and security for payment from Pledged Revenues with the 2013 Bond issued hereunder. Section 2.6 CONDITIONS FOR ISSUANCE OF THE 2013 BONDS. Prior to the initial issuance of the 2013 Bonds, the City shall comply with the following conditions: (a) On the Closing Date, deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 2013 Bonds and the Agreement and the due adoption of this Resolution and the Bond Resolution (enforceability of such instruments may be subject to standard bankruptcy exceptions and the like); and (b) Deliver to the Bank one or more certificates of the City in form satisfactory to the Bank certifying, among other things, that the City is in compliance with the terms of the Bond Resolution, including the anti - dilution test set forth in Section 4.E of Article III of the Bond Resolution. Section 2.7 INCORPORATION OF TERMS OF BOND RESOLUTION; EXCEPTION. Unless otherwise provided in this Resolution, the terms and provisions of the Bond Resolution applicable to the 2013 Bonds are incorporated herein by reference and such terms shall have the same effect as if expressly stated herein. Res No. 34 -13 A -9 ARTICLE III COVENANTS, FUNDS AND APPLICATION THEREOF Section 3.12013 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The 2013 Bonds shall not be or constitute an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured and payable solely by the Pledged Revenues. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form of any real property therein, to pay said 2013 Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien upon any property of the City including any Non -Ad Valorem Revenues which have not been deposited into the Debt Service Fund other than the Sale Proceeds and the net proceeds of any Take -Out Bonds when, and if, such proceeds are delivered to the City. Section 3.2 2013 BONDS. The lien of the 2013 Bonds on the Pledged Revenues constituting the Non -Ad Valorem Revenues deposited in the Debt Service Fund shall be on parity with any of the Bonds issued pursuant to the requirements of the Bond Resolution. Section 3.3 2013 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES. From and after the issuance of the 2013 Bonds and continuing until the payment of all 2013 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for the prompt payment of principal of and interest on said 2013 Bonds. Section 3.4 COVENANTS OF THE CITY. As long as any of the principal of or interest on the 2013 Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Debt Service Fund in accordance with Section 4.H of Article III of the Bond Resolution a sum sufficient to pay, when due, the entire principal of the 2013 Bonds remaining unpaid, together with interest accrued and to accrue thereon, the City covenants with the Bondholders as follows: (a) Debt Service Fund. The Debt Service Fund created and established under the Bond Resolution shall constitute a trust fund for the benefit of the Bondholders and shall be held by the City and shall be kept separate and distinct from all other funds of the City and shall be used only for the purpose and in the manner provided in this Resolution. Notwithstanding the provisions of the next preceding sentence, the City may deposit the Pledged Revenues in a single bank account for the City, provided that adequate accounting procedures are maintained to reflect and control the restricted allocations of the funds on deposit therein for the various purposes of such funds. The 2013 Bonds shall have a co -equal lien on the Non -Ad Valorem Revenues deposited in the Debt Service Fund created under the Bond Resolution with respect to any Bonds issued or to be issued under the Bond Resolution (the "Parity Debt "). The Parity Debt shall not have a lien on the net proceeds of any Take -Out Bonds or any Sale Proceeds. The designation and establishment of the Debt Service Fund in and by the Bond Resolution shall not be construed to require the establishment of any completely independent self - balancing fund, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an allocation of certain revenues of the City for certain purposes and to establish certain priorities for application of such revenues as provided herein. Any excess amounts remaining in the Debt Service Fund constituting Non -Ad Valorem Revenues after payment has been made on the 2013 Bonds and any Parity Bonds on any Payment Res No. 34 -13 A -10 Date, may be withdrawn and deposited at the direction of the City to be used for any lawful municipal purpose. Moneys on deposit in the Debt Service Fund may be invested in Permitted Investments as authorized pursuant to the Bond Resolution, provided such investments mature not later than the next succeeding Payment Date. All income and earnings received from the investment and reinvestment of the moneys on deposit in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the same manner as other moneys on deposit therein. (b) Non Ad Valorem Revenues. The City will not repeal, amend or modify any resolution or ordinance or take any action within its power to take relating to the imposition and collection of Non -Ad Valorem Revenues in any manner so as to impair or adversely affect in any manner the availability of such Non -Ad Valorem Revenues to pay debt service on the 2013 Bonds in the manner provided herein. (c) Budget and Other Financial Information. The City shall demonstrate in each annual budget that there are sufficient Non -Ad Valorem Revenues to pay the interest on the 2013 Bonds coming due in such Fiscal Year and sufficient Non -Ad Valorem Revenues to pay the outstanding principal in the Fiscal Year the Maturity Date occurs and to meet the City's other obligations hereunder and under the Bond Resolution. The City shall provide the Bank with a copy of its annual budget within thirty (30) days of adoption, a copy of its Comprehensive Annual Financial Report ( "CAFR "), within two hundred and seventy (270) days after the end of the City's Fiscal Year and, upon the request of the Bank, such other financial information regarding the City as the Bank may reasonably request. (d) Compliance with Bond Resolution. The City shall comply with the terms of the Bond Resolution and shall not amend or supplement the Bond Resolution in any way that would have a materially adverse effect on the Bondholders. (e) Financial Covenants. The City covenants annually that based on the City's most recent CAFR that the net available General Fund Non -Ad Valorem Revenues shall be at least equal to 1.30 times the annual debt service on the 2013 Bonds and any Parity Debt. Notwithstanding the foregoing covenant, the term "debt service" shall not include the principal due on the 2013 Bonds or any other balloon debt or bond anticipation obligations. The term "net available General Fund Non -Ad Valorem Revenues" means all of the Non -Ad Valorem Revenues of the City, including any surplus or excess from prior fiscal years available for general use, minus the cost of the portion of essential governmental services that are payable from Non -Ad Valorem Revenues. The term "essential governmental services" means general governmental and public safety expenses. The City further covenants that so long as the 2013 Bonds are Outstanding and notwithstanding the provisions of clause (ii) of the first paragraph of Section 4.E. of Article III of the Bond Resolution, the coverage shall be "1.30 times average annual debt service" rather than 1.10 times average annual debt service," as set forth in such section. (f) Late Charges. If any payment due the Bank is more than fifteen (15) days overdue, a late charge of six percent (6 %) of the overdue payment shall be payable by the City to the Bank. Res No. 34 -13 A -11 Section 3.5 REMEDIES OF BONDHOLDERS. Subject to the equal rights of any registered owner of Parity Bonds issued pursuant to the provisions of the Bond Resolution, should the City default in any obligation created by this Resolution, the Bondholders may, in addition to any remedy set forth in this Resolution, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution and the Bond Resolution and may enforce and compel the performance of all duties required by this Resolution and the Bond Resolution or by any applicable statutes to be performed by the City or by any officer thereof. The City hereby agrees with the Bondholders that the filing of any bankruptcy or insolvency under any federal or state law by or against the City which is not dismissed with prejudice within thirty (30) days of such filing shall give the Bondholders the right to exercise any of the remedies provided to them under this Section 3.5 and Section 4.G of Article III of the Bond Resolution. Notwithstanding anything in this Section 3.5 to the contrary the Bondholders' right to exercise any remedy permitted hereunder shall be consistent with the rights afforded all registered owners of Parity Debt issued pursuant to the provisions of the Bond Resolution, except that the holders of the Parity Debt shall have no rights or remedies with respect to any Sale Proceeds or the net proceeds of any Take -Out Bonds. Section 3.6 APPLICATION OF 2013 BOND PROCEEDS. The proceeds of the 2013 Bonds received by the City from the Bank shall be used to immediately prepay the Taxable Bonds in full plus pay all unpaid accrued interest thereon to the date of prepayment. Section 3.7 ADJUSTMENTS TO INTEREST RATE. Upon any default by the City under this Resolution, the interest rate on the 2013 Bonds shall be converted to the Default Rate. Notwithstanding any of the foregoing, it is the intention of the Bank (and any subsequent Owner of any of the 2013 Bonds) and the City that the interest rate on the 2013 Bonds never exceed the maximum rate permitted by law (the "Maximum Rate "). In the event the adjustment provided for in this Section 3.7 to the Default Rate with respect to the 2013 Bonds would produce an interest rate on the 2013 Bonds in excess of the Maximum Rate, the Owner shall not be entitled to receive interest in excess of the Maximum Rate (herein, such amount is referred to as "Excess Interest "). At any time thereafter, if the 2013 Bonds shall bear interest at an Interest Rate, which is less than the Maximum Rate, the City shall also pay to the Owner the unpaid Excess Interest until the earlier of (i) the Maturity Date, (ii) the date all of the Excess Interest has been paid, or (iii) any date the combination of the Interest Rate on the 2013 Bonds, plus the Excess Interest, would exceed the Maximum Rate. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.1 MODIFICATION OR AMENDMENT. No modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of all of the Bondholders. Section 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the Vice - Mayor, the City Manager, the Finance Director, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and Res No. 34 -13 A -12 instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions of this Resolution or of the 2013 Bonds issued hereunder. Section 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall take effect upon its passage in the manner provided by law. In the event of a conflict between the provisions of this Resolution and the Bond Resolution, the provisions of this Resolution shall control. Section 4.5 EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED in regular session on this 20th day of August, 2013 FLORIDA ATTEST: By: City Clerk THE CITY OF DELRAY BEACH, By: Mayor Res No. 34 -13 A -13 EXHIBIT A BOND PURCHASE AGREEMENT THIS BOND PURCHASE AGREEMENT (the "Agreement ") dated August _, 2013, by and between TD Bank, N.A., a national banking association organized under the laws of the United States (herein the "Bank ") and the City of Delray Beach, Florida, a municipal corporation of the State of Florida (together with its successors and assigns, the "City "). WITNESSETH: WHEREAS, pursuant to the Act, as such term is defined in Resolution No. 76 -99, as supplemented by Resolution No. 34 -13 (collectively, the "Resolution "), adopted by the City Commission of the City on December 14, 1999 and August 20, 2013, respectively, the City authorized the issuance of not exceeding $2,629,000 in aggregate principal amount of City of Delray Beach, Florida Revenue Refunding Bonds, Series 2013 (Taxable) (the "Bonds "); and WHEREAS, any capitalized term used in this Agreement and not otherwise defined shall have the meaning ascribed to such term in the Resolution; and WHEREAS, on this date, the City has, pursuant to provisions of the Act, the Resolution and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms of this Agreement and the terms and provisions of the Resolution, agreed to purchase all of the Bonds; and WHEREAS, on the date hereof, the Bank shall purchase the Bonds in the principal amount of $ ; and WHEREAS, the City and the Bank have heretofore negotiated the terms of the Bonds and the Resolution and by execution of this Agreement each will have confirmed that such are acceptable. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. Purchase and Sales. Upon the terms and conditions set forth herein and in the Bonds and the Resolution and upon the representations and warranties of the City set forth in the Resolution and other closing certificates, the City agrees to sell on this date the Bonds on a negotiated basis to the Bank and the Bank agrees on this date to purchase, with immediately available funds, the principal amount of the Bonds issued by the City. The purchase price for the Res No. 34 -13 A -14 Bonds shall be equal to the principal amount of the Bonds so issued by the City. Since the dated date of the Bonds is the date the Bonds are issued, there will be no accrued interest as part of the purchase price. 2. Private Placement Negotiated Sale. The Bank hereby acknowledges that the purchase of the Bonds from the City is and will be on a negotiated private placement basis and that there has been no offering document prepared by the City in connection with such sales. 3. Conditions for Purchase. The Bank's agreement to purchase the Bonds on this date is subject to the satisfaction of the conditions set forth in Section 2.6 of Resolution No. 34 -13. The Bank's purchase of the Bonds will constitute full evidence that such conditions have been satisfied or waived. 4. Section 218.385 Florida Statutes. On or before the purchase of the Bonds, the Bank has provided the City with the disclosure and truth -in- bonding statements required by and in accordance with, Section 218.385, Florida Statutes, as amended and supplemented. The above - referenced statements are attached to this Agreement as Schedule A. 5. Expenses. As between the City and the Bank, the Bank shall not be liable for any expenses incurred by the City in connection with the issuance of the Bonds. The Bank represents to the City that it has not employed or used the services of any attorney or other professional in connection with the Bank's negotiations with the City and its purchase of the Bonds other than Gray Robinson, P.A., which fee, in the amount of not exceeding $4,000 shall be paid by the City. 6. Trial bL -Jury Waived. The City and the Bank, for mutual consideration, each acknowledged to be received by the other party hereto, mutually and willingly waive the right to a trial by a jury in connection with any and all claims by any party hereto against the other arising from or in connection with the transactions contemplated by this Agreement, the Line of Credit or the Resolution. 7. Effectiveness. This Agreement shall become effective upon the execution by the appropriate officials of the City and the Bank. 8. Headings. The headings set forth in this Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 9. Amendment. No modification, alteration or amendment to this Agreement shall be binding upon any party until such modification, alternation or amendment is reduced to writing and executed by all parties hereto. 10. Governing Law. The laws of the State of Florida shall govern this Agreement. 11. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. [Signature page follows] Res No. 34 -13 A -15 IN WITNESS WHEREOF, the City and the Bank has caused this Agreement to be executed by its respective duly authorized officers all as of the date hereof. (SEAL) TD BANK, N.A. By: Title: Date: August , 2013 CITY OF DELRAY BEACH, FLORIDA By: Tit] Date: August , 2013 Res No. 34 -13 A -16 No. R- EXHIBIT B FORM OF 2013 BOND The interest on this Bond is includable in thegross income of the Holder for federal income taxpurposes. $2,629,000 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRAY BEACH, FLORIDA REVENUE REFUNDING BOND, SERIES 2013 (TAXABLE) Interest Rate Maturity Date Initial Dated Date Variable April 15, 2016 August , 2013 REGISTERED OWNER: ----------------------------- T.D. BANK, N. A.------------------------- - - - - -- PRINCIPAL AMOUNT: - - - - -- -Two Million Six Hundred Twenty -nine Thousand------- - - - - -- KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City ") in Palm Beach County, Florida, for value received, hereby promises to pay from the sources herein mentioned, to the Registered Owner specified above or registered assigns on the Maturity Date specified above, or earlier upon optional prepayment as provided below, upon the presentation and surrender hereof at the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust company and any bank or trust company becoming successor paying agent being herein called the "Paying Agent "), the Principal Amount outstanding and not previously prepaid with interest thereon at the stated interest rate calculated on the basis of a 360 -day year of 12 thirty -day months, on each Payment Date in the manner specified in the within described Bond Resolution to the registered owner. The interest rate on the Bond may be converted to the Default Rate as provided in the Resolution No. 34 -13. The principal amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of $2,629,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented and other applicable provisions of law (the "Act ") and Resolution No. 76 -99 duly adopted on December 14, 1999 and Resolution No. 34 -13 duly adopted on August 20, 2013 (collectively, the "Bond Resolution "), as such resolutions may be further amended and supplemented from time to time and is subject to all terms and conditions of Res No. 34 -13 B -1 said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida and the Charter of the City applicable thereto and that the issuance of this Bond is in full compliance with all constitutional or statutory limitations or provisions. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the certificate of authentication hereon shall have been signed by an authorized officer of the Registrar. This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in accordance with the terms of the Resolution No. 34 -13. Upon the occurrence of a default by the City under Resolution No. 34 -13, this Bond shall bear interest at the Default Rate. Interest on this Bond shall be payable on December 1, 2013 and each June 1 and December 1 thereafter and principal on the Bonds, unless prepaid, shall be payable on the Maturity Date, provided that, in either case, if such payment date is not a Business Day, the payment shall be made on the next succeeding Business Day (each a "Payment Date "). The principal of and interest on the Bonds shall be secured and payable solely by the Pledged Revenues (as defined in the Bond Resolution), all in the manner provided in the Bond Resolution. Subject to the terms and provisions of the Section 2.2 of Resolution No. 34 -13 of the City, the City may prepay this Bond in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of this Bond, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of such Bond to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal, together with unpaid interest accrued thereon, without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have been provided to the Paying Agent, as above provided, the principal amount of this Bond shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate. Res No. 34 -13 B -2 Any partial prepayment shall not postpone the due dates of, or relieve the amounts of, any payments due hereunder. This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be secured and payable solely by the Pledged Revenues. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. No holder shall have a lien on any Non -Ad Valorem Revenues until deposited into the Debt Service Fund created and established under the Bond Resolution. The terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon and attested by the Clerk of the City, either manually or with her facsimile signature and this Bond to be dated the Dated Date set forth above. (SEAL) ATTEST: C Clerk of the City of Delray Beach, Florida CITY OF DELRAY BEACH, FLORIDA C Mayor Res No. 34 -13 B -3 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: , 2013 This Bond is the Bond delivered pursuant to the within mentioned Resolution. CITY OF DELRAY BEACH Finance Department, as Registrar C Authorized Officer Res No. 34 -13 B -4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name and address of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Signature Guaranteed: In the presence of- 1IPB 383064972v31096787.092400 NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. Res No. 34 -13 B -5 V! Z O U) Ca C O CL LL w J m X Lf) Q O D N Z CL O L m 2 Z Q � wz CO D LL g w J 0 LU Z 0Q L O Z �w U > O w CL w D z w w 0 0 0 a) N CO N .0 Q Q o Q Q M O or) � c6 Z Z o Z Z co �n cfl Z O Q° j j O O N O N >, O M M c6 =3 L C: 70 > > N O N N O N r O r- c6 ) (1) N N = N -0 0 -. - M .- U [ M [ LO (6 U >, _ � i O L J� O U U � � N Q Q U) N L cu 70 O U c6 N + EA EA EA EA CU d N r O c o `/ `/ O L O o _ Y CO o J \° O \° O O z O a) Co +- U" c6 r i U L Q N O U- o m d p LO I� r- 00 O Q E o� N O Q � Q U) U) U c6 a) -0 0 E > U c� c� 0 0 a c O (D a) 75 cv O-0 co oars Q� ��O L X X a a� a a� a o 0 (1) U ii ii X X o ++ E � L O = o o V +, o E >. Z " c C: .� Q N U- L) U O rz N U- L) U O rz N U- L) U O Q L O I-W .s C N Q (6 > O O N _C +O + +r d ++ w ++ w ++ d � v > c6 X > O U Q L CU cu o o .0 Q Q o Q Q M O or) � c6 Z Z o Z Z co �n cfl Z O 1 M � Q U >, O M M =3 L C: 70 cu EA EA c6 ) (1) N N = N a Q cu U (D U >, _ � i O L M C: — N Q Q U) i c6 O U c6 N r O o _ O 'T O o Co a c6 r i U L Q N O U- o d > Q O N cu o N N O Q D L C > U c� c� 0 0 m a g a r o Co a o > a a c c co L X X a a� a a� a y y U ii ii X X o o V +, o E >. O N U- L) U O rz N U- L) U O rz N U- L) U O Q L O I-W + +O + +O + +r d ++ w ++ w ++ d � v > O O O -1 H -i H -i H O S a c°n' MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr. City Manager DATE: August 10, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 GRANT AWARD /RECOVERY ACT EDWARD BYRNE MEMORIAL (JAG) ITEM BEFORE COMMISSION The Police Department requests approval to accept the Edward Byrne Memorial Justice Assistance Grant award (JAG -13) in the amount of $39,868, which is the full allocation requested. The application for this grant was previously approved by Commission on July 9, 2013. The award assists in funding police overtime for the annual Holiday Robbery Task Force. BACKGROUND This is a renewal of a grant we have received for the last several years and there is no match requirement. The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through New Year's Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the holiday season, and has historically been funded through this JAG award. The award document is attached. FUNDING SOURCE Funding is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No match is required. RECOMMENDATION The Police Department recommends approval. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D. C. 20531 August 9, 2013 Chief Anthony W. Strianese City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 -3695 Dear Chief Strianese: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the amount of $39,868 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Stefanie Harris, Program Manager at (202) 305 -8069; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfo @usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures n August 9, 2013 Chief Anthony W. Strianese City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 -3695 Dear Chief Strianese: Department of Justice Office of Justice Programs Office for Civil Rights Washington, D. C. 20531 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http: / /www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non - funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website athttp:// www .ojp.usdoj.gov /ocr /etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements: (1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part -time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website athttp://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs e PAGE 1 OF 7 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2013 -DJ -BX -0337 City of Delray Beach 300 West Atlantic Avenue 5. PROJECT PERIOD: FROM 10/01/2012 TO 09/30/2016 Delray Beach, FL 33444 -3695 BUDGET PERIOD: FROM 10/01/2012 TO 09/30/2016 6. AWARD DATE 08/09/2013 8. SUPPLEMENT NUMBER 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 39,868 Delray Beach Police Department's Holiday Robbery Task Force 11. TOTAL AWARD $ 39,868 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Anthony W. Strianese Director Chief of Police 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. MDJUGTO155 FISCALYFUNDC BUD.A OFC. DIV.RE SUB. POMS AMOUNT EAR ODE CT. G. X B DJ 80 00 00 39868 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 2 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 3 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/fimding/sam.htm (Award condition: Registration with the System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojp.gov /funding /confcost.htm. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http: / /www.ojp.usdoj.gov/ funding / ojptrainingguidingprinciples .htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget - modification or change -of- project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 14. The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's /OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 4 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 ( FFATA), are posted on the Office of Justice Programs web site at http: / /www.ojp.gov /ftmding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A -110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http:// www .it.ojp.gov /gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 5 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 20. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http: / /www.ojp.usdoj.gov /BJA /resource /nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 21. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest - bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF -425). 22. JAG funds maybe used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic - resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any FY 2013 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 24. Ballistic - resistant and stab - resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http: / /nij.gov). In addition, ballistic - resistant and stab - resistant body armor purchased must be American - made. The latest NIJ standard information can be found here: http://www.nij.gov/ topics /technology/body- armor /safety- initiative.htm. 25. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, a per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 26. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http: / /www.it.oj p.gov /default.aspx ?area— policyAndPractice &page =1046. 27. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith - based organizations may, in some circumstances, consider religion as a basis for employment. See http: / /www.ojp.gov /abouUocr /equal fbo.htm. 28. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 29. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs AWARD 0 Bureau of Justice Assistance CONTINUATIONSHEET PAGE 7 OF 7 Grant PROJECT NUMBER 2013 -DJ -BX -0337 AWARD DATE 08/09/2013 SPECIAL CONDITIONS 32. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 33. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https: / /grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 34. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e -mail address. if any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 35. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet - based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 36. No JAG funds maybe expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any JAG funding approved for this purpose would be subject to additional reporting, which would be stipulated by BJA post - award. 37. BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at JAG.Showcase @ojp.usdoj.gov or via the online form at https : / /www.bja.gov /contactus.aspx. JAG success stories should include the: name and location of program/project; point of contact with phone and e -mail; amount of JAG funding received and in which fiscal year; and a brief summary describing the program/project and its impact. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D. C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Delray Beach The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http: / /www.ojp.usdoj.gov/BJA /resource /nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. L• Office of Justice Programs PROJECT SUMMARY rBureau of Justice Assistance N" Grant PROJECT NUMBER PAGE 1 OF 1 2013 -DJ -BX -0337 This project is supported under FY13(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Stefanie Harris Sharon L'Herrou (202) 305 -8069 Administrative Officer 300 W. Atlantic Avenue Delray Beach, FL 33444 -3695 (561) 243 -7852 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) BJA FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local 4. TITLE OF PROJECT Delray Beach Police Department's Holiday Robbery Task Force 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 -3695 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2012 TO: 09/30/2016 FROM: 10/01/2012 TO: 09/30/2016 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 39,868 08/09/2013 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee will use the award to support the Holiday Robbery Task Force. Funds will be used to support the cost of overtime for officers who will be deployed in targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. The project goals are to reduce the number of serious crimes that OJP FORM 4000/2 (REV. 4 -88) occur during the holiday season and make citizens feel safer in their communities. NCA/NCF MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 HOUSING REHABILITATION GRANUCONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder in the amount of $33,209.84. Funding for the project is through the CDBG Housing Rehabilitation Grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation grant to be awarded to the lowest responsive bidder for the following project: 26 NW 11th Avenue, Abisset Corporation, LLC /$30,330.00 = Total Rehab cost: $33,209.84 Grant awards are based on the actual cost of the rehabilitation, as determined by the lowest responsive bidder, plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost may be incurred for lead clearance test. The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write -ups and individual case files are available for review in the Neighborhood Services Division office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in -house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in -house estimate. This serves to disqualify unreasonably low bids and therefore, protect against the resulting change order requests. Mrs. Weatherspoon, is a Delray Beach resident and related to David Weatherspoon and Jerome Weatherspoon, who are employed with the City of Delray Beach's Police Department. Mrs. Weatherspoon has applied for assistance through the City's Housing Rehabilitation Programs. Mrs. Weatherspoon has been qualified for eligibility through the same process applicable to all applicants and will receive the same benefits available to all eligible applicants under the City program. HUD has permitted to participate in the Program. The City Attorney's Office has reviewed the City of Delray Beach Code of Ethics and the legal opinion is that Mrs. Weatherspoon's participation will not in any way violate the City's Code of Ethics. The City also placed an advertisement of Notice of Employee Participation in the June 1, 2013 issue of The Palm Beach Post. FUNDING SOURCE Community Development Block Grant 118- 1963 -554 -49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation grant award to the lowest responsive bidder in the amount of $33,209.84. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID /QUOTE #: 06- 2013NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING Nathlie Weatherspoon 26 NW 11th Avenue May 17, 2013 June 10, 2013 GENERAL CONTRACTORS Abisset Corporation All Phase Roofing AMR Properties Group Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. CSB Construction, Inc. JIJ Construction Corp. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Stacy Bomar Construction, LLC. Sunband Builders Construction Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID /CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT BID AMOUNT $ 30,330.00 BID BOND yes Statement of no bid yes yes yes no yes yes yes $ - $ 37,865.00 $ 39,420.00 $ 33,440.00 $ 39,562.00 $ 36,175.00 $ 38,815.00 $ 45,377.00 $ 33,909.95 Abisset Corporation $ 30,330.00 $ 1,516.50 $ 31,846.50 450.00 N/A N/A 894.24 19.10 33,209.84 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118 - 1963- 554 -49.19 COMMENTS: Recommend awarding to lowest responsive bidder O N 0 0 W 0 0 0 (U � 0 Q Q M M 0 0 F- w 0 Z w NO 0 LU F- O LU D Z 0 0 0 0 w Z 4Ovvo � Maui n�Is4 9TjarS 00 °4r sa �A /JOr��nOS 04r�-' �Is4 8S� °0 4a 4p /Io�j�ra�o� -� -" /, .Ioa�r40� aI A�OS s40 � rib9 `rdiib 4��ra�o Iass 'o) r4y as 7py 4r 0 0 W 0 0 0 0 0 Q 0 0 0 0 0 F- w 0 Z w M 0 LU F- O LU D Z 0 0 0 0 w Z H 0 0 0 N w Z 0 0 0 ul 0 Q O 0 M O Q m m 4Ovvo � Maui n�Is4 9TjarS 00 °4r sa �A /JOr��nOS 04r�-' �Is4 8S� °0 4a 4p /Io�j�ra�o� -� -" /, .Ioa�r40� aI A�OS s40 � rib9 `rdiib 4��ra�o Iass 'o) r4y as 7py 4r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O E 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O N LO O O O O LO 0 0 0 0 0 0 LO O O I- M Cf) LO N LO LO I— Cl) Cf) O) Cr) O Cf) LO 00 O OC LO I— 0) CO 0 M 0 CO LO 1* O Cf) LO CO O OC I— -* O c0 O -Z: r- M Lo 00 M— N M- M LO N LO Eo� Eo� Eo� Eo� Eo� Eo� Eo� lb� lb� lb� lb� lb� lb� lb� lb� lb� lb� lb� Eo� Eo� E� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ooLriooLri000Lri000000000o Lri 0) M N N I— O I— 00 Vll M 00 M LO N 00 V I— M 0') CO CO O I— CO N LO LC I— O N OC 00 CO O M O 00 CO 00 LO — N N N N 00 M lb� lb� lb� lb� lb� Eo� Eo� Eo� Eo� Eo� Eo� Eo� Eo� Eo� E) v). v). v). v). lb� lb� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O D C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 000LO 00000LO 00000Lo 0000 LO N c0 O LO N W O V O N O N N M O I� I— M r— co O LC O I� O N O M r— o0 O V CO 00 N O M I� V 0) --* N— N N N CO M EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT ER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O N O O O O O O O O O O O O O O O O O N o M lO . 0 M 0 O 0 O 0 Lf) 0. 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O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O LO N LO 10 O V O O N I— O 0) O Lf) 0) 00 N O O O CO N 0 00 0 0 0 0 0 0 0 oc N "* I— r— LO N N N N CY) lb� lb� Eo� Eo� Eo� Eo� Eo� Eo� Eo� Eo� E0l E0l E0l E0l E0l E0l E0l E0l E0l lb� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Lo Lo Lo Lo O O O O LO LO O LO LO O LO O LO O LO LO O OC N 00 N I_ I— � O M CO 0) O O N I— M CO V O -4 I— CO r— M 0 OC CO 0) O OC N N LO V CO 0) CO 00 LO CO CO N N N N N I- M E� E� E� E� E� E� E� E� E� E� E� E� E� E� E� E� E� E0l E� E� E"', 0 m O E� 0 0 0 0 0 0 0 0 0 0 0 0 C D 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ooLo Lo Lo 0000LoLo x) 00000000 0 O O O N N N CO I— 00 O CO O O Lf) O O LO CO I— M O— O I— Lo M O O-* � 00 O 0) Ln � O M* 00 M M LO M N N O M EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT O I I EFT O LO O O O O O O O O O O O O O O O O O O LO O I— O O O O O O N O 0 0 0 0 0 0 0 0 0 0 0) orioLOLfi000 LOLfiooLOLOCDLfi000 Di Lf) OC M N Lf) N 00 I— r_ LO 00 LO � r— 00 l!') 0) N M 0) M O 00 LO O N N I— oc LO LO I— M M N N V LO N O 0) M CO M — N M M ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER O O O C N N N O X U_ a) U X ii 0 U °� U Y O o E a ) im cU n p N> U a = J O U — O i i ~ 0 '� C .� O Zi ' Y Q 'O O 0 U) Z X Q m a� .o m cn O O °� a`) a) OF EU °� -0 m W cW Z UZW c�YHH >> c1)ELo (0 Q N (0 (0 (0 Q0 (0 (0 (0 Q Q N N 70 70 Q in a) o in in in in 'co a) w w w a) O in in t5 a) c = c c c c am c c c c of a- U c c c of N M V Lf) CO I-- M MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Director of Parks and Recreation Alberta Gaum, Recreation Superintendent THROUGH: Louie Chapman, Jr., City Manager DATE: August 15, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ACCEPTANCE OF BUILDINGS, PLAYGROUND AND PARKING SPACE/ PALM BEACH COUNTY HEAD START ITEM BEFORE COMMISSION Request Commission approval to accept buildings, playground, and parking spaces from Palm Beach County Head Start site located at SW 6th Street within Catherine Strong Park. BACKGROUND Palm Beach County has leased approximately one acre of property from the City located on SW 6th Street within Catherine Strong Park on which the County has operated a HeadStart Program since 1996 (Lease #1- R96- 984D). That lease has been extended three times with the most current amendment having a term extending through July 22, 2015. During the term of Lease #1, the County operated the HeadStart facility from a series of modular units which the County always envisioned would eventually be replaced with a permanently constructed facility. However, due to the economic decline in 2008, a different solution was implemented. Therefore, the School Board and the County entered into a partnership which will locate the current HeadStart program to the Village Academy. This partnership will allow the County to vacate Lease #1 between the County and the City and surrender the property most likely by the end of the calendar year. In lieu of the County demolishing the (4) modular classrooms, (1) playground concept and leveling the parking lot which includes (17) parking spaces and (2) handicap spaces they would like to leave them in place for the City to utilize for the Community. On August 15, 2013, County and City staff toured the HeadStart site. Steve Tobias, City Building Inspector, stated, "the structures for proposed City use, are well maintained and appropriately appointed with toilet rooms, lighting, ventilation, and ADA accessibility." The only areas he felt needed to be reviewed were the annual cost history for "routine maintenance" and a monthly history for utility costs. Upon our request, Mr. Chauncey Taylor, Director PBC Facilities Development & Operations, submitted a graph showing a monthly cost for electric from January 2013 through June, 2013. The cost for the 6 months is $5,848.72. The annual maintenance costs for the modulars averaged approximately $20,000.00 annually over the past (5) years. In 2009, PBC installed a new Bard air - conditioning unit and in 2012, new flooring was completed in the modulars. The County previously reimbursed the City for our utility charges (for example, FY I 1 charges were $4,928.58). Parks and Recreation Staff envision this site as an opportunity to develop Catherine Strong Park into a full recreational facility. The uses are endless as well as partnerships the City would be able to enhance. • Afterschool program which includes winter, spring and summer camps • Pre - school program • Mentoring Club - specializing in athletics, education and social etiquette • Instructional classes- computer skills, reading, ESE classes • Wellness and Health program • Community meetings • Senior programs • Community help center such as the Community Action facility Staff feels that the proposed buildings have a value for the City of Delray Beach, not only in dollars and cents, but a value to our community that far exceeds a monetary number. RECOMMENDATION Commission discretion is recommended for the acceptance of buildings, playground and parking spaces from Palm Beach County. ?,A Agenda Item #: P BEACH COUNTY BOARD OF COUNTY COM!'tISSIONERe may. AGE—RDA T S � TT^ , _ Heating Date! July 23, 1996 j ] Consent Lx] Regular Departments L ] 'Ordinance ( ] Public Hearing Submitted By: Facilities Development F operations /pREM Submitted Fort community Services /Headstart i Childrens Services Div. EXECUTIVE BRIEF A. Motion and Title; Staff recommends motion to approve: Agreement with the City of Delray Beach. A Lease B. Summary: Community Services is proposing to lease approximately 1 acre of land on SW-6th Street from the City of Delray Beach for a Headstart day care facility. This property is part of to acres the County conveyed to the City in 1994. The term of the lease is for 5 years with an option to extend for 5 years, Rent is $1 per year, The City will extend water and sewer to the property. The day care facility will be developed using 4 modular units acquired with Federal Funds. In the event Headstart is able to raise sufficient funds for construction of a permanent facility, this Lease provides that the City will give the County 2.25 acres, plus any additional area required for drainage and utilities. If the City's development plans for its 10 acre tract cannot accommodate the permanent Headstart Facility, the City will acquire and give to the County a suitable parcel, located within the target area served by the County's Delray Beach Headstart program. District BH C. Background and Policy Issues: Approximately 33 years ago the City of Delray Beach constructed the Catherine Strong Recreational Center on county - owned land located on the SW corner of sw 14th Avenue and SW 6th Street in Delray Beach. For the past 13 years, the County has continuously operated a day care center at this facility as part of the County's Headstart program. on December 4, 1994 the Board approved the conveyance of the County's interest in the land encumbered by the Catherine Strong Recreation Center and additional surrounding vacant land totalling 10 acres to the city (R94- 1662D). This Conveyance was subject to the restriction that the property be -ised for parks and recreation and other public purposes. Additionally, ieadstart was allowed to continue to use the Recreational Center until their )roposed relocation to the Old Carver Middle school. ** CONTINUED ON PAGE 3 ** Attachments: 1. Location Map 2. Lease Agreement 'Commended By: 9rd ,l }...__ 'Date C7 proved By: Deputy County Administrator ate "725 ages- eWstart. del : L- �'' � �: •' /G / F E 1 II. FISCAL IMPACT ANALYSTS A. Five Year Summary of Fiscal Impact: Fiscal Years 1996 1997 1998 1999 2000 Capital Expenditures operating Costs 1.00 1.00 1.00 1.00 1.00 External Revenues Program Income (County) In -Kind Match (County) NET FISCAL IMPACT # ADDITIONAL FTE POSITIONS (Cumulative) is Item Included in Current Budget: Yes $ No Budget Account No: Fund_ /J35 Agency Jy-t_ Org Object Reporting Category B. Recommended Sources of Funds /Summary of Fiscal Impact: C. Departmental Fiscal Review: 111. REVIEW COMMENTS A. OFXB Fiscal and /or Contract Development Comments: oVXB nt eat Dev. an ontrol� %� %�� nEa��(%)M lies B. Legal Suff' ncy: r �r Lei t o"r mo," � T 4,ukp e n f�1 49 - *rye c,.,CpC'S fiWi&uU1`} 1 kP_CcSe. t0ZAS �fAP_-6et Aec� - Assistant Colinty Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 2 aakaround and policy 2sSues, Since the School Board has decided not to proceed with its renovation of the Old Carver Middle School, and in view of the absence of a alternate facility, Headstart continues to .operate its day care facility suitable le the Catherine Strong Recreation Center on a month -te_ month tenancy. However, the City of Delray Beach has recently entered into a lease agreement with the Boys and Girls Club Of Palm Beach County, Inc. Strong for the Catherine Center property which the city believes will inorease the recreational and educational Opportunities in the southwest section of the City. To accommodate Headstart's continued operation corner of the Catherine Strong Ce in the Delray Beach area, the City has agreed to lease approximately one acre of vacant land on the Nw nter property to the County for use in the establishment and operation of a Headstart day care center. This center will be housed in 4 modular buildings Providing approximately 4,600 SF of classroom space which will be acquired with Federal funds from the U.S. Department Of Health and Human Services. The term Of the applicable lease agreement is for a period of 5 years with an option to extend for an additional 5 years. The rent is $1 per year and all operating and maintenance costs associated with this facility will continue to be the County's responsibility. The city, at its sole cost and expense, will extend water and sewer lines to the Premises and will pay all connection fees and costs necessary to initiate water and sanitary sewer service to the Premises. Pursuant to the attached lease agreement the County has the option to reacquire at no cost from the City a portion of the Catherine Strong Center property consisting Of 2.25 contiguous acres of vacant land, together with such additional area as may be required to provide drainage and utilities, for use in the construction of .a permanent Alternatively, child care cuter, ativelY, if the City determines through its Master Plan planning Process for the Catherine Strong Center property or other analysis that the day care center facility cannot be accommodated on this property, the city, at its sole cost and expense, has agreed to acquire and convey to the County an alternate requirements and be located nWithin the htargetparea served eby the County's Delray Beach Readstart' program. The County would exercise this Option by notifying the City that the County has sufficient funds to construct a Permanent day care facility. Upon completion of said construction the attached lease agreement would expire. rte. LOGAT S C) P4 hfiJ4F=l l 5 R96 984 D �IwiY+ ki�wwiw�flf4' A+ k�►* ieA'# �4w�fA+ AisFtlt4wfk# �i* i�7k# *Ai$tFaF7ki'Aiiwi #i *a6�k�lM#'# #iii #i�Li *�k LEASE AGREEMENT between CITY OF DELRAY BEACH, FLORIDA (Lessor) and PALM BEACH COUNTY, FLORIDA on behalf of DEPARTMENT OF COMMUNITY SERVICES HEAD START AND CHILDREN SERVICES DIVISION (Lessee) i# i* ii# ii##*###* i* �i-# i# i** i ** ;+k�r { *�yi#iiir # #7��► * * *tk *i #irk *i # * * # * *i #i *# TABLE or GoNTENTS ARTICLE I BASIC LEASE PROVISIONS Section 1,01 Premises.•a.. . +.,,.. ....,r. Section 1.02 Parking... ..r....,.•...... 1 Section 1.03 Length of Tenn andiCommencementDate..'....... I Section 1.04 Option to Extend.•,.•...a.,,,,, •....... 1 ARTICLE Ix REST Section 2.01 Annual Rent.. ... Section 2.02 Assessments... ..•..•i....,..i...Y....... 2 ARTICLE III CONSTRUCTION OF LEASED PREMISES Section 3,01 Lessor's Work.. Section 3.02 2 (a) Lessee's Work.... (b) Alterations., 2 (c) Construction Liens .........'••..•.••..... .... 2 2 ARTICLE IV CONDUCT OF BUSINESS AND USE BY LESSEE OF PREMISES Section 4.01 Use of Premises Section 4.02 Waste or' Nuisance.•.a . ............'•.•'a " ••. 3 Section 4.03 Governmental Regulatioris....•..........Y.Y. .. 3 Section 4.04 Surrender of " " " •'•••••• 3 Premises.i.......i ............... 3 ARTICLE 4 REPAIR$ AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of Lessor and Lessee. Section 5.02 Responsibility of Lessee Regarding Alterations 3 and Personal Property........... 3 ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 Liability Insurance., Section 6.02 Indemnification 4 ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS.........,. 4 ARTICLE VIII UTILITIES AND SERVICES.......... ARTICLE IS ASSIGNMENT AND SUBLETTING .....,. ARTICLE X DEFAULT OF LESSEE Section 10.01 Events of Default,. Section 10.02 Waiver, Accord and Satisfaction.. ••" 5 Section 10.03 Enforcement Costs...., ...... ' "" 5 ........................ 5 ARTICLE %I ANNUAL BUDGETARY FUNDING /CANCELLATION........ . 5 ARTICLE XII QUIET ENJOYMENT Section 12.01 Lessor's Covenant.,, ARTICLE %III OPTION TO REACQUIRE A PORTION OF THE PROPERTY 6 ARTICLE XIV MISCELLANEOUS Section 14.01 Entire Agreement., Section 14.02 Notices " " " " " • " 6 Section 14.03 Brokers Commission ..............A......'...•. 7 Section 14.04 Severability., 7 Section 14.05 Caption9. a .....•.•i........Y...•......... 7 Section 14.06 Recordi ng .......................... ....•... •. 7 Section 14.07 Governing Law.. '..........Y ..............•.... 8 Section 14.08 Time of Essence ....•.•.•••... ..•••••.••.'..•. 8 Section 14.09 Benefit and Binding Effect .............•.••••. 8 8 Exhibits Exhibit "A" Legal Description of Lessor's Property....., 9 Exhibit "S" Site Plan ....................... THIS LEASE AGRBmXENT, made and entered into this day of 1996, by and between the CITY OF DELAY BEACH, PLO D �sarei rafter referred to ap eoL&Sdor" and PALM BEACH COUNTY, a PolitlCtl subdivision of the state of Florida, on behalf of the Departmen of Community Services, Head Start and Children services Division, hereinafter referred to as "Lesseell. WITNEBSETHS WHEREAS, Lessor is the owner Of certain real property in Palm Beach County, Florida, as said property is legally described in Exhibit "A!' attached hereto and by reference made a part hereof (the "Property "); and WHEREAS, Lessee desires to lease a portion of the Property for use in the establishment and operation of a day care center for its Head Start Program; and WHEREAS, Lessor is willing to lease a portion of the Property to Lessee for said purposes. 1 NOW `i'HERBrORE, in consideration of the rents, covenants and agreements. hereinafter reserved and contained on the part of the Lessee to be observed and Performed, Lessor demises and leases to Lessee and the Lessee rents from Lessor the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section i.o1 Premises. The 0.994 acres Of Slandsubject located this on the r no thwesto corner xof -the Property, fronting on 6th Street, Delray Beach, Florida as depicted as "Lease Area 211 on the Site Plan attached hereto as Exhibit "B ", together with Lessors interest, if any, in all improvements and appurtenances thereto (the "Premises ,,). Lessor hereby grants Lessee a non - exclusive easement across the Property for ingress and egress to the Premises, during the Term of this Lease. Section 1.02 Parking The use and occupancy of the Premises by the Lessee shall include free parking on the parking lot located east of and adjacent to the Premises for the Lessee, its agents, employees, licensees and invitees. Section 1.03 Length of Term and cammencement Date. The Term of this Lease shall commence upon the date of full execution of this Lease (the "Commencement Date ") and shall extend for a period of five (5) years thereafter, unless sooner terminated pursuant to the provisions of this Lease (the "Term"). Section 1.04 option to Extend. (a) Lessee is hereby granted the option to extend the Term of this Lease for one (1) additional period of five (5) years (the "Extended Term ") under the same terms and conditions specified herein. (b) Lessee shall exercise its right to extend the Term in the following manner. At least ninety (90) days, but not more than one hundred fifty (150) days prior to the expiration of the Term, Lessee shall notify Lessor in writing of its election to exercise Lessee's right to extend the Term of this Lease. ARTICLE zI RENT Section 3.01 Annual Rent. The Rent payable annually in advance by Lessee for the Term of this Lease for the use and Occupancy of the Premises is One Dollar ($1.00) per annum, Lessee is a tax exempt entity as evidenced by tax exemption # 60- 2213.419753 C. No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lease. Payment of Runt will be mailed to Lessor as stated in section 14.02 Of this Lease. Section 2.02 Assessments. During the Term of this Lease Lessee shall pay before delinquency all assessments that may be levied by any governmental authority against the Premises or Lessee's Alterations constructed on the Premises. ARTICLE III CONSTRUCTION OF LEASED PREMISES Seaticn 3.01 Lessor +s Work. within three (3) months following the commencement Date of this Lease, Lessor, at its sole cost and expense, shall extend the water and sanitary sewer lines located on the north side of the Property to the Premises. In addition, Lessor shall pay all connection fees and costs necessary to initiate water and sanitary sewer service to the Premises. The foregoing water and sanitary sewer improvements will remain the property of the Lessor. Other than as specified in this Section 3.011 no other alterations or remodeling of the Premises is required to be done by Lessor as a condition of this Lease. Section 3.02 (a) Lessees Work. Lessee agrees at its own cost and expense to perform all work, other than Lessors work,'which is necessary to fully equip and maintain the Premises for the lawful use of the Premises as specified in Section 4.01 of this Lease. (b) Alterations. Any installation, alteration, improvement, addition or modification to the Premises by Lessee (hereinafter collectively referred to as "Alterations"), the value of which exceeds Twenty Five Thousand Dollars ($25,000), shall require the prior written consent of Lessor in each instance. Lessee shall submit detailed plans and specifications for all such Alterations to Lessor for Lessors written approval prior to Lessee's commencing work on same. Lessor shall provide. written response to Lessee within fifteen (15) days after receipt of request submitted by Lessee. Lessor hereby agrees to assist the Lessee in mitigating the impacts of parking, landscaping and drainage requirements resulting from Lessee's permitted use of the Premises to the extent permitted by applicable codes. Lessee acknowledges and agrees that all Alterations, whether pursuant to this Section or otherwise, are Performed and accomplished solely for the benefit and convenience of Lessee, and not for the benefit of Lessor, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by Lessee in connection with any Alterations, repairs and maintenance on the Premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with the plans and specifications therefor. construction Construction Lien a , Florida Statutes Chapter shall 713, Part 1, in the construction of any Alterations to the Premises, and shall where required, obtain a Public Performance Bond in accordance with Florida Statutes 255.05 prior to commencing any such Alterations. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of Lessee, the Lessee shall promptly take action to have the lien removed from the Premises. further, Lessee to the extent permitted by law, agrees to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by Lessor as a result of any such construction lien. ARTICLE IV CONDUCT OF BUSINESS AND USE OF PRzXISES BY LESSEE Section 4.01 Uaa Of Promises. Lessee shall use and occupy the Premises for the establishment and operation of a child day care center, business office, meeting room and recreational center in conjunction with its Bead Start child care and development program and for no other purpose or use whatsoever, without the prior written consent of the Lessor. Lessee's obligations under this Lease are contingent upon Lessee's permitted use of the Premises being allowed under all applicable zoning laws, rules and regulations affecting the Premises. Section 4.02 Waste or Nuisance. Lessee shall not commit or suffer to be committed any waste upon the Premises or and► nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect Lessor's interest in the Premises. Lessee shall not dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in Lessee's operations, on the Premises or the Property generally, in any manner not permitted by law. All refuse is to be removed from the Premises at Lessee's sole cost and expense and Lessee will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Lessee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 4.03 Governmental Regulations. Lessee shall, at Lessee's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to Lessee, its use of the Premises, or the Premises generally. Lessee shall, to the extent permitted by law, indemnify, defend and save Lessor harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from Lessee's failure to perform its obligations in this Section. Section 4.04 Surrender of Premises. Upon termination or expiration of this ,Lease, Lessee, at its sole cost and expense, shall remove Lessee's personal property and removable fixtures and equipment from the Premises and shall surrender the Premises to Lessor in the same condition the Premises were in as of the Commencement Date of this Lease, reasonable wear and tear excepted. Upon surrender of the Premises, title to any and all remaining Alterations shall revert to Lessor. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of Lessor and Lessee. Lessor shall not be obligated or required to conduct any maintenance or make any repairs whatsoever to the Premises. All Portions of the Premises, and all Alterations constructed on the Premises shall be maintained and kept in good repair and condition by Lessee at Lessee's sole cost and expense. Lessee's maintenance responsibilities shall specifically include maintenance of the fenoingr grounds dnd irrigation systgM and the painting of bUi,idinge located Ail Or Within the P emisea. 840tion 5.02 ResBexlsibility Of Lessee Regarding Alterations and Personal property. All Alterations and personal property of Lessee shall remain the property at the Lessee at Lessee's sale risk for the Term of this Lease, or any extension or renewal hereof. ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 Liability Insurance. Lessee shall, during the entire Term hereof, provide Lessor with a certificate evidencing self- insurance coverage for comprehensive general liability in the amount of $100,000 per person and $200,00o per incident or occurrence. In the event the below lthe r should sumainaured against, instesLesseeeshallre by Statute above or the extent of that exposure, provide Insurance to Saotion 6.02 Indemnification, Lessee shall, to the extent permitted by law, indemnify and save harmless Lessor from and against any and all claims, suits, actions, damages and /or bauses of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the premises by Lessee, its agents, employees, licensees and invitees, and from and against any orders, judgements, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. Nothing herein shall constitute a waiver of the sovereign immunity of either party, as provided in Florida Statutes 768.28 as amended. ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS In the event any of Lessee's Alterations shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, Lessee shall commence or restoration removal thereof within one hundred twenty (120) days and thereafter diligently pursue the restoration or removal to completion. Notwithstanding the foregoing, in the event of any such casualty, Lessee shall have the right, to be exercised in its sole discretion, to terminate this Lease. In the event Lessee elects to terminate this Lease, Lessee shall first place the Premises in a safe and sightly condition in compliance with all Building, Fire and other applicable codes and shall at the request of Lessor remove any improvements which are materially damaged. ARTICLE VIII UTILITIES AND SERVICES Other than as provided in Section 3.01 of this Lease, Lessee shall make arrangements for the supply to the premises of any and all utilities and services 7reguired by Lessee by contracting directly with the utility or other companies furnishing such utilities and services to the Premises. Lessee shall be solely responsible for and promptly pay directly to the utility or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Premises. ARTICLE IX ASSIGNMENT AND SUBLETTINQ Lessee may not assign, mortgage, pledge or encumber this Lease in whole or in art, nor sublet all or any portion of the Premises, without the prior written consent of the Lessor. All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of Lessor, which approval shall not be unreasonably withheld. Any easement, assignment or sublease not approved in writing by Lessor shall be void and without legal effect. ARTICLE X DEFAULT OF LESSEE section 10.D1 Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default by Lessee under this Lease; Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in this Lease on Lessee's part to be performed or observed and such failure shall continue for more than thirty (30) days after notice from Lessor; (ii) Lessee shall vacate or abandon the Premises; or (iii) Lessee's leasehold estate shall be taken by execution, attachment or process of law. if any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Lessor shall have the right to give Lessee notice that Lessor intends to terminate this Lease upon a specified date not less than three (3) days after the date notice is received by Lessee, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within the three (3) day period and Lessor is so notified, this Lease will continue. Section 10.02 waiver, Accord and satisfaction. The waiver by Lessor of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The 'consent or approval by Lessor to or of any act by Lessee requiring Lessors consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar act by Lessee. Section 10.03 Enforcement Costs. In the event any action, suit or proceeding is commenced with respect to interpretation or enforcement of this Lease, the prevailing party therein shall be entitled to recover all costs, expenses and fees, including, without limitation, reasonable attorney's fees, expended or incurred by such party in connection therewith, including any such costs, expenses and fees upon appeal and in post judgement proceedings. ARTICLE XI ANNUAL BUDGETARY FUNDING /CANCELLATION This Lease and all obligations of Lessee hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. notwithstanding anything in this Lease to the contrary, Lessee shall have the right to cancel this Lease for any reason upon six (6) months prior written notice, whereupon the parties shall be relieved of all further obligation hereunder. 5 ARTICLE XII QUIET ENJOYMENT seotl,oa 12.01 Lesearta Covenant. LTiaon the observance and performance of all the cavenanta, terms and Conditions an Leasee's part to be observed and performed, Lasses m h pby des anti'uittlY hold and enjoy the Premises for the Term hereby des sea W thsout .hinderanae or interruption by Lessor or any other pexffian or claiming lay► through or under the Lessor, su lawfully nverthegl equitably the terms and Conditions of this Lease. OPTION To REACQUIRE A PORTION or THE PROPERTY Lessor hereby Lessors request, acknowledges that Lessee, in response to conveyed the Property to Lessor for use solely and exclusively for public park and recreational purposes, or other public purposes. Lessor hereby grants the Lessee the option to reacquire a portion of the Property consisting of a 2.25 contiguous acres of vacant land, together with such Padditional area as may be required to provide drainage and utilities, for use in the construction of a permanent Head Start Child care center (the "Facilitya). The location of said land on the Property will be identified on a Master Plan for the Property which the Lessor Will complete and submit to Lessee prior to the expiration of the initial Term of this Lease. In the Lessee notifies the Lessor prior to the completion event of s the aid Master Plan that the Lessee has sufficient funds to design and construct the Facility, the e in the Lessor at the request of the Lessee., shall designate which portions Of the Property the Lessee may reacquire for us construction of the Facility. Lessee shall exercise its right to reacquire this land during the Term of this Lease or any extension thereof by submitting detailed plans and specifications for the Lessor's written provide ywri ten Lresponserto Lessee within ninetval. receipt of Lessee's Lessor shall Lessor's a Plans and specifications. y Upon receipt after ' approval of the plans and specifications, Lessee shall deliver to Lessor a certified survey and legal description of the Portion of the Property designated by Lessor as the site for the construction of the Facility and Lessor shall then reconvey title to said land to Lessee, without charge therefore. Notwithstanding anything in this Article XIII to the contrary, in the event the Lessor determines through its Master Plan planning process or other analysis that the Facility cannot be accommodated on the Property, the Lessor hereby agrees, at its sole cost and expense, to acquire and convey to Lessee an alternate parcel of vacant land which meets Lessee's requirements and which is'located within the target area served by the Les Start program. eses Delray Beach Head In the event Lessee has exercised its option to reacquire a portion of the Property, this Lease shall remain in full force and effect until Lessee has completed the construction of the Facility whereupon this Lease shall them expire and the parties shall be relieved of all further obligations hereunder. ARTICLE XIV MISCELLANEOUS Section 14.01 Entire Agreement. This Lease and any Exhibits attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. Section 14.02 Notices. Any consents, approvals and permissions by Lessor shall be effective and valid only if in writing and any notice by either party to the ether shall be in writing and shall be deemed to be duly giv ®n anly if mailed prepaid by certified mail return receipt requested, addressed: (a) If to Lessor at: City of Delray Beach Office of the City Attorney 200 N.W. 2st Avenue Delray Beach, FL 33444 (b) If to Lessee at: Property and Real Estate Management Division Attn: Director 3323 Belvederd Road, Building 503 West Palm Beach, FL 33406 With a copy to: Palm Beach County Attn: County Attorney 301 North Olive Avenue West Palm Beach, FL 33401 Either party hereto may change the address for service of notices required or permitted hereunder upon ten (10) days prior written notice. All notices given hereunder shall, be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall she notice to have been delivered, refused, or undeliverable, how t he evidenced by the return receipt. Section 14.03 Brokers commission. The parties hereto represent and warrant o the other that t there are no claims for brokerage commissions t finders fees in connection with the execution of this Lease, and agree to indemnify, defend and save the other harmless from all liabilities arising from any such claim including, without limitation, the cost of counsel fees in connection therewith. Section 14.04 severability. If any term of this Lease, or the application thereof to any Person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. Section 14.05 captions, The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. eeation 14.06 Recording. Lasses shall not record this lease, or any memorandum or short form thereof, without the written Consent and joinder of Lessor. 8e0tion 14.07 aoverninq Law. This Lease shall be governed by and interpreted according to the Laws of the State of Florida and venue shall be in Palm Beach county, Florida. Section 14.08 Time of Essence. Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a certain time period, or upon a specified date. Any reference to a n number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday-shall extend to 5:oo p.m, EST of the next business day. Section 14.09 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IP[ WITNE88 WHEREOF, Lessor and Lessee hereto have duly executed this Lease as of the day and year first above written. ATTE 4/ / city ulerx ,r jAPD AS TO AL SUFFICIE ty Atto ne ATTEST: UURUTHY WILKEN, g �!N'I By: r�r ��BEgc� eputy Clerk • Sm; COUNTY, OR 10' APPROVED 3 O FORM E,3R�`5y0 AND LEGA FICIENCY Asst. C u Attorney a mrEagreeMMELRAYAS 07/01146 LESSOR: CITY OF DE Y BEACH"' By: ` a r Pote: R96 984 4 LESSEE: PALM BEACH COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE,OF "LORIDA BY: JUL 2 3 1596 it EXH133IT +rA +F LEGAL DESCRIPTION OF LESSOR'S PROPERTY THE WEST 1/2 OF LOT 18, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 6 9 i eAArrA "rAAA I i �� F f ever .,rA , I i 94W, AWA a ,+ iT .WT.MfA, Ar. r , t ° PRENTSES.° • • • + • f } i 1 s I C V 6met AA ! •'e j u! I !rr s r 1/, e R r !, , t o r s ON 7! —s 1. +•e I i i MW AM . f� •t j +c Rt i aaa. rs `r. f �O tE aAr /A to AN Nrr:,v t, rrN l70N LL 7RCTJ° r- j P A o t eC ( Nor P e A r r t 0 i f i ji Mai mmn°a! Wonve ads ♦&MRAC I ' r a 10 R2006'0984 AMENDMENT NUMBER ONE TO LEASE AGREEMENT THIS AMENDMENT NUMBER ONE TO LEASE AGREEMENT (the "Agreement ") made and entered into JUN as , 2006 by and between the CITY of DELRAY BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Department of Community Services, Head Start and Children Services Division., hereinafter referred to as "Lessee ". WITNESSETH: WHEREAS, Lessor and Lessee entered into an Agreement dated July 23, 1996 (R96- 984D), for the lease of Premises to be used for the establishment and operation of a child day care center, business office, meeting room and recreational center in conjunction with its Head Start child care and development program as described in the Agreement; and WHEREAS, the Terra of the Agreement, as extended by the Renewal of Lease Agreement dated April 3, 2001 (R2001- 0481), currently expires on July 22, 2006; and WHEREAS, the parties desire to extend the Term of the Agreement for an additional five (5) year period commencing on July 23, 2006 and extending through July 22, 20 L 1. NOW, THEREFORE, in consideration of the Premises as hereinafter defined and the mutual covenants hereinafter set forth, the Agreement is amended as follows: 1. The recitals set forth herein above are true and correct and incorporated herein by reference. 2. The Term of this Agreement is hereby extended for a period of five (5) years commencing on July 23, 2006 and expiring on July 22, 2011, 3. Notwithstanding the foregoing or anything in the Agreement to the contrary, County may cancel this Agreement for any reason upon ninety (90) days prior written notice to Lessor, whereupon the parties shall be relieved of all further obligations hereunder. 4. Except as specifically modified by this Amendment Number One, all of the terms and conditions of the original Agreement remain unmodified, in full force and effect and are hereby ratified by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment Number One To Lease Agreement on the day and year first written above. ATTEST: SHARON R. B CLERK & C *OL1:L1 � O,.' APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assi ant aunty Attorney ATTEST: By: City-Clerk I rAttorney FORM C Y LESSEE: RkG006 `U98`t PALM BEAC HOUNTY, .a political subdivision of the State of Florida Ily y p�,airman Date: APPROVED AS TO TERMS AND CONDITIONS L Ey�r Audre l y Alf, Direc r Facilities Development .& Operations LESSOR: CITY OF DELR6Y BEACH By: % yn Date: C,;Troper[y Mgmt Sectianl0i#t GeastCI�u]'tay $ch Headstart FacUmendment One to Lease Agr RF App 42.27.06.doc ,a..., 4. .. Agenda Item . r PALM REACH COUNTY RO ;ofCOUNTYCt NaRSSIONERS AGENDA ITEM SUIi>!'SR Meetiung Date; February 15,; 011 jx] Consent ] Regular I ] Ordinance ] ). lUblic Hearii►g Dep tment:. Facilities DeveIument &'Operations 1: EXECUTIVE'BRTEF Motion and Title: Staff recomxslend5 motion .ta approve::. Amendment. Nuxziber Two o tci Lease Agreement (R96- 9.84D) with the City of Delray Beach, Fjoridk for the: County's continued.operation of' the ,Delray Head Start Center at an anw al rate of $1.00lyear. swnmar y- :Since 1:996 the Gouutyg. nn behalf of the Community Services Department .Head :Start Division, has leased approximately .1,Q acre .of land located..uwitlin Catherine Song Park#rom the Gam. .of Delray Beach. Amendment No..2 win Mend tlie:tenn for an additional four (4) yew from July '2.3 . 2011, to July 22, 2015, and provides four (4) - o4e (1) year extension options. The annual rent is a ypac abd the County will continue to reimburse the City ,for utility e ges (PYl i reimbursement feel er $4;928.58). The Coetnty has the .right to terminate the Lease upon_riife;y (90) days prior . written notice to City. (P») l?i s.frict 7 (f3,71F) Baekg auei'd and Jastif a n:. On. July 23, 1996; the Hoard ap -proved the initial Lease A rreeinerit' with the City of Delray .Beach. The initial 'term of the Lease w :far five years, ending an July 22; 2001; ,with one (I) extension period of fine (5) ears. On April 3, 2001 (R- 2001 -0481) the Board; approi,ed the exercise of The 'hve (5) year extension option.On .JUr e: 6, 2006 (R -?(06- 0984), the Board. approved Amendment Numbcr vnc, extendin .the term of:the Lease for an additiona'1..five (5) years w.bich will. expire on Jay 22, 2'011. This .,Amendinent also modifics Section 6.02 to delete the reference to :attomey f esy, adds, language iacknowledging the power and .authority of the Office of Inspectox General and, updates, the No�tiee proiision for the County The,County will continue to pay for separately metered utilities. Florida Statutes - Section 28'6.23 ,does not rewire that ;a Disclosure �f: Beneficial Interests be obtained. The Delray Beach.Hcad Start Program serves 64 children from ages 3W5 in four (4)'modular. c.Iassirooms purchased and maintained by the County. This Program is scheduled to be relocated to a new Head Start'flieilitjr planned for ci nstruct etl vv3thin Delray Beach's Catherine Strong Farb; construction .of'the facility has been delayed to liY 2015. This Amendment wilt vide, for the conti.nu.at.ion of Head Start -services provided frarii hi .ceuter Atttachmen ts: I. Location !lap 'u .2,. kmen:iruent' Number Two to Lease- Agresrment, 3. Budget Availability Statement Recommended By: AP12roved Sy;`!! " County Administrator bate" B. Recommended Sources of Funds /Summary of Fiscal Impact: Rent is $1.00 per year w/o increases. FY 12 reflects the estimated $5,250 for reimbursement to City of Delray Beach for County's prorated share of utility storm water and solid waste removal fees, F'Y12 -FY15 reflects 5% annual increases. C. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments: FJZaq, &twi rSe•rr -A-7 +o be pxcd Fd9brucjry AOI1 I n 6MV1ORO �i5c. OFMB Contract Dove e�nd Con l B. Legal Sufficiency: Thig wadwntcomplies with vur review twiW er{ eRm L% b, Assi t C unty Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. G :lagendaitems_febntaryl5lDelray Bch H -S Cath Strong A existing amend #2 - rb.doex II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2011 2012 2013 2014 2015 Capital Expenditures Operating Costs 1.00 $5251.00 $5,513.50 79_45 15,789.13 $4,879.45 External Revenues Program Income (County) In -Kind Match (County NET FISCAL IMPACT 1.00 $5,251.00 $5,513.50 15,789.1 3 14,879.45 # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes _7� _ No Budget Account No: Fund 1002 Dept 147 Unit 1451- Object 4310 88 04 Program HD19 -GY10 B. Recommended Sources of Funds /Summary of Fiscal Impact: Rent is $1.00 per year w/o increases. FY 12 reflects the estimated $5,250 for reimbursement to City of Delray Beach for County's prorated share of utility storm water and solid waste removal fees, F'Y12 -FY15 reflects 5% annual increases. C. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments: FJZaq, &twi rSe•rr -A-7 +o be pxcd Fd9brucjry AOI1 I n 6MV1ORO �i5c. OFMB Contract Dove e�nd Con l B. Legal Sufficiency: Thig wadwntcomplies with vur review twiW er{ eRm L% b, Assi t C unty Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. G :lagendaitems_febntaryl5lDelray Bch H -S Cath Strong A existing amend #2 - rb.doex L.. C? C` AT 2 C) N ca F- H AMENDMENT NUMBER TWO TO LEASE AGREEMENT THIS AMENDMENT NUMBER TWO TO LEASE AGREEMENT ( "Amendment Number Two'D made and entered into_Eebruar3K I2071,by and between the CITY of DELRAY BEACH, FLOPMA, a Florida municipal corporation, hereinafter referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Departnamt of Community Services, Plead Start and Children Services Division,.herainafter referred to as "Lessee", WITNESSETH: WHEREAS, Lessor and Lessee entered into a Lease Agreement dated July 23, 1996 (R96 -964D) (the " Lease"), for the lease of the Promises as defined therein to be used for the establishment and operation of a child day care center, business office, meeting room and recreational center in conjunction with Lessee's Head Start child care and development program as described in the Lease; and VVHERE AS, the Term of the Lease, as extended by Amendment Number One To Lease Agreement dated June 6, 2006 (82006 -09M), currently expires on July 22, 2011; and WHEREAS, the parties wish to amend the Lease to (i) approve a four (4) year extension of the term of the Lease, (ii) provide for four (4) one (1) year extension options, and (iii) incorporate certain language required by Lessor; and WHEREAS, Lessor hereby aclmowiedges that Lessee is not delinquent in the payment of rent and is not in default of any of the terms and conditions of the Lease. NOW, THEREFORE, in consideration of the premises and mutual covenants and conditions contained herein, Lessor and Lessee agree as follows: 1. no recitals set forth herein above are true and correct and incorporated herein by reference. Terms not defined herein shall have the same meaning as in the Lease. 2. The, 'Perm of the Lease is hereby extended for a period of four (4) years commencing on July 23, 2011, and expiring on July 22, 2015. 3. Lessee is hereby granted the right to extend the Term of the Lease for four (A) additional periods of one (1) year each in the manner provided for in Section 1.04(b) of the Lease. Page 1 oN 4. Section 6.02 of the lease is hereby modified to delete the reference to "attorney's fees." S. Section 14.02(b) of the Lease is hereby modified to change Lessee's address as follows: Lessee: Palm Beach County Property & Real Estate Management Division Attu,, Director 2633 Vista Parkway West Palm Beach, FL 33411 The addresses for the copies remain unchanged. 6. Palm Beach County has established the Office of the Inspector General, Ordinance R2009 -049, as may be amended, The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to xequire the production of records, and audit, investigate, monitor, and inspect the activities of the parties or entities with which the County enters into agreements, their officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All parties or entities doing business with the County or receiving County funds shall fully cooperate with the Inspector General including granting the Inspector General access to records relating to the agreement and transaction, 7. Except as specifically modified by this Amendment Number Two, all of the terms and conditions of the original .Lease, as amended, remain unmodified, in full force and effect and are hereby ratified by the parties. S. This Amendment Number Two shall not become effective until executed by both parties, and the effective date of this Amendment Number Two shall be the later of the date upon which the Palm Beach County Board of County Commissioners approves this Amendment Number Two at a formal meeting of the Board or the date upon which the City of Delray Beach approves this Amendment Plumber Two at a formal meeting of the City Commission. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have eaeh executed this Amendment Number Two on the day and year set forth below. ATTEST: LESSEE: K2 0 11 ,SHARON R. EOCIC = N -_ Y _ ,� P AI ..BEACH COUNTY, a CLERIC & COMPTlt i 4� political s bd` ision of the State of Florida By put le 0H ,:�' 'n T. arms, Chair Date: FES 15 2011 WITNESS: )kwwQ Si ature t, es Name JJ ` itness Signature 61 ` -.1A zdfa- Tint Witness �I APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFITCY ANDCONDITIONS By gy v� b f A s s i s t untyAttorney Audrey Wolf, 6irector Facilities Development & Operations Page 3 cd4 LESSOR: AT EST: CI'T'Y OF By. By. City Clerk 1 Tate: W=SS; waiAii. inzt-n`� Witness Signature Ju' 'q N t _ Bzz Milt Witness Nam 4 � � vv� E 1 11 Witness Signature - Print Witness Name APPROVED AS TO FORM AND L(,-AL. 5ClF'F ' City Attorney 1 �jj' . o GAProperly Mgmt Se fion\Gut Lmr,\Delray MI Iieadstart Fae tOr CS ParkV,=ndment 21Amend.001.11P app.11151 0.6o Page 4 of 4 BUDGET AVAILABILITY STATEMENT REQUEST DATE: 12/27/10 REQUESTED BY: Richard C. Boeatin PHONE: 551.233 -0214 FAX: 551- 233 -0210 PROJECT TITLE: Deiray Beach Head Start Catherine Strong Park Amendment No. Two PROJECT N0.:2010.5,020 Fiscal Years 2011 2012 2014 2015 2016 Capital Expenditures Operating Costs $1,00 $5.251.00* $5,513.50* $5,789.13* 54,879.45* External Revenues Program income (County) In -Kind Match (County NET FISCAL IMPACT ILOO $5,251.00* $5,513.50* 5- 789.13* 879,45* # ADDITIONAL FTE POSITIONS (Cumulative) *$1 -04 per year no iacreases, including utjut71storm water /Solid Waste fecs reimbursed to City of approx 55,250 per year with estimated 5 % yearly inereases. ** By signing this BAS your deparnnenl agrees to these staff costs and Jour account will be charged upon receipt uj' this BAS by FD &O. Unless there is a change in the scope of work, no additional si ffcharges will be billed. BUDGET ACCOUNT NUMBER 88 FUND: 1002 DEPT: 147 UNIT: 1451.04 OBJ:4310 HD19 -GY10 SUB OBI: X_1112/11 IS ITEM INCLUDED IN CURRENT BUDGET: YES X NO IDENTIFY FUNDING SOURCE FOR EACH ACCOUNT: (check all that apply) Cl Ad Valorem (source /type: ❑ Non -.Ad Valorem (source/type: 1 XD Grant (soutce/type: El Park improvement Fund (sourcchype: -- X0 General Fund 0 Operating Budget XD FedemMavis Bawn 0 ❑ El SUBJECT TO IG FEE? YES X NO Department: Commuuijity Services - Head Stan BAS APPROVED BY: (j-,W w �4 �fkpTl�f DA'L'E: ENCUMBRANCE NUMBER: C:ipocumeots aad SettingsWmulhotAS,ocal Sstrinps empornry L icrwi FiieslConienLpnticmk ibQiiEASG4iBAS revenue expense (0311 t0) WIN 7 {2).docx DEC1+M111i 7,2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDufFe in the Commission Chambers at City Hall at 6;00 p.m„ Tuesday, December 7, 2010. 1. Roll call showed: i Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. MCDuflie Absent - None Also present were - David T. Harden, City Manager Robert A- Barcinsid, Assistant City Manager Brian Shutt, City Attorney r Chevelle D. Nubin, City CIerk 2: The opening prayer was delivered by Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA. APPROVAL, Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon toll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray —Yes; Mayor McDuffie —Yes, Mr. Eliopoulos —Yes, Said motion passed with a 5 to 0 vote, 5. APPROVAL OF MINUTES; Mrs. Gray moved to approve the Minutes of the Rcgular Meeting of November 16, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr., Frankel -- Yes; Mrs. Gray — Yes; Mayor McDufFie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote, 6. PROCLAMATIONS: A. None 12/07/10 3 S. CONSENT AGENDA: City Manager Recommends Approval, i ? SSA CONTRACT CLOSEOUT CHANGE ORDER NO. ZLANAL I:.. ROSSO PAVING & DRAINAGE INC.: Approve Contract Closeout (Change Order No. 2/Final) in the net deduct amount of $790.20 and final payment amount of $6,901,78 to Rosso Paving & Drainage, Inc, for the completion of the Dixie — US I Connector (N.E, 22nd Lane), Funding is available from 334 - 3162 -541 -63.83 (General. Construction Fund: Improvement Other Than Buildings/Dixie Highway — US 1 Connector), S_T3, . SERVICE AUTHORIZATION NO. 19/MA'THEWS CONSULTING INC.: Approve Service Authorization No. 19 with Mathews Consulting, Inc. in the amount of $45,686.00 for Lift Ration 100A Capacity Study. Funding is available from 442- 5178 - 536 -31.30 (W & S Renewal & Replacement Fund: Professional Services /Enginceriug/ Architect). S&Q. GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT /SOUTII FLORIDA WATER MANAGEMENT DISTRICT (SFWMB): Approve and accept an Alternative Water Supply (AWS) grant award from the South Florida Water Management District (SFWMD) in the amount of $210,900.00 to provide supplementary funding for the Area 11B Reclaimed Water System expansion. S.D. AMENDMENT NO. 2 TO TOTE LEASE AGREEMEN I /PAT IYC BEACH COUNTY/ HEAD START RACMITY: Approve Amendment No. 2 to the Lease Agreement with Palm Beach County for the Head Start Facility at Catherine Strong Park. 8_E. RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT: Approve release of a limited access easement that is over the south property line, adjacent to Tamarind Road, on the northeast comer of Tamarind Road and Seasage Drive, S�F. APPROVE AND ACCEPT A TEMPORARY CONSTRUCTION EASEMENT: Approve and accept a temporary construction easement for construction of a brick piver public plaza at the S.W, corner of Martin Luther King, Jr. Drive and N.W. 5th Avenue. S.H. AC U1SI'ITON AGREEMENT WITH ACS GOVERNMENT SERVICES, -1NCJ FIREHOUSE SOFTWARE: Approve an acquisition agreement with ACS Government Services, Inc. for Firehouse Software. S -H. SPECIAL EVENT RE UEST /,43rd ANNUAL SAINT PATRICK'S DAY PARADE AND PARTY: Approve a special event request far the 43rd Annual St. Patrick's Day Parade and Party on Saturday, March 12, 2011, beginning with setup at 11:00 a.m,, parade starting at 2 :00 p.m, and ending at approximately 4 :00 p.m., and an event at O1d,Scho01 Square from 11:00 am. to 7:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from Andrews Avenue to NW 12/07/10 period Breakdown - Electric Cost and Consumption V<ii ne: teference: Summary G months ending Jun 2013 ,ansumption in,kWi Cost in $ ..onsolidated Data Consumption in WVh '10 8 6 4 2 Jan Feb Mar Apr May Jun Cost in $ 1 1 Jan Feb Mar Apr May Jun M Electricity M Gas - Oil 0 Solid Fuel M LPG C Date Elec Water Oil SF LPG Total Energy a Jan 13 9,720 - - - 9,720 n Feb 13 7,800 - - - 7,800 S Mar 13 8,280 - - - - 8,280 U Apr 13 10,440 - - - - 10,440 May 13 11,940 - - - - 11,940 rM Jun 13 11,340 - - - - 11,340 P Jun 13 1,065.58 $0.09397 - - - 1,065.58 t Period 5,048.72 - - - - 5,848.72 i % Total 100.00% % - - %. % -% 100.00% a n Period 59,520 a 0 0 59,520 Total 100.00% 0.00% 0.0006 0.00% 100.00% C Date Elec Elect gnat Oil Sf LPG Total Energy A Jan 13 887.54 $0.09131 - - 887.54 S Feb 13 781.41 $0.10018 - - - 781.41 t Mar 13 950.02 $0.11474 - - - 950.02 Apr 13 1,104.12 $0.10576 - - - 1,1 04.12 May 13 1,060.05 $0.08878 - - - 1,060.05 Jun 13 1,065.58 $0.09397 - - - 1,065.58 Period 5,048.72 - - - - 5,848.72 % Total 100.00% % - - %. % -% 100.00% Gaurn, Alberta From: Chauncey Taylor <CTaylor @pbcgov.org> Sent: Thursday, August 15, 2013 3:03 PM To: Simmons, Tim; Gaum, Alberta Subject: RE: Delray Head Start Property Tim — Staff review of the maintenance costs for the modulars average approximately $20,000.00 annually over the past five (5) years. The new Bard was installed in 2009 and the floors done last year. THANKS CT2 Chauncey Taylor, IY Director, Facilities Services PBC Facilities Development & Operations (561) 233 -0221 (561) 233 -2052 Fax ctaylor @pbcsov.ore From: Simmons, Tim [mai Ito: SimmonsC )mydelraybeach.com] Sent: Thursday, August 15, 2013 12:38 PM To: Chauncey Taylor; Guam@mydelraybeach.com Cc: Gaum, Alberta Subject: RE: Delray Head Start Property Thank you. From: Chauncey Taylor [mailto_CTaylor @pbcgov.org] Sent: Thursday, August 15, 2013 12:36 PM To: Simmons, Tim; Guam@mydelraybeach.com Subject: Delray Head Start Property Tim /Alberta — Please find attached, as per your request, a snapshot of the power use at the Delray Beach Head Start facility. My staff is running the Maximo report, to be forwarded under separate cover. That will give you an overview of the maintenance that has been committed to the facility. Looking forward to hearing from the City as to whether or not you will accept the property with the modulars remaining. Feel free to call with any questions.... THANKS CT2 Chauncey Taylor, Director, Facilities Services PBC Facilities Development & Operations (561) 233 -0221 (561) 233 -2052 Fax ctaylor@pbcgov.org Under Florida law, e-mail addresses are public records. It you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. ,,Jill t; 's p MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Fire- Rescue Chief THROUGH: Louis Chapman, City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 GRANT APPLICATION/ STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) ITEM BEFORE COMMISSION This item is before the Commission for approval /authorization for the submittal of a Staffing for Adequate Fire and Emergency Response grant application. BACKGROUND The SAFER (Staffing for Adequate Fire and Emergency Response) Grant was created to provide funding directly to fire departments and volunteer firefighter interest 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. The Fire - Rescue Department submitted a SAFER application to hire six (6) additional Firefighter/Paramedics to maintain adequate staffing. Per SAFER guidelines, there will be 100% federal funding for these six positions for a period of two years or 24 months. According to the terms and conditions of the grant award, the City must commit to continuing the employment and funding the Firefighter/Paramedics staffmg level achieved through the SAFER grant for a period of 24 months. The budget matrix below itemizes the annual contributions of the Federal government SAFER Grant: First 12 Month Period -SAFER Second 12 -Month Grant Period -SAFER Grant Personnel 296,946 311,202 Benefits 139,565 146,265 Total 436,511 457,467 Total City Share 0 0 Total Federal Share 436,511 457,467 RECOMMENDATION By motion, approve the submittal of the Staffing for Adequate Fire and Emergency Response Grant (SAFER) for funding totaling $893,967.00. 8/15/13 Staffing for Adequate Fire & Emergency Response Grants I FEMA.gov 06.. FEMA .e Grants The Staffing for Adequate Fire and Emergency Response Grants (SAFER) was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain 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 the NFPA (NFPA 1710 and /or NFPA 1720). For details visit http: / /Www.ntpa.orglfreeaccess. FY 2013 Program Update APPLICATION PERIOD FOR FISCAL YEAR (FY) 2013 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANTS NOW OPEN! Applications are now being accepted for FY 2013 Staffing for Adequate Fire and Emergency Response (SAFER) Grants. The deadline for all SAFER grant applications will be Friday, August 30, 2013, at 5 p.m. Eastern Time (ET). FY 2013 SAFER Grant application tools are now available for download. Read the newly updated SAFER Get -Ready Guides and by completing the Self- Evaluation Sheets. Check this website frequently for updates. If you are not currently receiving the free biweekly AFG E -Mail Alerts, be sure to sign up now on the E -Mail Alert signup page. FY 2013 SAFER Funding Opportunity Announcement (FOA) available now! • 2013 6A1-EK FUA Upportunity Announcement FY 2013 SAFER FAQs FY 2013 SAFER Get Ready Guides These guides will help you be prepared to answer Hiring and Recruitment and Retention application questions. • 2013 SAFER General Get Ready Guide www.fema.g ov /staffi ng -adeq uate -fi re -emerg ency- response -g rants 1/3 8/15/13 Staffing for Adequate Fire & Emergency Response Grants I FEMA.gov • 2013 SAFER Hiring General Get Ready Guide • 2013 SAFER Recruitment & Retention Fire Departments Get Ready Guide • 2013 SAFER Recruitment & Retention Interest Organizations Get Ready Guide FY 2013 SAFER Grant Self- Evaluation Sheets SAFER Self- Evaluation Sheets have been developed based on the scoring criteria used by peer reviewers. These tools will help you assess your organization's readiness to apply for a grant. • 2013 SAFER Recruitment & Retention Interest Organizations Self Evaluation • 2013 SAFER Hiring Self - Evaluation • 2013 SAFER Recruitment & Retention Fire Departments Self - Evaluation System For Award Registrations (SAM) Is A Requirement For All Applicants Please click nere and complete the SHiyi registration as soon as possible. SAFER applicants that have not completed the SAM registration process, or have not completed the required annual renewal and revalidation of data, will not be eligible to be awarded. For questions about SAM, contact your State Assigned Grants Management Specialists. • SAM registration requirement alert notification. Learn more • Register your organization in the System for Award Management (SAM) (SAM.gov), You will not be awarded a grant unless you are registered in SAM. • If your organization is already registered, no action is required until that registration has expired. • If your registration is expired, validate and update your information at SAM.gov SAFER Videos Watch the following SAFER videos • SAFER Grant Recruitment and Retention Video • FY 2010 SAFER Grant Program Video SAFER Grants Management 101 Webinar Material from the SAFER Grants Management 101 Webinar for FY 2009/2010 is now available for download. (PDF 609kB, TXT 18kB) • Topics discussed include: • Periods of performance • Payment requests • Performance report requirements www.fema.g ov /staffi ng -adeq uate -fi re -emerg ency- response -g rants 2/3 8/15/13 Last Updated: 08/05/2013 - 15:46 Staffing for Adequate Fire & Emergency Response Grants I FEMA.gov www.fema.g ov /staffi ng -adeq uate -fi re -emerg ency- response -g rants 3/3 way �_V %vq MOZA) I -N a - L A W, F'=__ .:' Mr,, IML- -Aovg SAFER Grants Grant Application Get Ready Guide 2013 Prepare for your grant application today Department Information The Assistance to Firefighters Grant (AFG) Program's Staffing for Adequate Fire and Emergency Response (SAFER) application period will be opening soon! This handy guide will give you a kick -start in preparing your grant application to thoroughly answer all the grant application questions. The primary goal of the SAFER Program is to improve or restore local fire departments' staffing and deployment capabilities so they may more effectively respond to emergencies. With the enhanced or restored staffing, a SAFER Grantee's response time will be reduced sufficiently and an appropriate number of trained personnel will be assembled at the incident scene. Grant funds are available in two categories: (1) Hiring Firefighters and (2) Recruitment and Retention of Volunteer Firefighters. Basic Information — Start Preparing Now • Call the Help Desk at 866 - 274 -0960 or e-mail firegrants __dhs.gov for answers to your questions, or contact your Fire Program Specialist. Locate your e- Grants system user name and password established from previous grant years. Use the same user name and password on your new application. Decide on a main point of contact. • Become familiar with the SAFER Funding Opportunity Announcement (FOA). The FOA will be available at least one week prior to the start of the application period at www.fema.gov /firegrants. • What is the square mileage of your first -due response area? • What is the permanent resident population of your primary /first -due response area or jurisdiction served? • What is the department call volume for the last three calendar years (do not include mutual /automatic aid calls)? Financial Information • What is your department's operating budget (including personnel costs) for your current fiscal year? What was your budget for the last three fiscal years? • What is the breakdown of percentages that make up the annual operating budget (e.g., taxes, grants, donations, fund drives, fee for service, etc.)? Be sure these amounts total 100 percent. System for Award Management (SAM) (replaced Central Contractor Registration (CCR)) What is SAM? The System for Award Management (SAM) is a Federal Government owned and operated free Web site that consolidates the capabilities in CCR /FedReg, ORCA, and EPLS. Future phases of SAM will add the capabilities of other systems used in federal procurement and awards processes. Per 2 CFR Part 25, all grant applicants MUST have an active current SAM registration status at the time of application and throughout the duration of any federal award. Therefore, in order to receive a SAFER Grant award, you MUST be registered and have up -to -date information in the on -line System for Award Management or SAM (SAM.gov). SAM registration is FREE of charge and is required of all federal awardees. Former CCR Registrants If you had an active record in CCR, you have an active record in SAM. However, you will still be required to "register" your entity in SAM. The entity is the name of your organization; all entities must create an account in SAM. You can search for registered entities in SAM by typing the DUNS number or business name into the search box. Banking information, EIN number, organization/ entity name, address, and DUNS number provided in your SAFER application MUST match the information that you provided in SAM.gov. The SAFER application process also involves applicants confirming they have an updated and current registration in SAM, which must be confirmed at https: / /www.sam.gov/ portal /public /SAM/ • A DUNS number is required to apply for a grant and to register in SAM. • SAM registration is required to be awarded a grant. • If your city or governing organization has a DUNS number, check to see if it is registered in SAM and if the SAM number is current. • Again, banking information, EIN number, organization/ entity name, address, and DUNS number provided in your SAFER application MUST match the information that you provided in SAM.gov. • Important: SAM registrants must renew their registration annually to maintain an active status. SAM will send notifications to the registered user via email 60, 30, and 15 days prior to expiration of the record. Step 1: Access the SAM on -line registration at https: / /www.sam.gov /portal /public /SAM/ Click Create Individual Account. You must have a DUNS number to begin the registration process. Step 2: Complete and submit the on -line registration. If you have the necessary information (see below), the on -line registration takes approximately one hour to complete, depending upon the size and complexity of your organization. The required information includes: 1. General Information — Includes, but is not limited to, your DUNS number, Commercial And Government Entity (CAGE) Code, organization name, Federal Tax Identification Number (TIN), location, receipts, number of employees, and Web site address. 2. Corporate Information — Includes, but is not limited to, your organization or business type and SBA - defined socioeconomic characteristics. 3. Goods and Services Information — Includes, but is not limited to, your North American Industry Identification (NAICS) code, Product Service (PSC) code, and Federal Supply Classification (FSC) code. 4. Financial Information — Includes, but is not limited to, financial institution, American Banking Association (ABA) routing number, account number, remittance address, lock box number, Automated Clearing House (ACH) information, and credit card information. 5. Point of Contact (POC) Information — Includes, but is not limited to, the primary and alternate points of contact and the electronic business, past performance, and government points of contact. 6. Electronic Data Interchange (EDI) Information* — Includes, but is not limited to, the EDI point of contact, telephone, e -mail, and physical address. - *Note: EDI Information is optional and may be provided only for those businesses interested in conducting transactions through EDI. Additional information on System for Award Management (SAM) Account Registration for AFG Awardees can be found at http: / /www.fema.gov /rules - tools /system - award- management For information regarding SAM.gov security, see the SAM security vulnerability FAQs or call the Fed Info hotline at 1- 800 - FED -INFO (1- 800 - 333 - 4636). For technical questions about SAM.gov registration and user records, go to www.fsd.gov Coming Soon: Watch the AFG Web site www.fema.gov/ firegrants for the SAFER Self- Evaluation tool that will help you rate your own SAFER Application Narrative. MEMORANDUM TO: Mayor and City Commissioners FROM: Milena L. Walinski CGFO, Assistant Finance Director David A. Boyd CPA, Finance Director THROUGH: Louie Chapman, Jr.,City Manager DATE: August 8, 2013 SUBJECT: AGENDA ITEM 8.1 - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 FINANCIAL AUDITING FIRM SELECTION /CALEB, DONTEN, LEVINE, PORTER & VEIL ITEM BEFORE COMMISSION City Commission is requested to approve an agreement between the City of Delray Beach and Caler, Donten, Levine, Porter & Veil for financial auditing services. BACKGROUND The City's current contract for financial auditing services expired upon the completion of the September 30, 2012 audit. The City issued a Request for Proposal (RFP) on May 20, 2013 for Financial Auditing Services. Twelve proposals were received and the Audit Selection Committee has recommended award of a six (6) year agreement to Caler, Donten, Levine, Porter & Veil. Florida Statutes 218.391 establishes required procedures for the selection of auditors to perform the annual financial audits required by Florida Statutes 218.39 for all local governments in Florida. The auditor selection law requires the use of a request for proposal, auditor selection committee and negotiation process in which fees cannot constitute the primary reason for the selection of a particular firm. The audit selection committee consisted o£ Robert A. Barcinski, David Boyd, Lula Butler, Mary Ann Young and Milena Walinski. Proposals were evaluated on auditors experience and expertise (0 — 35 points), audit approach (0 — 35 points), price proposal (0 — 20 points) and location of office in Palm Beach County (0 —10 points). The committee met on July 30, 2013 and selected Caler, Donten, Levine, Porter & Veil as the top ranked firm. Their fee proposal is $118,900 for fiscal years ending 2013 and 2014, $121,300 for fiscal years ending 2015 and 2016 and $123,700 for fiscal years ending 2017 and 2018. Prior year audit fee (2012) was $121,260. FUNDING SOURCE Auditing services are charged to the General Fund, Community Development Fund, Marina Fund, Sanitation Fund, Golf Course Fund, Water & Sewer Fund, Stormwater Fund, Insurance Fund and Garage Fund. RECOMMENDATION Recommend approval of the firm selection of Caler, Donten, Levine, Porter & Veil for financial auditing services and authorize staff to enter into contract negotiations. � M G1 � t G N N tfN O r M A , 1 W L V O Q W N 1 U W M W 0 L 0 w Z � a �� LL p V O O co O c ti ti a °v 00 n w p m Z 0 N O Q N °o a m 00 0 t u 00 0 00 m r; o CL w o r m w +' V) '^ o 0 J a O O O T w m 00 N l0 Ln 00 M N U c-I c-I 00 O O O co ti l0 O C '6 Y Ln 00 r`') kD 0 W N � 00 0 0 f6 � O C a J � 00 J £ Ol O 0) 00 l0 N u Ln Ln N Ln 00 M O V co N n ti a Ln 00 Lp W w r, N m J V V O O O N w co f6 � 'o r, a 00 0 O O O o r, V Co J M Ln 00 ^ N O V a ti r, m J 1 O c Ln m m r` ? _ LL C N f6 m ti c-I m n V O O O 0 co t6 00 0 C N ti O ti O L 1 1\ m ? 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C C _ O O _6 7 'i N L w Q a 0 m DF RAY BEACH • SELECTION COMMITTEE MEETING NE- NnericaCify FINANCIAL AUDITING SERVICES - RFP #2013 -44 1993 JULY 30, 2013 2001 1ST FLOOR CONFERENCE ROOM (CITY HALL) 100 NW 1ST AVENUE, DEL,RA,Y BEACH, FLORIDA 33444 REQUEST FOR PROPOSAL Call to Order This public meeting was called to order at 2:00 p.m. Roll Call CI'T'Y STAFF PRESENT: GUESTS PRESENT: Robert Barcinski Scott Porter, CDL CPA David Boyd Enrique Llerena, Marcum LLP Milena Walinski Jorge Herrera, Marcum LLP Lula Butler Neil Schiller, Becker- Poliakoff Mary Ann Young AGENDA 1) Review and Rank Auditing Proposals: In terms of grading and ranking the various auditing services, Mr. Barcinski indicated he reviewed the various categories and looked at certain criteria including location, price, hours assigned, etc. He reviewed government audits including Florida's city and county audits and their budgets. He noted an IT department and programmer are critical for review of audits. He reviewed the plans and detailed schedule each submitted. Below are the top 3 companies Mr. Barcinski selected: 1) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. (tied for 1st) 2) Grau & Associates (tied for 1St) 3) Harvey, Covington & Thomas, LLC Ms. Butler reviewed the firm's location, diversity of clientele, process, allotted time, and price. Below are the top 3 companies Ms. Butler selected: 1) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. (tied for 1S) 2) B.C.A. Watson, CPA (tied for 1St) 3) Grau & Associates Ms. Young reviewed the experience of each firm as well as prior audits performed that were similar to the City, single audits, and the audit approach used by each firm; also location. Below are the top companies Ms. Young selected: 1) Marcum, LLP (tied for 1S) 2) McGladrey (tied for 1st) 3) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. 4) Moore, Stephens & Lovelace Page 1 Mr. Boyd reviewed the same criteria including location, price, experience, etc. Below are the top companies Mr. Boyd selected: 1) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. 2) McGladrey 3) Harvey, Covington & Thomas, LLC (tied for 3`d) 4) Marcum, LLP (tied for 3rd) 5) Nowlen, Holt & Miner, P.A. (tied for 3rd) Ms. Walinski reviewed the differences and similarities of the different firms, if their audits were comparable to the City of Delray Beach and the type of funds, expertise, audit approach, proposed hours, etc. She indicated the importance of having a partner with hands -on experience. Litigation and peer reviews are also important as well as access to an IT specialist. Below are the top 3 companies Ms. Walinski selected: 1) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. 2) McGladrey 3) Moore, Stephens & Lovelace The top 3 ranked firms recommended based on the above grading includes: 1) Caler, Donten, Levine, Cohen, Porter & Veil, P.A. (received the most selections) 2) McGladrey 3) Marcum, LLP 2) Other Comments: The committee thanked all the firms for submitting their proposals; they were excellent. Adjournment The meeting adjourned at approximately 2:20 p.m. Revised 8/I9/13 Page 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 15, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 AMENDMENT NO 4 /SUNGARD PUBLIC SAFETY SOFTWARE ITEM BEFORE COMMISSION The item before Commission is Amendment No. 4 to the agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems. BACKGROUND The City entered into an agreement with SunGard Public Sector, Inc. date June 29, 2010 for purchase and installation of Public Safety Software Systems for the Police and Fire Departments providing an enhanced level of technology for these departments. SunGard Public Sector was selected following the issuance of RFP 2010 -05. Amendment No. 1 dated August 17, 2010 added some language about removing the older software version when the new version is installed and fully functioning for 30 days. Amendment No. 2 dated March 16, 2011 provided for various changes to the License and Maintenance Agreements some of which included the addition of Crywolf alarm billing software. Amendment No. 3 date June 30, 2011 provided for various changes to licenses, services, maintenance. Amendment No. 4 includes various changes including the addition of some license and maintenance costs and the crediting /refund of costs to the City resulting in a refund to the City of $5,247.87 for expenses that exceeded the Travel Expense Cap and various credits to the City to be applied to one outstanding invoice amount and to purchase of additional licenses and/or payment of maintenance expenses. RECOMMENDATION Staff recommends approval of Amendment No. 4 to the Agreement between the City and SunGard Public Sector, Inc. for Public Safety Software Systems contingent upon approval of the amendment by SunGard and the City Attorney. AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SUNGARD PUBLIC SECTOR, INC. THIS AMENDMENT NO. 4 amends the Agreement between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City "), and SUNGARD PUBLIC SECTOR, INC., ( "Bidder ") dated June 29, 2010, Amendment No. 1 between the City and Bidder dated August 17, 2010, Amendment No. 2 between the City and Bidder dated March 16, 2011, and Amendment No. 3 between the City and Bidder dated June 30, 2011. WITNESSETH: WHEREAS, the City and Bidder are desirous of amending the Standard Form of Agreement between the City and to make various adjustments to the Software License and Service Agreement ( "License Agreement ") and the Software Maintenance Agreement ( "Maintenance Agreement ") NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. Revisions. a. Exhibit 1 to the License Agreement between the City and Bidder is amended to read as follows: (1) The following Component Systems have been added to page 8 of the License Agreement (the "Additional Component System "): Qty. Part # Component System License Fee 5 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS 5,000.00 1 CAD - MOSCAD Total $5,000.00 License Fee shall be 100% due on the execution of this Amendment #4 (2) The following Component Systems have been deleted from page 8 of the License Agreement (the "Deleted Component Systems "): Qty. Part # Component System License Fee 1 RMS- CFS -50 CALLS FOR SERVICE MODULE — 50 WORKSTATION 4,500.00 1 CAD - MOSCAD CAD INTERFACE TO MOSCAD 7,500.00 1 RMS -PSD PROFESSIONAL STANDARDS (INTERNAL AFFAIRS) MODULE 17,500.00 1 RMS- PARK -10 PARKING TICKET ADMINISTRATION MODULE — 10 WORKSTATIONS 7,000.00 6 MCT- CLIENT -PDA MCT CLIENT - PDA 3,000.00 6 MCT- MFR -HH -PK MFR CLIENT - HANDHELD PARKING TICKET MODULE 1,200.00 Total $40,700.00 City shall be credited $5,698.00 for these the Deleted Component Systems due to discount provided on license purchases in the agreement dated June 29, 2010. Such credit shall be applied to Customer's account for the purchase of additional Component Systems and /or Component System Maintenance Fees. (3) The following Services have been amended on page 9 of the License Agreement (the "Deleted Services "): Qty. Part # Description I Training 4 Inac nnnTonl -INAS ADD ON MODULE Q TRAINING �rnrrrrry Customer has paid the amount of $4,800.00 towards the Deleted Services. SunGard Public Sector reallocated $2,100 (14 hours) towards the purchases of additional P2C 2 Migration Services (below), and $2,400 (16 hours) towards the purchase of additional RMS add -on Module User Training (below). Credit balance of $300 (2 hours) shall be applied to Customer's account to be used towards the purchase of additional Component Systems and /or Component Systems Maintenance Fees. (4) The following Services have been added to page 9 of the License Agreement (the "Additional Services "): Qty. Part # Description Installation 1 TCH- MGRTN -P2C P2C Migration Services $2,100.00 1 RMS- USR -TRN RMS Add -On Module User $2,400.00 Training (5) The Summary of Costs Table on page 11 of the License Agreement is replaced with the following table: SUMMARY OF COSTS Note: City of Delray Beach previously amended the City purchase order to add the amount of $700 for the initial Iron Mountain Source Code Escrow fee and for a $100 credit. The total Agreement contract amount is $863,394.94, plus $600. 3 Price Component Systems $4969,4269 59 $195,728.50 Services $4111,80 98 $411,550.00 Pay Agency Products $2004 $196,116.44 Travel & Living (not to Exceed) $60,000.00 Total $868,817.94 $863,394.94 Note: City of Delray Beach previously amended the City purchase order to add the amount of $700 for the initial Iron Mountain Source Code Escrow fee and for a $100 credit. The total Agreement contract amount is $863,394.94, plus $600. 3 (6) Pages 13 -26 of the License Agreement, "Descriptions ", shall be amended to read as follows: (a) The following description shall be deleted from Page 15: (b) The following description shall be deleted from Page 18: 4 (c) The following description shall be deleted from Page 18: (d) The following description shall be deleted from Page 19: (e) The following description shall be deleted from Page 22 and 23: rrr.�■■ _ r:r_�e�rrcnc ■���nnr_�.�:n .r�:�.>re . r ■ ■ 1 ■ W_ I! MINNIE- 11 10- (f) The following description shall be deleted from Page 23: (7) Attachment 1 to the License Agreement, Firehouse Quote dated 6/10/2010 (Estimate No. 17023) is amended as follows: DESCRIPTION QTY COST E1 TOTAL FIREHOUSE Software Web Version - Modules 1 11,795.00 330001 11,795.00 included are Fire and EMS Reporting, Staff Activities and Training, Occupancy Management, Apparatus Equipment and Inventory, Hydrant Tracking FIREHOUSE Software Web Version - Additional User 24 1,795.00 330002 43,080.00 FH Web Bundled System Discount - 20,000.00 - 20,000.00 FIREHOUSE Software Web /OSSI CAD Interface 1 25,000.00 342010 25,000.00 FH Mobile EMS module 15 2,000.00 350009 30,000.00 FH Telestaff Roster Interface 1 2,600.00 360027 2,600.00 FHinspector for iPad 5 500.00 350016 2,500.00 Subtotal - one time purchase /licensing fee 94,975.00 FH Web - Complete System Premium Support 1 2,025.00 372011 2,025.00 FH Web - Additional User Premium Support 24 285.00 372008 6,840.00 OSSI CAD Monitor Premium Support 1 3,200.00 372010 3,200.00 FHinspector for iPad Support Renewal 5 15000 375509 750.00 Subtotal - annual support fee l6olcnn 12,815.00 Installation and/or training on -site per day charge 7 1,595.00 380004 11,165.00 Out -of -state sale, exempt from sales tax 0.00% 0.00 TOTAL el� $118,955.00 (8) The following Pay Agency Items are revised on page 10 of the License Agreement: Qty. Part # Pay Agency Products Initial Annual Support Type -1-9 CAD INARINA r Maintenance 1 FIRE -FH- SUPPORT FH Software Web Version — Module '$,, ,^^.^4 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS Update/Support $12 815.00 b. Exhibit 1 to the Maintenance Agreement between the City and Bidder is amended to read as follows: (1) The Component Systems have been amended as follows on Page 6 of the Maintenance Agreement: Qty. Part # Component System Initial Payment Amount Support Type -1-9 CAD INARINA r CAD ff�RESQi iIRGEE INAnNIT-no C PIP' 434 1'GENU WITH AAA S n�o I �I 1 15 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS 2,400.00 5x11 The term of support for the Component Systems listed above shall commence on October 1, 2013. The initial Payment Amount above shall be due October 1, 2013, upon Invoice. (2) The following Component Systems have been deleted from Page 6 of the Maintenance Agreement: Ej Initial Payment Qty. Part # Component System Amount Support Type 1 RMS- CFS -50 CALLS FOR SERVICE MODULE — 50 720.00 5x11 WORKSTATION 1 CAD - MOSCAD CAD INTERFACE TO MOSCAD 1,350.00 7x24 1 RMS -PSD PROFESSIONAL STANDARDS 2,800.00 5x11 (INTERNAL AFFAIRS) MODULE 1 RMS- PARK -10 PARKING TICKET 1,120.00 5x11 ADMINISTRATION MODULE -10 WORKSTATIONS 6 MCT- CLIENT -PDA MCT CLIENT - PDA 480.00 5x11 6 MCT- MFR -HH -PK MFR CLIENT - HANDHELD 192.00 5x11 PARKING TICKET MODULE Ej The total Initial Payment Amount in Exhibit 1 on page 6 of the Maintenance Agreement is changed from $228,665.39 to $222,003.30. City shall be credited $13,324.00 for previous 2011 -2012 and 2012 -2013 maintenance period payments for these deleted Component Systems. Such credit shall be applied to Customer's account for the purchase of additional Component Systems and /or payment for Maintenance of Component Systems. Additionally, such credit shall be applied against the outstanding balance of $3,000 due on invoice #46824. C. City will be provided with a credit of $5,247.87 for expenses that exceeded the $60,000 Travel Expense cap in the License Agreement. Such credit shall be refunded to City by check. Bidder shall also waive amounts due, but not yet paid, for travel expenses on invoices #35261, #37519, and #42426 totaling $701.31. d. Paragraph 2 of Exhibit No 1 to the Software Maintenance Agreement is amended to add new language as follows: *Payment Amount includes migration and support into a NET environment when and if generally available to all customers under standard maintenance agreement. Customer agrees that subsequent to the completion of the NET version upgrade, Customer will surrender the right to continue to use the prior FoxPro version's code and it will be removed from the Customer's directory once the . NET version is installed on p] Customer's hardware, and is fully functioning, including fully functioning with all other modules and interfaces that were functioning with the FoxPro version, for a period of thirty (30) calendar days. The FoxPro version will only be removed on a module by module basis for the specific .NET modules that are installed on Customer's hardware. Customer is exempt from the payment of taxes which shall be evidenced by submission. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 4 remain in full force and effect. 4. Effective Date of Amendment No. 4 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be duly executed this day of ATTEST: City Clerk Approved as to Form: City Attorney 10 , 2013. CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF SUNGARD PUBLIC SECTOR, INC. By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 2011, by (name of officer or agent, title of officer or agent) of Sungard Public Sector, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced as identification and did (did not) take an oath. 11 (type of identification) Signature of Notary Public - State of Florida MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Rebecca S. O'Connor, Treasurer THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 AGREEMENT/BANK OF AMERICA. N.A. /BANG OF AMERICA MERCHANT SERVICES ITEM BEFORE COMMISSION Authorize an agreement with Bank of America, N.A. and Banc of America Merchant Services and the City of Delray Beach ( "Participation Agreement ") which is further bound by a State of Florida contract for EPayment Solutions and Services ( "Master Contract ") between the Florida Department of Financial Services and Bank of America and Banc of America Merchant Services. Bank of America, N.A. and Banc of America Merchant Services will continue providing payment (credit /debit card) processing for the City as per the terms of both contracts. BACKGROUND The City's current Participation contract with Bank of America, N.A. and Banc of America Merchant Services (State of Florida) Master Contract expires September 30, 2013. Bank of America, N.A. and Banc of American Merchant Services have been chosen by the State of Florida to continue providing payment processing services. In order for the City to continue current services, a new Participation Agreement between the City and Bank of America, N.A. and Banc of America Merchant Services must be executed. The Master Contract stipulates that the cost of providing credit /debit card payment services is essentially the pass through VISA/MasterCard Interchange fee, other VISA/MasterCard assessments plus a 3 cent fee per transaction. There is no Merchant Discount fee which is customary for most payment processing providers. We will be able to continue the use of existing equipment and software and therefore, there is no start-up cost. The Master Contract can be renewed for one or more periods not exceeding a total of five years collectively. The Participation Agreement expires with the expiration date of the Master Contract. Either party may terminate this contract at any time by giving the other party 90 days prior written notice. An analysis shows that for the annual period ending December 2012, sales were $6,979,741, the number of transactions was 194,190 and the total cost fees were $120,963 resulting in a cost of 1.73% of sales for the annual year. Please note that the total cost varies depending upon the number and type of Interchange fee transaction. (See attached chart.) RECOMMENDATION Recommend authorization of the Participation Agreement between Bank of America, N.A., Banc of America Merchant Services and the City of Delray Beach which in turn binds the City to the terms of the State of Florida Master Contract for EPayment Solutions and Services. We have been pleased with the service as well as cost during the term of the existing contract. It is important to note that by going with Bank of America, N.A. and Banc of America Merchant services in 2009, the City was able to save approximately $132,000 /year. ATTACHMENT D PARTICIPATION AGREEMENT BETWEEN BANK OF AMERICA, N.A. BANC OF AMERICA MERCHANT SERVICES, LLC AND CITY OF DELRAY BEACH This Participation Agreement is entered into between Bank of America, N.A., Banc of America Merchant Services (together "Contractor ") and City of Delray Beach, Florida, ( "Participant" as defined in the Scope of Work, Attachment A to the Master Contract with the Department of Financial Services). The Master Contract together with the Merchant Services terms and conditions and other attachments and incorporated documents are collectively referred to herein as the "Master Contract''. Signatures on incorporated documents do not serve to negate the prevailing provisions of the Master Contract. L PARTICIPATION TERMS AND CONDITIONS A. All defined terms in the Master Contract apply to this Participation Agreement. B. By signing this Participation Agreement, the Participant and the Contractor agree to be bound by the terms of this Participation Agreement, and the Master Contract, in the performance of their obligations. By signing below, Participant represents that a copy of the Master Contract has been provided or made available to it. C. If Participant is an Agency Participant, Participant hereby authorizes Contractor to share any and all information related to the Master Contract, excluding personally identifiable information of a cardholder, it has or obtains pursuant to this Participation Agreement and the Master Contract with representatives of the State of Florida and the specific Agency of the State of Florida to which it reports. If a Participant is a Local Government Participant, Participant hereby authorizes Contractor to share with the Department information that is required in the Dashboard under the Master Contract, excluding personally identifiable information of a cardholder. D. The parties shall retain copies according to their retention schedules under applicable law. E. Participants who elect specialized services that are subject to additional agreement terms offered as optional services under the Master Contract, are subject to those terms; however additional agreement terms do not serve to negate the prevailing provisions of the Master Contract. Participant will provide Contractor with updated business and financial information concerning Participant, including evidence of required licenses and other information and documents Contractor may reasonably request from time to time. All material marked Confidential that Contractor receives from Participant will be used only by Contractor, or Card Organizations or other third parties necessary to perform services under this Participation Agreement or related services and reporting. At any reasonable time, Contractor or any Card Organization may audit Participant's records relating to this Participation Agreement. Florida law, as applied to agreements made without reference to conflict of law provisions, governs the Master Contract and this Participation Agreement. III. FEES TO BE PAID TO CONTRACTOR A. The Participant agrees to pay the Contractor all fees and charges in Attachment B of the Master Contract. B. Such fees and charges will be billed monthly to the Agency and Local Government Participants via an invoice process, unless a Local Government Participant elects to have the Contractor debit their Settlement Account. IV. EFFECTIVE DATE AND TERMINATION A. This Participation Agreement will become effective on the date it is signed by all parties. B. Unless earlier terminated by one of the parties, this Participation Agreement remains in full force and effect until the earlier of (i) termination of the Master Contract or (ii) any date provided here: NIA not to exceed the expiration or termination of the Master Contract. C. In the absence of a default by the other party, either party may terminate this Participation Agreement at any time by giving the other party ninety (90) days prior written notice. Either party may terminate this Participation Agreement after a default by the other party as provided in the Master Contract. D. In the event of non - payment of fees because of insufficient funds in the Settlement Account or non - payment of an invoice for forty (40) days or more, Contractor may cease processing following 10 days' notice from Contractor according to the Master Contract. If Participant is an Agency Participant, payment shall be pursuant to section 215.422, F.S. If Participant is a Local Government Participant, payment shall be pursuant to legal requirements applicable to a Local Government Participant. V. NOTICES A. Any notice required or permitted to be given under this Participation Agreement or the Master Contract from one party to the other will be in writing and will be given and deemed to have been given when actually received, if hand delivered, delivered by telephonic facsimile transmission equipment and confirmed by telephone with and original mailed or hand - delivered thereafter or mailed by certified or registered mail with postage prepaid to the party or their successor at the address specified as follows: 1. Participant; City of Delray Beach, 100 NW 1" Avenue, Delray Beach, FL, Attn: Finance 2. Contractor; 3. Routine notices given by Contractor to Participant, such as transaction details, changes in terms required by systems updates or Payment Card Organization changes and any reasonable notice required by the Contractor's services agreement or addenda, schedules, and attachments, may be delivered by electronic mail to the address provided by Participant above. B. Either party may change the address to which notices are to be delivered by giving to the other party not less than ten (10) Business Days prior written notice thereof. VI. ELECTION OF OPTIONAL SERVICES Participant hereby elects to receive the following optional services pursuant to the terms and conditions contained in the various service addenda which are incorporated by reference in the Master Contract and attached thereto. The terms and conditions contained in a particular addenda shall not apply to Participant unless and until Participant elects, by indicating herein, or by future written election signed by the parties, to utilize such optional service. ❑ Account Updater ❑ Data File Manager ❑ Dynamic Currency Conversion ❑ MobiilePay ❑ PayPoint ❑ TransArmor VII. MISCELLANEOUS PROVISIONS A. This Participation Agreement, incorporating the terms of the Master Contract, contains the entire understanding of the parties and supersedes any and all previous discussions, proposals, or agreements, if any, between the parties with respect to the subject matter hereof. B. This Participation Agreement may not be amended except by an instrument in writing signed by an authorized representative of each of the parties. C. Limitation of liability shall be according to PUR 1000 -20 as modified in the Master Contract. D. This Participation Agreement is binding on the parties and their successors and assigns. Participant's Name: City of Delray Beach Select One: By: Printed Name: Title: Date: ❑ Agency Participant X0 Local Goverrunent Participant D. Glickstein Mayor Contractor's Name: Bank of America, N.A. By: Printed Name: Title: Date: Contractor's Name: By: Printed Name: Title: Date: Banc of America Merchant Services, LLC MASTER CONTRACT FOR EPAYMENT SOLUTIONS AND SERVICES Between the Department of Financial Services and Bank ofAmerica, N.A., national banlang association, and Banc of America Merchant Services, LLC THIS MASTER CONTRACT ("Master Contracf) is entered into by and between Florida Department of Financial Services, Division of Treasury, 200 East Gaines Street, Tallahassee, Florida 32394 -0344 (hereinafter referred to as "Department') or its successor, and Bank of America, N.A., national banldng association ("BANA'), and Bane of America Merchant Services, LLC ("BAMS') (hereinafter referred to collectively as "Contractor"), effective as ofthe last date signed below. WHEREAS. Section 215.322, Florida Statutes, explicitly authorizes and encourages state agencies, the judicial branch, and units of local government to accept credit cards, charge cards, debit cards, or electronic fmds transfers, and mandates the Department to develop or approve a standard contract for the acceptance of credit cards, charge cards, debit cards, or electronic finds transfers and WB ERFAS, Section215.322, Florida Statutes, provides that Agency Participants and Local Government Participants may use such payment processing services upon the same terms and conditions us agreed to by the Department, and WHEREAS, the Contractor, as an independent contractor ofthe Department, has the expertise and ability to faithfully perform such services; and NOW THEREFORE, in consideration of the services to be performed and payments to be made, together with the mutual covenants and conditions set forth, the parties agree as follows: I. Services and Deliverables The Contractor agrees to render to Participants the services or other units of deliverables ("Services ") as set Forth in the Scope of Work, Attachment A. H. Contract Documents, Order ofPrecedence A. The Contract is an integrated agreement composed ofthe documents listed below. The Contract will be posted on the Internet according to the State of Florida's Transparency Act Florida Accountability Contract Tracking System (FACTS). The Contract supersedes all purity negotiations, representations, stat.- ments and agreements, whether written or oral, regarding the services provided through the Contract, Documents signed by the Participant include the Authorizatioa and Agreement for Treasury Services, the Treasury Services Delegation of Authority Form, the Participation Agreement, and applicable optional service agreements in Attachment C. The Department will sign only the M&gar Contract In the event of conflict between provisions among the documents which compose the Contract, the following order ofprecedevice shall govern: 1. This Master Contract 2. Participation Agreement, (except relating to termination notice which will supersede the Master Contract), substantially in the form attached as Attachment D 3. The Scope of Work (Attachment A) 4. PUR Form 1000 and PUR Form 1001 5. Price Schedule (Attachment B) 6, A Participant's purchase order 7. Payment Card Organization Rules aka Card Organization Rules U. Service Agreements (Attachment G'), any documents or material referenced in the documents provided by the Contractor, as contractor services agreement whether or not listed: a) Terms and Conditions (1) If using RPO, PCG, AND ACH for State of Florida (used by Participants using RPO or PCO and ACIT) — negotiated version including CIP (used by Participants using RPO or PCG), if using banking services (only for Remote Payments Online (RPO), Payment Collection Gateway (PCG) and ACH) use the Authorization and Agreement for Treasury Services and the Treasury Services Delegation of Authority Form (2) If-using merchant services, Master Services Agreement ("MSA') a negotiated version and their addenda attached hereto; (3) Bank of America Merchant Services Operating Procedures Guide if using MSA. b) Optional Services Agreements (1) Optional services - Addendum to the MSA and elected by the Participant: (i) Account Updater Service (ii) TransArmor Service (iii) Data File Manager Service (v) MobilePay Service (vi) PayPoint Service (iv) Amendment to the BankCard Addendum - Dynamic Currency Conversion Service (2) Optional Service not subject to the MSA: Q) cCbeck guarantee services under a TeleCheck Agreement - Telecheck agreement is fully contained in the Telecheck Agreement 9. Any documents or material referenced in the douummis provided by the Contractor as Contractor's services agreements whether or not listed. B. The Contract shall not contain any provisions, and such provisions are expressly negated in the Contract, which: 1. arc inconsistent with Florida law, except where pre- empted by federal law; 2. exclude, prohibit, or negate other Contract documents or that is not subject to the order of precedence ofthis Master Contract; 3. subject the State ofxlorida to the jurisdiction of another state; or 4. provide that the Department or Participants will indemnify the Contractor or any other person. In the event of a conflict among the documents the parties shall attempt to harmonize the reading of the language. If harmony cannot be reasonably achieved, the language in document earlier in the order of precedence shall prevail over the conflicting language in a document later in the order of precedence (Le. 1. prevails over 2, 3, 4, ...), except to the extent that language is inconsistent with applicable law No documents or materials other than those listed above shall become a part of this contract except by express written agreement of the parties. Provisions in any of the documents composing the Contract that are contearyto applicable law are void but severable from the remainder of the Contract Signatures on incorporated documents do not serve to negate the prevailing provisions of the Master Contract 11L Definition Terms used in this document and not further defined herein shall be interpreted in accordance with the definitions in Attachment A, the Scope of Work. IV. Term and Renewal The term of the Contract is five years. By mutual written agreement ofthe parties, and pursuant to section 287.057(13), Florida. Statutes (F.S.), the Department may renew the Contract for one or more periods not exceeding a total of five years collectively. Any renewal is subject to the same terms and conditions as the original contract and shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Payment A. Subject to the terms and conditions established by this Contract and the billing procedures establisbed by the Department the Participant agrees to pay the Contractor for services rendered Payment tinder the Contract is in accordance with Attachment B — Price Schedule, which shall contain all pricing, inclusive of charges for maferW work, hardware, software, and other expenses except as specified as pass through ibems in Attachment B —Price Schedule in accordance with Attachment A, Scope of Work and no other fees apply except as pass - through fees allowed under the Payment Card Organization Rules, the Services Agreement; or approved in writing by the parties. Interchange, dues, assessments, fees, fines and penalties are subject to change by the Payment Card Organizations, as well as debit networks, or other pass - through costs identified on the Price Schedule, Attachment B. The Department will not accept any inflation increases during the in term. Any and all Contractor assertions of a right to security interest, reimbursement or setoff (except as noted below) are void, unless expressly authorized in the Master Contract, Scope of Work or Participation Agreement However, Contractor shall have the right to setoff chargebacks as defined in Master Services Agreement Local Government Participants may pay fbr Services via Contractor setoff against Local Government Participants' accounts; how, ver, Agency Participants shall be invoiced. Contractor shall not setoff retain payments, nor deduct from the Dapmtmenfr, Account, the Participant's account, or any other State accountw offset its claims against the Account except for chargebacks and refunds as provided in the Scope of Work B. Vendor Rights. Contractors providing goods and services to an Agency Participant should be aware of the following prompt payment standard time games. Upon receipt, an Agency Participant has five (5) Business Days W inspect and approve the goods and services, unless the Contractor's spaeifications, purchase orders or Contract specifies otherwise. An Agency Participant has 20 Calendar Days to deliver a request: for payment (voucher) to the Department of Financial Services, The 20 Calendar Days are measured from the date the invoice is received after the goods or services are received, inspected and approved. The Department is to approve the invoice in the State financial system, within 20 Calendar Days. If a payment is not available within 40 Calendar Days, a separate interest penalty, computed at the ode determined by tiie State of Florida Chief Financial Officer pursuant to section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount to the Vendor. To obtain the applicable interest rate, please refer to hitp:l fwtvw•. myfloridaefo .comlaadirrmtereskhtm. Invoices returned to a Contractor due to preparation eaors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Agency Participant with time proper tax payer identification inkrination documentation to be submitted before the prompt payment standards are to be applied. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment The invoice payment requirements do not start until a properly completed invoice is provided to the Agency Participant with the proper tax payer identification information documentation to be submitted before the prompt payment standards are to be applied. A Vendor Ombudsman has been established with the Department ofFinancial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from an Agency Participant. The Vendor Ombudsman may be reached at (850) 413 -5516. C. Taxes. The Department and Participants are exempt from payment of Florida state sales and use taxes and Federal excise tax The Contractor, however, "I not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual obligations with the Department or Participants The Contractor shall not use the Departmenfs exemption number in securing such materials. The Contractor shall be responsible and liable for the payment of ail its FICA/Social Security and other taxes resulting fzom this Contract The Department will provide its tax exemption certification upon request The Contractor shall provide the Department its taxpayer identificationnumber upon request. D. Payment Processing. All charges for S ces rendered or for reimbursement of expenses authorized by the Participant shall be submitted to the Participant ' dent detail for a proper pre -audit and post -audit to be performed. All payments fer pro€essional services wibbee paid to the Contractor only upon the timely and satisfactory completion of all services and other units of deliverable such as reports, findings and drafts, which are required by Paragraphs 1 and 2 above and upon the written acceptance of said services and units of deliverables such as reports, findings and drafts by the Participant's designated Contract Manager. Travel expenses will not be reimbursed. Interim payments may be made by the Participant at its discretion under extenuating circumstances if the completion of services and other units of deliverables to date have fast been accepted in writing by the Participant's Contract Manager. E. Contingency. If the terms of this Contract extend beyond the current fiscal year, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. F. MyFlorideMarketPlace (MFMP). [finless exempted under Rule 60A- 1.0311- .032,Florida Administrative Code each Contractor doing business with the State ofFlorida shall submit reports and be assessed a Transaction Fee of one percent(1.0 9/6) on its payments under a Contract, which must be remitted within 40Calendar Days after receipt of payment for which such fees are due or the Contractor shall pay interest at the rate established under section 55.03(1), Florida Statutes, an the unpaid balance from the expiration of the 40 -day period until the fees are remitted. (see Ph 3R. 1040 114). The Department shall assist the Contractor in seeking any applicable exemption from the M1W transaction fee through the Florida Department of Management Services. Vi. Acceptance The Department and Participant will review deliverables pursuant to 215.322 (6), F.S., and reserve the right to reject deliverables as outlined in the Scope of Work w incomplete, inadequate or unacceptable due in whole or in part to Contractor's lath` of satisfactory performance under the terms of this Contract. VII. Data Security, Confidentiality and Payment Card Industry / Data Security Standards A. Contractor, its employees, subcontractors and agents shall comply with the applicable provisions in the sections titled "Payment Card Industry/Data Security Standard Certifications and Requirements" and "Data Management and Security" as defined in section 2.19 of the Scope of Work. To the extent required by Payment Card Organization Rules and applicable law, the Contractor shall provide immediate notice to the Department and affected Participants in the event it becomes aware of any security breach and any unauthorized transmission of data Except as required by law, legal process, Payment Card Organization Rules, or to provide the Services, and after notice to the Department and the Participant, Contractor shall not divulge to third parties any confidential information obtained or created by Contractor, its employees, subcontractors or agents in the course of performing the Services. Contractor shall not be required to keep confidential information that is publicly available through no fault of Contractor, material that Contractor developed independently without relying on the State's confidential information or information that is otherwise obtainable under state law as a public record. B. The Contractor shall ensure all access is promptly terminated for every Contractor staff engaged by Contractor and under Contractor's control upon completion of assignments. C. The Contractor is'responsible for security of all services'oudined within the Contract and the Scope of Work which are in Contractor's control. D. Doss of Data In the event of loss of any State Data or Shared Data where such loss is due to the negligence of Contractor or any ofits subcontractors or agents, Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Department at Contractor's sole expense, in addition to any other damages the Department or Participants may be entitled to by law or the Contract Further, failure to maintain security that results in certain data release will subject the Contractor to the sanctions for failure to comply with section S 17.5681, F.S., together with any actual costs of the Department or Participants for responding to such a breach of security causcd by the Contractor. F. Data Protection. No State Data, as de ,fixed in Contract Scope of Work — Section One, or information will be transferred or stored offshore or out of the United States of America. The Contractor may use offshore services for its other administrative activities, not associated with handling of State Daft or access to the Department's network- Subject to Master Contract section 15, State Property Disposition, Confidential Information may be disclosed by the Contractor: (i) to any directors, officers, employees, accountants, attorneys or agents of the Contractor or its affiliates for whom it is necessary or appropriate to know such information to effect the proper performance by the Contractor of its services hereunder, and (ii) as required by applicable law, regulation or judicial or regulatory process, the riles of any stock exchange or regulatory or self regulatory organization. G. Data Access. Access to State Data shall only be available to approved and authorized staff Ifthat need changes, then access shall be removed promptly. The Contractor shall encrypt all data transmissions. Remote data access must be provided via a trusted method such as SSI., TLS, SSEL VPN, IPSec or a comparable protocol accessible by the Participant or the Department. Unless otherwise agreed by the Department in writing, Contractor and Subcontractors shall not (r') save any State Data yr Shared Data on a laptop, personal computer, PDA or other portable computer or data storage device unless such device has `Pull disc" encryption, (Ji) save any State Data on any USBIPIN drive, CD, DVD, or similar device, (iii) send any copies of State Data via unericrypted email, (iv)obtain remote access to any State Data except through a secure, dedicated line or through a trusted method using current authentication and encryption technologies. K Confidential Information. Notwithstanding any provisions or definitions of information, materials or confidentiality to the dxrntrary, Confidential Information means documents and electronic information that is confidential or exempt Bader section (s.) 119.03 (1), Florida Statutes (F.S.1 Article L Section 24, of the Florida Constitution, or pre- empting federal law. The parties will each use at least the same degree of care to prevent disclosing to third parties the Confidential Enfnrmation, under Florida law, of the other as it employs to avoid unauthorized: disclosure, publication or dissemination of its own confidential information of like character, but in no event less than reasonable care. The Contractor shall not divulge to third parties any Confidential Information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract worm including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or the Department; or Participants, except as necessary to provide the Services, in response to legal process, or as required by applicable law, regulation or lawful Payment Card Organization Rule; and restrictions on disclosure of public records shall be pursuant to section 8 below. To the extent permitted by law; the parties agree that all Customer information that qualifies as "Nonpublic Personal Information" under the Gramm-Leach-Bliley Art of 1999 or its state law equivalents ("NPP') ) is Confidential Information. V1IL Public Records Disclosure A. Public Records. Chapter 119, Florida Statutes, mandates disclosure of public records, with specified exceptions, by agencies ofthe state including private contractors acting on behalf o €the state. Chapter 119, Florida Statutes, and other applicable law shall prevail over any contrary provisions in this Contract The parties shall not be required to disclose to the public any materials protected by law, and disclosure of any Confidential information received by the State of Florida will be governed by the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes, and exceptions thereto and other provisions of Florida law creating confidentiality. The Contract will be posted on the Internet according to the State of Florida's Transparency Acts with appropriate redaction of Confidential Information by the Contractor. Should the Contractor provide technology security systems and procedures, and other information deemed confidential or exempt from the Florida Public Records Act then the Contractor shall place such information in an encrypted electronic form or a scaicd separate envelope and provide the Department or Participant with an additional copy of its documentation containing such information that has been redacted to conceal only that information that the Contractor claims to be confidential, If a public record request is made for documentation related to this Contract the Department or Participant will notify the Contractor of such request if the Contractor has provided the Department or Participant with a notice of bade secret or other confidentiality as noted above, and the Contractor shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. The Contractor acknowledges that the protection afforded by s. 815.045, F.S., is incomplete, and it is hereby agreed that no right.or remedy for damages arises from any disclosure based on the Contractor's failure to promptly legally protect its claim of exemption and commence such protective actions within ten (10) days of receipt of such notice from the Department or Participant The Contractor shall retain records relating to the Contract and its performance in accordance with the Payment Card Organization Rules subject to applicable law B. Trade Secret or other Confidential Information. Pursuant to section 812.081, Florida Statutes, a person who claims that information is a trade secret must take measures to protect such information and to prevent it from becoming generally available. As such, if Contractor submits to the Department or Participant information that Contractor considers to be a trade secret that meets the definition provided in section 812.081, Florida Statutes, Contractor shall file a notice of trade secret with the Department or Partcipant that puts the Department or Participant on notice that Contractor has provided trade secret information. Furthermore, if a Comtractor reserves the right to assert that a portion of its documentation is a trade secret, Contractor shall either: 1. provide the Department or Participant with an additional copy of the material that has been redacted to conceal only that information that Contractor claims to be a confidential trade secret meeting the definition of a trade secret as provided in section 812.081, Florida Statutes, and is clearly identified as having had trade secret information redacted; or segregate such confidential trade secret information and place it in a sealed; separate envelope that is labeled "CONFIDENTIAL TRADE SECRETS." If a public record request is made for trade secrets or other Confidential Information, the Department or Participant will notify the Contractor of such request if Contractor has provided the Department or Participant with a notice oftrade secret if the Department or Participant receives a public records request related to such uxate'rial the Contractor shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. Contractor acknowledges that the protection afforded by section 815.045, Florida Statutes, is incomplete, and it is hereby agreed that no right or.rernedy for damages arises from any disclosure. (Modifies PUR 1000 ¶33 and PUR 1001 T19), 1X Insurance During the Contract term, the Contractor at its sole expense shall provide commercial insurance, of such a type and 1,,y lib such terms and limits as may be reasonably associated with the Contract, which, at a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,0()0 per person, and $540,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of 5500,000 (defense cost shall be in excess of the limit of - liability); and automobile liability insunnoe covering all vehicles, owned or otberwise, used in the Contract work, with minimum combined limits of $500,000, including hired and nian -owned liability; or otherwise provide protection satisfactory to the Department Providing and maintaining adequate insurance coverage is a material obligation of the Contractor fad is of the essence of the Contract The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. Upon request, the Contractor shall provide its certificate of insurance. Ail insurance policies shall be through, insurers authorized to write policies in Florida. As an altemative to the insurance requirements herein, for those tisks where self - insurance is permitted by applicable lave, Contractor may through a program of self - insurance assume in whole or in part such risks upon written consent of the Department's contract manager_ Such consent sball mat be unreasonably withheld X. Termination A. The Contractor, in its sole discretion, may terminate the contract at any time by giving twelve (12) months written notice to the Department. The Department, in its sole discretion, may terminate the contract at any time by giving twelve (12) months written notice to the other party. B. All services performed by the Contractor prior to the termination date of this Contract shall be professionally serviced to conclusion in accordance with the requirements of the Contract Failure to comply with the requirements of the. Contract may subject the Contractor to a default proceeding in accordance with Rule 60A- 1.006, F.A.C. C. As provided in section 287.058, Florida Stab. rtes, the Department may terminate the Contract immediately in the event that the Department requests in writing that the Contractor allow public access to all documents, papers, letters, or other material subj ect to the provisions of Chapter 119, Florida Statutes, which are made or received by the Contractor in conjunetion with the Contract, and the Contractor refuses to allow such access, however, nothing herein is intended to expand the scope or applicability of Chapter 119, Florida Statutes, to the Contractor. The Contractor shall not be required to disclose to the public any proprietary copyrighted trade secrets or other materials protected by law as pumuantto Section 119.07, Florida Statutes. D. Scrutinized Companies. The Contract may be terminated at the option of the Department if the Contractor is found to have submitted a false certification required by s. 287.135, F. S., or been placed on the Scrutinized Companies with Activities in Sudan List or the, Scrutinized Companies with Activities inlie Iran Petroleum Energy Sector List Notice. Section 287.135, F-S. would operate to make businesses ineligible to contract with the State ofFlorida in specified circumstances. Currently, the 2012 changes to this section have been enjoined by a court of law. if ultimately upheld by the court the Contractor who is awarded this contract may be required to amend the contractto certify compliance with the law, i.e. that the business is not and will not engage in business operations in Cuba or Syria, E. If at any time the Contract is canceled, terminated, or has expired, or a contract is subsequently executed with a firrn other than the Contractor, the Contractor has the affirmative obligation to assist in the smooth transition of Contract services to the subsequent contractor. The Contractor agrees to provide, for up to six 6) months after termination or until the subsequent provider is My operational, whichever occurs first all reasonable termination assistance requested by the Department to facilitate the orderly transfer of such services to the Department or its designees, Such termination assistance shall be at no additional charge to the Department or Participant if the tem aination 1s due to Contractor default and if associated with technology services shall not exceed Contractor's current maintenance rates for such services. Contractor shall assist in transition of data as provided in Paragraph14 below. For avoidance of doubt, Department or Participant, as applicable, shall continue to pay all applicable fees and other amounts due under the Contract for the extended time period according to section 30 g, survival of exit transition tasks. F. The Participant shall notify, in writing, the Contractor and the Department's Contract Manager when the Contractor fails to adhere to Contract terms and conditions. This notice shall state the nature of the failure. to perform and provide a time certain for correcting the failure within timeframes specified in S cope of Work - Attachment A. The notification will also provide that should it fail to pctform within the time provided, the Contractor will be found in default and removed from the Department's approved vender list If the Contractor defaults in the performance of any covenant or obligation contained in the Contract including without limitation the minimum requirements contained in the Scope of Work, or in the event of any axtyproyis5on -of the Contract. by the Contractor, the Department rnjay, in its sole discretion, provideAcklimAndan of tennination, If the defealt or breach ii-tot cured within- thirty (30) days 4ifterw.itten ncitioe, unless otlrcrwise spectifaer3 in then Scope ofWork; `18.giveww tare 0*ntrzaorvoa�.ing The namr6bf the avgeA dc&ult or b,rmh, then Ujb6n jiving vaitiza notkelo the C-1oftiracitor. slialthave, I.hexightto Irtminate 6e Contract 6fftctiyt w of t ie deft of receipt `dAWt noti&, � 6�s.otkp- se. t — qf tbe' III . Wi pocIfiod in tbd'S6hp' o of 'Wp&, G. After Tempi c�a nofice of teraina�on or pinQ termination, and "t as o6erwise alrected by t6 bepartment, the C,,Pnbwor dw I stop wforming- smit:W*the dfite, W to tide *qM0PeQiAe4, is theq0ticOr The COnttamr sho a arceptro fbitber-work or new services related to theoRected DjAvcmblm and shall; as son-as pracficable, bul: in no emt longer thawthirty k3O) Calendar Days ,affer tamination, unless vthrnvisc Te6fiod -4-tht-Scope -of Work, te=ijnatB my orde erm Outgtondin liabilitim am Aim �mdlor subcontracts related to �hzt 9 d am cU= ar&Ing-out of such termination 4 orders luld/Or snikmrwts,*i6 the appwval orratificafion, Of Az P"rtinentkqtheemutTe ich a -be fiqalfi h�yi qai* %W pprqvol of iqiifidatiod shaU pyt jrpm of.thi's seQdoij- 1% failure -to pay.b7itason.of non-AWo priati .on AsUi a tmW4 Btio of Rm-yii= 2. ThoDrpattracntshalt wmit)aw this Cootraotin-patt-aith rmpo:t-loall'Services-for-*Mchallon-Approproa6c,.n L% b w=rrWo, M. Evwts cif 150fault A - CQn tMew'' thefwlowing -evants, a3% or- omissions, not tuned within the•t[mr fternes required by the Scope of Work or fke-qjqjlcW�e I *e' eo . m j tJim P)ar. "I !Wade but, amr u, , , `41.entw I , , , d " - - , 4.. Pail re to pay any and esindividmban payrnentxo apy oibera.Mesas mquired her6ift,_in oorAcodoix wo.fimContract;, thi A'lu: tot b e Z F app 3. Ibe le 'within or abaadpr rAgrltafthe Co 4.. w c t. of tbe Work 14 b is Tic Our(xdwithin thirty (M) days fmin �xeilpt OftinfWe fiUM the Dapartnost; 5. Dike or mere of the t;ncwTPcted for nvoxwfban thiM �U) &A unless vi fC4 NrtS PO)Aay period; the Cmtvator Czt*luding its receiver ar ii> t* in bankraptcy) pr6vides -to tht Dqrtrnent adecpu* to the DIT-ammat, of its wntinukg alAty and wilhngnm to .fulfill its of *Oons underthe Contradt' -a) "Gutty PF= prOer-for relief uadw, Title I I d ffitUnited.Stai�esCode; b$ � Ike . fru0cingby tlx C&Ui4tor Ofagen" aWv=wt for the.b.ene5t-QfcnNftqrsi; e) Ibe-appoiatment--ofa,*pGeral rec0y.er or trustm inbaaktupWy ofihe Contractor's business or Property, (1) An ac�ion b yfl-Cqr&aknder2my stateipgoivwc Y I r Odar Aqw fi:T th r Pu PO40. qf its ban krtapt�y, morpnLmfioa, or liqvidati=4 e) Entry cif an order revoking the omtfficate ofautbority-grantor -to the Ctotmam bytio State *r�otherjjcmsing f) Tht Contrartor makes orba va& -an iiftational mathal misrepresewation or Qwission in-any,mawj4.,% provided 0 the DepoMpeot or Pamir: *lt or fails toAaj6I4iu -the rewired ins.uremce. Teryinafiqn by the Contractor. II; and. only it the. Departmeptfails to.P4ytheContractor when tine _undiVuWcharges totaling X least .two mondiee*ges under the -Contract zadMjs to make such payment within 30:days aadcxpressly intent Ip Od within such 30 dayQ�tenperi4 ihvCo - raractor, Tq ay.teminnft thz-Contra4as'to thedekaltitg Participant, as oF a -date speci�ed -in g separate wftdo mom offtmination given to the Departtfiefit, Wf gulr cd W Omprovi6ons 6FCb!nW' W" 'Hoilh rtgzrdiag g re tei niiiatian.c c edftiansiti Qn -qwvices to beprovi&d by the Contractor. For t6 avWLmee of&ubt this oectiov sates the widy obtunstantes in wb1oh, mid be. only V*umds crg whi6, the Contractorbmft right to terminate the Con Uutprior to its expiration, 7ht4CovtmctuTs it=rr'niniffiati nodde4ill tint tPOOC' 40reaca.-this Contract section rand eV.tbidy LaOes'thiit the -Contmtor intMAS to 13UTSUO urmiqafio p not caW withih the applimble ouro .9 Umto pay undisputed amounts chrand zwing is period. Thh Depxwmfs 4ilurp,to pwf0m.or ukateript delay in-perferming any Of tbe.-Depwtment's responsibilities under this Contract (m causing tD:bzp"rrned by the applicob'b-e tl*d,party) will not constiftd6trounds for iomfin4on of the .Cantract.Rowever, thgi Connwtavroay�dbtain as aedcile .delay Eta tcC*xIanae with PURIOM $24, For= M41eute with-mmonable. notice of suet nunpoKommilm-and, ifso re.questtd-bylbe Department, Shall use c*mmemiallyTmonable efforts to pwforit notwithsianding •svch Departrneafmlure. NawithaWdiing the Ibnoing, Contractor UM may smnnmte the Contract, or susPe"d the CMUWt for apmiod ot time Pet mestary -for the Dq*in=far Pw*ipwt to m6a.diateftrisk to BAMS' mOsf4citim for any or all Servim provided by:Contractor BAM S to the Department or Participan*)-dReative oa not im than AtirLy (30) days' notice., or such lesser time as required or permitted under the Card Organization Rules or permitted by Applicable Law, and Contractor GAMS will send Department or Participant(s) written notice of the termination, upon the occurrence of any of the following events: (i) violation of Applicable Law by the Department or Participant (h) as expressly required by Card Organization Rules, (iii) the Department's or Participant's insolvency in accordance with section 11(v), (iv) a Participants failure to maintain cbargeback levels lower than "excessive" chargebacks as defined by the Card Organization Rules, (v) a Participant's failure to pay third party fees or (vi) fraud, intentional torts, willful misconduct (including intentional breach of contract), or gross negligence of or by the Department or Participant (or an entity or person for whom the Department or Participant is responsible, pursuant to the Master Contract) in regards to the Department's or Participant's use of these services. Termination under this Section 11(b) maybe limited to one or more specified Participants X11. Remedies, Liability and Indemnification A. The Contractor's failure to complete work tasks both in an acceptable manner to the Department and on time will result in substantial damage to the Department or Participant; however, the amount of damages resulting from such failure cannot be calculated with certainty. Each such failure to complete a work task both correctly and on time is hereinafter referred to as a default. Defaults shall be deemed corrected on the date that the work task has been correctly completed. For each default the Department may apply financial consequences as a remedy, not as a penalty, for failure to meet the applicable requirement, as set forth in the Scope of Work, unless such failure to meet the performance requirements was due to causes not within the ability of the Contractor to control, avoid, or mitigate through reasonable prudent action. B. PUR 1000, section 14 is replaced with the following, and additionally the following provisions apply - (i) No provision in this Contract shall require the Department or Participants to hold harmless or indemnify the Contractor, insure or assume liability for the Contractor's negligence, waive the Participants' or the Department's sovereign immunity under the laws of Florida, or otherwise impose Iiability on the Department or Participants for which it would not otherwise be responsible under the Master Contract Scope of Work or Payment Card Organization Rules. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract. Notwithstanding language to the contrary in any other document governing the contractual relationship between the parties, the Departme t and Participants are prohibited by Article VII, Section 10, of the Florida Constitution, from pledging the credit of the state and therefore cannot and does not indemnify any person. The parties do however, acknowledge that section 215.322, Florida Statutes, explicitly authorizes and encourages state agencies, the judicial branch, and units of local government to accept credit cards, charge cards, debit cards, or electronic funds transfers, and mandates the Department to develop or approve a standard contract for the acceptance of credit cards, charge cards, debit cards, or electronic funds transfers. The parties further acknowledge that in the Payment Card Organization Rules it is standard industry practice for the acceptance of such transaction modes to entail certain contingent liabilities which are often labeled as "indemnifications." Rather than "indemnifications," despite being labeled as such, it is the intent of the parties that any such contingent liabilities flowing through this Contract to the State of Florida, its branches, agencies, or units are the direct liabilities of each signor of a Participant Agreement, to the extent of the Participant's use ofthe Services. The patties recognize that the implementation of this intent may be impacted by judicial decisions or statutory changes. The Department shall notify the Contractor of any such decisions or changes as soon as reasonably possible upon the Department's awareness of them, so that the parties may discuss the implications of such events upon the contractual relationship. 1. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Participants from any suits, actions, dmuages, and costs of every name and description arising from or relating to violation or infringement of a trademark, copyright, paten; trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to (1) a Participants' misuse or unauthorized modification of Contractor's products; (2) a Participants' operation or use of Contractor's products in a manncr not contemplated by the Contract or the purchase order, or (3) Participant's use of a Contractor provided Deliverable only to the extent of its hosted portion of processing transactions through a partially hosted or hosted gateway, or software in combination with computer programs, processes, hardware, software, data, systems, or services owned, licensed, or provided by Contractor's subcontractor or other partner in providing the Services, which use is not contemplated by the Contract or subsequent Change Order. If any product is the subject of an infringement suit or in the Contractor's opinion is likely to became the subject of such a suit, the Contractor may at its sole expense procure for the Participants the right to continue -using the product or to modify it to become non - infringing. If the Contractor is not reasonably able to modify or otherwise secure the Participants the right to continue using the product the Contractor shall remove the product and refund the Participants the amounts paid in excess of a reasonable rental for past use. The Participants shall not be liable for any royalties. 2. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon the State or Participants giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost expense, or compromise incurred or made by the State or Participants in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. C. Contractor agrees to protect, indemnify, defend and hold harmless the Department from and against any and all costs, claims, demands, damages, losses and liabilities arising from or in any way related to Contractor's breach of data security or the negligent acts or omissions of Contractor related to this subsection provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent acts or omissions of a Participant. D. Liability of the Parties. Fach party acknowledges that it is liable to the other subjeet to the limitations as set forth in paragraph 20 ofPUR -3000 as modified herein, for claims, damages, or losses arising from the negligence of its employees, agents, and representatives, including both actions and failure to act (i) in accordance with the requirements of this Agreement, including the Payment Card Organizations Rules, and (ii) any violation of any applicable law, regulation, or order. "Losses" includes, but is not limited to, reasonable costs, assessments, fees and Imes from the Payment Card Organizations. For avoidance of doubt, in the instance of losses arising out of a party's negligence, that party will be liable to the other party even if the losses involve the actions of a third party. For example, should a party fail to secure cardholder data and a third party is able to obtain and misuse such data, the party whose negligence resulted is the wrongful possession or misuse of the data will be liable to the other for losses related to the cardholder data compromise, assessments, fees and fines from the Card Organizations. E. The provisions of the General Contract Conditions ofPUR 1000, section 20 shall apply but, for the avoidance ofdoubt, the Iimitations and exclusions of liability will not apply to exclude or limit the recovery of any damages required by Rule 60A- 1.006, RA.C., or attributable to any of the following: I . fraud, intentional torts, willful misconduct (including intentional breach of contract), unlawful conduct, or gross negligence ofor by the Contractor (or an entity or person for w horn the Contractor is responsible) subject to a reasonable notice and cure period; or 2. the Contractor's cessation or abandonment of any Services without providing Exit Transition Services substantially in accordance with the Contract 3. amounts due pursuant to Section 817.5681, F.S., resulting from a data breach caused by the Contractor. The parties understand that in no event shall Contractor be liable for payment of actual costs which Contractor has already paid for such data breach. Also, for avoidance of doubt, the maximum dollar amount attributable to direct damages in section 20 ofPUR1000 will be the greater of (A) $100,000 or (B) total cost calculated using the amount of fees and charges paid by the Department as to the Master Contract, or Participant as to the Participation Agreement minus fees and charges paid by Contractor to necessary third parties, such as Card Organizations, and which are identified in the Price Schedule and required to be paid to such third parties. The Department's and a Participant's maximum liability for any damages, regardless of form of action, shall in no event exceed the total cost of the Contract to the Contractor for the relevant products or services giving rise to the liability. Provided, however, that the foregoing limitation shall not apply to the following: (a) fraud, intentional torts, willful misconduct (including intentional breach of contract), unlawful conduct, or gross negligence of or by the Department or Participant (or an entity or person for whom the Department or Participant is responsible) subject to a reasonable notice and cure period; (b) amounts due resulting from a violation of Applicable Law or Card Organization Rules; (c) amounts due resulting from a data security breach caused by the Department or Participant, (d) the Department's or Participant's liability for chargebacks; or (e) the Department's or Participant' s liability for payment of any and all third party fees as described in the Master Contract (Price Schedule — Attachment B) Xlll. Damages for Service Level Deficiencies Remedies far Deliverables deficiencies are addressed in the Scope of Work in Attachment A. XIV. Exit Transition Responsibilities In the event of an expiration or termination of this Service, the Contractor shall provide 120 days' notice prior to the expiration or termination and provide a specific and detailed technical transition plan to the Department prior to any termination or data return. At a minimum, the technical transition plan shall include but not be limited to knowledge transfer for any technology support needed by the Department or its designee to continue services. In an effort to avoid any fmancial loss to the Department, the Contractor shall conduct such transition with the same degree of care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a litre capacity and familiar with such matters would use. XV. State Property Disposition A. Title to all property famished by the Department or Participant under this Contract shall remain with the Department or Participant, and the Contractor shall surrender to the Department or Participant all property ofthe Department or Participant prior to settlement upon completion, termination, or cancellation. The parties shall settle any transfers of property which may have beam required to he furnished to the Department or Participant or which otherwise belongs to the Department or Participant; and the Contractor shall provide written certification to the Department or Participant that the Contractor has surrendered all said property. B. Subject to Card Organization Rules and applicable superseding law that mandates otherwise, all Deliverables shall become and remain the Department's property upon receipt and acceptance. As between the parties, data provided to the Contractor by the Department (State Data as defined in Attachment A) will be and remain the property of the Department regardless of whether Contractor or the Department is in possession or control of the State Data. The State Data and Shared Data will be made available to the Department, upon its request, in the form and format reasonably requested by the Department Contractor and its representatives will not sell, assign, lease, or otherwise dispose of any State Data to third parties or commercially exploit the State Data other than for the benefit of the Department and Participants as authorized by the Contract or Payment Card Organization Rules, nor will any employee of the Contractor other than those on a strictly need to know basis have access to the State's data Neither Contractor nor any of its representatives will possess or assert any lien or other right against or to any State Data in any circumstances. Participate are not acquiring a copyright, patent, or other intellectual property right in any Service to the extent that they are solely commercial off - the-shelf products copyrighted by the Contractor, and licensed to the Participants during the term of the Contract, such as partially and fully hosted gateways, XVI. Additions, Deletions and Substitutions In the event scMces are required to be performed or equipment required to be purchased that are not set out in the Contract; but are within the general scope of the requirements, the Department and the Contractor will negotiate the terms covering the required services or equipment by adding or deleting any item from the terms of the Contract on a periodic basis as necessary when deemed in the best interest of the DepartmeriL The Contractor or Department will be responsible for submitting requests on a timely basis with sufficient documentation to allow evaluation of the rcquest. The Department will consider changes by the Contractor to contract items, provided revisions are in accordance with the conditions and specifications contained in the Contract. XVII. Contract Modification This Contract may be amended only by a written agreement between both parties subject to the provisions of chapter 287, Florida Statutes_ If a particular service or deliverable is inadvertently omitted or not clearly specified but determined to be operationally necessary, such service or deliverable will be provided by the Contractor tbrough the contract amendment process. XVIR. Nonexclusive Contract This Contract is not an exclusive license to provide the services described in the Contract. The Department may, without limitation and without recourse by the Contractor, contract with other Vendors to provide the same or similar services as specified in Section 215.322, F. S. XVIITI. Statutory Notices The Department shall consider the knowing employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act Such violation shall be cause for unilateral cancellation of this Contract. An entity or affiliate who has been placed on the public entity crimes list or the Discriminatory Vendor list may not submit a Response on a contract to provide any goods or services to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity pursuant to limitations under Chapter 287, Florida Statutes. XX. Compliance with Federal, State and Local Taws The Contractor as well as its employees, subcontractors, and agents shall comply with all applicable federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, worker's compensation liecnses and registration requirements. MU. Background and Employment Eligibility Verification The Contractor is responsible for payment of costs if any, and retaining records relating to, employment eligibility verification, which records are exempt from Chapter 111, F.S., and which verification requires the following: A. The Contractor must participate in the federal E- Verify Program for Employment Verification under the terms provided in the "Memorandum ofUnderstanding" with the federal Department ofHomeland Security governing the program if any new employees are hired to work on this Contract during the term of the Contract The Contractor agrees to provide to the Department, within thirty days of hiring new employees to work on this Contract, documentation of such enrollment in the form of a copy of the E- Verify `Edit Company Prof le" screen, which contains proof of enrollment in the E-Verify Program. Information on "E- Verify' is available at the following website: http:/Avww.dhs.gov/Mes/progmuLs/gc__l 185221678150.shtaL B. The Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E- Verify Program upon hiring new employees during the term of this Contract The Contractor shall obtain from the subcontractor(s) a copy of the "Edit Company Profile' semen indicating enrollment in the E- Verify Program and make such record(s) available to the Department upon request. C. Compliance with the terms of this Employment Eligibility Verification provision will be an express condition of the Contract and the Department may treat a failure to comply as a material breach of the Contract. D. Background checks - Contractor must provide an attestation that a background check bas been or will be conducted on the team members who will work on site at DFS. Background checks are to be obtained by the Contractor online from FDLE at http: / /www.fdle. state. fl. us /Criminal History_ In their Implementation Plan the Contractor will explain how they will assure that their staff will meet the standards before the requested staff may work on site under the Contract. The Contractor is responsible for payment of; and retaining records relating to, employee security checks, which records are exempt from Chapter 119, 173. It is not anticipated that any workers will be required to work on -site, Attending meetings with Department or Participant personnel at a Department or Participant facility does not constitute working onsite. XXIL Electronic Accessibility if applicable, Section 508 of the Rehabilitation Act Amendments, 29 USC Sec, 794, compliance information on the supplies and services in this contract are available on a website indicated by the Respondent in the Response or resulting Contract The Electronic and Information Technology standard can be found at; httpJ /www.section508.gov /. XOITII Duty of Continuing Disclosure of legal Proceedings (Information Regarding Litigation or Regulatory Action) The Contractor shall provide information to the Department regarding any material litigation brought against Contractor, which would cause a reasonable party to be concerned about the Contractor's performance, or if Contractor is engaged in conduct that would constitute a breach of this Contract or a violation of Florida law, regulations or public policy. One method that the Contractor can provide this information is for the Contractor to make all disclosures required by its regulators, including all required disclosures in its Animal Reports on Form 10 -K and Quarterly Reports on Form 1042, which are updated in Reports on Form 8 -K, all of-which are filed with the Securities and Exchange Commission. Those Reports include disclosures of material litigation, investigations and other matters as required by federal law and are publicly available ("Proceeding'J. In the event that any such Proceeding disclosed by time Contractor, or of which the Department or a Participant otherwise becomes aware, during the term of ibis Contracts would cause a reasonable party to be concerned about the ability of the Contractor (or a Subcontractor hereunder) to continue to perform this Contract in accordance with its terms and conditions, or whether the Contractor (or a Subcontractor hereunder) in performing Services for the Department or Participant is engaged in conduct which is similar in nature to conduct alleged in such proceeding, which conduct would constitute a breach of this Contract or a violation of)~ lorida law, regulations or public policy, then the Contractor shall be required to provide the Department all reasonable assurances requested by the Department to demonstrate that the Contractor and/or its Subcontractors hereunder will be able to continue to perform this Contract in accordance with its terms and conditions XXIV. Auditing and Compliance Standards The Contractor must maintain accurate and complete financial records of its activities and operations relating to this Contract and Participation Agreements, complete books, documents, accounting records and other evidence, that specifically relate to this Contract, in accordance with generally accepted accounting principles. The Contractor shall retain such records, and shall make available to the Department, upon reasonable request, during the term ofthis Contract and the Contractor shall retain records relating to the Contract and its performance in accordance with the Payment Card Organization Rules subject to applicable law. In the event any litigation, claim or audit is instituted prior to the expiration of the required period, such records shall be retained until such litigation, claim or audit fording has been resolved. Copies of said records shall be furnished to the Department upon request and inspection allowed pursuant to PUR 1000 -18. XXV. No Advertising or Endorsements The Contractor's services to the Department may be generally stated and described in the Contractor's professional resume, The Contractor may not give the impression in any event or manner that the Department recommends or endorses the Contractor. This clause replaces any and all other agreements regarding publicity, Any and all limitations of speech regarding a party are void. XXVI. Export Control Contractor certifies that by entering into this contract, it is, and during the term will ensure it remains, in compliance with the U.S. export control laws. XXVIL Authorization of Business Third Parties to Access State Data The Department hereby authorizes the Contractor to provide access to the Department or a Participant's staffhired via staff augmentation or other contracted service related to the state's performance of its duties under the Contract (Business Third Parties), to the State Data and the Contractor represents that such access shall be in accord with the following: (i) each Business Third Party shall respond affirmatively to nondisclosure requirements protecting the Department's Confidential Information as set forth in a Nondisclosure Acknowledgment; (ii) all Business 'Third Parties accessing the State Data shall be licensed as named users; (iii) Business 'third Parties are expressly limited to screen access to the State Data; (iv) in no circumstances may Business Third Parties have access to modify State Data; (v) in no circumstances shall Business Third Parties Use the State Data in their operations or management of the business of such Business Third Parties; and (vi) such use shall not constitute an unauthorized exportation of any Confidential Information under U.S. Government laws and regulations. The Department or the applicable Participant will assist the Contractor in resolving software malfunctions by providing the Contractor: (i) temporary remote electronic access to the Department's system (within the parameters allowed by the Department's Project Management Office) for the sole purpose of conducting maintenance in accordance with the Contract 10 (ii) information and evidence of the malfunction (iii) and appropriately qualified personnel available to answer questions and perform remedial functions. XXVIII. Functional Equivalents and Substitutions The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Department shall determine whether a product is acceptable as an equivalent. Minimum qualifications for acceptance of substitutions include. (i) the substitute item shall meet or exceed the applicable requirements and specifications set forth in this Contract or Scope of Work (ii) any substitute item shall be compatible with the existing deliverable at the time the substitute is proposed for use; (iu) the substitute item or service shall have the capacity and performance characteristics equal to or better than those ofthe item it is to replace; (iv) the substitute item or service shall offer the same or increased functionality as the item it is to replace; and (v) the substituted item must be approved, in advance, by the Department- With any commodity offered as an equivalent, the Contractor must oertify that it has consulted with the manufacturer and can represent it is not scheduled to be discontinued by the manufacturer within the next year; and if the manufacturer does discontinue the commodity, the Contractor shall certify that it will replace such commodity at no cost to the Department or Participant. This is not intended to restrict upgrades contemplated by the Scope of Work XXV"rM Contractor Itequireinents and Responsibilities Subcontractors may be used. However, the Contractor will be responsible for meeting the requirements and timefiames provided regardless of delays or non - performance caused by a subcontractor. Assignment is allowed upon notice to the Department and amendment to substitute the assignee as party to the Contract. It is mandatory for the Contractor's assignee to assume full responsibility of delivery, installation, maintenance, and support Services and all other provisions of the Contract. XDCK Miscellaneous A. This Contract includes the Master Contract document and all other documents listed in Section 2 of the Master Contract document which embodies the entire agreement ofthe parties. There are no other provisions, terms, conditions, or obligations. This Contract supersedes all previous oral or written communications, representations or agreements on this subject. In any conflict between this Contract and any referenced or attached addendum the terms and conditions of this Contract shall take precedence and govern Acceptance of Service orprocessing o£doe mentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of ibe proposed modification to terms and conditions. B. Dispute Resolution: any dispute concerning performance of the Contract other than card disputes or other dispute processes required by the Payment Card Organization Rules or NACHA regulations shall be subjected to the following process: 1. Representatives of the Contractor and the Department shall meet as often as the parties reasonably deem necessary to gather and furnish information regarding the issue in dispute which the parties regard as appropriate to resolve the dispute; 2. The party representatives shall discuss the matter and negotiate in good faith to resolve the matter; 3. In the event that an agreed upon resolution is not reached through negotiation, the Department's designated Contract Manager, shall make a determination about the matter and reduce the decision to writing and send a copy to the Contractor at a previously provided address; 4. In the event the Contractor is dissatisfied with the Department's decision, the Contractor may initiate a formal alternative dispute resolution mechanism or escalation procedures, if such is authorized by the Scope of Work; however no mandatory mediation nor arbitration is authorized and any provisions to the contrary do not apply to this Contact-, and 5. Failing success of both the informal and formal dispute resolution processes identified above, jurisdiction for any dispute arising under the terms of the Contract will he in the courts of the State of Florida, and venue Will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Contract. Disputes regarding card disputes or other dispute processes required by the Payment Card Organization Rules or NACHA regulations will be more particularly identified in the Department's Implementation Plan. C. The laws and rules of the State off lorida and the U.S_ Federal Law govern this Contract. D. The Contractor agrees that no fends received by it under this Contract will be expended for the purpose of lobbying the Legislature or a State Agency pursuant to section 216.347, Florida Statutes, except that pursuant to the requirements of section 287.058(6), Florida Statutes, during the germ of any executed contract between the Contractor and the Department, the Contractor may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that contract; E. The Contractor is an independent contractor, and is not an employee or agent of tine Department or Participant F. All contracted services, entailing access to the bepamnent�s secure information or facilities, are to be performed solely by the Contractor and may not be subcontracted or assigned without the prior written consent ofthe Department. The Department may refuse access to or requim replacement of arty Contractor employee, subcontractor or agent for cause, including but not limited to, technical or training qualifications, quality of work, change in security status or non 11 compliance with a Department policy or other requirement. Such action shall not relieve Contractor of its obligation to perform all work in compliance with the Contract. The Department may reject and bar from any facility for cause any of Contractor's employees, subcontractors or agents. This paragraph does not apply to the Contractor's general use of subcontractors who are not given access to the Department's secure information or facilities, nor does it apply to the attendance of meetings by contractors, employees, agents, or subcontractors, within the Department's secure facilities, unless the basis of the Department's denial of access is based on safety or security considerations. G. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding exit transition processing and settlement of card transactions, confidentiality, proprietary interests, data security obligations, data access, and limitations of liability shall survive termination, cancellation or expiration of this Contract. H If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. L During the term of this Contract Contractor shall not knowingly employ, subcontract with or sub -grant to any person (including any non - governmental entity in which such person has any employment or other material interest as defined in Section 112.312 (15), Florida Statutes) who is employed by the State or who has participated in the performance or procurement of this Contract except as provided in Section 112.3185, Florida Statutes. J. No unilateral acts by the Contractor are authorized and all tasks asserted to be in the Contractor's discretion are applicable only if the acts are authorized by the Master Contract or Scope of Work, and will be only upon prior notice to the Department. There is no deemed acceptance of Deliverables. All Deliverables must be received and accepted in writing by the Contract Manager before payment. No Contractor documentation that is referenced but not attached to the Contract will apply unless agreed to in the final Master Contract or a final Participation Agreement. Notwithstanding any provisions to the contrary, no "click wrap" Software License shall be effective upon downloading unless and until the Department has reviewed it and agreed to its terms in advance of download. Contractor shall provide all information that the Department or Participants cannot easily obtain I order to make its determination. XXXI. Execution in Counterparts; Authority to Sign. This Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. XXXiI. Contract Administration A. The Department Contract Manager is: Andrea Hoffman, Division of Treasury, located at 1801 Hermitage Boulevard, telephone number 8501 413 - 2752, email address: Andre&Hofiman@mylloridacfo.com B. The Contractor Contract Managers are: 1. For Barak of America: Kristin Harrison, Senior Vice President, Senior Treasury Solutions Officer Bank of America Merrill Lynch, Bank of America, N.A. located at 315 South Calhoun Street, 2nd Floor, FL8- 260-02 -5, Tallahassee, FL 32301, telephone number 850-561-5911, email address: kristin.harrison(&,,baml.com= 2. For Bank of America Merchant Services: Michelle Whalen, CCM (Certified Cash Manager), Relationship Manager, Corporate and Commercial Services, Healthcare & Institutions and Public Sector Markets, Bank of America Merchant Services, located at 9219 Bimini Drive, Bradenton, FL 34210, telephone number 941 -896- 8881, email address; michelle. whalen @bankofamerlcarnerchant.com. C. All written and verbal approvals referenced in this Contract must be obtained from the parties' Contract Managers designated in this Section or designees_ Notices required to be in writing must be delivered or sent to the intended recipient by hand delivery, certified mail or receiped courier and shall be deemed received on the date received or the date of the certification or receipt. IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this Contract. Florida Dep Financial Services Division o Chief Fin ial r e Signature: Title: Date: f 3 Bank of America, N.A. Contractor Repre entative(s): 4 Signature• Title: ( .0 n; t 1 1, r° ' Date: Banc of America Merchant Services, LLC Contractor Representativ Signature: ,�, �- Title:_ _ !E;: Date: 51'1 C7 1 ... 12 INSERT D OCUMETS IN THE FOLLOWING ORDER Attachment A — Scope of Work Attachment B — Priee Schedule Attachment C — Service Agreements 1. Current Terms and Conditions RPO, PCG, AND ACH for State of Florida (used by Participants using RPO or PCG), 2. Master Services Agreement (MSA) 3. Bank of America Merchant Services Operating Procedures Guide if MSA is used 4. Account Updatcr Addendum to the MSA S. TransArmor Addendum to the MSA 6. Data File Manager Addendum to the MSA 7. Dynamic Currency Conversion Addendum to the MSA- 8. MohilePay Addendum to the MSA 9. PayPoint Addendum to the MSA 10. eCheck guarantee services under a TeleCheckAgreeement Telecheek agreement is Cully contained in the Tslecheck Agreement Attachment D — Participation Agreement Attachment E - PUR Forms 1000 and 1001 Attachment F - Volumes, Ffgaipment and ePayment Solutions 13 ATTACHMENT D PARTICIPATION AGREEMENT BETWEEN and This Participation Agreement is entered into between ( "Contractor ") and Participant as defined in the Scope of Work, Attachment A to the Master Contract with the Department of Financial Services. The Master Contract together with the Merchant Services terms and conditions and other attachments and incorporated documents are collectively referred to herein as the "Master Contract". Signatures on incorporated documents do not serve to negate the prevailing provisions of the Master Contract. I. PARTICIPATION TERMS AND CONDITIONS A. All defined terms in the Master Contract apply to this Participation Agreement. B. By signing this Participation Agreement, the Participant and the Contractor agree to be bound by the terms of this Participation Agreement, and the Master Contract, in the performance of their obligations_ By signing below, Participant represents that a copy of the Master Contract has been provided or made available to it. C. xf Participant is an Agency Participant, Participant hereby authorizes Contractor to share any and all information related to the Master Contract, excluding personally identifiable information of a cardholder, it has or obtains pursuant to this Participation Agreement and the Master Contract with representatives of the State of Florida and the specific Agency of the State of Florida to which it reports. If a Participant is a Local Government Participant, Participant hereby authorizes Contractor to share with the Department information that is required in the Dashboard under the Master Contract, excluding personally identifiable information of a cardholder. D. The parties shall retain copies according to their retention schedules under applicable law. E. Participants who elect specialized services that are subject to additional agreement terms offered as optional services under the Master Contract, are subject to those terms; however additional agreement terms do not serve to negate the prevailing provisions of the Master Contract. H. MERCHANT SERVICES TERMS AND CONDITIONS Participant will provide Contractor with updated business and financial information concerning Participant, including evidence of required licenses and other information and documents Contractor may reasonably request from time to time. All material marked Confidential that Contractor receives from Participant will be used only by Contractor, or Card Organizations or other third parties necessary to perform services under this Participation Agreement or related services and reporting. At any reasonable time, Contractor or any Card Organization may audit Participant's records relating to this Participation Agreement. Florida Iaw, as applied to agreements made without reference to conflict of law provisions, governs the Master Contract and this Participation Agreement. III. FEES TO BE PAID TO CONTRACTOR A. The Participant agrees to pay the Contractor all fees and charges in Attachment B of the Master Contract, B. Such fees and charges will be billed monthly to the Agency and Local Government Participants via an invoice process, unless a Local Government Participant elects to have the Contractor debit their Settlement Account_ IV. EFFECTIVE DATE AND TERMINATION A. This Participation Agreement will become effective on the date it is signed by all parties. B. Unless earlier terminated by one of the parties, this Participation Agreement remains in full force and effect until the earlier of (i) termination of the Master Contract or (ii) any date provided here: not to exceed the expiration or termination. of the Master Contract. C. In the absence of a default by the other party, either party may terminate this Participation Agreement at any time by giving the other party ninety (90) days prior written notice. Either party may terminate this Participation Agreement after a default by the other party as provided in the Master Contract. D. In the event of non - payment of fees because of insufficient fluids in the Settlement Account or non - payment of an invoice for forty (40) days or more, Contractor may cease processing following 10 days notice from Contractor according to the Master Contract. If Participant is an Agency Participant, payment shall be pursuant to section 215.422, F.S. If Participant is a Local Government Participant, payment shall be pursuant to legal requirements applicable to a Local Government Participant. V. NOTICES A. Any notice required or permitted to be given under this Participation Agreement or the Master Contract from one party to the other will be in writing and will be given and deemed to have been given when actually received, if hand delivered, delivered by telephonic facsimile transmission equipment and confirmed by telephone with and original mailed or hand - delivered thereafter or mailed by certified or registered mail with postage prepaid to the party or their successor at the address specified as follows: 1. Participant: 2. Contractor: 3. Routine notices given by Contractor to Participant, such as transaction details, changes in terms required by systems updates or Payment Card Organization changes and any reasonable notice required by the Contractor's services agreement or addenda, schedules, and attachments, may be delivered by electronic mail to the address provided by Participant above. B. Either party may change the address to which notices are to be delivered by giving to the other party not less than ten (10) Business Days prior written notice thereof. VI. ELECTION OF OPTIONAL SERVICES Participant hereby elects to receive the following optional services pursuant to the terms and conditions contained in the various service addenda which are incorporated by reference in the Master Contract and attached thereto. The terms and conditions contained in a particular addenda shall not apply to Participant unless and until Participant elects, by indicating herein, or by future written election signed by the parties, to utilize such optional service. ❑ Account Updater ❑ Data File Manager ❑ Dynamic Currency Conversion ❑ MobilePay ❑ PayPoint ❑ TransArmor V& MISCELLANEOUS PROVISIONS A. This Participation Agreement, incorporating the terms of the Master Contract, contains the entire understanding of the parties and supersedes any and all previous discussions, proposals, or agreements, if any, between the parties with respect to the subject matter hereof. B. This Participation Agreement may not be amended except by an instrument in writing signed by an authorized representative of each of the parties. C. Limitation of liability shall be according to PUR 1004 -20 as modified in the Master Contract. D. This Participation Agreement is binding on the parties and their successors and assigns. Participant's Name: Select One: By: Printed Name: Title: Date: ❑ Agency Participant ❑ Local Government Participant Contractor's Name: By: Printed Name: Title: Date: Contractor's Name: By: Printed Name: Title: Date: ATTACHMENT A SCOPE OF WORK SECTION ONE — DEFINITIONS AND ACRONYMS 1.1 Definitions 1. "Agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of State government. Also includes, but is not limited to, state attorneys, Public Defenders, the Capital Collateral Regional Counsels, the Justice Administrative Commission, the Florida Housing Finance Corporation, the Florida Public Service Commission and the Judicial Branch. 2. "Agency Participant" means any official, officer, commission, board, authority, council, committee, or department of the executive branch of State government. Also includes, but is not limited to, State Attorneys, Public Defenders, the Capital Collateral Regional counsel, the Justice Administrative Commission, the Florida Housing Finance Corporation, the Florida Public Service Commission and the Judicial Branch. This definition includes any "participant or contract participant" except for Local Government participants. 3. "Application" means a shorter form of application program. An application program is a program designed to perform a specific function directly for the user or, in some cases, for another application program. Applications use the services of the computer's operating system and other supporting applications. The formal requests and means of communicating with other programs that an application program uses is called the application program interface (API). 4. 'Business Days" means Monday through Friday, inclusive, except for holidays declared and observed by the State or federal government. 5. `Business Flours" means 8 AM to 5 PM on all business day. 6. "Calendar Days" means all days, including weekends and holidays, except that if the last day counted falls on a weekend or holiday, the due date shall be the next business day thereafter. 7. "Charge Card" means a card issued to customers by a store, bank, or other organization, used to charge purchases to an account for later payment. 8. "Confidential Information" means documents and electronic information that is confidential or exempt under section (s.) 119.07 (1), Florida Statutes (F.S.), Article 1, Section 24, of the Florida Constitution, or pre- empting federal law. 9. "Contract," unless indicated otherwise, means the contract awarded to Contractor under DFS 1TN 11/12 -17. 10. "Contract Manager" means, for the Department and Participant Contract Managers further defined below, the person who will verify completeness and quality of activities and tools, and provide validation that the resulting work products support the business objectives and goals of the Department. For the Contractor's Contract Manager, means the person who is the primary contact or the Department and Participant Contract Managers. 11. "Contractor" unless indicated otherwise, means a business entity to which a Contract has been awarded by the Department. This may also be referred to as "Provider or Vendor". Terms may be used interchangeably. 12_ "Credit Card" means a card having a magnetic strip, issued by a bank or business authorizing the holder to buy goods or services on credit. 13. "Customer" means person or entity that is making a payment for a fee for goods, services and information. 14. "Dashboard" means a method created to pull together information to support managers at any level in an organization and provide the quick overview that decision makers need to monitor the health and opportunities of the business. These can be in electronic format either web -based or other report format. The Dashboard must include the data in the reports that are required at both the Participant level and the consolidated statewide level, on the attached list, including at least the following: (a) Strategic information: focuses on high level measures of performance and forecasts, if applicable, and provides static snapshots of payment card and ACH transaction data (daily, weekly, monthly, and quarterly, etc.) that are not constantly changing or monitored (b) Analytical information: includes more content, comparisons, and history over periods to be set in the Department's Implementation Plan, along with the payment card and ACH transaction data, such as drilling down into the underlying details and system availability. The final elements of each will be developed in the Department's Implementation Plan. A Dashboard Schedule will be provided by the Department Contract Manager. 15. "Day"' means business day (defined as the Department's normal working hours) unless otherwise described. 16. "Debit Card" means a card having a magnetic strip authorizing the holder to buy goods, services, and information used in cash transactions, but which is not a Credit Card. 17 "Deliverable" means all results, items and/or materials representing goods and Services, provided, prepared and delivered or to be delivered to the Department or a Participant in the course of performance under this Contract of the Services by the Contractor. Deliverables shall be more specifically described in definable verifiable detail in the Scope of Work and Participant Implementation Plans. 18. "Department" means the Department of Financial Services (DFS) or Chief Financial Officer (CFO) except where the Department is in the role of Participant. Terms may be used interchangeably. 19. "Department Contract Manager" means The Contract Manager for Treasury's ePayment Services who will verify completeness and quality of activities and tools, and provide validation that the resulting work products support the business objectives and goals of the Department. Further, the Contract Manager is to provide oversight to the project management processes as well as quality assurance of the deliverables and work products produced at various stages of the project. 2 20. "Department's Implementation Plan" means the Department's plan developed by the Department and the Vendor, used to manage the Contract by providing the structure to monitor the elements and deliverables with the Vendor and Participants. 21. "eCheck or ACH" a means of making an electronic payment over the internet using a checking or savings account as the monetary funding vehicle. 22. "ePayment" means a payment made over the internet, Telephone or at the Point of Sale using a Debit Card, Credit Card, Charge Card, ACH, electronic check or EFT. 23. 'Wayment Collection Solution" means processing options providing for the collection of electronic payments over the Internet. Options include: i. Gateway: A solution for Participants that collect all end -user and payment information on their website and pass payment details to the Vendor for payment processing, authorization and settlement. All end -user and payment information is collected and stored on the Participant's site. ii. Partially Hosted Gateway: A solution for Participants that want to collect end -user information on their site then pass the end -user to the Vendor's site for payment check -out. Additional features allow a participant to choose from a one -time pay or an enrolled payment feature. All payment information is collected and stored on the Vendor's site, with payment details remitted back to the Participant's business system. iii. Fully Hosted Gateway: A solution fully developed for the Participant and hosted by the Vendor redirecting the end -user via a URL from the Participant's Internet site to the Vendor's site. End -user and payment details are collected, processed and stored on the Vendor's site. 24. "Enterprise cPayment Collection Solution" means a Vendor's solution that permits each individual Agency Participant -Level ePayment project/application to collect and store business process details while communicating with the Participant's business system through standardized transmissions sending and receiving Agency data fields and/ or payment details. 25. "Local Government Participant" means a unit of local government, including a municipality, special district, or board of county commissioners or other governing body of a county, a consolidated or metropolitan government, and any clerk of the circuit court, sheriff, property appraiser, tax collector, or supervisor of elections. 26. "Merchant" used in the context of this solicitation and contract, means any Participant set up to accept card brand payments. 27. "Participant Contract Manager=' means The Contract Manager for Participants' ePayment Services who will verify completeness and quality of activities and tools, and provide validation that the resulting work products support the business objectives and goals of the Department. Further, the Contract Manager is to provide oversight to the project management processes as well as quality assurance of the deliverables and work products produced at various stages of the project. 3 28. "Participant or Contract Participant" means any State Agency, Judicial Branch or Local Government that signs an agreement to participate in the ePayment contract. The Participant is also known as the Merchant. 29. "Participant's Implementation Plan" means the plan used to gather the requirements for the Participant -Level project during implementation. 30. "Participant - Level" means the lowest level unit or section within an Agency Participants Bureau or Division having unique business needs to transact electronic payment business and keep data uniquely segregated. 31. "Participation Agreement" means a merchant level agreement that makes the Participant a party to the ePayment contract. 32. "Payment Card" means a Credit Card, Charge Card, or Debit Card that is accepted by Agency Particiapants and Local Government Participants for the payment for goods, services, and/or information. 33. "Payment Card OrganizationRules" means payment card policies /rules requiring Merchant/user compliance. . 34. "State" means the State of Florida. 35. "State Data" means any data or information of or concerning the State, Department or Participants that is provided to or obtained by the Contractor or Contractor personnel in connection with the negotiation and execution of the Contract or the performance of the Contractor's obligations under the Contract, including any such data and information that either (i) is collected or processed by Contractor personnel in the performance of the Contractor's obligations under the Contract, including data processing input and output, performance measurements, asset information, reports, third party service and product Contracts, and the Contractor's charges to the Participants, or (ii) resides in or is accessed through the Participant's operating environment or the Contractor's Service delivery infrastructure; as well as any data and information derived from the foregoing. This may also be referred to as "Data ". Terms may be used interchangeably. 36. "Shared Data" means any data or information of or concerning the State or the Department that either is created or generated by Contractor personnel in the performance of the Contractor's obligations under the Contract, including third party service and product contracts in accordance with Payment Card Organization Rules or other applicable requirements. 37: "Vendor" unless indicated otherwise, means a business entity to which a Contract has been awarded by the Department. This may also be referred to as "Provider or Contractor ". Terms may be used interchangeably. 1.2 Acronyms 1. "ACH" Automated Clearing House 2. "AOC" Attestation of Compliance 3. "DOW" Florida Department of Revenue 4. "DOT" Florida Department of Transportation 5. "DSS" Data Security Standards 5. "EFT' Electronic Funds Transfer 7. "eCheck" Electronic Check 8. " ePayment" Electronic Payments 4 9. "F.A.C." Florida Administrative Code 10. "F.S." Florida Statutes 11. "FTP" File Transfer Protocol 12. "HTTPS" Hypertext Transfer Protocol Secure 13. "IPSec" Internet Protocol Security 14. "IVR" Interactive Voice Response 15. "NACHA" National Automated Clearing House Association 16. "NSF" Non-Sufficient Funds 17. "PCI" Payment Card Industry 18. "POS" Point of Sale 19. "SOAP" Simple Object Access Protocol 20. "S SAE" Standards for Attestation Engagements Statement 21. "SSL" Secure Sockets Layer 22. "SSH" Secure Shell 23. "TLS" Transport Layer Security 24. "VPN" Virtual Private Network SECTION 2: SCOPE OF WORK 2.1 ePayment Collection Solution and Design 1. The Vendor must transition or provide for the implementation of current Participants (Agency Participants and Local Government Participants) into the new contract providing services and ongoing support for any Participant desiring to use this contract. 2. The Vendor must provide Agency Participants and Local Government Participants with ePayment services for ePayment Collection Solutions, POS operations and Merchant services. This shall include a suite of electronic payment options that permit consumers and businesses to conveniently and easily pay for goods and services via the internet, by phone or at the point of sale using a Credit Card, Debit Card, Charge Card or checking/savings. account. 3. For Agency Participants, the Vendor shall provide a web -based Enterprise ePayment Collection Solution option. The enterprise solution should standardize transitioned and new ePayment implementations. Within the first 12 months of the Contract the Contractor will survey Agency Participants under the previous contract and provide the Department a proposed enterprise solution option that enables each Agency at its individual Participant -Level to collect and store business process data while communicating with and updating the Participant's business system through standardized transmissions. As the solution must be capable of capturing all the requirements specified in this Scope of Work, the solution must detail any functional equivalents being offered in place of requirements that cannot be provided in the manner described within this Scope of Work. 4. The Vendor shall provide additional ePayment Collection Solution options, if it is determined, by the Department, that an Agency Participant is unable to transition to an enterprise solution. 5 6. The Vendor shall work independently with Local Government Participants in selecting the best ePayment services provided in this contract to meet their business needs. The Vendor will facilitate the following business processes for the Department of Revenue: a) The Department of Revenue (DOR) receives approximately 38 billion dollars in total tax revenue annually for 57 tax revenue sources. The DOR offers an array of options for its customers to pay including the Internet, an IVR, gateways (IRS' Modernized a -File Program) and through commercial software vendors and transmitters. The Vendor must provide a solution(s) chosen by the Participant to include the following solution - specific requirements: i. Creating a single end of day file per solution containing all transactions (ACH and debit/credit card) received via all options utilized by the DOR. ii. Providing the DOR with a copy of the NACHA formatted file sent daily to the ACH network, iii. Accepting and initiating widely used standard entry class codes (SEC) such as CCD, PPD, TEL, WEB. iv. Accepting and initiating a zero dollar transaction with remittance data (not a pre- notification); V. Accepting transactions from bank accounts stored in the "negative database "; vi. Providing the DOR and its customers the ability to cancel a previously scheduled payment; vii. Providing the DOR and its customers the ability to inquire about a previously scheduled payment via an API request and response; viii. Accepting data file containing user /customer information which may be used for account validation, on fully hosted payment solutions; and ix. In addition, the DOR contracts with a third party vendor who hosts many of the DOW s payment applications. This third party vendor collects payment transactions throughout the day and sends batch files containing ACH instructions as well as pertinent customer information. Vendor requirements specific to this process are as follows: (1) Receiving multiple batch files at the end of each business day. On a peak day (1 -2 times per month), a file may contain 35 - 40 thousand individual transactions. Each file contains multiple batches. Each batch contains transactions expected for a specific effective date (scheduled). (2) Completing acceptance of transactions received via batch files prior to beginning the end of day process to capture any transactions that have effective dates for the next day. Batch files are sent from 5pm ET to 8pm ET. (3) Sending an acknowledgment for each batch file. Each acknowledgment must contain the number of accepted transactions, total dollar amount of accepted transactions and list any rejected transactions individually with the reason for rejection. (4) Accommodating DOR's holiday schedule for processing transactions which may differ from the holiday schedule observed by the Federal Reserve. (5) Converting effective dates in batch files to applicable processing dates to ensure transactions are sent through the ACH network to accommodate expected effective dates. b) The Department of Revenue is currently procuring services to develop a One Stop Business Registration portal to make it easier to start / create a business in Florida. The portal's design may be expected to utilize the services identified in this Contract to interface with the State's/Department of Revenue's payment application. 7. The Vendor must provide an ePayment Collection Solution for the Department of Transportation Florida Turnpike Enterprise / SunPass to collect tolls electronically from SunPass and TOLL -BY -PLATE customers. SunPass readers recognize vehicles equipped with a transponder and deduct the correct toll amount from the customer's prepaid account. SunPass has several electronic payment methods to replenish its customer's accounts and settle TOLL -BY -PLATE billing documents. SunPass currently utilizes proprietary roadside vehicle detection technology to classify and toll vehicles, in- house developed back office and customer account management systems to maintain accounts, and contracts in- house staff to develop and support these technologies. In addition to accepting most major credit cards, on -line and over the phone, SunPass has partnered with several electronic payment partners to provide convenient cash payment services to customers through proprietary payment kiosks, retail cash registers and other payment acceptance channels. SunPass does not accept ACH but reserves the right to accept ACH. SunPass is a Level 1 merchant. As such, all SunPass systems, networks, processes and organizations are required to achieve and maintain compliance to the PCI DSS. SunPass' software technical architecture employs a service based model using Simple Object Access Protocol (SOAP) based secure web services thus any integration of provided solutions must use this integration strategy. SunPass uses the Protobase distributed payment gateway solution to manage credit card authorizations and settlements. This system is tightly coupled to the customer account management systems; however, the current payment gateway uses standardized APIs (Application Programming Interface) allowing SunPass to change payment processors at any time. 8. Each Vendor's ePayment Collection Solution system must meet a 99.7 percent system availability during the initial year of the Contract and thereafter a 99.9 rJ percent system availability measure, over a six -month period excluding scheduled down time subject to the force rnajeure provisions, and provide a report to the Department, that documents their system availability measure, monthly in the Dashboard within thirty (30) days after the end of each month. 2.2 Next Generation Solutions The Department will have the option of incorporating next generation epayment Collection Solutions or options and the related costs will be added to the contract as they become available in the ePyyment industry. 2.3 Electronic Payment Processing Types The Vendor shall provide the following electronic payment processing types: 1. Internet — Provide a full selection of electronic payment vehicles using PCI DSS certified gateway providers to complete internet payment transactions for the acceptance of Payment Card and ACH transactions. Payment card types include Discover, MasterCard, VISA, and American Express, and other mutually agreed upon payment card brands during the term of this Contract. 2. Replenishment services - SunPass application/system generates a recurring credit card transaction when the customer's account balance falls below the expected minimum balance. The Vendor must be capable of authorizing and settling recurring credit card transactions for the purpose of replenishment when the Department of Transportation, Florida's Turnpike Enterprise SunPass application system or other Participant desiring this service, sends the payment request. 3. Point of Sale - Provide a method to accept and process POS transactions. Provide either through purchase or lease/rental agreements, PCI approved POS equipment and supporting software. Provide initial equipment and supplies within five (5) to seven (7) business days of completed request and replacement equipment and supplies within three (3) business days of request subject to capacity /inventory availability. 4. Interactive Voice Response (IVR) - Provide a toll -free IVR solution with touch - tone recognition options at a minimum, and if available, speech recognition options; operating twenty-four (24) hours a day, seven (7) days a week; capable of interfacing with a Participant's business system; and available in additional languages other than English, but at a minimum Spanish. The Department reserves the right to add agreed upon additional languages during the term of this contract. The IVR solution must have the ability to transfer customers to a Participant's customer support call center and/or a Vendor's customer support service representative, Monday -- Friday 8:00 a.m. to 5 :00 p.m. ET. Associated IVR fees are identified in the Price Schedule. 2.4 Electronic Payment Transaction Types The Vendor shall provide the following electronic payment transaction types: I. Debit and Credit Cards The Vendor must, consistent with this Contract, accept and process all Credit and for Debit Cards with the appropriate American Express, Discover, MasterCard and VISA logos, and other mutually agreed upon payment card brands during the term of this Contract. 2. Charge Cards — The Vendor will accept and process agreed upon charge cards. 3. Electronic Check / ACH Payments The Vendor must provide for the acceptance of electronic checks. The solution, if selected by the Participant, shall assist in reducing the number of returns, prohibit an end user from making a payment with a bank account that has exceeded a predetermined limit of NSFs except as stated in a Participant's Implementation Plan, and check for duplicate payments by verifying the check number, payment date and account number. 4. The Vendor will provide a solution, if selected by the Participant, to support Internet eCheck guarantee services within twelve (12) months after contract effective date, or its functional equivalent, that will allow Participants to reduce the number of web -based eCheck returns. 2.5 Other Electronic Payments Additional electronic payment processing and transaction types or methods may be added to this contract and cost related to additional electronic payment types or method will be added as they become available in the industry. 2.6 Payment Card and Electronic Check Processing, A-athorization and Settlement 1, The Vendor will process, authorize and settle all payment card brands and ACH transactions agreed upon in the applicable Participant's Implementation Plan, based on the requirennents in Section 2.1.8. These transactions will be processed via the Internet and at the Point of Sale. Transaction processing and authorization costs are included in the Price Schedule. a) All proceeds of credit cards, charge cards, debit cards, and electronic checks (settlement) shall be delivered to the designated state bank account in accordance with 69C- 4.004, Florida Administrative Code. Note: Transactions under the optional service, Dynamic Currency Conversion, are estimated for deposit at transaction initiation date plus four business days as determined by the Associations and Treasury Service provider to move and convert foreign currencies. The Dynamic Currency Conversion services may be utilized upon amendment to Chapter 69C- 4.004, Florida Administrative Code to permit the four -day timeframe. b) All Payment Card interchange, fees, dues, assessments or other applicable pass - through charges required by the Payment Card Organizations must be charged to the applicable Participant rather than the Department. c) All ACH funds must be settled on the effective date, into Participants' designated bank accounts at a Qualified Public Depository, as per Chapter 280, F.S. For the purpose of ACH transactions under this Contract, the effective date is the settlement date. 2. The Vendor must capture authorization codes and/or authorization numbers for credit card transactions processed. The authorization codes and/or numbers must remain a part of the transactions and be provided electronically to the Participant's business application. 3. The Vendor must assign and/or accept a unique Participant - defined number to be included,,in a field identified by the Vendor on the settlement transaction record, 9 allowing for transaction identification and traceability, e.g. Merchant ID, project name, as provided by product design.. 4. The Vendor is to have the capacity and resources availability to absorb the state's sizing requirements into its solutions and to scale up to meet the state's needs during the contract term referred to as performance and scalability. Thus, the Vendor's performance and scalability must exceed 150,004 Payment Card transactions per day upon initial Contract implementation, go live, and the volume of other transactions, e.g., as indicated in Attachment F — Volumes, Equipment and ePayment Solutions; and allow for an increase in size, scope and complexity to meet a yearly estimate of a 2% increase in the number of transactions during the term of the Contract. 5. The Vendor must provide and support the following Payment Card authorization, settlement and fraud prevention methods: a) Card verification values; b) Address verification; c) Account updater; d) Configurable limit fields allowing Merchant to set upper and lower charge amounts; e) Automatic detection and avoidance of duplicate authorizations, refunds and settlements; f) Refunds verified against original authorization; g) Automatic detection of high -risk activity; automatic detection of high -risk activity means identifying suspicious transaction activity by using automated screening tools and decision systems to evaluate the risk of incoming payment card transactions and improve the accuracy of accept I decline decisions; employing skilled fraud analysts who will manually review and dispose of high risk cases. h) Merchant Services support for answering fraudulent inquiries; and i) Automated settlement notification. 6. The Vendor must provide multiple cut -off times to accommodate Participant -level batching and settlement requirements as agreed to in the Participant's Implementation Plan. 7. The Vendor must provide a solution which allows single Payment Card batch settlement processing for batch sizes greater than 99,999 transactions. 8. Participants submit Payment Card or ACH batches containing high volumes of transactions that may overlap settlement cut-off times, Vendor must be capable of assisting with extending processing network hours to complete settlements and provide solutions to eliminate split batches as agreed upon in the Participant's Implementation Plan. Participants submit files/batches containing high volumes of Payment Card or ACH transactions that update back -end databases that may extend beyond the vendor's cut-off times. The Vendor must be capable of assisting in adjusting the processing network hours within product dictated timeframes when these files are in process to insure completion and provide solutions to eliminate split batches as mutually agreed upon in the Participant's Implementation Plan. 10 2.7 Payment Card Settlement Reconciliation 1. The Vendor must provide the Department a daily settlement reconciliation file specific to merchant processing activity, by 9:00 am ET, but no later than 5:00 pm ET, containing details for all Agency Participants' settlement activity. There will be no costs to the Department for the daily settlement reconciliation file. 2. If a Participant has a need for a separate file for its own business process needs, a separate daily settlement file shall be provided containing only the Participant's settlement details. If a Participant, other than the Department request a daily settlement reconciliation file, then each Participant will be responsible for its transmission costs (set up, monthly fees, etc.) which are provided in the contract Price Schedule. The Department will not incur any costs for the transmission of the Agency Participant files. 2.8 Payment Card Chargebacks, Refunds and Adjustments, and eCheck IACH Returns The Vendor must adhere to all chargeback rules and regulations published by applicable payment card brands utilized by the Department. 1. Transaction refunds, chargebacks, and/or adjustments processed for Participants must be debited or credited from/to Participants' designated bank account(s). 2. The Vendor must support the chargeback process from the time the Vendor is first notified through final resolution; at which time, the item is successfully resolved or the item is charged back to the Participant. Any chargeback fees and associated research fees will be included in the Price Schedule. 3. The Vendor must provide a web -based chargeback trackingtresolution tool or process available to the Participant that includes, but is not limited to, viewing chargeback details, reports, and ability to respond and resolve inquiries. 4. The Vendor must support the tracking and resolution of misapplied customer refunds and adjustments. 5. The Vendor must offer a solution which allows for real -time purchase alerts for past NSF returned check activity and duplicate payments on electronic check payments. 6. The Vendor must provide on -line transaction access to returned electronic check I ACH information, as provided by product design. 2.9 Reporting and Query Requirements I. Reporting and query capabilities are required for ePayment Collection Solutions, Point of Sale operations and Merchant services. The Vendor's solution must deliver robust reporting and query tools for the Department and Participants. The reporting and query tools must exhibit flexibility permitting the Department and the Participants to select from a full array of delivered and ad hoc reports that can be tailored to fit their individual needs, as provided by product design. 2. Product - Specific Reports and Queries: a) Must be accessible electronically through the Internet and downloadable in a variety of forcxxatss, at least CSV, text, pdf and Excel, through the Participant's web - browser or securely interfaced into the Participant's business system and contain sufficient detail to reconcile payments; 11 b) Must have user defined reporting and query capabilities available in a detailed hierarchical structure at the Department/State, Participant, Division and Project/Application level, to include Merchant, multiple Merchants, terminal IDs, and type of electronic payment; c) Must provide ad hoc query capability with the option to save a report for future use and be available by specific date ranges: daily, weekly, monthly, quarterly, annually and contain selected data fields; d) Must provide five (5) custom ( non - delivered) reports that include data elements utilized in the solution chosen by the Department and applicable card organization data elements. These five reports are chosen at the discretion of the Department and at no charge. Pricing for additional custom reports above the five (5), requested herein, are included in the Price Schedule; e) Must provide the ability to restrict access to electronic reporting and inquiry through administrative rights, password protection, or other restrictions required by Participant; f) Must provide transaction details for chargebacks, refunds, adjustments, and statuses; g) Must provide online access to detailed and summarized transaction data for 13 months; h) Must be capable of rolling up the transaction volumes, amounts, returns, etc., to designated hierarchical levels by card type for location and payment types; i) Must be capable of querying and drilling down in real -time from summary reports to the details of the report; j) Must provide real -time web reporting of transactions from authorization through payment and reconciliation; k) Must provide semi - annual analyses and comparisons of the following: i. Payment card interchange categories; e.g., Public Sector, Emerging Market, CPS Retail 2, etc. analyses for each Participant. ii. Comparison and trends of previous interchange rates as compared to new rates. 1) Must provide a Dashboard to the Department with all requirements included for the reporting period as identified in the Department's Dashboard Schedule to be finalized in the Department's Implementation Plan. This can be in electronic format either web -based or other report format. m) Must provide a secure website access to or otherwise provide the Contractor's Statement on Standards for Attestation Engagements Statement (SSAE) 16, on a yearly basis within 60 days after being published by their independent auditors. It will be provided confidentially according to Master Contract section 7(h). The SSAE 16 will cover the State's fiscal year which ends June 30th. For any time during the fiscal year not covered in the S SAE16 the Contractor will provide a Bridge /Gap Letter or a follow -up on any outstanding items from its independent auditors or a functionally equivalent independent Federal Financial 12 Institutions Examination Council (FFIEC) standards certification related to data security. 2.10 Convenience Fees I . The Vendor must assist the Participant in remaining compliant with convenience fee requirements. The Vendor must notify the Department and Participants of changes in the convenience fee regulations, as dictated by the payment card industry and all applicable state and federal laws and rules and provide notification to the Department and Participants thirty days (30) prior to the effective date of changes unless outside the reasonable control of the Vendor. 2. The Vendor must provide for the charging of a convenience fee on a transaction and shall be capable of combining and splitting the convenience fee from the transaction fee within Payment Card Organization Rules and applicable law. 2.11 Billing 1. The Vendor shall not debit the Treasury's Concentration Account for fees or charges, other than cbargebacks, refunds, adjustments and electronic check returns, for Agency Participants. 2. The Vendor must provide each Agency Participant and Local Government Participant a monthly invoice, unless the Local Government Participant elects to have the Vendor debit its bank account. The Vendor's invoice will provide details on all contractual transaction costs resulting from the payment activity processed for the month and sent no later than the 30th of the following month, unless Vendor or Participant encounters difficulty beyond their control. Billing shall be available at each Merchant ID, terminal ID number or location level enabling the Participant to identify associated expenses. Invoicing must provide for lower level costs to be rolled up to the highest level within the organization. Monthly billing/invoicing of fees to each Participant shall be the responsibility of the Vendor and contain such detail that the Participants can audit and approve payment of invoice with minimal need to contact the Vendor. 2.12 Customer Support Service The Vendor shall provide the following customer support services for ePayment solutions, Point of Sale operations and Merchant services: 1. Account management support for payment processing and invoicing. 2. Real -time access to transaction detail. 3. Qualified support staff' in adequate numbers and locations to meet the needs of the contract and required additional customer service /account managers during large system changes or when Participants have unexpected issues that need to be addressed timely. 4. Report Participant product use to the Department to enable monitoring the quality of customer and support service activities. 5. Escalation of Participant issues according to escalation procedures to resolve quickly and appropriately. 2.13 Participant Training and Consultations 13 1. During the first six (6) months of the Contract the Vendor must be available for a maximum of six onsite consultation events with the Department at the Vendor's expense, as requested in order to ensure a successful implementation of the Contract. These include any meetings required by section 2.15.1. 2. The Vendor must provide consultation to the Department up to twice per year at the Department's request and Participant training via conference call or webinars for all facets /areas of its ePayment solutions, Point of Sale operations and Merchant services. There shall be no Department and /or Participant expense for training and consulting. 3. Training services must include, but not be limited to: a) A training program that will keep the Department and the Participants informed and up -to -date on current Payment Card Organization Rules, Payment Card Industry requirements and applicable state and federal electronic payment regulations; b) POS equipment and software installations and use; C) ePayment Collection Solutions offered by the Vendor; d) Reporting tools; e) Informing the Department and the Participants of efficiencies that may reduce expenses; f) Informing the Department and the Participant of new or advanced technology innovations; and 3. Consultation services must include, but not be limited to: Weekly ongoing consultations with the Department via teleconference, e.g. discuss outstanding issues, project status, deliverables, etc. On -site Vendor consultation shall be provided up to twice per year at the Department's reasonable request. 2.14 EIectronic Payment Equipment and Software I . The Vendor must provide PCI approved POS equipment and software on a purchase, lease or rental basis. Inform Participants of equipment software upgrades and provide installation support. Equipment software upgrades for purchased, leased or rented equipment, supported under this contract, will be provided at no additional costs to the Participant_ Terminal fulfillment is subject to capacity /inventory availability. 2. The Vendor must ensure the Participant's existing POS equipment and software is compatible with the Vendor's solution or upgraded with minimal impact and cost to the Participant. If new equipment is required, the Participant will purchase or lease the equipment at the contracted rate. If software upgrades are required on compatible equipment currently utilized by the Participant, software upgrades will be provided at no itemized cost to the Participant or Department. 3. The Vendor must repair and/or ship replacement POS equipment within three (3) business days of notice of failure. The Vendor may bill for snipping unless there is any error in the equipment being shipped, e.g., faulty or incorrect equipment. 4. The Vendor must provide supplies for Point of Sale equipment, e.g. terminals, printers, etc., at no cost to the participant. Shipping of the supplies will be charged according to subsection 3 above. 14 2.15 Electronic Payment Project Management 1. Initial Statewide Contract Implementation a.) The Department's Implementation Plan will be developed by the Department and the Vendor within 60 days after contract execution and will include the following: i. Dashboard Re uirernents: ii. Change Order Form; iii. Partic t -Level Close Out Sum ; and iv. Participant's Request for Product Upgrades, Modifications, and/or Enhancements. b) New Participation Agreements for Participants within six months of contract execution. 2. New Participant -Level Project Implementation Management (Future Implementations) a) The Vendor will provide, to the Department, both Local Government and Agency Participants information and statistics agreed upon in the Department's Implementation Plan, allowing for the management of the statewide contract as identified in the Dashboard Schedule. b) The Vendor will consult with the Department and the Agency Participants that are approved by the Department to accept electronic payments. Together they will determine best solution to be implemented, gather requirements, and develop the Participant's Implementation Plan. Local Government Participants do not require Department approval and the Vendor will consult with them independently to determine requirements and best solution. c) During the term of the contract, the Vendor must assign a project/implementation manager for each Participant-Level project; e.g., implementation of new system projects, conversion or expansion of existing projects. The project/implementation manager is the person designated responsible for the overall management of the project, authorized to make decisions and manage the allocation of resources on behalf of the Vendor. d) Where necessitated by complexity or for gateway solutions, the Vendor must provide an implementation work plan, which does not contain requirements inconsistent with the capabilities of the product, for each Participant -Level project to implement new projects, convert or expand existing projects. The implementation work plan shall include a schedule of all activities, tasks, and deliverables from the date of the initial meeting of the proposed project through successful testing and implementation to final sip-off by the Participant. The Vendor will remain on schedule as indicated in the initial project implementation work plan with adjustments to schedule as necessary due to changes in scope. All revisions will be documented in the project implementation work plan. c) The Vendor must provide an agreed to change order request plan to the Department for Participant -Level projects that identifies changes after the is project requirements have been gathered and approved by the Participant. The plan must describe where in the project development process changes can be requested and / or changed and when a change order request will incur cost(s). Any costs associated with change order requests are indentified in the Price Schedule. J) Where necessitated by complexity or for gateway solutions where mutually chosen solution enables, at the close of each Participant -Level project, the Vendor should provide the Department and Participant a close -out summary of the Participant -Level project or a completed Participant's Implementation Plan to include: i. Project purpose, description of the solution(s), project timclines, obstacles, and lessons learned; ii. The Vendor will maintain a comprehensive list, during the term of the contract, of Participants implementation request for product upgrades, modifications and/or enhancements that were not available at implementation with the expected availability date, as product development is able to accommodate; and iii. Issues identified during development and how they were resolved. g) Any implementation costs shall be charged to the participant for Participant -Level projects. 2.16 Payment Card. Industry / Data Security Standard Certifications and Requirements 1. The Vendor products, solutions, etc., shall be PCI DSS certified and shall safeguard all transmitted, processed and stored data, particularly files that contain cardholder information, so as to be compliant with PCI DSS, individual Payment Card Organization Rules and applicable state or federal laws. 2. The vendor shall maintain PCI DSS accreditation and provide Attestation of Compliance (AOC) or proof thereof on a yearly basis and within sixty (60) days of issuance. 3. The Vendor will provide at no charge PCI DSS customer support and staff for expertise and guidance ensuring compliance with PCI DSS that will include, but not limited to the following: a) Provide the Department and Participants with a plan to achieve PCI DSS compliance for Participant -Level project and make specific recommendations to ensure PCI DSS compliance is maintained. b) Participate in PCI related meetings and conference calls at the request of the Department or Participant. C) Provide PCI training to educate and inform the Participants on the importance of PCI and any changes/clarifications of the DSS. 2.17 Management Escalation Procedures The Vendor must provide agreed upon escalation procedure or dispute resolution for the handling of all issues, incidents and problems, to include a detailed communication plan to all parties; e.g., Participant - Vendor, Vendor - Department, Vendor - Participant. 2.18 Systems Requirements and Testing 16 1. Data Accuracy - As a general performance measure the Vendor must maintain an average 99.9995% data accuracy level for ePayment transactions processed and/or transmitted during a six (6) month period. Data Accuracy means the degree to which the data delivered to the Contractor matches the processed data, based on the volume of inaccurate data reported by a Participant to the Department. Activities during a force majeure event are not counted in the Department's semi- annual measurement. The result of the measurement will not be provided to the Department as it is not tracked by vendor. The Department will provide an opportunity for Vendor to review the data used to calculate the measurement and respond regarding the metric. 2. ePayment Collection Solutions - The Vendor must provide the Participant with secure and up to date processing systems and equipment and provide upgrades, modifications, and/or enhancements to include the following secure network connectivity: • Support direct leased lines; • Support site -to -site secure VPN; and • Support IP- Address filtering and blocking. 3. The Vendor must provide the Department and Participants scheduled maintenance windows for maintaining and supporting operations as a part of the normal course of business. Routine maintenance shall be at the Vendor's expense. If the Vendor's solution requires routine maintenance, the maintenance must be performed within scheduled maintenance windows occurring during non -peak hours, e.g., 1 a.m. to 5 a.m. Any changes to the routine schedule must be electronically communicated to the Department and the Participants. 4, Participant Project Testing Envirorrment - The Vendor shall provide the Participant a test environment that mirrors, but does not require a separate setup, the production environment The test environment should be parallel to production environment including data connections, frewalls, and server environments. Testing will be supported by the Vendor in phases that will ensure operability and desired results in unit, system and acceptance testing and meet targeted production date and support/guidance for live testing. 5. Data Transmission Security - The Vendor must provide and ensure that each Participant -Level project utilizes security protocols (based on the product chosen by the Participant) that safeguards the confidentiality and integrity of information during data transmissions and are in compliance with PCI, e.g. HTTPS, 128-bit SSL. 6. Web Application Standards — The Vendor must provide application programming interfaces agreed upon in the applicable Participant's Implementation Plan, using secure web application standards specific to web -based technology for application interface standards, e.g., OWASP and OASIS standards. 7. Provide to the Department and the Participant, written notice for changes to existing technology (e.g. equipment, software) currently being utilized by the Participant. Additionally, if the technological changes are known by the Vendor to be of a nature which will impact the Department's or the Participant's applications, the notice shall include an alert to such impact. 17 2.19 Data Management and Security 1. The Vendor must maintain policies and procedures on who has access to secure data, how access is controlled and the daily operation and management of systems consistent with ePayment data management and security standards. 2. The Vendor must restrict access to unauthorized persons and maintain internal controls to monitor, detect, record, or log system access activity where relative to this Contract. The Vendor must notify the Department, within twenty -four (24) hours of being made aware of any unauthorized activity. 3. The Vendor will provide options to protect cardholder information in order to meet PCI DSS compliance as follows: a) Truncation: the ability to eliminate all digits of a credit card number except the last 4 digits or the first 2 / last 4 digits; b) Encryption: the ability to transform credit card information, by applying mathematically proven cryptographic methods, into unreadable data unless explicitly allowed; and c) Tokenization: the ability to replace persistent credit card information in applications and databases with a token that can only be exchanged with a credit number when it is required. i. At Point of Sale ii. Upon Authorization The needs of the State are for the Vendor to offer the processes listed above or a functional equivalent that provides for storing card information that protects cardholder information in order to diminish the Participant's PCI compliance obligations. The Participant electing any such option shall provide 180 days notice, to the Vendor and the Department, of its intent to elect an option. The Contractor will then provide the implementation go live within 180 days unless otherwise agreed to in the Implementation Plan. 4. The Vendor must provide access to the Participant's data by extending access to the Vendor's reporting tool for a period of twelve (12) months after contract cancellation, termination, or expiration. The Vendor must make all State and Shared Data accessible to the Department and identify any per Participant reporting costs associated with the access to such data in the Price Schedule. 2.20 Disaster Recovery I . The Vendor must provide annual certification, within sixty (50) days after the Contract anniversary date, of the existence and adequacy of its disaster recovery plan that assures business continuity, for the Department and Participants, during a disaster. The certification or the S SAE must be executed by an independent auditor or regulator as to the successful performance of the annual Disaster Recovery test. 2. The Vendor will provide the order of succession for assigned officer and key staff that the Department works with in the regular course of business. 3. The Vendor will provide a process for notifying the Department when the Vendor's ability to do business with the Department or Participant has been compromised within four (4) hours, other than low priority minor impacts. 18 4. The Vendor must have an established secure back -up system for services and report delivery if the web -based system is unavailable. This back -up must be functioning within 24 hours of the occurrence during the initial year, and thereafter eight (8) hours of the occurrence. 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Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. 'Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal, 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) PUR 1000 (10106) 60A- 1.002, F.A.C. 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Definitions. The definitions contained in s_ 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) '`Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card., contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. PUR 1000 (10106) 2 60A- 1.002, F.A.C. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer_ During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the Iower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starving and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade -in equipment when making purchases from the Contract. A trade -in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to PUR 1000 (1 0106) 3 60A- 1.002, F.A.C. accepter[ commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels, the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies, and the American Gas Association for gas - operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by PUR 1400 (10106) 4 60A- 1.002, F.A.C. Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.4223 F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non - conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ( "System "). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0 %), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non - refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 6QA- 1.006, F.A.C. 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may PUR 1000 (10106) 5 60A- 1.002, F.A.C. require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413 -7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the PUR 1000 (10106) 60A -1 -002, F.A.C. General Records Schedules maintained by the Florida Department of State (available at: http: / /dlis. dos. state. fl. us / barn /eenschedules/gensched.htm }. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent acct or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non - infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the PLJR 1000 (10/06) 7 60A- 1.002, F.A.C. greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back -up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against there. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess casts if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for PUR 1000 (10/06) 8 60A- 1.002, F.A.C. failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force 1VUjeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part; due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. PUR 1000 (10/06) 9 60A- 1.002, F.A.C. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of fiends. 27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void.. Purchase orders for a one -time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery /performance as provided herein, and shall survive the termination of the Contract. PUR 1000 (10/06) 10 60A- 1.002, F.A.C. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so, 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action, that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. PUR 1000 (10/06) 11 60A- 1.002, F.A.C. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non - compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers .or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34.Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. PUR 1000 (10106) 12 60A- 1.002, F.A.C. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in anyway prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment - purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at hLtp://www.pridefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(l) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at hUWwww.respectoillorida.ora. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon PUR 1000 (10/06) 13 60A- 1.002, F.A.C. mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non - Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost - effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000 (10/06) 14 60A- 1.002, F.A.C. State of Florida PUR 1001 General Instructions to Respondents Contents 1. Definitions. 2. General Instructions. 3. Electronic Submission of Responses. 4. Terms and Conditions. 5. Questions. 6. Conflict of Interest. 7. Convicted Vendors. S. Discriminatory Vendors. 9. Respondent's Representation and Authorization. 10. Manufacturer's Name and Approved Equivalents. 11. Performance Qualifications. 12. Public Opening. 13. Electronic Posting of Notice of Intended Award. 14. Finn Response. 15. Clarifications/Revisions. 16. Minor Irregularities/Right to Reject, 17. Contract Formation. 18. Contract Overlap. 19_ Public Records. 20. Protests. 21. Limitation on Vendor Contact with Agency During Solicitation Period 1. Definitions. The definitions found in s. 60A- 1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The `Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) 'Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) 'Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. PUR 1001( 14/06) 60A- 1.002(7), F.A.C. 3. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically calling for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: s Technical Specifications, * Special Conditions and Instructions, Instructions to Respondents (PUR 1001), * General Conditions (PUR 1000), and * Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&.A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation_ Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written i nfortnation that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also PUR 1001 (10106) 2 60A- 1.002(7), F.A.C. disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5 1/o) or more in the respondent or its affiliates. 7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list. • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work, * submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,040) provided in section 287.017 of the Florida Statutes. 8. Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, • Respondent currently has no delinquent obligations to the State, including a claim by the State for Iiquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential PUR 1001 (10/06) 60A- 1.002(7), F.A.C. respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(l)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: • Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or • Has within a three -yeas' period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 813 of the Florida Statutes. PUR 1001 (10106) 4 60A- 1.002(7), F.A.C. 10. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 12. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071 (1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955 -8771 (TDD). 13. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at http:/ Ifcn.state.fl.us /owa_vbs /owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. PUR 1001 (10/06) 5 60A- 1.002(7), F.A.C. 14. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain from until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 15. Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 16. Minor lirregularitieslRight to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 17. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 19. Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 20. Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28 -110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. PUR 1001 (10/06) 6 60A- 1.002(7), F.A.C. Section 120.57(3)(6), F.S. and Section 28- 110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy -two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." Section 28- 110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 21. Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. PUR 1001 (10/06) 7 60A- 1.0020, F.A.C. ATTACHMENT F Volume, Equipment and ePayment Solutions For period 01/01/2011 through 12/31/2011 Transaction Count and Total Amount Collected 1�: � z �,• � .aw �- Saar_ I71ll1 Y a R_ l Transaction Type *Transaction Count *Total Amount Transaction Count Total Amount Visa 26,017,975 $698,663,806 7,504.000 $638,500,000 MasterCard 8,670,514 $281,994,119 270,000 $298,700,000 Discover 1,015,806 $35,456,301 Not Available Not Available American Express 5,053,456 $210,562,311 1,983,235 $264,318,461 ACH 2,759,469 $23,916,670,048 Not Available Not Available TOTAL 43,521,224 $25,143,346,585 9,753,235 $1,201,518,461 * Transaction Counts and Amounts are estimates Note: The Payment Card totals include the Department of Transportation Florida Turnpike Enterprise / SunPass transaction counts of 33,876,402 and transaction amounts of approximately $698,004,000. 6 cy 4:5 A I I I UPC 0 1111 D 9S L' A S 26 -lie em R1 A A fix' 21 -1: M E i t t ig E E L E L E i i E E g g E G 0 Jv at !19 170a I { i I I � f t i a i ! iii ' { � � II I I I rg. cE 3 i I I ¢ ! 3z '., be w is � aR •R 8P 68 is �9b M8� Y¢ �.,�., - n W •• w pii p p � I 0.y � NO e k '8 'g °o, 6-9 iG Eli � ?a� a °°;5 a^ a a° "re Ty...,:tlssi�a o K ✓ R � 666... � �„ €� h 888 �m Ed U rp y a �4y .0.51 4 •� o S� p, Y. 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R I g PE I 1 � ld a& 'o� r• •�• CI 3 E E � I 1 i 1 i R 9 xv I[ Y Q �uqq gip, e, E£ 6 i I il � Ea �i sill m i r � j R MM t9 Im I II -- - -- - - -- - -- - -- - -- - - if f, ga - -7k � EE ti R $ E •°�k s eg ��.��.� �yy�$$ �6 ��g •�OE Atli D G � � YI I 3� I. yB�dyS � -qyc $ca 'gig Q n s`�r[^Q� I'm .11"s rTi:b P .6 s � ` `� Fm � b U 11 g Ei Er vp� -°• c o"c H,ui3 & ig ss ��$k �''-- sa`�, &.n` ESIgEO�,� v� b a�g °cash= aac A9 9 D P-9 �_. 4n.2 *ii �r. �`4§ F �_ E sa � isv 0.8 c E A E � z -m E JS yQ e�F ag� I u 9 � �r E � @ E5 ° E ... .... .... )\\ �/k ` \ \) \ {{ � i! /]kJ)){ƒ /] $ J ] \ � ) � § 2 1: TREASURY SERvicES -RPO, FCG, AND ACH FOR STATE OF FLORIDA Negotiated Terms and Conditions AUTHORIZATION AND AGREEMENT FOR TREASURY SERVICES I am an authorized representative of the organization specified below (the "Client"). The Client has received this negotiated copy of Bank of America's Treasury Services Terms and Conditions Booklet (the `Booklet") and agrees to adhere to the Booklet. The Client agrees to use the Services in the manner described in and in compliance with the applicable User Documentation from Bank of America ( "Bank") copies of which have been provided . The Services covered by the Booklet and the banks providing Services are listed on the accompanying List of Banks and Services, which we may change from time to time. Capitalized terms used in this Authorization and Agreement form, not otherwise defined, have the meanings given to them in the Booklet. After I sign below on behalf of the Client, the Client may from time to time request the Sank to provide any of the Services described in the Booklet. The Client may begin to use any such Service once Bank has approved such use and has received all required and properly executed forms needed for implementation and the Client has successfully completed any testing or training requirements, The Booklet is part of the final Master Contract between the Client and the Bank, which governs the provision of Services including but not limited to, the modifications specifically noted herein. I warrant that the Client has taken all action required by its organizational or constituent documents to authorize me to execute and deliver on behalf of the Client this Authorization and Agreement form and any other documents the Bank may require with respect to a Service. I am authorized to enter into all transactions contemplated by the provision of Services to the Client. These may include, but are not limited to, giving the Bank instructions with regard to Electronic Funds Transfer Services and designating employees or agents to act in the name and on behalf of the Client. Guidelines for completion: If Client is a: Who must sign: corporation ........................... ... ............... any authorized officer limited liability company ....................... all members, or any authorized officer* partnership (general or limited) .............. any general partner* limited liability partnership ....................the managing partner* sole proprietorship ... ............................... the sole proprietor governmental entity . ............................... the Chief Financial Officer or designee* * Includes any individual authorized under Client's charter or organizational or constituent documents. The legal name of any member, managing member, manager or general partner who is signing and who is not an individual must appear in the signature block. Note that in most cases the Client must also complete the Certification form which follows. Dated: (ORGAAIIZATIOMSICLIENT'S LEGAL NAME) [signature of Authorized Representative] [Print Name of Authorized Representative] [Print Title of Authorized Representative] [Signature of Witness] ® 2006 by Bank of America Corporation All rights reserved. None of the enclosed material may be reproduced or published without permission. The following addresses may be used for giving notices in connection with this Booklet except as you or we provide the other different addresses to be used in conjunction with your accounts or particular Services. Address for Client Notices: Address(es) for Bank Notices: Bank of America, N.A_ Documentation Management (CA4- 706- 04 -07) P.O. Box 27128 Concord, CA 94527 -9904 Telephone: (__) Fax= (r.- Fax: (925) 675 -7131 and, if filled in, the following: Telephone: Fax: Treasury Services Delegation of Authority Form This form is optional and is to be used when you wish to delegate authority to sign various authorization forms to someone other than the person who signed the Authorization and Agreement form in the front of this Booklet. By signing below, you authorize the incumbent of the specified position listed in Section A.or each person listed in section B below, acting alone, to execute documents that we may request, and any amendments or renewals thereof; pertaining to the use of Services, including but not limited to designating one or more persons (which may include himself or herself) authorized to initiate, amend, cancel, confirm or verify the authenticity of instructions to us for Services, whether given orally, electronically or by facsimile instructions, and to revoke any authorization granted to any such person, as he or she deems appropriate. The signer of this form has the same authority described above for each Service with us, unless otherwise specified. We are entitled to rely upon this delegation until written notice of its revocation is received by us. Guidelines for Completion: Fill out either section A or section B, or both, depending on your needs. • To delegate authority to any person holding a specific title, fill out section A. • To delegate authority to specific individuals by name, fill out section B. For each name or title, indicate "All" in the "Service" column if the person or title has authority to sign documents for all Services which you receive from us. Otherwise, indicate specific Services for which the person or title has authority. For each name or title, indicate the entity or entities for which the person or title has authority to sign, documents. A. TO DELEGATE AUTHORITY TO ANY PERSON HOLDING SPECIFIC POSITIONS Title Service Entity B, TO DELEGATE AUTHORITY TO SPECIFIC LNDWMUALS Name Service Enfity Specimen Signature CLIENT AUTHORIZATION Client Authorization Instructions: The same person who signed the Authorization and Agreement for Treasury Services form must sign this Treasury Services Delegation of Authority form. Dated: (ORGANIZATIOIV'5I .=' S LEGAL. NAME) [Signature of Authorized Representative] [Print Name of Authorized Representative] [Print Title of Authorized Representative] TABLE OF CONTENTS INTRODUMON..................................................... ................. _.... 1 TREASURYSERVICES ........................... ............................... ................. ,....................................... ............_.................2 -AUTOMATED CLEARING HOUSE ( ACH1 ......... ............................... 2 AUTOMATED CLEARING HOUSE (AM „CUSTOMER- INITIATED PAYMENTS ....... ..............................5 RE{ 7 EAR.. ...................................................................................._..._............»........-...._........ ..............................5 G=RAL PROVISIONS. .....................---•----•---................................................................ ............................... .6 CHANGESTO A SERVICE .......• ........................................................................................... ..............................6 COMMUMCAR' IONS .. ............................................................. ...--- ........................, ............. ............................... 6 ONFIDENTIAIJTY.................... ............................... ...................... ............................... .. ....................:.........7 GENERALMATTERS ........................... .......................... . . . .• .,................. ..__...._...................... ......_._...............9 GOVERNINGLAW .................•----........•. ............................................ ......... ,......................................... 10 LIMITATIONOF LI ABILITIES ............... .... ............................................... .................................... ,.................. 10 OVERDRAFTS......................................... ..........................................._.._....,......,....,........... I1 ........,.............._...._._ PAYAIENTFOR SERVICES .... ..... ........I.....................• 11 REPRESENTATIONS AND WARRANTIES ....................................................................... .............................12 SOFTYLICENSE ......................................................................................................... .............................12 GLo$SARY oF T ERms ...................................................................................................................... ................. ............16 INTRODUCTION Thank you for choosing the Bank of America Corporation group of financial institutions for your worldwide treasury management business needs. We appreciate the opportunity to serve you. If you have any questions about our extensive array of treasury services (including the locations where each service is available) or about this Booklet, please contact your treasury services representative. Capitalized terms used in this Booklet are defined in the Glossary. The terms "we", "us" and "our" refer to each of the Bank of America Corporation subsidiary banks which provide you a particular Service under, the terms of this Booklet The terms "you" and "your" refer to each Client identified on the Authorization and Agreement for Treasury Services. By signing and returning the Authorization and Agreement form in the front of this Booklet, you agree to the General Provisions section of this Booklet (which contains terms and conditions applicable to all Services), except that you agree to the Software License Section of the General Provisions only to the extent we provide you Software in connection with one or more Services. You also agree to those portions of the Treasury Services and Electronic Trade Services sections of this Booklet which contain the specific terms and conditions that relate to the Services we provide to you. Whenever you use any of the Services covered by this Booklet, you agree to be bound by these terms and conditions, and to follow the procedures in the applicable Materials when using the Services. TREASuRy SERVICES We offer a Mdo variety of treasury services. Each Service has many features and options. Your treasury services representative will be happy to describe these to you and to recommend those that will best meet your needs. A List of Banks and Services is enclosed with. this Booklet. This list includes the names of each Bank of America Corporation subsidiary bank offering Services under this Booklet and the names under which we currently offer those Services. Please contact your treasury services representative at any time if you wish to receive an updated list. AUTOMATED CLEARING HOUSE (ACH) This section applies only to ACH Services within the United States of America and does nat apply to cross - border ACH transactions and other International Electronic Funds Transfers which are covered by the "Wire Transfers and International Electronic Funds Transfers" section in this Booklet_ Our ACH Services allow you to transfer funds to or from your accounts by initiating Entries which may be sent through the ACH system or processed directly to accounts with us. We may send Entries to any ACH processor selected by us or directly to another bank. Each ACH Service is described in the applicable User Documentation. You authorize us to issue Depository Transfer Checks (DTCs), as instructed by you or as reasonably determined by us to be appropriate. The capitalized ACH terms appearing in italics below are defined in the NACHA Rules. COAPLIANCE WITH NACHA RULES AND LAWS You agree to comply with the NACHA Rules for all Entries, whether or not an Entry is sent through the ACH network. You act as Originator and we act as Originating Depository Financial Inshwtion (ODH) with respect to Entries. You will deliver Entries to us as provided in the User Documentation and the NACHA Rules, The NACHA Rules govern if they conflict with this Booklet, except that the file specification requirements in the User Documentation govern if they conflict with the NACHA Rules. Where a preauthorized debit Entry from a consumer's account varies in amount from the previous debit Entry, you will comply with the notice requirements set forth in the NACHA Rules, the Electronic Funds Transfer Act and Regulation E of the Board of Governors of the Federal Reserve System, as applicable. AUTHORIZED PERSONS Before using an ACH Service, you give us a written list, in a form acceptable to us, of the persons authorized by you to verify the authenticity of Entries and Reversal/Deletion Requests in accordance with the Security Procedure and to perform certain other duties in connection with such Service. SECURITY PROCEDURE Subject to the Master Contract, you agree to use the Security Procedure, if any, when you deliver Entries or Reversat Deletion Requests to us which the parties shall review as part of the User Documentation. The purpose of the Security Procedure is to verify the authenticity of Entries and ReversallDeletion Requests delivered to us in your name and not to detect any errors in the transmission or content of Entries. Each time you use a Service, you represent and warrant tbat, in view of your requirements, the Security Procedure is a satisfactory method of verifying the authenticity ofEntries and Reversal/Deletion Requests. You agree we may act on any Entries or Reversal/Deletion Requests after we have verified its authenticity through use of the Security Procedure_ WARRANTIES Each time you use an ACH Service, Q) you warrant that you have obtained appropriate authorization from each Receiver and that Entries conform to such authorization and comply with the NACHA Rules, and (ii) you make the same warranties to us as we make under Section 2.2 (or any successor section) of the NACHA Rules. PAYMENT WITH RESPECT TO ENTRIES Subject to the Master Contract, we invoice or debit your account on the settlement date for credit Entries (including debit Reversals), unless you are prefunding your Entries. Prefumding means that you are required to pay for all credit Entries before the settlement date as we may specify. Subject to the Master Contract we may, at our discretion, with prior notice to you, require prefunding before we process your credit Entries. We are not obligated to process any credit Entries, even if we have done so in the pasta without having first been paid by you, but, if we do, the amount is immediately due and payable without notice or demand. You will pay us for the amount of any returned debit Entries (including rejected debit Entries), any adjustment Entries or any returned DTCs, which we have previously credited to your accoutrL Such amounts shall be immediately due and payable. You agree that we do not need to send a separate notice of debit Entries or DTCs which have been returned unpaid. You may request reports containing information regarding returned debit Entries and DTCs. ACTING ON ENTRIES We send Entries to the ACH processor for settlement on the Effective Entry Date shown on the Entries, if we receive the Entries by the applicable processing deadlines specified in the User Documentation for the ACH Service being used_ We may treat Entries that we receive for processing after a deadline as if received on the next Business Day. Entries will be deemed received by us when we receive the complete file at the location specified in the User Documentation. REJECTION OF ENTRIES We may reject any Entry that does not comply with the requirements of this Booklet or the applicable User Documentation, including any ACH processing limits described in the User Documentation, or that we are unable to verify through use of the Security Procedure. We may also reject any Entry that may be returned for any reason under the NACHA Rules or if you have breached your payment obligations for any ACH Service we provide to you. Notice of rejection will be given to you by telephone, by electronic means, by facsimile or by mail within the time period specified in the User Documentation and will be effective when given. We are not Gable for the rejection of any Entry and are not obligated to pay you interest for the period before you receive the notice of rejection. If an Entry is rejected for any reason, it is your responsibility to correct the Entry you intend to resubmit. REVERSAL OR DELETION We have no obligation to cancel or amend any Entry after we have received it_ If you send us a Reversal/Deletion Request and we are able to verify the authenticity of the Reversal/Deletion Request using the Security Procedure, we will make a reasonable effort to act on your Reversal/Deletion Request We will not be liable to you if such ReversalfDeletion Request is not effected. You agree that we will not be liable in connection with any such Reversal/Deletion Request as provided in UCC 4A. Your obligations under this provision will survive the termination of any ACH Service. PROVISIONAL. PAYMENTS You agree to be bound by the provision of the NACHA Rules providing that payment of a credit Entry by the Receiving Depository Financial Institution (RDFI) to the Receiver is provisional until the RDFI receives final settlement for the Entry. If final settlement is not received, the RDFI is entitled to a refund from the Receiver of the amount credited. This means that the Receiver will not have been paid. Our payment of any debit Entry, returned credit Entry or credit Reversal is provisional until we receive final settlement for the Entry or Reversal. If final settlement is not received, we are entitled to a refund and we may charge your account for the amount previously credited. We, may delay the availability of any amount credited for a debit Entry or credit Reversal if we believe that there may not be sufficient funds in your account to cover any chargeback or return of the Entry or Reversal. INCONSISTENCY OF NAME AND NUMBER An RDH can make payment to a Receiver based solely on the account number, even if the name in the Entry differs from the name on the account. We will send an Entry to an RDFI based solely on the bank identifying number you provide, even if you provide us with a different RDFI name. NOTICE OF ACCOUNT STATEMENT DISCREPANCIES Information concerning Entries will be reflected in your account statements and, in some cases, in the form of written or electronic advices or reports that are produced by one of our Information Reporting Services. You must send us written notice, with a statement of relevant facts, within 14 days after you receive the lust notice or statement indicating a discrepancy between our records and yours. Lfyou fail to give the required notice, we will not be liable for any loss of interest or for compensation for any other loss or cost relating to an unauthorized or erroneous debit to your account or any other discrepancy reflected in the notice or account statement; however, we will make an adjustment to your account for the actual amount of the error if we confirm there was a discrepancy caused by us. You must notify us promptly by telephone or other electronic means approved by us for such purpose, and confirm such notice in writing, of information concerning an unauthorized or erroneous debit to your account if you learn about or discover it from any source other than a statement, advice or report from us. AUTOMATED CLEARING HOUSE (ACH) CUSTOMER - INITIATED PAYMENTS RECLEAR CUSTOMER INITIATED PAYMENTS (CIP) Our ACH Customer - initiated Payments Service (CIP) allows your consumer or business customers to pay you for goods or services by using your websitc. Your customers can authorize payments to you through commands on your website or by touch -tone or, where available, voice commands on the telephone. Payments can be made via the Automated Clearing House (ACH), and credit or debit cards through the applicable card association networks. Detailed information regarding this Service is available in the applicable User Documentation. CLIENT RESPONSIBILITIES (a) For payments made via ACH, the following provisions apply: (i) Payments will be made by creation of an ACH Entry to credit your account with us and will be subject to the provisions of our Automated Clearing House Services. You will obtain the authorization of each such customer to debit their account. You act as the Originator, your customer acts as the Receiver and we act as the ODFI with respect to the Entries. You warrant to us each time you use this Service that you have obtained appropriate authorization from each Receiver and that Entries conform to such authorization and comply with the NACHA Rules. You also make to us the same warranties as we make with respect to Entries under the applicable NACHA Rules. (ii) You authorize us to create an ACH Entry on your behalf as provided in the User Documentation (to the extent approved by the Client) and the NACHA Rules (b) Payments, including chargebacks and adj ustments, if any, made via credit or debit cards through the applicable card association networks are covered by the terms and conditions of the merchant services agreement you have with the acquiring bank. Our Reclear Service resubmits a check or other payment instrument to the financial institution on which it was drawn if the check or payment instrument has been returned to us unpaid with the notation `refer to maker", "nonsufficient CITY OF DELRAY BEACH MERCHANT SERVICES .JANUARY- DECEMBER 2012YTD VOLUME SITE PREVTRANS PREVSALES PREVTOTALFEES CITY OF DELRAY BEACH CITY OF DELRAY BEACH LAKEVIEW GOLF CLUB DBGC RESTAURANT DBGC PRO SHOP CITY OF DELRAY BEACH CITY OF DELRAY BEACH DELRAY WATER BILL IVR PARKING DELRAY BCH BUS TAX /ALARMS CITY OF DELRAY BEACH 1,374 68,374 1,206 5,727 367,947 5,469 12,956 405,701 8,126 6,267 399,969 6,675 26,811 955,982 19,081 6,759 1,560,788 23,907 863 39,350 509 25,330 2,513,894 25,818 105,412 380,581 26,150 1,649 132,476 1,985 1,042 154,678 2,037 194,190 6,979,741 120,963 DISCOUNT 1.73% MEMORANDUM 'A Z TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 8, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 SPECIAL EVENT REQUEST -19TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the 19th Annual Downtown Delray Beach Craft Festival to be held on October 5 — 6, 2013 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of NE 4th Avenue from Atlantic Avenue to NE 1St Street and SE 4th Avenue from Atlantic Avenue to SE 1St Street, to utilize the north end of the Hands parking lot for vendor parking and to authorize staff support for traffic control, security and fire inspection services. BACKGROUND Attached is a permit application, site plan, budget, Economic Prosperity Calculator from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Downtown Development Authority. The City is requested to provide police traffic control and security for this event. In addition, a Fire Inspector will be required. The event sponsor will provide vendor approval, event management, site clean up, port-o -lets, event signage and barricading. The estimated cost for overtime is $5,275 and the estimated administrative fee is $264 for a total of $5,539. Per event policies and procedures, the event sponsor will pay 100% of all City costs. Signage per LDR's Section 4.6.7(F)(3) (f) can be installed fourteen (14) days prior to the event and must be under 20 square feet. The event producer installs their own signage. RECOMMENDATION Staff recommends approval of the special event permit, approval of the temporary use permit for street closure and use the north end of the Hand's parking lot, approval of staff support for police traffic control and security and Fire Inspector with the sponsor paying all overtime costs. Event Name/Title: Event Date(s): City of Deltay Beach Special Event Pet•rmit Application REVISED 11.2.11 PLEASE TYPE OR PRM 199'3 2001 19th Annual Downtown Delray Beach Craft Festival October 5th & 6th, 2013 'rimes, Saturday 10am -5pm Sunday 10am -5pm Requesting street closure, . yes X no (If yes, geed tine /date for closure and reopening) Event Sponsor/Producer: Delray Beach Downtown Development Authority Event Contact/Coordinator: American Craft Endeavors Name: Hoiayne Stillings Address: 270 Central Blvd., Suite 107B, Jupiter, Ft_ 33458 Telephone Number: 561- 746 -6615 Cellular Number: Email Address: info@artfestival.com Event Description/Purpose: Outdoor craft festival, annual, cultural, and gathering opportunity Brief History of Event (If applicable): This is the 19th year this festival has been serving this community Planned Activities (Outline of activities /number of activities, i,e, entertairalient, children's rides, games, other programs): Professional craft festival consisting of artists and crafters selling, exhibiting, and demonstrating their wares. Page 1 of 5 Page 2 of 5 Number of Individuals Served Previous Year (if applicable): 4200 Describe the targeted population and expected attendance: 4500 local residents are the targeted population Describe how the program or• pproject addresses community needs: Providing a free festival with artists ranging in mediums trom jewelry to sculptures. Acts as a community, cultural, and civic event. Describe your Marketing/Promotions Program (Mow will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth, and ffyers Sponsor Category (please check) City 6 Nan- Profit/Charitable d( Private o Co- Sponsor --- Non-Profit/Private (If Non profit allach proof of 50Ic(3), c(4), c(6), C(Ia), or c(19) or (d) Event Location (Describe area boundaries of eventylocation): NE/SE 41h Ave at Atlantic Avenue. On SE 4111 Avenue from NE ist Street to SE tsl Street Site plan attached: yes X no (Site plan requh-ed for entire event site. Include locations or tents, Stage, portabets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park, yes nb X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization frorn property owner) Event budget Revenue & Expenses attached: yes X no (Required for all events) U- lavdatalSpeeial Event Regtiestl Waal Event Pemiit Applicatioit RL -VISED FtNA4 FY10 -t i (3).dw Previous year Revenue/Expense summary attached: yes X (Required for all events) Ads and Economic Impact Calculator attached: yes X Obtained on line at www.ArnericansForTlleArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) Page 3 of 5 no -- no X Serving or selling alcoholic beverages: yes 110 X If yes, what entity is obtaining the Alcohol License permit? (1f yes, copy of license and alcohol llabillfjP Insurance rer uh-ed 11vo (2) weelfs prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional insured, also reguir ed for vendors) Playing of amplified music: (Val ver required) yes no X Will there be entertainment; yes no X (If yes, attached list of Performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes A- no (traffic control /security) Will supplement tivith private security: yes X na (rf yes, need plan attached) Requesting Elner eney Medical assistance: yes no X Requesting barricade assistance: yes no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no X (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no X Requesting stage use: yes no X ffyes, cheek type) Large stage (14' x 36') ❑ Srnall stage (16' x 21') ❑ Half small stage (8' x 21') ❑ UA%%, vdntMSpedal went RequesMpeclal Even[ Nnnit Application REVISED FINAL FY10- 11(3).doo Page 4 of 5 Requesting signage: yes x no Type: 4'A'Event sign X Parking Signs Banner lianging Indicate dates required (Waiver required if more than No (2) (peek prior to event) ? ltc O,J.J '11'r /3 Requesting City Portable Generator: yes (If yes, size & power) Food and beverage vendors: yes X If yes, approximate number 5 -6 applying for permit (Health Department approval required) yes applying now Other vendors: (Indicate type) yes no x 110 no no x Tents: yes X no .If yes, Horn inany loo What size or size required f o'xf O' (If yes, tern perrrrits and f Ire inspections may be needed) Will the event include amusement rides: yes no X (lf yes, Qpe and location and copy of liability Insurance required, also requires state license and inspection.) Will the event be gated: (Show on site rnop) yes no X Will there be a charge for the event: yes 110 x (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Fire Marshal to obtain and complete pennIt application) Will there be cooking with compressed gas: yes no x (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X 110 -- _- (If yes, locate on site rrrap. If no, indicate hoiv yort W/1 handle restroom creeds) Is reserved parking requested: yes (If yes, indicate locations acrd purpose for use) no x U:\%y%vdalAtSpceial Event RegnsOSpecial Event Pennit Application REVISED FINAL FYI 0 -E t(3).doc Page 5 of 5 Event Permit Attachments: x Revenue/Expense Budget --Revenue/Expense Recap Last Years Event ._..__...___._Site Plan X Arts and Economic Iriipact Calendar W fl Letter Requesting Noise Ordinance Waiver J/fi Letter Requesting Waiver Consumption Alcohol Beverages __?//Y —Proof of Non - Profit Status X General Liability Insurance Certificate }_Alcohol Beverage Liability Certificate x_Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 (lays prior to event • Intermediate Event 90 clays prior to event • Major- Event 120 clays prior to event Neighborhood Block Party 30 (lays prior to event 7/23113 Eve t Contractor/Coordinator Date Please print: Howard Alan Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. I" Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use On 1j, � Date Received '7 .s�1hJ Application fee received $ / U:Iw�rdata�Speciai I vent Req�iest`Speciat went Pemiit Application RI1-VISFb FINAL FYI 0 -1 t(3).doc N.E. 2nd Street N. E. 1 St Street (open) xxxxxxxxx o d os JCN�d�- P��ICi�S U) W > ���� 9 PU �Lr-�'k 5 1 ^ r- 00 East East Atlanic Avenue (open) xxxxxxxxx Beach N v o Q b- w Library xxxxxxxxx S.E. Ist Street - Bypass (open) S.E. 2nd Street -- ��~ - - -�� - Represent booths - -- - not actual amount or scale American Craft Endeavors Delrev Lavaut American Craft Endeavors 19th Annual Downtown Delra y Beach Craft Festival October 5 & 6, 2013 PROPOSED BUDGET FOR October 2013 Income Number of Crafters 115 Crafter Revenue $21,056 Number of Food Vendors 3 Food Vendor Revenue $1,350.00 Total Revenue $22,406.00 EXPENSES Advertising : Boca Raton News Expense $1 400.00 Palm Beach Post Expense $2,450.18 South Florida Newspaper Expense $790.00 Sun Sentinel Expense $3,750.00 Advertising SubTotal $8,390.18 Services Permit Palm Beach County Health Expense $25.00 Si na e AA Sign Lines Expense $600.00 Sanitation - Portolets Able Sanitation Expense $600.50 Sanitation - Dum sters Southern Waste Expense $752.69 Sanitation Tents 4 Events Expense $300.00 Barricades Bob's Barricades Ex ense $400.00 Security City Of Delray Beach Expense $1,100.00 Rentals Tents 4 Events Expense $200.00 Graphics for advertising Expense Expense $75.00 Payroll Hela ne Stillin s & Staff Expense $1,750.00 R - _ i�, o n Downtown Development Authori Expense $3,000.00 Lodgings and meals, travel Expense $400.00 Two Million Dollar liability ins policy Expense $400.00 Administrative Overhead telephone, mailin s,ete Expense $1 100.00 Service SubTotal $10,703.19 Total Expenses $19,09 .37 Show Profit $3,312-63 American Craft Endeavors 18th Annual Downtown Delra y Beach Craft Festival October 6 & 7, 2012 PROPOSED BUDGET FOR October 2012 Income Number of Crafters 110 Crafter Revenue $21,125 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $22,025.00 EXPENSES Advertising : Boca Raton News Expense $1, 575.00 Palm Beach Post Expense $2,450.18 South Florida Newspaper Expense $790.00 Sun Sentinel Expense $3,7 0.00 Advertising SubTotal $8,665.18 Services Permit Palm Beach County Health Expense $25.00 Si na e AA Sign Lines Expense $555.00 Sanitation - Portolets Able Sanitation Expense $572.50 Sanitation - Dum sters Southern Waste Expense $752.69 Sanitation Tents 4 Events Expense $325.00 Barricades Bob's Barricades Expense $350.00 Security City Of Delray Beach Expense $1, 100.00 Rentals Tents 4 Events Expense $400.00 Graphics for advertising Expense Expense $75.00 Payroll . , Hela ne Stillin s & Staff Expense $1,750.00 Rents 'e-o4 � 7 zj' Downtown Development Authori Expense $3,000.00 Lodgings and meals, travel Expense $400.00 Two Million Dollar liability ins policy Expense $650.00 Administrative Overhead telephone, mailin s,etc Expense $1, 100.00 Service SubTotal $11,055.19 Total Expenses $19,620.37 Show Profit $2,404.63 Arts & Ficonomic Prosperity IV: Calculator http://% vw w. americansforthearts .org/information _services /resear... e,IrM Uzich Dc�bew � ` 13 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): Nonprofit Arts and Culture Organizations: Nonprofit Arts and Culture Audiences: Total Industry Impact: (The Sum of Organizations and Audiences) CALCULATE ;l Reset 50,000 to 99,999 $119093 20000 Total household Local State Expenditures FTE Jobs Income Government Government . Revenue Revenue 519,093 0.7 $16,063 [ $666 1 $785 $406,200 F11.3 $245,227 $21,289 523,060 $425,293 1 12 5261,2901 $21,955 $23,845 ( Print Your Results Please see the fif;� below. Total The total dollars spent by your nonprofit arts and culture organization and its audiences; Expenditures-. event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. 1 of 2 7/23/13 2:32 PM MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 6, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 SPECIAL EVENT REQUEST /SAVOR THE AVENUE ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit for 6th Savor the Avenue, proposed to be held on March 27, 2014 from 5:30 p.m. to 8:30 p.m., sponsored by Boca Raton and Delray Beach Magazine and supported by the Downtown Development Authority. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE /SE 5th Avenue from 2:00 p.m. until 10:00 p.m., and SE 3rd Avenue from Atlantic south to the alley and SE 4th Avenue from Atlantic to the alley from noon until 10:00 p.m. and to provide staff assistance for traffic control and security, EMS assistance and Fire inspection, barricading, banner hanging, trash boxes, use of two (2) City -owned portable generators and the City genie lift. BACKGROUND Attached are a special event permit, site plan, budget and economic calculator for this event received from Marjorie Ferrer on behalf of the event producer. This will be a wine and food event to promote economic development for downtown restaurants. The event sponsor will be responsible for event management and coordination with restaurants, rental and set up of tables and chairs on Atlantic Avenue and cleanup. The individual restaurants will be responsible for table cloths, table settings and selling tickets. Street pole banner hanging was requested for March 6, 2014. Per LDR's, banners cannot be hung until March 13, 2014. The estimated overtime cost for this event is $3,095, the administrative fee $155, trash boxes $53 and barricade rental is $350 for a total cost of $3,653. The event producer is responsible for paying 100% of all City costs per Special Event Policies and Procedures. RECOMMENDATION Staff recommends approval of the event, temporary use permit, and staff support as requested with the following conditions: 1. Receipt of a Certificate of Event and Alcohol Liability Insurance by March 6, 2014. 2. Receipt of a Hold Harmless Agreement by March 6, 2014. 3. Banner hanging approval to begin no sooner than 14 days prior to the event. City of Delray Beach Special Event Permit Application REVISED 11.2.10 PLEASE TYPE OR PRINT Event Name/Title: Savor the Avenue 2014 Event Date(s): Thursday, March 27 2014 Times: 5:30 - 8:30 pin Rain Date — Friday, March 28, 2014 1993 2001 RECEIVED JUL 19 2013 ADMINISTRATIVE SERVICES Requesting street closure: yes X_ no (If yes, need time /date for closure and reopening) Begin Street closures at 2:00 pm — completed at 3:00 pm along Atlantic Avenue from Swinton Avenue to the west side of 5th Avenue, SE 3`d Avenue closed from Atlantic Avenue to the SunTrust alley at 12 :00 noon; SE 4th Avenue closed from Atlantic Ave to the Alley at 12:00 noon, the street closure time 2:00 —10:00 pm. Genic lift requested for the Mayor's Toast at the RR and Atlantic Avenue set by 5:30 pm Event Sponsor/Producer: Boca Raton and Delray Beach Magazine 1 Downtown Development Authority Event Contact/Coordinator: Marjorie Ferrer / Laura Simon / Carey McKearnan Name: Downtown Development Authority Address: 85 SE 4th Avenue Suite 108 Telephone Number: 243 -1077 Cellular Number: 271 - 31681573 -3672 E -mail Address: M &Mr�,tl wr3t� td�lr� b h, nt1 tsimon @d t vim d_dr yb.c a>a� Event Description/Purpose: Special program for economic development/restaurant retention for the DDA District for restaurants. A unique award winning culinary experience at the Nation's Longest Dining Table -- stretching from Swinton Avenue . -th . Brief History of Event (If applicable):This will be the 6th year for this program for restaurants in the DDA District, Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's rides, games, other programs): The long table will be set up in the middle of Atlantic Avenue, street surprises, wine tasting, informal modeling and music. Number of Individuals Served Previous Year (if applicable): 1,200 estimated will make reservations with participAting restaurants and will dine together. Page 1 of 5 Page 2 of 5 Describe the targeted population and expected attendance: Individual restaurants will invite guests to participate from their individual customer lists; tourists who wish to experience a unique event; targeted hotel concierges; subscribers of Boca Raton magazine and Delray Beach magazine will be targeted as well as the DDA list of local contacts and Face Book fans. Describe how the program or project addresses community needs: Economic development for the participating restaurants plus shoppes participating by staying open during and after the event and -offering special programs for the evenin . Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): Boca Raton Magazine, Delray Beach Magazine, All social media, WPTV Newschannel 5, Pineapple Newspaper, Sun - Sentinel, Businesses – posters, brochures, e- blasts, I- Contact, all restaurants lists of customers. Sponsor Category (please check) City ❑ Non- Profit/Charitable o Private ❑ Co- Sponsor – Non- Profit/Private X (If Non profit attach proof of 501c(3), c(4), c(6), Q10), or c(r9) or (d) Event Location (Describe area boundaries of event/location): Downtown DDA District --- Cluster 4 – Atlantic Avenue from Swinton east to 5th Avenue. Street closures beginning at 2 :00 pm – car towing if necessary completed by 3:00 pm. Towing signage up 24 hours in advance_ Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no —X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: (Required for all events) Previous year Revenue /Expense summary attached: (Required for all events) yes X no_ yes X no Arts and Economic Impact Calculator attached: yes X_ no Obtained on line at www.AmericansForTheAits.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes X no Z: 1Ma rjorie \MarjIBLOCKS1MarjoriclSavor the Avenue 20141Savor the Avenue Permit 2014.doc Page 3 of 5 (Indicated on budget) Do you have in -kind sponsors for the event; yes X (Indicated on budget:) Serving or selling alcoholic beverages: yes X no If yes, what entity is obtaining the Alcohol License permit? No permit will be required since the DDA will be giving the beverage away --- same as past years. (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X_ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no, Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes X no (traffic control/security) Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no (If no, how are you handling ?) X Requesting trash boxes /containers and liners: yes X no Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') a Small stage (16' x21') ❑ Half small stage ($' x 211) ❑ Requesting signage: yes X no Type: 4'x4'Event sign Parking Signs _X Banner hanging X Indicate dates required 3 weeks prior (Waiver required if more than one (1) week prior to event) Z: WarjorieWarj lBLOCKSWarjoriclSavor the Avenue 20141Savor the Avenue Peanit 2014.doc Page 4 of 5 Requesting City Portable Generator: yes _____X Q_ no (If yes, size & power) t G Food and beverage vendors: If yes, approximate number (Health Department approval required) Other vendors: (Indicate type) yes no X yes no yes no Tents: yes X no If yes, How many TBD What size or size required TBD (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on -site map) yes, no X Will there be a charge for the event: yes X no (If yes, indicate ticket prices) Varied menu process charged by individual restaurants Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes X no (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event; yes X no (If yes, locate on -site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes (If yes, indicate locations and purpose for use) Event Permit Attachments: • Revenue/Expense Budget • Revenue/Expense Recap Last Years Event • Site Plan • Arts and Economic Impact Calendar Z:I Marjorie lMarjMLOCKS1Marjorie\Savor the Avenue 20MSavor the Avenue Permit 2014.doc no X Page 5 of 5 • Letter Requesting Noise Ordinance Waiver • Letter Requesting Waiver Consumption Alcohol Beverages N/A Proof of Non - Profit Status to come General Liability Insurance Certificate N/A Alcohol Beverage Liability Certificate N/A Proof of Rental Agreement or Authorization Letter from Private Property Owner to come Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event ur&4)A� -111(bLo Event Contractor /Coordinator Date Please print: Marjorie Ferrer Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1" Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received ������ Application fee received $ z:Narjoric\MarjW LOCKS\Marjoric\Savor the Avenue 20141Savor the Avenue Permit 2014.doc j6,-lNa.,;A 77; .141.- 41 -.-3AV HJg BW aA*H_ua7 • L V4 All W S.Th AVE IL C14 C) LLI 5 (N Z W A -VbL� > w I < < Lu co U) LU z Ul CL LL, w M CL 11 ii LU Z 0 UJ Z LLJ < w cc 0 0 0 0 r,% LL LL C:) (Z (4 Savor the Avenue Actual Budget 2013 Savor the Avenue 2013 Budget - DDA Income: DDA Co-Sponsorship/ advertising $12,000 In -Kind Rentals - $ 3,000 Expense: City Permit $150 Awards $287 Photography & Volunteers Miscell Printing $190 Tent Rental $972 Rental Delivery $1,718 Entertainment/Sound $1,000 Port-o -Lets $102 City Expenses 100% $3,083 Rental Kitchen Equipment $2,115 Lega2y Tickets $1,500 $11,117 In Kind LY - Rest $ 17,0001 Mag. $47,930 Printing Boca Mag I D. Bf Ad Design Boca Ma / D. M lPhoto ra herNidea ra her Boca Ma 1 D. Bt :ach Mag :ach Mag each Mag Savor the Avenue Estimated Budget 2014 Savor the Avenue 2014 Budget - DDA Income: DDA Co-Sponsorship $4,000 Sponsorships 12,000 In -Kind Rentals - $3,500 Total Income $16,000 Expense: City Permit $150 Awards $300 Photography & Volunteers $300 Miscell Printing $200 Tent Rental $1,000 Rental Delivery $1,800 EntertainmenVSound $1,000 Port-o -Lets $102 City Expenses 100% $3,200 Rental Kitchen Equipment $2,500 Legacy Tickets $1,500 Total Expenses $12,052 In Kind LY - Rest $ 17,0001 Mag. $47,930 Printing Boca Mag 1 D. BE Ad Design Boca Ma 1 D. BF Photo ra herNideo ra her Boca Ma 1 D. BE each Mag aach Mag :ach Mag Arts & Economic Prosperity IV: Calculator Page 1 of 2 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): STEP 3: TOTAL- ATTFNITANCL (00110NA1 c5 kV 0�2_ k C, X01 Lf 50,000 to 99,999 0 TOTAL_ ATTENDANCE to your organization's arts events (again, do not use commas): CALCULATE Reset $176982 1200 Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. http: / /www.americansforthearts.org /information _services /researc]Vservices /economic _imp... 7/11/2013 Total Expenditures FTE Jobs Household Income Local Government State Government Revenue Revenue Nonprofit Arts and Culture $76,9$2 2.8 $64,766 1 $2,686 $3,163 Organizations: Nonprofit Arts and Culture $24,372 0.7 $14,714 $1,277J $1,384 Audiences: Total Industry Impact: $101,354 3.5 $79,4$0 $3,963 $4,547 (The Sum of Organizations and Audiences) Print Your Results Please see the fine print below. Total The total dollars spent by your nonprofit arts and culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. http: / /www.americansforthearts.org /information _services /researc]Vservices /economic _imp... 7/11/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 13, 2013 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 SPECIAL EVENT REQUEST /EVP VOLLEYBALL TOUR ITEM BEFORE COMMISSION Commission is requested to approve a Special Event request for the EVP Tour Volleyball Tournament proposed to be held on the Municipal Beach on September 21, 2013 from 8:00 a.m. — 6:00 p.m., with setup beginning September 20, 2013 at 5:00 p.m. This event is being co- sponsored by the Delray Beach Marketing Cooperative and EVP Tour Sports Endeavors. Commission is also requested to provide staff support for lifeguard assistance and traffic control. Also requested is a waiver to the City Code of Ordinances, Section 101.32 to allow assembly on the beach of more than 25 people and use of the Sandoway Parking lot for athlete and spectator parking. BACKGROUND Attached for review is the Special Event Permit, site plan, budget, economic calculator and other related information. It is estimated that approximately 300 athletes will participate with an estimate of 500 — 600 spectators. Athletes and spectators would use the Sandoway lot, which would be manned by our lifeguards and used as a fundraiser. Approximately six (6) tents will be set up on site per the site map. Event producers will be responsible for event management and set up, as well as site clean -up. The estimated overtime costs for this event are $740. DBMC's costs will be 50% of overtime costs, plus $388.50. RECOMMENDATION Per the Special Event Policies and Procedures, the the 5% administrative fee, for an estimated cost of Staff recommends approval of the event as proposed, staffing as requested, waiver of City Code Section 101.32 to allow assembly on the beach of more than 25 people and use of the Sandoway parking lot contingent on the receipt of an approved turtle permit fourteen (14) days prior to the event and a copy of your temporary liquor license by September 12, 2013. RECEIVED City of Delray Beach °U"AY BEACH AUG 0 8 2013 Special Event Permit Application ADMINISTRATIVE SERVICE REVISED 11.2. 11 1110 PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: � W �� � - G� wne�l �v t'�•S�nl �S Event Date(s): 2 Times: q/;Zojll --j* Requesting street closure: . yes no_ (If yes, need time /date for closure and reopening) A t /A Event Sponsor/Producer- � 1) � yoU �cao �l ��i e��`x��) (r� � c �• A'11_1 kll Event Contact/Coordinator: _ Af 0V'CV`►k-P_ Name: S"Vyw,_ Telephone Number: s Celli r Number, 5-41-322 --S S_7�- E -mail Address: &�•". • CCVVN cvvw Brief History of Event (If applicable): Z66 LS &t A Ice/rwe4!� ' (y )NoU-,-A 1CeC.�. �'{1l� lx,r inc.S hrr� €�e�di ;ran feu �. (1 e�rvk fL rit 1�� T !;l O S Ken b,lly( %i h /e ,Delr e' h tires J�► Planned Activities (Outline of activities/number of activities, i.e. children's rides, games, other programs): l �o 'tci 1)nU Lou Page 1 of 5 Number of Individuals Served Previous Year (if applicable): ff(ie,) Describe the targeted population and expected r. V- all aV S Describe how the program or project suf-` - ll Page 2 of 5 Describe your Marketing/Promotions Program (How will you tnarket/promote, Le. TV, radio, posters, flyers, web sites, other): r c_rS� �[ icy, fitnnr�y�lict Nk el-li Sponsor Category (please check) City o Non- Profit/Charitable © Private a Co- Sponsor --- Non- Profit/Private ,K- (If Non pmfl -f attach proof of 501c(3), c(4), c(G), C(10), 01- c(19) 01- (rl) Event Location (Describe area-boundaries of event location): Site plan attached: yes 7— no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and bare -icade location if applicable.) Rental of Old School Square: yes no (If yes, attach proof of approval) Rental of Old School Square Park: yes no X- (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes 110 (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes (Requimd for all events) U_1w dataLSpeciat Event ReyuesMpecial Event Permit Application RIiV1SED FINAL FYI G- E1 (3).doc no Page 3 of 5 Previous year Revenue/Expense summary attached: yes %� no (Required for all events) Arts and Economic Impact Calculator attached: yes no Obtained on line at Nv%vtiv.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no (Indicated on budget) Do you have inkind sponsors for the event: yes no (indicated on budget) Serving or selling alcoholic beverages: yes, no If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurauce re{�c��fl3va (2) iveelrs prior to event)/! l�¢fi Event certificate of insurance attached: yes_ no (Required tsvo (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes %L no _ (T3'aiver required) Will there be entertainment: yes no (If yes, attached list of Performers and/or M's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes_ no (traffic control /security) r •c ConA,Y,1 A- ►,4 chi Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency M, edical assistance; ves tro _ 6IGCiGSres. -r- Requesting barricade assistance: yes no (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no (If no, how are you handling ?) C-Vi' Requesting trash boxes /containers and liners: yes no Requesting stage Fuse: yes no (If yes, check type) Lange stage (14' x 361) © Small stage (16' x 21') ❑ Half small stage (S' x 21') u U- N,v %YdatalSpecial Evcnt Request\Special Event Fennit Application REVISED FINAL FY10 -I 1(3),doc Requesting signage: yes no Type: 4'A'Tvent sigil parking Signs Banner hanging Indicate dates required (Waiver required if more than tivo (2) n eekprior to event) Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) Other vendors: (Indicate type) yes no yes no yes no yes 110 Page 4 of S Tents: yes X— no If yes, M01v many i 2— if'hat size or size required 2 S 'I& t zC� i U t 0 x 'v (If yes, tent pe"nitr and fit•e inspections turfy be needed) Will the event include amusement rides: yes no K (If yes, type and location and copy of liability Insurance mquired, also requires state license and inspection.) Will the event be. gated: (Shm on -site ttlap) yes no Will there be a charge for the event: yes no__ - (If yes, indicate ticket prices) $ WIII there be fireworks or other pyrotechnics: yes no (Ifyes, contact Fire Marshal to obtain and complete per-mit application) Will there be cooking with compressed gas; yes no Al (If yes, contact Frye Marshal for inspections) Will you be providing port -a -lets for the event; yes no (If yes, locate on site Harp. If Ito, Indicate Itoly you ;Pill handle msh•oom needs) Is reserved parking requested: yes ?Q no (If yes, indicate locatlons acid purpose for use) ��e�'� .S Uv.�rW�j � Ga-- �� (���;. -, 2-�SG� G✓! (1 /�'..�� �.�� �� �nC%>r�r UA%v%•datalSpc6-d Event Request\Special Event Fennit Application REVISED FINAL FYI O -I I(3).doc Page 5 of 5 Event Permit Attachments; Revenue /Expense Budget Revenue/Expense Recap Last Years Event Site Plan 7—Arts and Economic Impact Calendar L ` Letter Requesting Noise Ordinance Waiver V/ F Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non - Profit Status V Gencial Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ' Hold Hatnitess Agreement, notarized. Submittal Date Requirements: • Minor Event 45 clays prior to event • Intermediate Event 90 days prior to event • Major Event 120 clays prior- to event • Neighborhood Block Party 30 days prior to event Event ontra or /Coordinator Date Please print: vz^ Please enclose the appropriate non- refilndable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444, Required with permit application, For Staff Use Ont Date Received N1'x111 Application fee received $ / U U:I%ti,%edataNSpeeia[ Event RcquesMpecia[ Event Permit Application REVISED FWAL FYI O -1 1(3).doc � 4 • ■ S w � ! i s Itec�lstratfc�rt font 4sp1w1ltyTertt ` ❑ � IrtG Men's � Center '� � � ❑I'I�y�,r� rent COUrt Stage olnol'5 m fllf, Center 7 � urt VIA' Tent Medical❑ City Tent 1. OF] 94 10 1 j, 12 H [16_1 13 ?.0 Delray Beach, FL September 21, 2013 Title Sponsor $0.00 Permits $0.00 DMC TV Production Presenting Sponsor $0.00 $4,000.00 EVP Women's $4,000.00 EVP Sponsor $300.00 EVP VIP Beverages $300.00 VIP Food Host Sponsor $15,000.00 $0.00 Security $0.00 Merchandise $300.00 Live Music $0.00 T -Shirts Corporate Challenge $3,200.00 $500.00 EVP DJ $300.00 EVP Cabana Village $0.00 (rollout in 2012) Insurance $500.00 EVP Admin Expense Registration $11,200.00 $1,500.00 EVP Hotel $2,000.00 EVP Mise Price Qty Total Pro Teams 4 courts I Men 100 15 $3,750.00 Women 100 12 $2,500.00 Gold 1 Men 70 10 $700.00 Women 70 10 $700.00 Al Men 50 10 $500.00 Women 50 10 $500.00 Amateur 12 B I Men 50 10 $500.00 courts Women 50 10 $500.00 AAJ Men 50 0 $0.00 Rec. 50 10 $500.00 Co -Ed Adv. 50 10 $1,050.00 0 0 $0.00 Number of Teams 107 $11.200.00 Money Rental Travel: Total Revenue $29,700.00 Total Cost $30,200.00 I At 30% sales of sponsorship inve txpenses Permits $0.00 DMC TV Production $3,500.00 EVP Men's $4,000.00 EVP Women's $4,000.00 EVP Amateur $300.00 EVP VIP Beverages $300.00 VIP Food $400.00 Vehicle $0.00 Security $0.00 Labor $2,000.00 EVP Live Music $0.00 T -Shirts $400.00 EVP Merchandise $500.00 EVP DJ $300.00 EVP Producer $500.00 EVP Insurance $500.00 EVP Admin Expense $2,000.00 EVP Air $1,500.00 EVP Hotel $2,000.00 EVP Mise $2,000.00 EVP Total Cost $30,200.00 I At 30% sales of sponsorship inve 2011 & 2012 National Champlotlshlps - Delray Beach 2011 2012 Event Operations k `[_. Awards: Prize Money; Premiums. 7000 7000 Operations: Truck;Staff 800 900 Travel; air flights; Hotel (stall) 2500 3000 Contracliahor 2000 2500 Permit (Delray city services), 1800 2000 Total Event Operations I 141GOI 15400 0 2011 & 2012 Revenue 2011 2012 k `[_. Entry Fees 2300 3000 Tour Sponsorship 3000 4000 City of Delray Reach (DMC) 15000 15000 Local Sponsor 0 0 0 0 Total Revenue 20300 22000 Executive 5wmay Event Cost$ 14,100 15,400 N Protlutiions and Dist. 7,870 8,050 21,970 23,450 20300 22000 Plorit & Loss (1,570) (1,450) Tii7� I L J 2012 EVP TOUR PRESENIED BY SPARRUNG !GE kw r1 t o" April 2a Lom Slav 8P8* @ baa ow;* Qwwslal TX Ala j 12 Beam Bum Week @ Tytee Islard, Saramah. GA - TV htTj 19 BMOAarl EVP JSWA @ P&Wm City Beach. FL j. hlay 26 EVP island Hdday @ VanderNl Beach. Naples, FL -TV ,Axle 2 BoaRloose Blasi PraAm 0 N&LhAve Beach. Map IL .Ane 16 W'h N Sptash @ Na+h Beach. Racm. VA - P! Arne 23 Let A Rail Spl.es @ AM Beach. Searle. WA J mw 30 Sparks Eiu me Beall FeA @ W* HoW W • TV A* 4 Fmmx ier ProAm @ Lisn Bead4 h OHW Cty.1N Jury 14 Spte n' Sxsei @ Norm Ace Beach, Chcacp J421 WyPmAm @Beach W,Ird!!w3. i_s.M J428 CB Brach SPam Fesm.J, Ocean Beach, O?.an Cty, l,1O Aug 4 hk Mest Chanpunshq @ NorlhMe Beach, Cheago Aug 1I EaAAmas1 Ctwrpoash ps@ Buckme Beach. Hair ;don VA Aug , 18 Rode the Rover Q Ctrarlesbn, YN - TV Seal 1 Sm#easl Chairpmshgs @ Pwwm Uy Beach FL • TV Seat 8 Roc#;n Sew West @ New &Aalo. UP Seat 22 Natcaal Chamyorkshps @ De'ray Beach. FL -TV 1 I fl;, %N11111 X11;1 A I. I'1 ACc F 111.11 �[i�Y 8�E Cli realrac4ne ('~I r�13 �'l; �J �•,� •� CSS j r. .. , AIINR OHOROtA 1 i ii mr 11 /inA C 1 19,41 A A ' 1 I fl;, %N11111 X11;1 A I. I'1 ACc F 111.11 Untitled Document Page I of l Information STEP 11- POPULATION POPULATION of YOW aAmmunit Y : 50 .,00 . t.o .. 5..9. .99 9 .. r STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL. EXPENSES (please do not use commas): $ 23450 STEP 3., TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 800 Calculate , tenet Total Economic Impact Of: Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related Total Expenditures FTE Jobs Household Income Local Government Slate Government Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the Revenue Revenue Nonprofit Arts and Culture $23,450 03 $16,420 $800 -- $913 Organizations: organization and /or its audiences. Household income includes salaries, wages, and proprietary incorne. Back to Calculator Nonprofit Arts and Culture — -- _ $1$,120 0.5 $7,350 $720 $843 Audiences; Total Industry impact: $41,570 1.2 $22,770 $1,520 $1,750 (The SurnoMgerrzaWnsandAadiences) {{ Pont Your. Results - Please see the fine r() ink below, Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related When using estimates derived from this calculator, Avays keep the foltovring caveats in mind: (1) the results or this analysis are based upon the averages of similarly populated communities, (2) inpulloutput models were customized far each of these similady populated communities. providing very spedfx, . employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. 0 Copyright 2007 by Americans for the Arcs. vmv.Amerir:ansForTheArts.orat http:llwww.an c i�icarisfortliearts. orglinforinatiottT ser-viceslresearchlservices lecononiic_iittp... 8/24/2012 spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees In similarly populated communities. Back to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and/or its audiences. An FTE can be one full -lime employee, We half-time employees, four omployees who vrotk quarter-limo, etc. Back to Calculator Household Income., The total doltars paid to community residents as a result of the expenditures made by your arts and culture organization and /or its audiences. Household income includes salaries, wages, and proprietary incorne. Back to Calculator Governniant The taint dollars received by your focal and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization andlor its audiences. Back to Calculator When using estimates derived from this calculator, Avays keep the foltovring caveats in mind: (1) the results or this analysis are based upon the averages of similarly populated communities, (2) inpulloutput models were customized far each of these similady populated communities. providing very spedfx, . employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. 0 Copyright 2007 by Americans for the Arcs. vmv.Amerir:ansForTheArts.orat http:llwww.an c i�icarisfortliearts. orglinforinatiottT ser-viceslresearchlservices lecononiic_iittp... 8/24/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: dkSM IN ALLEN ,PLANNER PAULDORLING ,A]CP,LEED CA),DIRECTOROFPLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: August 15, 2013 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of August 5, 2013 through August 16, 2013. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of f August 14, 2013 A. Approved with conditions (4 to 1, Alice Finst dissented, Jason Bregman absent, Mark Gregory stepped down ), a request to establish a blanket sign program for 504 Office Building, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (504 East Atlantic Avenue). B. Approved (6 to 0), a request for a color change replacing the previously approved green awning with a black awning for Gulfstream Business Bank, located at the southeast corner of SE 5th Avenue and SE 9th Street. C. Approved (6 to 0), a request for a color change associated with replacing an orange awning with a black and white striped awning with hot pink trim for the front and rear of entrances for Sloan's Ice Cream, located on the north side of East Atlantic Avenue, east of Pineapple Grove Way (111 -B East Atlantic Avenue). D. Approved with conditions (6 to 0), a request for a color change for Beach House Condominium, located on the west side of Andrews Avenue, north of Lowry Street (150 Andrews Avenue). E. Approved with conditions (6 to 0), the as -built color changes for Linton International Plaza, located at the southwest corner of Linton Boulevard and SW 10th Avenue (660 Linton Boulevard). F. Approved with conditions (6 to 0), a Class I site plan modification associated with the installation of a bi -fold storefront glass system for It'Sugar, located on the south side of East Atlantic Avenue, east of SE 2nd Avenue (250 East Atlantic Avenue). G. Approved with conditions (5 to 1, Rustem Kupi dissented), a Class I site plan modification associated with the replacement of the existing mansard roof and signage, with a parapet roof structure for Delray Hyundai, located on the east side of NE 6th Avenue, north of NE 5th Street (541 NE 6th Avenue). H. Approved with conditions (6 to 0), a Class II site plan modification associated with on -site landscape modifications for Linton Woods, an existing condominium development located at the northeast corner of South Federal Highway and Banyan Tree Lane (1555 South Federal Highway). L Approved with conditions (6 to 0), a Class 11 site plan modification, architectural elevation plan and landscape plan for Delray Buick GMC, associated with the modification of the front (east) building elevation to reflect the current national Buick/GMC image elements and minor landscaping and parking lot changes. The subject property is located on the west side of South Federal Highway, south of Linton Boulevard (2400 South Federal Highway). Historic Preservation Board Meeting of f August 7, 2013 1. Approved (4 to 1, Anna Maria Aponte dissenting and Iris McDonald absent), a Class I site plan modification and a request for a Certificate of Appropriateness associated with the demolition of an accessory structure on a contributing property, located at 182 NW 5th Avenue. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 2. Recommended approval (5 to 0), of the request for historic designation of an individual site to be listed in the Local Register of Historic Places for the property located at 2 Fisher Lane. RECOMMENDATION By motion, receive and file this report. • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT AUGUST 20, 2013 SPRAB: w A. 504 OFFICE BUILDING D. BEACH HOUSE OF DELRAY B. GULFSTREAM BUSINESS BANK E. LINTON INTERNATIONAL PLAZA C. SLOAN'S ICE CREAM F. IT'SUGAR G. DELRAY HYUNDAI 1. 182 NW 5TH AVENUE H. LINTON WOODS I. DELRAY BUICK GMC -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \8 -20 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Lisa Hartman, Utilities Financial Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 13, 2013 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF AUGUST 20, 2013 CONTRACT AWARD /MUNICIPAL CODE CORP. ITEM BEFORE COMMISSION Approve an award to Municipal Code Corporation to print and mail utility invoices. The quote utilizes contract prices under a current City of Sarasota contract "Utility Bill Printing and Mailing ", 12 -02 LKD. The annual estimated cost is $140,000 which includes $30,000 for printing and mailing and $110,000 for postage. BACKGROUND The City has been utilizing Globe Marketing since we outsourced our bill printing and mailing process in 2006. The City of Sarasota did a Request for Proposal for Utility Bill Printing and Mailing and the contract award went to Municipal Code Corporation (MCC). The number of utility accounts in the City of Sarasota is very similar to the City of Delray Beach so we "piggybacked" off of that contract for the printing and mailing of our utility invoices. The current pricing for Globe Marketing is $.096 per invoice but it does not include any the cost of the blank invoice forms, window envelopes or return mail envelopes. The per invoice pricing for MCC is $0.105 and all paper supplies, invoices and envelopes, needed for billing are included in this pricing. Our current price structure with Globe adds an additional cost of $.0665 for paper supplies which we must order from another vendor and have the supplies shipped to Globe. This makes the City's total cost per invoice $.1625 each. The cost per invoice with MCC will be $.105. MCC also handles the management of the postage account and will provide an accounting of the mailing costs and a monthly reconciliation of the postage account. This will save staff time as we no longer will have to handle the ordering of the paper supplies and have them shipped to the vendor or process payments to the post office. MCC also provides some additional services that we currently do not have receive. They will provide e -mail notification regarding when they start the billing, when they process the billing and when it is mailed. The invoices will also be sent to us for a review process prior to mailing. They can also address some of our customer concerns such as not mailing a return envelope when a customer has bank draft. They will provide a copy of the billing file for our records at no additional cost so we will have an exact copy of the invoice for our records. Our current agreement with Globe did not include this and to add this to our current agreement will cost $150 per billing cycle or $600.00 per month. Globe Marketing Municiaal Code Invoice Cost $ 0.096 $ 0.105 Window Envelope $0.0236 Included Return Mail Envelope $ 0.0209 Included Blank Invoice Cost $ 0.0220 Included Total Cost Per Invoice $ 0.1625 $ 0.1050 Insert Newsletter $ 0.0075 $ 0.0050 Est Annualized Cost Globe Marketing Municiaal Code Invoices $ 27,428.00 $ 30,000.00 Paper Costs* $ 19,000.00 Included Postage ** $ 110,000.00 $ 110,000.00 Est. Annualized Cost $ 156,428.00 $ 140,000.00 *This includes cost of invoices, window envelopes, and return envelopes. * *Postage with Municipal Code may results in savings as well Upon approval by City Commission, MCC will execute a "Standard Form of Agreement between the City and Vendor ". We are required to give Globe Marketing a 30 day notice for the termination of their agreement. We also will need a sufficient amount of time to implement the City's invoicing with MCC and we are anticipating that we will be able to complete everything by September 30, 2013. FUNDING SOURCE Funding will be from 441 - 5112 -536 -3490 for $30,000 and 441 - 5112 -536 -4210 for $110,000 (Water Utilities Fund/ Utilities Customer Service). RECOMMENDATION Staff recommends award to Municipal Code Corporation for utility bill printing and mailing for the City of Delray Beach with an estimated annual cost of $140,000, contingent on notice being provided to current vendor of termination of services, the acceptance of the City's Agreement by Municipal Code Corporation, and receipt of insurance certificate from Municipal Code Corporation meeting the City's requirements. Request For Proposal # 12 -02 LKD Outsourcing Utility Bill Printing & Mailing For Utility Department Issued by the City of Sarasota Purchasing Division Proposals to be submitted before: June 7, 2012 by 2:30p.m. in the Office of the Purchasing Manager 1565 First Street, Room 205 Sarasota, Fl. 34236 Ph. #(941) 954 -4151 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 0TY OF First advertising date: 05/15/12 Notice to Proposers RFP# 12 -02 LKD Outsourcing Utility Bill Printing & it<Iailing Request for Proposal The City of Sarasota, Florida, is requesting proposals from qualified individuals/finns forRFP# 12 -02 LKD Outsourcing Utility Bill Printing & Mailing on an "as needed" basis for a me (3) year period. This agreement may be extended for two (2) additional one (1) year periods by mutual agreement, within budgetary limitations, at the same terms and conditions. The Scope of Services for this 1<tt +P is available from Demandstar by calling (800) 711 -1712 or by accessing their Internet address at ivww.dcntaudstar.com. Vendors who obtain the Scope of Services from sources other than Deman€IStar or the City of Sarasota Purchasing Department are cautioned that the submittal package may be incomplete. Addenda will be posted and disseminate €! by DentandStar at least five days prior to the submittal (late to all vendors who are listed on the official list. The City may not accept incomplete proposals. Those individuals/ Timis interested in being considered for (RFP) are instructed to submit live- (5) copies and one (1) original of their proposals, pertinent to this project prior to 2:30 p.m. on dune 7, 2012, to the office of the Purchasing Manager, 1565 first Street, Room 205, Sarasota, Florida, 34236. The Request for Proposals shall be received in a sealed crivelope, prior to the time scheduled to receive proposals, and shall be clearly markedRFP# 12 -02 LKD Outsourcing Utility Bill Printing & Mailing. Qualified responses will be reviewed and ranked by an evaluation committee. There will not be a pre - proposal conference for this RIP. Please Note: in the event a proposer chooses not to submit a proposal, please refer to Item #6: '"!'o Response to RTP °'for instructions. Questions regarding this Request For Proposal 912 -02 LKI) Outsourcing utility Bill Printing & Mailing are to be directed, in writing, to Lori DeLoach at Lori —DeLo ich r€ >SarasotaGov.coni, or faxed to (941) 954 - 4157, during normal working houts. ,Sincerely, 0�-" Mary G. Tucker, C13114, FCPM Purchasing Manager 12 -02 LKOOutsourcing Utility Bitling &?mailing Services Opens: 0 610712 01 2 I. II. III. N. V. Scone of Service: The City of Sarasota, Florida is requesting proposals based on companies qualifications to perform utility billing services. The major services are the ability to import electronic billing daily, print billing with custom design, and bulls mail in accordance with the technical specifications, provided below, in the most cost effective and timely way possible. Administered By: Utility Department Submission Schedule: 05/15/2012 06/07/2012 2 :30 pin 06/27/2012 1:30 pin Solicitation: Request for Proposal Advertised Submission Deadline Review Proposals, Establish Short List, if necessary City Hall, 1565 15` St, Room 206, Sarasota, FL 34236 Schedule Presentations, if necessary Recommendation to City Commission To be considered, submit one (1) original and five (5) copies to: Purchasing Manager City of Sarasota, Purchasing Department 1565 First Street, Room 205 Sarasota, Fl. 34236 RFP proposals shall be received in a sealed envelope, prior to the time scheduled to receive proposals, and shall be clearly »narked: RFP# 12 -02 LKD Outsourcing Utility Bill Printing & Mailing Communication: All communications regarding this project, including questions related to this Request for Proposal, shall be submitted in writine to the Purchasing Manager 8 days prior to the bid opening Purchasing Manager City of Sarasota, Purchasing Department 1 565 First Street, Room 205 Sarasota, Fl. 34236 FAX: (941) 954 -4157 VI. No Response to RFP: If choosing not to submit a response to this RFP, proposer shall complete and return the RFP Form found in the forms section, giving a brief explanation as to the reason for not submitting a proposal at this time. Please gate. The explanation for not submitting a proposal is clue no later than the deadline for the RFP opening. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 VII. Local Preferences in Purchasing and Contracting: Definitions: City - The Term "City" shall mean a person, firm, corporation, or other business entity which is duly licensed and authorized to engage in the particular business at issue, and which has maintained a permanent place of business with full -time employees within the City limits of the City of Sarasota, for a minimum of one (1) year prior to the date bids were received for the purchase or contract at issue. County - The Term "County" shall mean a person, firm, corporation, or other business entity which is duly licensed and authorized to engage in the particular business at issue, and which has maintained a permanent place of business with full -time employees within Sarasota County, for a minimum of one (1) year prior to the date bids were received for the purchase or contract at issue. Non- local - All others • Post office boxes are not verifiable and shall trot be used for the purpose of establishing swirl physical address. • hr order to be eligible for local preference, the vendor must provide a copy of the occupational license. Request for Proposal on -CCNA) In purchasing of, letting of contracts for procurement of, personal property, materials, certain contractual services, and construction of improvements to real property or to existing structures, the City Commission, or other purchasing authority, may give a preference as follows: Within City limits 10 points (out of 100) Sarasota County 5 points Non -Local -0- points Ties: In the event of any tie (either in the best and final bid price under a bid process, or in the point total in a proposal process) between a local city or county business, and a non -local business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local city or county business. In the event of any tie between a local city business and a local county business, the local city business shall be awarded the contract or receive the first opportunity to negotiate, as applicable. In the event of any tie between a local city business and another local city business, or a local county business and another local county business, the local vendor with the greatest number of full -time employees working in the City of Sarasota or Sarasota County respectively, shall be awarded the contract or receive the first opportunity to negotiate, as applicable. City of Sarasota, Ordinance 09 -4849 VIII. Submission Requirements: A. Required Information: Please submit the following information in the order requested: 1. Name, address, phone number, fax number, and e -mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm if the proposal is being submitted by a firm. 2. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2092 The proposed scope of work based on the City's objectives outlined in this RFP. Include performance standards appropriate to the proposed work. 4. Samples of statement formats currently provided by proposer (no more than 6 styles) IX. Limitations: A. This request does not connnit the City to the award of a contract, or to pay any costs incurred in the preparation for a response to this request. B. The City of Sarasota may or may not require the prospective proposer to participate in negotiations and to submit additional technical information or other revisions to their proposal as may result from the negotiations. C. The City of Sarasota reserves the right to reject any or all proposals, to waive informalities, to request additional information, and to award a contract deemed most advantageous for the City. X. Miui>Inum Requirements of Proposer: A. Previous experience in the performance of projects of a similar nature. B. The Individuals /firm warrants that he/she is frilly qualified, with adequate personnel and experience to undertake the services required within a reasonable time. C. Registered under the State of Florida to perforrn the services required for this project. Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing your firm as eligible to conduct business in the State of Florida. Please refer to website: ivww.sunbiz.org XI. Proiect Representation: The City Manager or his/her designee will be the Contract Administrator for this project. XII. General Terms and Conditions A. Payment of Fees The contract shall be a fixed fee type of contract not to exceed the negotiated contract price. Progress payments will be made monthly, based upon percentage of tasks completed. B. Time of Completion The services shall commence upon written notice to proceed from the City Manager or his designee, and the project shall be completed in accordance with the project schedule. C. Project Team Substantial consideration is given by the City in awarding of an agreement, based on the experience of the project team proposed by the individual/firm to perform the services required. No change shall be made in the composition of the team, without the prior written approval of the City Manager or his designee. 12 -02 LKO Outsourcing Utility Billing & Mailing Services Opens: 06/0712012 D. Changes in Scone of Work The City Manager may request changes in the scope of work to be performed. Such changes, including increase or decrease in compensation must be mutually agreed upon and incorporated by written amendment to the agreement. E. Indemnification 1. Non - Design Professional The City shall not be liable for any loss, injury, death or damage to persons or property, which at any time may be suffered or sustained by any person whatsoever arising from the negligent performance by the successful proposer and its employees and agents of its obligations under the provisions of this agreement. The successful proposer shall indemnify and hold harmless the City, and agents and employees against all claims, liabilities, loss, injury, death or damage whatsoever, including but not limited to attorney fees, on account/or arising out of or resulting from any negligent act or omission of the successful proposer in the performance of the work. The City and the successful proposer acknowledge that the first ten dollars ($10.00) of the compensation paid to the successful proposer for its work hereunder shall be deemed specific consideration for this indetnrufication. The successful proposer shall fired the foregoing indemnification by providing the insurance coverage's set forth below. 2. Design Professional The successful proposer shall indemnify and hold harmless the City, its elected and appointed officials, officers, employees and agents, from liabilities, damages, losses and costs, including but not limited to reasonable attorney's fee, to the extent caused by the negligence, recklessness or intentional wrongfiil conduct of the successful proposer or any person employed or utilized by the successful proposer in the performance of the contract. City and the successful proposer acknowledge that the first ten dollars ($10.00) of compensation paid the successful proposer for its services hereunder shall be deemed specific consideration for the indemnification F. Insurance: The successful proposer, prior to the signing of agreement and before starting any work on this Agreement, shall procure and maintain, during the life of this Agreement, the insurance coverage listed below. The policies of insurance shall be primary and written on forms acceptable to the City. The policies shall be placed with an insurance carrier approved and licensed by the Insurance Department of the State of Florida and that meets a minimum financial A. M. Best & Company rating of no less than "A ": Excellent. The City of Sarasota will not accept any indication or evidence of self - insurance made by the Contractor, as it applies to any of the required insurance coverage. Any and all fully- executed contracts will require that the Contractor be fully insured per the terms and conditions as follows herein: 1. Worker's Compensation Worker's Compensation Insurance on behalf of all employees who are to provide a set-vice for this Agreement, as required by Florida Statues Chapter 440 and Employers Liability with limits of not less than $100,000 per employee per accident; $500,000 disease aggregate; and $100,000 employee per disease or proof of exemption waiver. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/0712012 2. Commercial General Liability Including but not limited to bodily injury, property damage, and personal injury, with limits of not less than One Million Dollars combined single unit per occurrence, Two Million Dollars per location aggregate plus property damage insurance in the minimum amount of Five Hundred Thousand Dollars covering all work performed. 3. Automobile Liability Including bodily injury, property damage liability for all vehicles owned, hired, leased, and non - owned, with Iimits of not less than One Million Dollars combined single unit per occurrence covering all work performed. 4. Umbrella Liability N/A unless being used to meet underlying coverage requirements. 5. Professional Liability If applicable, in the minimum amount of One Million Dollars. G. Hazardous Material If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this Agreement, no further work is to be performed in the area of the hazardous materials until the City's Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project: a. Contractor's Pollution Liability For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this Agreement including, but not limited to, all hazardous materials identified under this Agreement. b. Asbestos Liability For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this Agreement. C. Disposal When applicable, the successful proposer shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non - sudden occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate. 12 -02 EKD Outsourcing Utility Billing & Mailing Services Opens: 0610712012 d. Hazardous Waste Transportation When applicable, the successful proposer shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number. C. Certificates of Insurance Shall clearly state the hazardous materials exposure work being performed under this Agreement. 7. Builder's Risk When applicable, a special form coverage shall include, but not be limited to: 1. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to this Agreement; 2. Theft coverage; 3. Waiver of Occupancy clause endorsement; 4. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis; S. Maximum deductible clause of $50,000 each claim. G. Additional Insured The City of Sarasota, its elected and appointed officials, employees and agents shall be lisfed by endorsement as additional insureds, except for worker's compensation and professional liability. Further, other designated persons or entities may be required to be listed as additional insureds. H. Certification of Insurance The successful proposer, prior to providing any services pursuant to this Agreement, shall Rimish to the City proof of insurance, including, but not limited to a Certificate of Insurance referencing the City of Sarasota as "additional insured ", except for worker's compensation and professional liability, and the effectiveness of all required insurance for the successful proposer, and each of its subcontractors. The certificates of insurance shall state that the City will be notified in writing at least thirty (30) days prior to cancellation, non - renewal or any other modification of any policies required of the successful proposer. No work shall commence under this Agreement until the City's authorized representative has given written approval of the insurance certificates. Additionally, the successful proposer has an affirmative obligation throughout the entire term of this Agreement to provide the City Manager evidence of the continuation of all policies required of the successful proposer by this Agreement. As such, as each policy of insurance is renewed, proof thereof must be provided in writing to the City Manager. City suggests that the successful proposer obtain all policies on an occurrence form basis. If, however, the successful proposer determines to obtain claims -made policies, the successful proposer shall be required to assure that the policy dates run concurrently throughout the entire term of this Agreement and the successful proposer shall be required to maintain "tail" coverage at the successful proposer's own expense for a period of time as directed by the City Manager. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 48/07/2012 I. Successful Proposers Responsibility Approval by City of the successful proposer's work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the successful proposer for the accuracy and competency of the successful proposer's designs, drawings, specifications or other documents and work pertaining to the project. Additionally, approval by the City of the successful proposer's work product shall not be deemed to be an assumption of drawings, specifications or other documents prepared by the successful proposer for the project. After acceptance of the final plans by the City, the successfid proposer agrees, prior to and during the construction of the project, to perform such successful proposer services, at no additional cost to the City, as may be required by the City to correct errors or omissions on the plans prepared by the successful proposer pertaining to the project. J. Truth-In-Negotiation Covenants Florida Statute 287.055 requires for any lump -sum or cost plus a fixed fee professional service contract over the threshold amount provided in Florida Statute 287.017 for category four $150,000.00), that the agency (City) slralI require the firm receiving the award to execute a Truth -In- Negotiation certificate stating the wage rates and other factual Unit costs supporting the compensations are accurate, complete, and current at the time of contracting. Any professional service contract, under which such a certificate is required, shall contain a provision that the original contract price and any additional costs thereto shall be adjusted to exclude any significant service by which the agency determines the contract price was increased due to inaccurate, incomplete or non - current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract. K. Ownership of Documents It is understood and agreed that all documents, including detail reports, plans, original tracings, specifications and all data prepared or obtained by the successful proposer in connection with its services hereunder, including all documents bearing the professional seal of the successful proposer, thereunder shall be delivered to and become the property of the City, prior to final payment to the successful proposer at the termination of the agreement. L. Work Progress and Delays The City Manager shall be entitled at all times to be advised in writing, at his request, as to the status of work being done by the successful proposer and the details thereof. In the event the successful proposer cannot satisfy the deadline specified in the project schedule, then it shall notify the City Manager in writing at least seven (7) days prior to such deadline of the reason for the delay. In the event the cause of the delay is due to delay by City or regulatory agencies as to the approval of any plans or permits submitted by the successful proposer, when such delay will result in an overall delay of the project completion date, the City Manager shall grant to the successful proposer, in writing, an extension of the agreement time equal to the as aforementioned delays. The City Manager shall be solely responsible for determining whether any extension of time should be awarded to the succcssful proposer. M. Professional Standards 1. The successful proposer shall covenant and agree that it and its employees have complied with the Florida Statutes pertaining to the licensing of employees. 2. In the event the successful proposer shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which he may terminate pursuant to Section Vlll, A, I herein. 12 -02 i.KD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 3. Section 287.055(6)(a), Florida Statutes, requires the following provisions to be made a part of the Agreement The successful proposer warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the successful proposer, to solicit or secure the agreement, and that it will not pay or agree to pay any person, company, corporation, individual or firm other than a bonafide employee working solely for the successful proposer any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of the agreement. For breach or violation of this condition, the City Manager shall have the right to terminate the agreement without liability and at his discretion to deduct from the agreement price of otherwise recover the full amount of such fee, commission, percentage, gift or consideration. N. Termination of Contract - With or Without Cause The City of Sarasota reserves the right to terminate any contract, at any tune, with or without cause. O. Termination by Default The successful proposer acknowledges that the conditions, covenants and requirements on its part to be kept, as set forth in the contract, are material inducements to City entering into an agreement. Should the successful proposer fail to perform any of the conditions, covenants and requirements of its part to be kept, the City Manager shall give written notice thereof to the successful proposer specifying those acts to things which must occur in order to cure said default. Provided, however, if the successful proposer makes a good faith effort by taking steps to substantially cure the default, the City Manager may grant the successful proposer additional time to cure such default as he deems warranted in his sole discretion. Should the default remain, upon expiration of the time granted to cure the same, the City Manager may terminate the agreement, by written notice of termination, said notice specifying the time and date of termination. P. Termination without Default The City Manager shall have the right, at any time, upon fifteen- (1 S) days written notice to the successful proposer, to terminate the services of the successful proposer. Q. Payment and Ownership of Documents upon Termination In the event of termination of the agreement, the successful proposer shall cease work and shall deliver to the City all documents (including reports, surveys, plans, tracings, specifications and all other date and material prepared or obtained by the successful proposer in connection with the project), including all documents bearing the professional seal of the successful proposer. City shall upon delivery of the aforesaid documents, pay the successful proposer and the successful proposer shall accept as full payment for its services thereunder, a sum of money equal to the percentage of the work done by the successful proposer and accepted as satisfactory by the City. R. Assignment The successful proposer shall not assign, sell or transfer any interest in the agreement. S. Compliance with Applicable Law The laws of the State of Florida shall govern the agreement. The successful proposer covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules related to the services to be performed thereunder. The successful proposer covenants that it will conduct no activity or provide any service that is unlawful or offensive. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 0610712012 10 T. Disclaimer of Joint Venture The successful proposer and City shall warranty and represent that by the execution of an agreement it is not the intent of the parties that the agreement be construed or deemed to represent a joint venture or an undertaking between City and the successful proposer. The successful proposer shall be solely responsible for the conduct of all activities and services provided by the successful proposer as part of its business operations. While engaged in carrying out and complying with terms of the agreement, the successful proposer is an independent contractor and not an officer or employee of the City. The successful proposer shall not at any time or in any manner represent that it or any of its agents or employees is employees of the City. U. Right of Inspection The City Manager, by and through his designee, shall have the right at all reasonable time during the tern of the agreement to inspect or otherwise evaluate the work being performed thereunder and the premises in which it is being perfonned. V. Remedies - Cumulative All remedies therein before and therein conferred on the City shall be deemed cumulative and no one exclusive of the other, or any other remedy conferred by law. W. Waiver Failure of the City to take any action with respect to any breach of any tern, covenant or condition contained in the agreement, or any instance of default thereunder by the successful proposer, should not be deemed to be a waiver of any default or breach by the City. X. Attorney's Fees Should it become necessary for the City to bring any action against the successful proposer to enforce any of the covenants, provisions or conditions of the agreement, the successful proposer will pay all costs attendant thereto, including reasonable attorney's fees to the attorney representing the City, and said obligation shall apply to declamatory relief, if necessary, to interpret any of the items thereof. Y. Public Enti!y Crimes A person or affiliate who has been placed on the "Convicted vendor list" following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a Public Entity, may not submit a bid or a contract with a Public Entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any Public Entity, and may not transact business with any Public Entity in excess of the threshold amount provided in Florida Statute Chapter 287.017 for category two- (2) for a period of thirty -six (36) months from the date of being place on the "convicted vendor list ". Z. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, finny not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 0610712092 11 AA. Minority Business Utilization Policy The City Commission has established a Minority Business Enterprise Utilization Plan (M.B.E.), Resolution No. O1R -1377, (Adopted August 6, 2001), whereby the City will assist in the development of opportunities for KKK's through the use of commodities, goods and services obtainable from M.B.E.'s, in conjunction with the award of this contract. Each proposer shall undertake to achieve a goal to place a percent of the value of the proposal with one or more M.B.E.'s, including the suppliers of materials, goods, as well as services in accordance with the percentage designated in Florida Statute 287.09451 (4)(n). The values are: 25% of the moneys actually expended for architectural and engineering contracts, 24 % of the moneys actually expended for commodities 50.5% of the moneys actually expended for contractual services 21% for construction contracts 2. Proposers shall document and include with their proposals the full name and address of the M.B.E.'s along with a description of the services, supplies, materials or goods and the allocation of cost, if applicable, or the percent of value of each as it relates to each M.B.E. proposed for participation. Changes from those M.B.E.'s submitted with the proposal will be subject to the approval of the City. All M.B.E.'s shall be certified as a Minority Business Enterprise by the ,State of Florida, Department of Management Services, Office of Supplier Diversity pursuant to Section 287.0943, Florida Statutes, or by statelvide and interlocal agreement certification, as provided for by Section 287.0943(1) Florida Statutes. 3. A State of Florida M.B.E. Certificate or interlocal agreement M,B.E. Certificate from an agency having an interlocal agreement with the State of Florida must accompany the bid/RFP submission. 4. As used in this section Small Business, Minority Business Enterprise, Minority Person and Certified Minority Business Enterprise shall have the same meaning as those words are defined in Section 288.703, Florida Statutes as amended. If a proposer does not place a percent of the value of the proposal as set forth in Section 287.09451 (4)(n), Florida Statutes, with a M.B.E., the proposer shall justify, in writing as part of the response to the Request for Proposal, the reason why the proposer was unable to meet the M.B.E. participation goal. Adequate justification shall include the proposer being unable to find a M.B.E. possessing the required experience or licensing in order to provide the necessary services or the proposer's inability to find any M.B.E. within a specific trade or business, or that 100% of the proposed services will be provided by the proposer. 6. Any proposer who fails to comply with the requirements of this plan shall have the response declared nonresponsive. 7. Should any proposer who is awarded a contract falsely represent to the City that it has complied with the requirements of the plan, and if it is determined by the City Manager that said proposer has not complied with this plan, as represented, the City Manager may terminate the subject contract under the provisions of the contract relating to a breach of contract by the proposer. Alternatively, the City Manager may elect to fulfill the terms of the contract but refirse to accept future proposals from the proposer on the basis that the proposer is not a responsible proposer for City of Sarasota RFP purposes. 12 -02 LKO Outsourcing Utility Billing R Mailing Services Opens: 08/07/2012 12 8. The Internet address below is for the State of Florida Office of Supplier Diversity. This State office can provide you with an online directory of all state certified minority business enterprises. Vendors appearing on this website will be accepted by the City as certified minority business enterprises. The required certificate as per the specifications should accompany your submission. A phone number for the Office of Supplier Diversity has also been included for your use. Internet Address: litti2: f /www.dms.unyflorida.coiii/otlici- t) ro2rams /office_of_supplier_diversiky osd Phone: (850) 487 -0915 XIII. Evaluation Criteria Evaluation criteria will include team and individual personnel experience and qualifications, availability to meet time schedules; office location; previous experience of a similar nature; understanding of the work; evaluation from previous clients; commitment to perform within time constraints, evaluation of past and current work; and whether the firm is a Florida State Certified Minority Business enterprise. The selection of a Consultant is made after careful evaluation of the proposals received and will be based on, but not limited to, the following: Points 1 Objectives of the project. 35 Ability to meet required needs such as: Bill custom design & layout, ability to detail various charges, label specific items, import & program electronic customer file information to create a bill, e -mail bills, and direct customers to pay site, meet required deadlines and budget requirements (based on recent, current and projected workload) 2 Experience in similar projects. 25 Relevant experience in providing similar service. (Provide individual contact names, addresses and phone numbers that may be used as references.) 3 Price Proposal: 25 The score for the Bid Proposal shall be calculated on the basis of the Price Proposal indicated by the Proposer. The Proposer with the lowest Price Proposal will be awarded the maximum score of 25 points. All other proposals will be scored according to the following formula: (Lowest Price Proposal/ Proposer's Price Proposal) x 25 = Score For example, if the lowest proposed Price Proposal is $150,000.00 that Proposer will receive the full 25 points. Another Proposer with a Price Proposal of $160,000.00 will receive points calculated as follows: $ 150,000.001 $160,000.00 = .9375 .9375 x 25 = 23.4375 23.44 Points Awarded The above calculation is an example and is included for clarification purposes only. 4 Office location where work is to be performed, One Year Established and Full -Time 10 Employees. See Local Preference Guidelines. C n —10 palms. Cotrtth, = 5 points. Nan -local = -0- oints 5 State Certified Minority Business Enterprise per Florida Statutes. Whether a firm is 5 a State Certified Minority Business Enterprise certified in accordance with Section 287.0943 and/or 287.0943(l), Florida Statutes and/or whether a percent of the cost or value of the proposal is placed with a State Certified Minority Subcontractor/ Subconsultatrt certified in accordance with Section 287.0943 and/or 287.0943(1) Florida Statutes. Maximum Points 100 The City of Sarasota, Florida reserves the right to reject any or all proposals, waive informalities, request additional information and to negotiate a contract with the most qualifterl firiti forprofessional services at compensation which the agency determines isfair, competitive and reasonable. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 13 City of Sarasota EVALUATION OF PROFESSIONAL SERVICES For RFP## 12 -02 LIED Outsourcing Utility Bill Printing & Mailing Proposer #1 Proposer 42 Proposer #3 Proposer #4 Proposer #5 EVALUATION FACTORS PROPOSER # 1 #2 # 3 # 4 # 5 1. Objectives of the project. 35 2. Experience in similar projects. 25 3. Price Proposal. 25 4. Office location. *See Local Preferencegxidelines. City =10 points, County = S points, Non -local = -0- points 10 5. State Certified Minority Business Enterprise per Florida Statutes. 5 Total Points Scored 100 Rankin Summary by: Date: Note: This form is to be completed by each member of the selection committee. 12 -02 LKI] Outsourcing Utility Billing & Mailing Services Opens: 0610712012 i4 City of Sarasota SUMMARY FORM OF EVALUATIONS For RI±P# 12 -02 LKD Outsourcing Utility bill Printing; & Mailing Name of Community City of Sarasota Name of Person completing Form 3 Section 1. Proposer #1 Proposer #2 Proposer #3 Proposer #4 Proposer #5 Section 2. Firms First Place Ranking by Committee Member 1 2 3 4 5 Committee Member 91 Committee Member #2 Committee Member #3 Committee Member 44 Committee Member #5 Ranking If the is a tie (two or »tore firers have the satne number of Pplaee rankings), then the firers that has the highest number of I'( place and 2" d place rankings shall be the first ranked firsn. This method shall be used for all ties. Section 3. Ranking of Firms: 1st 2nd 3rd Signature: Signature: Date: Date: 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 16 CITY OF SARASOTA TERMS AND CONDITIONS REQUEST FOR PROPOSALS 1. For information or questions concerning this Request For Proposal ( "RFP "), contact the Purchasing Department, 1565 First Street, Room 205, Sarasota, Florida 34236; phone (941) 954 -4151, fax (941) 954 -4157, or the contact person named in the specifications. 2. The City assumes no responsibility for proposals received after the advertised deadline or at any office or Iocation other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason. 3. RFP responses will be considered irregular and may, at the sole discretion of the City, be rejected if they show omissions, alterations of form, additions not called for, such as conditions or limitations, etc., unauthorized alternate responses, or other irregularities of any kind. 4. The City reserves the right to waive and/or accept minor irregularities when, in the sole opinion of the City, such waiver or acceptance is deemed to be in the best interest of the City. 5. The City reserves the right to reject any or all proposals, in whole or in part, for any reason whatsoever. 6. Addenda Changes While Bidding Except at the pre -bid conference, every request for interpretation of the meaning of the plans, specifications or any contract documents, or for correction of any apparent ambiguity, inconsistency or error therein, shall be in writing, addressed to the Purchasing Manager. The request shall be received at least eight (8) calendar days prior to the opening of the proposals in order to be given consideration. No such interpretation or correction will be orally made to any proposer. Only the interpretation or correction so given by the City Purchasing Manager, in writing, shall be binding, and prospective proposers are warned that no other source is authorized to give information concerning, or to explain or interpret, the contract documents. All such interpretations and supplemental instructions will be in the form of written addenda to the contract documents which, if issued, will be mailed or "faxed" to all persons who acquired the contract documents (at their respective addresses furnished for such purposes) not later than five (5) calendar days prior to the date fixed for the opening of the Requests For Proposal. hi case any proposer fails to acknowledge receipt of any such addendum in the space provided in the RFP forms, his proposal will nevertheless be construed as though the addendum has been received and acknowledged, and the submission of the proposal will constitute acknowledgement of the receipt of the same. 7. All documentation, including insurance certificates, bonds, and/or checks required by the specifications to be submitted with the proposal must reference the RFP number. 8. The City reserves the right, in the sole opinion of the City, to require oral presentations from all respondents or from a shortened list, at the discretion of the Evaluation Committee, derived from the evaluation and selection process herein described during any stage of the evaluation and/or selection process. 9. All proposals shall be signed by an authorized individual of the respondent's organization to commit the respondent's organization to the performance of the services described by this RFP. 10. All proposals shall remain in effect for one hundred twenty (120) days after the closing date of the RFP, unless otherwise stipulated in the specification. 11. Failure to attend a mandatory pre -RFP Conference, if officially noted on the Request For Proposal Invitation, will result in your proposal being considered non - responsive. 12. Proposers, their agents, and associates shall not contact or solicit any City Commissioner, City official, or City employee regarding this RFP during any phase of this RFP. Only that individual listed as the contact person in the specification or the Purchasing Department shall be contacted. Failure to comply with this provision may result in disqualification of the Proposer, at the option of the City. 13. The following reasons include, but are not limited to, rejecting proposals or disqualifying Proposers: a Proposer submits more than one proposal for the same work by an individual, firm, partnership, or corporation under the same 12 -02 LKO Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 16 or different names; evidence of collusion among those snaking proposals; previous participation by the Proposer in collusive proposals on work for the City of Sarasota; the Proposer submits an unbalanced proposal in which the prices for some items are out of proportion with the prices for other Request For Proposal items; there is uncompleted work for which the Proposer is committed by contract which, in the judgment of the City, might hinder or prevent the prompt completion of the work under this contract if awarded to such Proposer; any material change in qualification or a material misrepresentation. 14. Tito successful Proposer shall enter into a two party contract that shall be acceptable to the City of Sarasota in form and content. 15. If the contract awarded as a result of this RFP is terminated, the City reserves the right to go to the next responsive and responsible response with the balance of the contract. 16. Proposer acknowledges that all information contained within its proposal is part of the public domain, as defined by the State of Florida Sunshine and Public Record Law. No information should be labeled confidential unless exempted under said law. 17. In the instance of any expense reimbursement requests from the successful Proposer, Section 112.061 of the Florida State Statutes, the uniform statutory method stating the exclusive method for reimbursing the travel and per diern expenses, shall be followed whether or not the resulting contract provides for a different method. 18. The City reserves the right, at the City's sole option, to issue direct purchase orders for applicable supplies and equipment to be utilized in this project. 19. The City reserves the right to utilize its employees for any phase of the project if it is determined to be in the best interest of the City. 20. There shall be no discrimination as to race, sex, color, creed, disabilities, or national origin in the operations conducted under this RFP. 21. The City of Sarasota Administrative Regulation Nos. 024.AO03.0194 and 024.A007A195, City Ordinance 92 -3580, and all applicable laws of the State of Florida shall apply to this RFP and resulting contract. 22. It is the intent of this Request For Proposal to include requirements and to obtain proposals on behalf of the City of Sarasota and reserve the right for the following entities belonging to the Sarasota County Cooperative Purchasing Group, which consists of the Town of Longboat Key, City of North Port, City of Venice, Sarasota County, Sarasota County School Board, Sarasota - Bradenton Airport Authority, Manatee County, City of Bradenton and the City of Sarasota to obtain purchases from this RFP. This opportunity is also made available to any and all local, County, and State of Florida governments. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. 23. The City of Sarasota reserves the right to refuse to award to any proposer based upon prior contractual relationships between that proposer, or a substantially related person or entity, and the City. This shall include, but is not limited to, situations in which the proposer or, a substantially related person or entity, has had its contractual relationship with the City terminated within three (3) years of the date of the issuance of this Request For Proposal. This shall include, but is not limited to, situations in which the City has provided the proposer or, a substantially related person or entity, a notice of default within five (5) years of the date of the issuance of this Request For Proposal. 24. Environmentally Preferable Products The City of Sarasota is committed to the procurement of products and services that minimize negative environmental and social impacts and emphasize long -term values. Preference shall be given to products and services that have a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. 12 -02 LKD Outsourcing Utility Billing & retailing Services Opens: 06107/2012 17 25. Right To Audit The contractor shall maintain such financial records and other records as may be prescribed by the City of Sarasota or by applicable federal and state laws, rules, and regulations. The contractor shall retain these records for a period of five years after final payment, or until they are audited by the City of Sarasota, whichever event occurs first. These records shall be made available during the terin of the contract and the subsequent five -year period for examination, transcription, and audit by the City of Sarasota, its designees or other authorized bodies. 26. SALVAGE OF CONSTRUCTION MATERIALS Objective: The City of Sarasota strives towards its goal of becoming a sustainable community. Salvage and reuse of construction materials is sustainable activity worthy of becoming a standard operating practice by the City, its crews, and private contractors working in the City. To that end, the following specification and clauses shall be included and enforced to the extent possible during construction activities in the City. Specification: Salvage of Brick and Other Construction Materials The City of Sarasota is a sustainable community. Best practices in sustainable projects call for salvage and reuse of construction materials, and the City has adopted this practice as a core value in construction projects. Any contractor performing work on behalf of the City of Sarasota shall follow this practice to the extent practical. The City of Sarasota additionally has identified brick found on, under, or around City roadways to be a critical resource. In a case when any brick is found by the contractor, the contractor shall notify the project manager immediately. The project manager will identify if the brick is of suitable quality for reuse. If so, brick shall he salvaged, and taken to the City of Sarasota Public Services Complex. Typically the contractor will be responsible to neatly stack any found brick on a pallet for pickup by a City crew, who will be made available to transport the brick. If substantive quantities of brick are found by the contractor, the City shall establish a force - account or other payment mechanism to reimburse the contractor for these costs. Materials other than brick known to be present prior to the onset of a project, unless specifically noted or specified otherwise, may be considered by the contractor as salvageable as pail of their bid. For instance, the contractor may consider millings removed from the roadway, or concrete sidewalk removed from the site, to be in control of the contractor. Therefore any of this material may be taken to suitable location for reuse (i.e. millings to asphalt plant, concrete to a pulverization/ crushing site). The contractor may reuse this material as they see fit, but the fact the material has been placed in the control of the contractor does not remove the requirement for beneficial reuse of these materials; the City is simply leaving the disposition of how to reutilize these materials to the contractor's discretion. Any proceeds from the salvage of this material may be received by the contractor. Clause: RIO /W Use Permit The contractor/ owner is hereby notified that any brick found in City of Sarasota Right -Of -Way is considered to be property of the City of Sarasota. The contractor/ owner shall immediately notify the City's Public Services Department, at 911- 365 -2200, if brick is found within the City's property while carrying out any work. The brick shall be stacked neatly on a City- provided pallet, and placed in a suitable location for pickup by a City crew. The contractor] owner is also encouraged to recycle any other construction materials to the extent practical, such as taking removed concrete sidewalk to a pulverization plant. 12 -02 LK© Outsourcing Utility Billing & Mailing Services Opens: 06/0712012 18 27. E- VERIFY Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. End of section 12 -02 LICE) Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 19 Part I Forms — Required Forms These forms are required and should be submitted with all solicitations. If it is determined that forms in this section are not applicable to your company then you should return the form with your proposal and mark NIA across the form in large letters. There is no need to return the Terms and Conditions with your bid package. Form# 1— Bid Form (2 pages) This is a mandatory form that must be returned with your proposal package. All information must match the company information as it is listed on the Florida Department of State Division of Corporations — Irttp: / /Nvww.srinbiz.org. All signatures must be by an authorized company representative. Form# 2 -- Form 3A Interest in Competitive Bid for Public Business (1 page) Sections 112313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Part 11I, Chapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1983), provides certain limited exemptions to the above - referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee. Form# 3 — Non - Collusive Form (1 page) Each proposer shall execute an affidavit, in the form provided by the City, to the effect that he /she has not colluded with any other person, firm or corporation in regard to any bid submitted. Such affidavit sliall be attached to the bid form Form # 4 — Public Entity Crimes (2 pages) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Form# 5 — Drug Free Workplace Certification (1 page) NOT APPLICABLE FOR RFP — For information only, Self explanatory. Required Form. The form may be use as part of a tiebreaker for identical proposals. If your company does not have a Drug Free Workplace Program, you must mark this form N/A and return it with you bid package. If your company has a Program, sign and return the form. Form# 6 Vendor Location Certification (I page) FOR RFP's — complete information and attach map as specified on form Self explanatory. Required Form. This form is required for the application of preferences as stated in Section 37 of the Terms and Conditions. If your company does not qualify under Section 37, mark the form N/A and return it with your bid package. Form# 7 --- AUnority Business Enterprise Utilization Plan (1 page) Self explanatory. Required Form. Form# 8 — ContractorNendor References (1 page) This form is used in conjunction with Form##9. It must be completed in its entirety. Form# 9 — Reference Survey (1 page) Provide this form to a minimum of three of the four references listed on Form# 8. The references with need to return this forms to the buyer listed on the form. This form will not be turned in with the bid package. The form must be completed by your references once a Notice of Bid Action to your company is posted to DemandStar. A contract cannot be completed until three of the surveys are returned. Form# 10 --- Bid Label (1 page) Self explanatory. Required form. 12 -02 LKO Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 20 City of Sarasota RFP Form Form# 1 —Bid Form Page I of 4 Company Name: Date Submitted Bid Opening Date: June 7, 2012 PROJECT IDENTIFICATION: BID # 12 -02 LKD BIDNAME: Outsourcing Utility Bill Printing & Mailing COMPANY NAME: NAME & TITLE: (TYPED OR PRINTED) BUSINESs ADDRESS: (PHYSICAL) CORPORATE OR MAILING ADDRESS: ❑ SAME AS PHYSICAL E -MAIL ADDRESS: PHONE NUMBER: FAx NUMBER: In submitting this Bid, Bidder malces all representations required by the Instructions to Bidders and further warrants and represents that: Bidder has examined copies of all the ITB Documents and of the following addenda: (Receipt of all which is hereby acknowledged) and also copies of the Advertisement for RFPs and the Instructions to PROPOSERS.) No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: No. Dated: Ci L,o Sarasota Sarasota Florida The undersigned, as Bidder, hereby declares that no person or other persons other than the undersigned are interested in this Invitation To Bid as Principal, and that this Bid is made without collusion with others; and that we have carefirlly read and examined the specifications, and with full knowledge of all conditions under which the services herein is contemplated must be furnished, hereby propose and agree to fin-nish this service according to the requirements set out in the specifications for said service for the prices as listed on the previous pages. Tax Payer Identification Number (1) Employer Identification Number -or- (2) Social Security Number: The City of Sarasota collects your social security number for tax reporting puf poses ALL BIDS MUST BE SIGNED SEALED AND EXECUTED BYA CORPORA TEA UTHORITY. Where Bidder is a Corporation, add: Authorized Bidder: Company Name: (Name printed or typed) (Seal) Bidder: (Name printed or typed) Authorized Signature of Bidder Title Attest: Secretary Please submit a copy of your registration certificate establishing your firm as authorized to conduct business in the State of Florida, as provided by the Florida Department of State, Division of Corporations. PIease refer to 'svebsite: )t %,Iy.synhi7,orjZ Form #1 —Bid Form Page 2 of 4 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06107/2032 21 PLEASE NOTE: If the Proposer is NOT submitting a proposal at this time, it is requested that you please provide a brief and legible explanation, below, as to why you are not proposing at this time. Please return this pane as well as the prior pagae (RFP Form), due no later than the deadline for the RFP opening, to: Purchasing Manager, City of Sarasota,1565 First Street, Room 205, Sarasota, FL 34236. 12.02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 22 City of Sarasota RFP Forin Form! 1-- Bid Form Company Name: 17PUH11T._(17 1 VIA n ifenITI-Ana ilfilito Rill Printlna .i A'lailino Page 3 of 4 Bid Opening Date: June 7, 2012 The successful Proposer shall be responsible for providing the City of Sarasota Utility Bill Printing & Mailing for an initial three (3) year period as per specifications. Upon approval of both the City and the vendor, there will he an option to extend an annual contract for two (2) each additional one (1) year period. teen # Description Yes/No Ablity to provide Service 1 Ability to import electronic billing file from SunGard software systems or similar software billing system. 2 Able to custom design bill statement to detail various charges, label individual charges, extract prior usage history and report & graph prior usage history by meter type, and service type. Ability to duplicate sample statement format attached. 3 Able to print multiple bills and bill pages, mail bills to customer and third party individuals. 4 Able to email bill copy to customers with cover letter, and direct links to pay site, utility links, and correspondent email link. 5 Able to mail out bills with no return envelope for bank debit auto pay customers. 6 Able to combine multiple bills to same address in single mailing envelope. 7 Able to create custom published bill inserts for monthly insert mailing. S Able to create QR smart phone scan codes on the utility bill to direct customers to web page sites. 9 Able to custom bill charges separate from utility bill, separate bills for solid waste charges. 10 Ability to mail bulk mail by bar coding, sorted by zip, an mail delivery, for lowest postage rates. 11 Ability to run bill address through Postal address checking software for forwarding to eliminate bad addresses and return mail. 12 Ability to print free form message text on utility bill (up to 180 characters of text). 13 Ability to reprint customers original bill mailed, and email bill copy to customer. 14 Ability to report daily on bills mailed; local, international, emailed and postage charged accordingly. Also mont rting on mailings and postage char es. 15 Ability to archive monthly billing data for future use, average billing, and disaster recovery. 16 Able to place a dollar hold parameter on bill customer types to flag specified bills over a predetermined dollar total limit. 17 Ability to provide security for all information. 18 Provide customer billing cycles, based on readings, of approximately 30 day cycles between statements 19 Minimum 5 years experience billing customers along with 3 references who have similar quantity monthly billing accounts. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 0610712012 23 Form# t — Bid Form Comnanv Name Page 4 of 4 Item t2F1' #12 - ©2 LKD Outsourcing Utility Bill Printing Mailing [!nits Unit Price '1'ofat ie�tonfl�ly Price Extended 1 Insert Fee based on 17 cycles and 20,000 pieces per month 20,000 2 Total processing (based on 17 cycles and 20,000 pieces per month 20,000 3 Postage to be biped at cost in accordance with most cost effective method At cost Grand Total (including insert fee) Grand Total Amount written The above quantities are for bidding purposes only and are not meant as any form of guarantee. Authorized Bidder: Bidder: (Name printed or typed) Authorized Signature of Bidder Title 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06107/2092 24 Forth# 2 — Interest in Competitive Bid FORM 3A INTEREST IN COWETITIYE BID FOR PUBLIC B USINESS LAST NAME, FIRST NAME, MIDDLE NAME OFFICE POSITION HELD MAILING ADDRESS AGENCY CITY ZIP COUNTY ADDRESS OF AGENCY WHO MUST FILE THIS STATEMENT Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, their spouses, and their children. See Fart III, Chapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1983), provides certain limited exemptions to the above - referenced prohibitions, including one where the business is awarded under a system of sealed, competitive bidding; the public official has exerted no influence on bid negotiations or specifications; and where disclosure is made, prior to or at the time of the submission of the bid, of the official's or his spouse's or child's interest and the nature of the intended business. The Commission on Ethics has promulgated this form for such disclosure, if and when applicable to a public officer or employee. INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS (Required by I12.313(I2)(b), Florida Statute (1983)) 1. The competitive bid to which this statement applies has beenh +ill be (strike one) submitted to the foltaving govemment agency. 2. The person submitting the bid is: Name Position 3. The business entity with which the person submitting the bid is associated is: 4. My relationship to the person or husiness entity submitting the bid is as follows: 5. The nature of the business intended to the trattsacted in the event that this bid is awarded is as follows: a The realty, goods and/or services to be supplied specifically include: b. The really, goods and/or services will be supplied for the following period of time: c. Will tba contract be subject to renewal without further competitive bidding? _Yes No if so, law often? & Additional comments: 7. Signature Date Signed Date Filed FILING INSTRUCTIONS If you are a state officer or employee required disclosing the information above, please filing this form with the Secretary of State at the Capitol, Tallahassee, Florida 32301. If you are an officer or employee of a political subdivision of this state and are subject to this disclosure, please file the statement with the Supervisor of Elections of the county in which the agency in which you are serving has its principal office. NOTICE: UNDER THE PROVISIONS OF FLORIDA STATUTES #112.317 (1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.00. Form# 3 — Non - collusive Affidavit 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06107/2012 25 State of County of NON - COLLUSIVE AFFIDAVIT (Prime ContractorNendor) being first duly sworn, deposes and says that they are the party malting the fore -going solicitation (Partner or officer of the firm, etc.) is genuine and not collusive or sham; that said contractor /vendor has not colluded, conspired, connived or agreed, directly or indirectly, with any contractor/vendor or person, to put in a sham solicitation or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collision, or communication or conference, with any person, to fix the solicitation price of affiant or of any other contractor /vendor, or to fix overhead, profit or cost element of said solicitation price, or of that of any other contractor /vendor, or to secure any advantage against the City of Sarasota of any person interested in the proposed contract; and that all statements in said solicitation are true. (Contractor /Vendor, if the Contractor /vendor is C117 individual; Partner, if the Contractor /vendor is a partnership; Officer, if lire Contractor /vendor is a corporation) (Company Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before the this day of (name of corporation), a (name and title of corporate off cer) of by (state or place of incorporation) corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification. liva for notary public) (Name ofnatary 4peg printed arstampea) (type of identification) (7-11ie ar rank) My commission expires: (Serial number, i arty 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 0 610712 01 2 KI Forin# a — Public Entity Crim es Page 1 of 2 SWORN STATEMENT UNDER SECTION 287.133(3)(x), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a notary public or other officer authorized to administer oaths. This sworn statement is submitted to (Print name of die public entity) by (Print individual's name and title) for (Print name of entity submitting scorn statement) whose business address is (If applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: On the attached sheet.) Required as per IRS Form W -9. 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, and bid or contract for goods or services to be provided to any public entity or agency or political subdivision or any other state or of the Unites States, and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understate that "convicted" or "conviction" as defined in Paragraph 2$7.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or: 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those offices, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. 1 understand that a "person" as defined in Paragraph 287.133(1) (c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 12 -02 LKO outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 27 Form# 4 — Public Entity Crimes Page 2 of 2. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting those sworn statement. (Please indicate rs>hich stalentent applies.) Neither the entity submitted this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, member, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signarure) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this of , 2 (NOTARY PUBLIC) My Commission Expires: 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/0712012 28 day Form# 5 --Dnig -Free Workplace DRUG-FREE WORKPLACE CERTIFICATION For Informational purposes only (not applicable to UP Solicitations) Preference shall be given to businesses with drug -free workplace programs. Pursuant to Section 287.087, Florida Statutes, whenever two or more competitive solicitations that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie responses will be followed if none of the tied providers has a drug free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the -workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are tinder proposal a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees that, as a condition of -working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 894, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the - workplace no later than five (5) days after such conviction. 5. Impose a sanction on any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community. Make a good faith effort to continue to maintain a drug -free workplace through implementation of applicable laws, rules and regulations. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. CONTRACTOR VENDOR NAME AUTHORIZED SIGNATURE 12 -02 LKOOutsourcing Utility Billing & Mailing Services Opens: 06107/2012 29 Form# 6 — Local Vendor Certification VENDOR LOCATION CERTIFICATION City - The Term "City" shall mean a person, firm, corporation, or other business entity which is duly licensed and authorized to engage in the particular business at issue, and which has maintained a permanent place of business with full -time employees within the City limits of the City of Sarasota, for a minimum of one (1) year prior to the date bids were received for the purchase or contract at issue. County - The Term "County" shall mean a person, firm, corporation, or other business entity which is duly licensed and authorized to engage in the particular business at issue, and which has maintained a permanent place of business with full -time employees within Sarasota County, for a minimum of one (1) year prior to the date bids were received for the purchase or contract at issue. Check the appropriate box: City Vendor ❑ County ❑ FOR RFP. Aflach snap using the ivebsite htl ://rvlv►v. 3svisit(tll er'.coiizlcaletilators using the "Calculate the distance between two addresses" for radius distance. Business Name: *Physical Address: Previous Address: (if less than 1 year) Length of time at address: Number of full -time employees: *Occupational License (attach) Telephone Number Signature of Authorized Representative STATE OF COUNTY OF Date The foregoing instrument was acknowledged before me this day of , 20 by (name and title of corporate officer) of (nanie of corporation), a (state or place of incorporation) corporation, on behalf of the corporation. He /she is personally known to me or has produced (type of identification) as identification. Seal: (Signature line for notai:y public) Post offtee boxes are not verifiable and shall not be user/ for the purpose of establishing said physical address. • In order to be eligible for location preference, the vendor mustprovide a copy ofthe occupational licenselBusiness Tax Receipt. Please return this tea ,-e, due no later than the deadline for the RFP opening, to: Purchasing Manager, City of Sarasota, 15651st Street, Room 205, Sarasota, FL 34236. 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06107/2012 30 Form #7 — Minority Business Enterprise UGH7,ation Plan MINORITY BUSINESS ENTERPRISE UTILIZATION PLAN NOTE: THIS FORM MUST BE SUBMITTED WITH THE BID FORM OR RFP SUBMISSION Provide a copy of the State of Florida certification for each subcontractor listed certified in accordance with Section 287.4943 or 287.0943(1), Florida Statutes. Minority Subcontractor Description of Allocation of Cost/ Full name and address Wbr k/Servrces /Goods Percent of Value For this submission please provide: (Please Print or type all information.) TOTAL Allocation of Contract Cost OR TOTAL PERCENT of Contract Value Signature Company Name 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/0712012 31 Form# 8 — Contractor Vendor Reference List ConfractorNendor References Name of Company Submitting bid: References Contact Person & Title: Email Address Phone No. Company Name: Fax No. Mailing Address: City: State: Zip: Tvne of commercial work contracted: Contact Person & Title: Email Address Phone No. Company Name: Fax No. Mailing Address: City: State: Zip: Tvne of commercial work contracted: Contact Person & Title: Email Address Phone No. Company Name: Fax No. Mailing Address: City: State: Zip: Tvue of commercial work contracted: Contact Person & Title: 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06107M112 32 Form# 9 — Reference Survey r.�TV air CITY OF SARASOTA FINANCIAL ADMINISTRATION PURCHASING DIVISION FROM: TO: Lori DeLoach, Procurement Specialist III COMPANY: DATE: I SOLICITATION #:12.02 LKD PHONE #: TOTAL # PAGES: 1 FAX #: PHONE #: 941 - 954.4151 DIRECT #: 941 365 2200 x4524 I FAX #: 941- 954 -4157 EMAIL: EMAIL: Lori _DeLoach SarasotaGov.com SUBJECT: Request for reference (proposer name) Type of work completed (by proposer for the above reference) Additional Details: You as an individual or your company has been given to us as a paint of contact for a reference on a project completed for you (described above). The proposer above has submitted a proposal in response to the City of Sarasota's RFP # 12 - 02 LKD Outsourcing Utility Bill Printing and Mailing. INDICATE "YES" OR "NO" 1. Was the scope of work performed similar in nature? 2. Did this company have the proper resources and personnel by which to get the job done? 3. Were any problems encountered with the company's work performance? 4. Were any change orders or contract amendments issued, other than owner initiated? 5. Was the job completed on time? 6. Was the job completed within budget? 7. On a scale of one to ten, ten being best, how would you rate the overall work performance, considering professionalism; final product; personnel; resources. Rate from 1 to 10. 10 being highest) 8. If the opportunity were to present itself, would you rehire this company? 9. Please provide any additional comments pertinent to this company and the work performed for you. (attach additional sheet, if needed) PLEASE COMPLETE AND RETURN TO THE ATTENTION OF: Lori DeLoach EMAIL: Lori _DeLoach sarasotagov.com or FAX # 941 - 954 -4157 Reference Print flame Reference Signature: 12 -02 LKD Outsourcing Utility Billing & Mailing Services Opens: 06/07/2012 33 Farm# 10 --Bid Label Cut along the outer border and affix this label to your sealed bid envelope to identify it as a "Sealed Bid ". SEALED BID DO NOT OPEN SEALED BID NO.: 12 -02 LKD } Outsourcing Utility Bill `} BID TITLE: Printing & Mailing DUE DATE/TIME: 3 Before 2.30pm on 06/07/2012 SUBMITTED BY: juam or Company) Email address DELIVER TO: City of Sarasota Attn: Purchasing Department 1565 1st Street, Room 205 Sarasota FL 34236 12 -02 LKD Outsourcing Utility Billing & Mailing Sendces Opens: 0810712012 34 Technical Specifications Scope of Requirements for Outsourcing Utility Bill Printing Postage and Mailing The City of Sarasota's current monthly billing cycle is composed of 17 mailings per month with a total 20,400 pieces per month. Vendor Requirements: 1. Ability to import electronic billing file from SunGard software systems or similar software billing system. 2. Able to custom design bill statement to detail various charges, label individual charges, extract prior usage history and report & graph prior usage history by meter type, and service type. 3. Able to print multiple bills and bill pages, mail bills to customer and third party individuals. 4. Able to email bill copy to customers with cover letter, and direct links to pay site, utility links, and correspondent email link. S. Able to mail out bills with no return envelope for bank debit auto pay customers, 6. Able to combine multiple bills to same address in single mailing envelope. 7. Able to create custom published bill inserts for monthly insert mailing. S. Able to create QR smart phone scan codes on the utility bill to direct customers to web page sites 9. Able to custom bill charges separate from utility bill, separate bills for solid waste charges. 10. Ability to mail bulk mail by bar coding, sorted by zip, an mail delivery, for lowest postage rates 11. Ability to run bill address through Postal address checking software for forwarding to eliminate bad addresses and return mail. 12. Ability to print free form message text on utility bill (up to 180 characters of text). 13. Ability to reprint customers original bill mailed, and email out bill copy to customer 14. Ability to report daily on bills mailed; local, international, emailed and postage charged accordingly. Also monthly reporting on mailings and postage charges. 15. Ability to archive monthly billing data for fiiture use, average billing, and disaster recovery. 16. Able to place a dollar hold parameter on bill customer types to flag specified bills over a predetermined dollar total limit. 17. Ability to provide security for all information. 18. Provide customer billing cycles, based on readings, of approximately 30 day cycles between statements 19. Minimum S years experience billing customers along with 3 references who have similar quantity monthly billing accounts. 12 -02 LKI7 outsourcing Utility Billing & Mailing Services Opens: 06/0712012 35 TRANSMITTAL OF CONTRACTS FOR REVIEW & SIGNATURE CONTRACT NANIE: Utility Uill Printing & Mailing 12 -02 LKD INITIATING DEPARTMENT: Utilitles Dept DATE ADOPTED BY CI'T'Y COMMISSION: n/a The attaches! Conttrtet Agreement hay been signed bj, the Contractor. Please review and i►tilial before jot -1va ► cling to the next recipient department. Return back to Purchasing with Contracts when ranting is cotttplctesl. DEPARTMENT purchasing City Manager cc: Attachments (4) SIGNATURE Date; • .,'� -.. Date: Executed copies to: Dept Vendor City Auditor & Clerk e-mail City Attorney Date: Date: Date: Da te: 2(1�1 O L I Y OF SARASOTA Saj sots, Florida Inter- office Memorandum July 19, 2012 TO; Lori DeLoaoh, CPPB, Procurement Specialist III FROM; Michael A. Connolly, Deputy City Attorney SUBJECT. Municipal Code Corporation — 12 -021kd Pursuant to your request, included herowith is the initial draft of the proposed Agreement for Utility Bill Printing and Mailing Services between the City and Municipal Code Corporation. The Agreement has been prepared using the Request for Proposal Short Forrn, Consequently, standard terms and conditions (e.g. insurance and indemnification) aro not repeated within the main body of the Agreement. These provisions are set forth within the Request for proposal. Tho RIP is incorporated into the Agreement, and the contractor is required to strictly complay with the Request for Proposal The proposed Agreement requires the contractor to import electronic billing daily, print the billing with custom design, and bulk mail the billing in accordance with the technical specifications. In exc1lange, the contractor will be paid $0,105 for each utility bill. An additional payment of $0.005 will be included for cacti insert which the City requests be included with the billing. The contractor will invoice the City monthly. Please see that all relevant members of City Staff have an opportunity to carefully review the proposed Agreement. At such time as Staff is satisfied with satno, it can-be shared with Municipal Code Corporation for their review and approval. Thereafter, you call prepare duplicate originals of tine Agreement for execution by the parties. Please provide me with a photocopy of the fully executed Agreement so that lily file will be complete. Thank• you for yotu attention to this matter. MAC /twa Encl: 7/19112 draft of Agreement cc: Chris Lyons, Director of Finance (wleirc) Bill Hallisey, Director, Utilities (wlenc) Mary Tucker, CPPO, FCPM, Purchasing Manager (wfenc) 1-)� A.G i,HMENT FOR UTILrrY BILL PRINTING AND MAILING SERVICE, 8 THIS AGREEMENT FOR UTH ITY BILL PRINTRIG AND MAILING SJ ,M VIICES, made and emend into this jM dy of - ' ` , 2012 by and between. the CITY OF SARASOTA FL0A a municlAor oration hcroinaftcr referred to SARASOTA, s 1 s as "CITY," and MUNICIPAL CODE CORPORATION, a Florida corporation, hereinafter referred to as "CONTRACTOR ", WITNIi:SS1THt WHEREAS, CITY has publicly announced a Request for Proposal seeking qualified entities to perform utility billing services for CITY pursuant to Request for Proposal #12- 02LKD; and WHEREAS, CONTRACTOR has submitted a responsive proposal which has been accepted by CITY to provide CITY with said services; and WHEREAS, the City Manager, pursuant to Sarasota City Code Section 2-5 {3) v. is authorized to administratively approve and cxecuto this Agreement on behalf of CITY so long as the total compensation paid by CITY to CONTRACTOR during the entire, term of this Agreement does not exceed $200,000.00; and WHEREAS, CITY and CONTRACTOR desire to enter into this Agreement for Utility Dill Printing and Mailing Services so as to set forth the terms and conditions upon which CONTRACTOR shall provide utility billing and mailing servicos on behalf of CITY, NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Definitions; The following terms shall have the mcanings herein ascribed to then; A. City Manager shall mean the City Manager of the City of Sarasota, Florida, or his designee. D. Director shall mean the Director of the Utility Department of the City of Sarasota, Florida, or his designee. C. Project shall mean thv Scope of Services to be performed by CONTRACTOR pursuant to this Agreement, The Project Scope of Services shall Include all necessary services to perforate utility billing and mailing for the CITY'S Utility Department. The Project Scope of Services shall include Importing electronic billing on a daily basis, printing of the billing with custom CITY design, and bulk mailing of the utility billing in accordance with the technical -) f specifications, a copy of which is attached hereto and incorporated by reference horcin as Exhibit A. CONTRACTOR shall provide the Project Scope of Services ifi strict corjforrlYarlce with Exhibit A. CONTRACTOR shall also provide the Project Scope of Services in strict conformance with Request for Proposal No. 12-02LKD, a copy of Which is on file in the Offices of the Financial Administration Purchasing Division of CITY and is deemed incorporated into this Agreement. CONTRACTOR covenants to strictly comply with all of the terms and conditions of Request for Proposal No. 12- 02LKD, In the event of any conflict botween the terms set forth in the main body of this Agreement, its attachnie .ts, and Request for Proposal No. 12- 02LKD, (lie terms and conditions set forth in the main body of this Agreement $ball control, followed by the teems and conditions set forth within Exhibit A, followed by the terns and conditions set forth within the Request for Proposal. 2. Scopgof Services: CONTRACTOR shall diligently and timely provide all utility billing and mailing services necessary to mail CITY'S utility bills to the customers of CITY, CONTRACTOR shall provide the Project Scope of Services pursuant to a schedule approved, it advance, in writing, by the Director. 3. Payment: CITY agrees to pay CONTRACTOR for the Project Scope of Services a fee based upon the unit number of bills prepared and mailed by CONTRACTOR each month. CITY will pay CONTRACTOR $0.105 for each utility bill printed and mailed to a CITY utility customer each month. If CITY instructs CONTRACTOR to include an insert: In the utility hill, CITY shall pay CONTRACTOR an additional $0.005 for each insert placed into a customer's utility billing. CONTRACTOR shall invoice CD'Y monthly based upon the above unit amounts for each CITY utility bill prepared arul mailed the previous calendar 111011th. The pricos set forth in this Section 3 shall control during the entire term of this Agreement, 'T ire fees set fot-lh in this 2 5� Section 3 shall include any and all reimbursable expenses ineurred in retaining subcontractors or any other costs Incurred in performing the Project Scope of Services. As required by Section 2- 5 (3) v., Sarasota City Code, the parties hereby covenant that the total compensation to be paid by CITY to CONTRACTOR during the entire term of this Agreement, as may bo extended, shall not exceed Two Hundred Thousand Dollars ($200,000.00). This Agreement shall require approval by the City Commission of CITY as a condition precedent to airy filsancial liability of CITY which exceeds Two Hundred Thousand Dollars ($200,000.00) during tho entire term of this Agreement, CITY shall pay CONTRACTOR the invoice amount within thirty (30) days of receipt of a full and complete invoice to the satisfaction of the City Manager. The anxount set forth in each invoice shall be consistent with the unit cost set forth in this Section 3. No amount of compensation, unless authorized by this Section 3, shall be due and payable h:om CITY to CONTRACTOR. 4. Te� . The term of this Agreement shall commence upon complete execution by each of the parties. The initial term of this Agreement shall be for a three -year period. CITY may xenew this Agreement for rip to two additional one -year periods upon the mutual agreement of the parties, 5. `I'e n ivation_Vt iftwt Default.; Tho City Manager shall have the right at any tune upon thirty (30) days written notice to CONTRACTOR to terminate the services of CONTRACTOR hereunder for any reason whatsoever. In the event of such termination, CITY shall bo responsible to CONTRACTOR only for the fees and compensation earned by CONTRACTOR prior to the effective date of said termination. Itr no event shall CITY be responsible for lost profits of CONTRACTOR or any other elements of a breach of contract, 3 6. Assignment CONTRACTOR shall not assign, sell, or transfer any interest in this Agreement, 7. Connplianee_with AVnlicable 1<mj This Agreetrment shalt be governed by the laws of the State of Florida, CONTRACTOR covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and rules relating to the services to be performed hereunder and in effect at the time of performance. CONTRACTOR covenants that it will conduct no activity or provide any service that is unlawful or offensive, 8. Jisclaitner of Joint Venture; CONTRACTOR and CITY warrant and represent by the execution of this Agreement it is not the intent of the parties that this Agreement be construed or deemed to represent a joint venture or undertaking between CITY and CONTRACTOR. CONTRACTOR shall bo solely responsible for the conduct . of all activities and services provided by CONTRACTOR as part of its business operations. While engaged in carrying out and complying with the terms of this Agreement, CONTRACTOR is an independent contractor and not an officer or employee of CITY. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are employees of CITY. 9. Right of Inspection; The City Manager shall leave the right at all reasonable times during tho term of this Agreement to inspect or otherwise evaluate the work being, performed hereunder and the premises in which it is being performed. 10, Remedies - Cumulative, All remedies liereinbofore and hereinafter conferred to CITY shall be, deemed cumulative and no one exclusive of the other, or any other remedy conferred by Iaw. d 91 11. Waiver: The failure of CITE' to take any action with respect to any breach of any term, covenant, or condition contained herein, or arty instance of default hereunder by CONTRACTOR, shall Dot be deemed to be a waiver of any default or breach by CITY. 12, Entire AnreettteYnt: This Agreement, including Request for Proposal No, 12-02LKD on file at the office of General Services of CITY shall constitute the entire agreement between the patties, All amendments to this Agreement shall be ineffective artless reduced to writing as a for=I ainendinent to this Agreement and executed by CITY and CONTRAGIUR. 13, Attorne 's Fees: Should it be necessary for either party to bring any action against the other to enforce arty of the covenants, provisions, or conditions of this Agreement, the ttott- prevailing party hereby agrees to pay all costs attendant thereto, inohiding reasonable attornoy's fees to the attorney representing prevailing patty, and said obligation "shall apply to declaratory relief, if necessary, to interpret any of the terms hereof. 14. Public Btttity Crimes: Prior to entering into this Agreement, CONTRACTOR slfall file a sworn statement with the Purchasing Manager of CI'T'Y, as required by §287.133, Florid tatutos (2011). 15, l t�g ice ; Notices and other correspondence required by this Agreement shall be sent by certified nnaii, return receipt requested, to the respective parties at the following addresses: City. of Sarasota Attention: City Manager 1565 First Street Sarasota, Florida 34236 Municipal Code Corporation Attn: Harold B. Grant, Vice President 1700 Capital Circle SW Tallahassee, Florida 32310 IN WITNESS WHEREOF this Agreement has been signed and sealed, in duplicate, by tile, respective parties hereto. S L� �- DATED this day of 2012 by the City of Sarasota, Florida, DATED dais 't day of _ _ +! , 2412 by Municipal Code Corporation. CIT Y Ol! SARASOTA, FLORIDA By:_ `.i'erxy bowls, Mtfng tity Manager Witnesses as to oxcoution on behalf of the City of Sarasota, Florida 4 Witness -�' �- i Print Natne - fitness MUNICIPAL CODE CORPORATION Print Name Harold 9. Orant, Vic-President Witnesses as to execution on behalf of Municipal Code Corporation r4 `0 STATE OF, FLORIDA COUNTY OF�: { -.t5 THE FOREGOING INSTRUMENT was acknowledged before ma this �XSA :?) day of 2012, by Harold E. Gavit, as Vice President of Municipal Code, corporalion, Who is potsonally known to tno or has produced as identification. W f1SSAK 80803 gY r d�' ", My Coif %k 5i0a @ V£0070 s l? •'� 0 ptRCS: R0%,em4sc 8f4 liA f3 BwdWWdH010YPLO- 'fammy's oode17 /19/12 Notary Public Print Nartm M t `l <, 7 `I Tecliuictil �tteciC�catio>Iis cote of for Outsourcing Utility Bill Printing Postage and Mailing Tile City of Sarasota's of rmit monthly billing cycle is composed of 17 mailings per month with a total 20,000 pieces per month. Vendor RequIvorrionts: 1. Ability to import: electronlc billing tale from Sunoard soffivaro systems or shnHer soli ware billing system. 2. Able to custom design bill statement to detail various charges, label individual charges, extract prior usage history and report & graph prior usage history by meter type, and service type. 3. Able to print multiple bills and bill pages, mail bills to customer and third party individuals. A. Able to email bill copy to custolnen'; witb cover letter, and direct links to pay site, utility links, and correspondent email link. S. Able to mail out bills with no return envelope for battle debit auto pay customers. b. Able to combine intiltiple bills to same address in single trlailing'envelope. 7. Able to create custom published bill inserts for monthly insert: mailing. 8. Able to create QR smart plione. scan codas on the utility bill to direct customers to web page sites 9. Able to oustom bill charges separate front utility bill, separate bills for solid waste charges. 10. Ability to mail bulk inail by bar coding, sorted by zip, an snail delivery, for IoNvast postage rates 11. Ability to run bill address through Postal address checking software for forwarding to eliminate bad Addresses and return snail. 12. Ability to print free form message feat on utility bill (up to 180 oharaoters oftexO. 13. Ability to reprint customers original bill inalled, and email out bill copy to customer 14. Ability to report daily on bills milled; local, international, emailed and postage charged accordingly. Also monthly reporting on mallings And postage charges. 15. Ability to archive monthly billing data for filture use, average stilling, and disaster recovery, 16. Able to place a dollar hold parameter on bill customer typos to flag specified bills over a predetermined dollar total limit. 17. Ability to provide security for all Information, 18. Provide customer billing cycles, based on readings, of approximately 30 (lay cycles between statements 19. Minimum S years experienoe billing customers along with 3 references wlto have similar gtialitity molithly billing accounts. EXHIBIT a 12 -02 LKD Oulsourdng Ullllly Bllling & Mailing Servkos 0088: 0010712olk 35 4� municocie Advantage UTILITY BILLING SERVICES CITY OF DELRAY BEACH, FL 'ny WN PAGE Letter of Introduction ............................ ............................... 3 Executive Summary ........ . ..................... ..............................4 Corporate Qualifications .......................... ..............................5 Staffing.............................................. ............................... 6 References.......................................... ..............................7 Minority Business Enterprise Utilization Plan... ......................... 8 Scope of Services ............................... ............................... 9 Client Responsibility ............................... .............................13 Additional Services ............................... .............................14 CostData ........ . ................................. .............................16 Attachments....................................... .............................18 WN July 12, 2013 Lisa Hartman Utilities Financial Manager City of Delray Beach Finance Department 100 NW 1st Avenue Delray Beach, FL 33444 Letter of Introduction Dear Ms. Hartman, Thank you for the Request for Proposal for Outsourcing Utility Bill Printing and Mailing. We are pleased to submit the following information for your review. MCCadvantage (MCCa), a division of Municipal Code Corporation (Municode), specializes in high quality, leading edge statement processing and bill presentment services. With over 60 years of municipal experience, we know local government and provide an approach to billing services specific to meeting their needs. MCCa offers a wide variety of custom statement output options, designed to accomplish your billing goals. We are continually working to provide our clients with new solutions to improve their billing process, such as eBills, QR coded links, online payment options, and IVR systems. We have included our corporate qualifications and sample billing statements for your review. We would be happy to schedule a presentation, if desired. Please contact me if you have any questions or, hopefully, for contract negotiations. I would be happy to schedule a conference call with all interested parties, or meet with you personally. We appreciate your time to review our response. Sincerely, John Breed MCCadvantage a division of Municode st" EXECUTIVE SUMMARY MCCadvantage, a division of Municode will provide you and your customers the highest possible level of service. Municode was founded in 1951 and offers services to local governments nationwide. Municode has been providing print and mailing services for over 50 years, and MCCa was created 7 years ago to serve municipalities' billing needs. MCCa employs Municode's skill, equipment and technology to offer you the most efficient and affordable services available. We work hard to maintain the high level of service and integrity our Clients have come to expect in all our services. Understanding Your Needs Our service depends on fully understanding your unique needs, and begins with our first contact. While the Sales staff works throughout the southeast region, we do so one person at a time. MCC is a family- owned, medium sized business, which means our clients receive a level of personal service unparalleled in the industry. At the same time, we also have the resources to handle complex custom issues. Our size also allows us to provide extra design and technological resources a smaller firm can't offer. Our most valuable assets are our customers and our reputation. We earn our reputation by offering helpful suggestions and solutions for your unique situation. Applying our Experience MCCa leaders have over 25 years experience in providing statement processing services. We understand the importance of statement design and accuracy. MCCa will work in conjunction with your staff to identify key areas of your billing statement that can be clarified to minimize questions from your customers. Our design team will work to ensure that the statement is branded as a city communication, utilizing a custom design strategy. We recognize that every municipality has different needs and because of that, none of our statements look the same. We have the ability to include OCR scan lines, barcodes or both to enable automated processing of payments for return document; we also can include a bar chart with historical usage if desired. We utilize high speed Oce printing and Pitney Bowes inserting equipment. Due to our rapid growth over the past 6 years, we have tooled our facility to handle large increases of statement volumes. Custom Solutions MCCa works with many software providers, including SunGard, and can work with any form of data file or tables. We utilize a secure FTP server to transfer files from the client to our system, and provide training for all new clients. MCCadvantage provides correspondence throughout the entire process in order to ensure that complete cycles are mailed, and to provide you with all Postal paperwork to keep for your records (A further, more detailed list of tasks and sub -tasks involved with service is in the "Scope of Work" section, addressed beginning with page 9). Our customers are also provided a Postal Account Summary every month to detail postage costs (the postage account process is further detailed on page 10). Stability MCC is a privately owned Corporation, with very little debt. We are financially sound, having been in business for 60 years. MCC's President and Board of Directors are focused on improving MCC though investments in people, technology and facilities. MCC has a Qualified Retirement Plan, and quarterly share profits earned by the company with employees. MCC also has a Health and Fitness Gym with showers and a walking trail on premises to provide additional benefits to our employees. Our culture is conducive to longevity of our employees. Overall Comments MCC is keenly interested in assisting the City with its billing needs and we feel our focus, company and personnel perfectly match the City's needs. We appreciate your interest and look forward to your review of the rest of our information. 4 ,57 QUALIFICATIONS OF MCC For 60 years, Municipal Code Corporation has engaged in editing and publishing Codes for municipalities and counties of all sizes throughout the United States. MCC has published and supplemented more Codes that are in current use than any other codifier in the Country. This experience enables us to offer you the finest services available. Information and statistics of note include: Business main location: 1700 Capital Circle, SW Tallahassee, FL 32310 800 -262 -2633 or 850 -576 -3171 Incorporation Date: March 1951 Current Code Accounts Serviced: more than 3,400 Divisions: MCCi — Document Management and Agenda Automation MCCa - Utility Billing and Statement Processing Project Contact Persons: John Breed, General Manager — MCCadvantage Christina Hoffman, Customer Service Lead— MCCadvantage PersonnellOffices The entire corporate staff consists of approximately 160 employees, including 9 attorneys, 35 editors, and 46,000 square feet of floor space. We have regional offices in Apple Valley, Minnesota; Charlottesville, VA, Fort Worth and Edinburg, Texas; and Seattle, Washington. All design, printing and processing is performed on our premises. This enables us to control each project from beginning to end with no part being subcontracted. Key personnel are available to answer questions during any phase of the project and to assure quality control. -!5v Staffing MCCadvantage Key Personnel Assigned to Project (Staffing) John C. Breed, M.B.A., Finance, Florida State University. B.B.A., Management, University of Georgia. Key responsibilities include executive leadership, strategic decision malting, product development and enterprise level client consultation. Experience: Twenty years of launching, leading and developing organizations with extensive experience in business strategy, finance, sales and marketing, print and manufacturing operations management as well as leading merger and acquisition activities. Currently serves as General Manager of MCCadvantage. Christina Hoffman Marketing and Customer Service Lead, Fifteen years' experience managing customer interaction with municipalities and utility providers. Christina is currently working toward completing a Business Administration degree from Tallahassee Community College. Key responsibilities include day -to -day operations and responding to customer requests for changes. Starlett Love[, 32 years of experience in typesetting, editing, composition and printing of Codes, Supplements and Statements. Quality assurance lead for MCCadvantage. Matt Farley, Systems Administrator, A.A., Tallahassee Community College, Currently obtaining B.A. in Information Technology at Florida State University. 2.5 years of systems /network management experience. Elliot Haworth Web Developer, B.A., Computer Science, Mercer University. 5 years of experience desktop application programming and developing web based applications. Stacy Corry, Digital Art Coordinator, Flagler College, Glendale College, Tallahassee Community College. 10 years experience as a graphic designer; 7 years as coordinator of Municipal Code's graphics department. 20 years of experience as a technical writer and technical support liaison. Phillip Claiborne, Chief Information Officer, B.S., Management Information Systems, Florida State University; MBA, University of Florida; CompTIA Certified A +, Net +, Security +, Microsoft Certified Systems Administrator. 10 years of extensive experience supporting, designing and administering corporate network environments. Kevin Ash, Production_ Lead, 25 years in the electronic print industry, 7 years of statement fulfillment. 59 References Similar Engagements ••.• Bradenton, Florida — Michael Cox, Billing Manager (949) 932 -9433 Utility billing, Laserfiche, Code & Inserts Plant City, Florida — Denise McDaniel, Billing Supervisor (813) 659 -4204 Utility billing, Code, & Zoning Coweta County Water & Sewer Authority —Alan Sibley, H. R. Manager (770) 254 -3710 x8835 Utility billing 11\ 1© Minority Business Enterprise Utilization Please review the attached Minority Business Enterprise Utilization Plan and the attached State Certification. MCCa respects the desires of the City to provide opportunities to Minority Business Enterprises. We utilize a M.B.E. service provider in our processes that represents roughly 66% of our total monthly expenses for all services, who is the supplier of inserting equipment as well as our maintenance provider for this equipment. R Scope of Services MUNICIPAL CODE CORPORATION, a corporation duly organized and existing under the laws of the State of Florida, hereinafter referred to as Municode, hereby offers to perform billing services for CITY OF DELRAY BEACH hereinafter referred to as Client. Municode will adhere to all provisions as requested in the City's Request for Proposal (RFP). MCCadvantage, a division of Municode, agrees to provide Client WuniBill$" services defined herein and at pricing contained in Schedule 1.0. The Client agrees that MCCadvantage shall be its exclusive provider of these goods and services during the term of this agreement. STATEMENT DESIGN - Each of our clients have a unique statement design because they ail have specific needs. All statements are custom designed based on your customer's and staff's input. No "cookie cutter" approaches. We have the experience to know the purpose of billing statements and what it takes to accomplish your billing goals. Statements are printed on preprinted color forms which can contain highlighted color boxes. All statements are 8'/X11, 24# long grain paper with a tear off return document at the bottom meeting lock -box requirements. The return document can contain OCR's, barcodes or both to enable automated processing of payments. The outside ( #10) envelope is a large pistol shaped single window envelope designed to provide maximum flexibility to our customers. This allows for high quality looking statements enabling color logos, quick turnaround changes or custom messages like "UTILITY BILL. ENCLOSED" messages to be shown on your statements. Our return ( #9) envelope is a single window envelope with lines for a return address. All of our envelopes have security tint in order create an opaque nature to ensure security of the documents transmitted. Statements can utilize variable messaging based off of criteria provided by the client. All paper suppliers are "Tri Certified" in support of sustainability. Good for you, your customers and the environment. We utilize a green process that is more environmentally friendly than post- consumer recycled materials. INSERTS - Client may request that inserts be included with mailings. The Client has the option of either providing the inserts or contracting with MCCadvantage Creative Services to provide inserts. Inserts provided by the Client are required to meet MCCadvantage's inserting equipment specifications. (A MCCadvantage specification sheet is available upon request.) Inserts provided by Client normally must arrive no earlier than two (2) weeks in advance of the first required mailing and no later than three (3) days before the first mailing day. Upon arrival, inserts are "Quality" checked to ensure they meet specifications. At Client's request and MCCadvantage's approval, MCCadvantage may attempt to use inserts not meeting minimal specifications. However, additional costs may be assessed and/or mailings may be delayed. It is MCCadvantage's policy to ALWAYS work with the Client through issues that may arise and do what's best for the Client and their customer. Any unused inserts will be destroyed or returned at Client's request (shipping charges apply). ELECTRONIC PRESENTMENT PARAMETERS DESCRIPTION - Through our Muniview system we archive your billing data in a searchable PDF format utilizing a content management system. Muniview is housed on a secure sever and is available to your Customer Service personnel via a HTTPS website. The Muniview system employs a password protected interface, which allows you to limit access to relevant staff positions, and can be run on multiple computers simultaneously. Muniview gives staff the ability to quickly and efficiently search statements from a period of over 3 years. The PDF format allows your staff to email or print a full color copy of the original statement directly from the web -based database. QUALITY AND TRUST - At MCCadvantage, we understand the importance of quality. We know the statements we send must be of the highest quality and accuracy. We clearly understand that you 9 (I-a- place your trust with us to ensure your statements go out in a timely and are always correct. Our QC process ensures that you comfortable in knowing all your statements are accurate and have been mailed on time to your customers. MCCadvantage is a manifest mailer which means every piece of mail receives a unique piece ID ensuring we account for and deliver every statement to the LISPS. MCCadvantage is "Optional Procedure - OP" certified with the USPS. All customers are provided the MCCadvantage hotline and email address to report any service issues. Issues are report directly to the General Manger for resolution. Our response time to inquiries is normally a couple of minutes via e-mail (constantly monitored) or within the half -hour for phone communication. MCCadvantage PROCESSING PROCEDURES - After submitting your data files to our secure FTP server you will need to send an email to MCCadvantage notifying us that you have uploaded your files and they are ready for processing. We ask that your email details what cycle was sent and the number of records. Emails sent to MCCadvantage are forwarded to all MCCadvantage departments who are involved in your statement processing. Once your email is received by MCCadvantage, you will receive an "auto response" from our email server confirming your email was received. Some providers force their customers to logon to their system to check status of their statements. At MCCadvantage, we notify you and your staff as your statements move through the process. Shortly after you have uploaded your files and advised MCCadvantage they are there, you will receive an email notification from our Operations Department verifying receipt of your files and that statement processing has begun. Once statements have completed processing, you will receive another email from our Operations Department notifying you that your statements are available for download at our FTP download site. Statements are compressed (zipped) to reduce file size and decrease download time. Included in the zip file will be your statements, any out sorted statements, USPS paperwork and the CASSIPAVE address error report. Simultaneously, statements are sent to our Production Department for printing and inserting. There is an optional step available through which we will hold your statements until you have a chance to review the bills and provide us a release. If this option is used, statements will be held in Operations until a notification of release is provided, at that time statements are released to Production for printing and inserting. The last step in the process is delivery to the USPS. Throughout the day, MCCadvantage makes several runs to the Postal Service delivering mail as it is completed. Once your statements clear Production, you will receive a final notification letting you know your statements are in the mail. This last notification is normally sent after your statements have left for the Post Office. Attached to this notification is your MCCadvantage job ticket which provides statements billed of each bill type. Step I -- Upload your data files. Step 2 — Send email to MCCadvantage letting us know your files are ready for processing and the volume sent. Step 3 — Receive auto notification that your email was received. Step 4 — Receive email letting you know MCCadvantage has verified /QC'd your files /volumes and processing has started. Step 5 -- Receive email notification your statements are being sent to the production floor for printing and inserting and that your statements and reports are available on the download server. (It is recommended you download your statements as soon as possible to QC) PDF images free of charge) of all statements are provided to Client for QC prior to mailing. All statements are accounted for in these reports. Step 6 — Receive an email notification your statements have been sent to your customers. The MCCadvantage Job Ticket will be attached to this email. Step 7 — All data is then backed up for a period of not less than 2 years. As data ages it is moved to our off sight bunker for secure storage. 1 (3 Sampling and QC of statements is taken throughout the process to ensure quality and accuracy. • Operations verifies data files (volumes and file integrity) • Operations QC's statements (volumes and statement integrity) • Customer (Client) QC statements (volumes and statement integrity) • Production QC's statements (volumes, statement integrity, print quality, inserts, USPS standards, messages and setup) Employees can earn a reward if they find a quality issue. MCCadvantage will design in conjunction with the Client a two -color (black with a second color), one -sided bill form that is 8112" x 11" in size. The bill design will include an appropriate scan line for remittance processing, numerous message areas (variable data text messages shall be printed in the black ink), different sized fonts to enhance readability, a bar chart or graph (if requested by Client) and a Client logo. Statement design can also incorporate QR scan codes to direct customer to web pages, such as your City's website or online payment site. MCCadvantage utilizes a large single (pistol style) windowed #10 envelope to allow for maximum customer flexibility. Client logo, return address, outgoing address, bar - coding and special message show through the secure window envelopes. Special messages such as "Bill Enclosed" are printed on the statement and are displayed through the window. MCCadvantage will agree to purchase and maintain a sufficient supply of billing forms and envelopes to ensure an uninterrupted supply for printing requirements. MCCadvantage will notify the Client in writing, and receive approval from the Client on the bill design prior to implementation. Client will provide MCCadvantage with any additional forms or forms data to be inserted with the bills. MCCadvantage agrees to receive a drop shipment of the inserts necessary to supply a one - month cycle of bills. Client will work with the MCCadvantage to design the inserts to conform to the specifications required for successful insertion by the equipment used by the Service Provider. COMPENSATION — In full and complete compensation for all goods and services provided by MCCadvantage hereunder, Client aggress to pay MCCadvantage according to the rates set forth in Schedule 1.0. Prices quoted in Schedule 1.0 are based upon specifications provided by the Client. If there is a change in specifications or instructions to the original quotation, the work performed will be billed at an adjusted rate agreed to by Client. MCCadvantage will provide to Client an invoice after each production run consisting of all fees, as outlined in Schedule 1.0, including a summary of postage used. A monthly late payment charge may be assessed on statements not paid within thirty (30) days. The price for materials may be re- evaluated at the annual anniversary date of the effective date of the contract, taking into account any fluctuations in the price of paper and supplies. Any price increase will be supported by supplier documentation and provided to the City for review. In no event may any increase be greater than the actual increases in the cost of materials. POSTAGE — MCCadvantage will require that the Client maintain a permanent postage deposit in connection with this agreement. Client shall deposit in advance with MCCadvantage the initial sum specified in Schedule 2.0 as the permanent postage deposit. The amount of this deposit is based on expected volumes and postage rates and is subject to change based on changes to the volume and prices defined in Schedule 2.0, or customer payment history. All mail pieces are sent at the lowest possible postage qualifying rate taking full advantage of automated USPS discounts. Client will be notified in writing in advance if a change in the amount of the deposit is necessary. Upon termination 11 0 of the Agreement, MCCadvantage shall return the deposit amounts to Client after payment of all services and postage. If client fails to maintain the deposit at the prescribed levels, or if client fails to maintain current status of all invoices as described in the "Compensation" section, MCCadvantage may suspend its performance under this agreement and hold customers statements/bills (at MCCadvantage discretion) until the deposit is received. The outgoing state mentslbills will leave MCCadvantage utilizing the Municode postage permit for USPS postage payment. Statements are mailed at the lowest possible postage rates. Most statements qualify for the 5 digit automated rate. MCCadvantage is certified by the USPS for optional procedures. FORCE MAJEURE -- Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake, hurricane or other act of God, civil commotion, terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such performance (other than any obligation to pay money) on a day -to -day basis to the extent of such interference. The other party shall, likewise, be excused from performance of its obligations on a day -to -day basis to the extent such party's obligations relate to the performance so interfered. CONFIDENTIALITY — MCCadvantage agrees that any and all data, reports and documentation supplied by Client or its affiliates or third parties on Client's behalf, which are confidential and which are clearly designated as confidential, shall be subject only to the disclosure requirement for the performance of MCCadvantage's obligations hereunder, and will be held in strict confidence and shall not be disclosed or otherwise disseminated by MCCadvantage without the written consent of Client. LIMITATION OF LIBILITY — The parties hereto agree that this agreement is only for the production of goods and services. MCCadvantage shall be liable only to the extent of re- mailing a correction or corrected job as soon as possible to rectify the mistake. Breach of contract damages shall be limited to the value of the work performed. In the event of a breach of the terms of this agreement, MCCadvantage shall not be liable for loss of business, incidental or consequential damages, or costs in excess of billing for services related to the specific job. MCCadvantage is not liable for incidental or consequential damages, including revenue, even if MCCadvantage has been advised of the possibility of such loss or damage. PERFORMANCE — MCCadvantage shall handle the laser printing and mailing of the Client's bills. Expected volumes are defined in schedule 1.0. MCCadvantage will receive data for the billing from the Client multiple times per month. MCCadvantage will receive data in a format mutually determined by both MCCadvantage and the Client. Data compression is allowed as mutually agreed to by MCCadvantage and Client. MCCadvantage shall simplex (one side) laser print the data on pre- printed forms as described in schedule 1.0. If required, MCCadvantage shall set up the form and program to include scan lines for intelligent inserting. The Client will then provide the matching criteria for such intelligent programming. E- VERIFY — Municipal Code uses the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all employees. We will not be subcontracting any of this work; all work will be performed by Municipal Code employees. Municipal Code's E- Verify Number is 42302. Client Responsibility The Client agrees to: • Transmit data files to MCCadvantage's FTP site in the method agreed upon according to the provided schedule. • Ensure postage funds are available per specifications provided in "Scope of Work ". • Quality check data files in advance of sending to MCCadvantage • Quality check statements via PDF's during processing • Provide camera ready artwork for graphics. • Pay MCCadvantage for services billed (Net 30). • Provide MCCadvantage insert specifications to Client's insert vendors (if other than MCCadvantage). • Provide an explanation of billing record layout or mapping document to MCCadvantage. • Meet LISPS °NCOX and "Move Update" requirements (unless done through MCCadvantage). If done through MCCadvantage, client agrees to update their records with matches per USPS requirements. • Review and approve design of billing statements. • Pay for any unused forms of as a result of a format change or contract modification. • Client is encouraged to QC billing statement content using PDF images during each mailing to ensure statement quality. • Client is required to sign off on parallel testing once completed to ensure statements meet Client expectations. • Client is required to sign off on "deployment" normally after the first month's mailings. The deployment period may be extended with mutual agreement from Client and MCCadvantage. At the conclusion of the deployment period, changes will be billed at Technical Services rates in accordance with Schedule 1. • Client must approve billing statement layout at least 3 (three) weeks prior to deployment date. If not, an additional surcharge on the initial order of preprinted forms may apply. 1 • Additional Services Additional Services Available • Inserts and Promotional Material • Online Credit Card Processing and ePayment • eBilling • Customers pay faster • Save money and postage • Go Green • Address Cleanup through LISPS using USPS NCOA • Muniview • This option provides for robust online "search and view" via secure online access. • Provides fast access to be able to print and email customer statements Inserts and Promotional Material MCCadvantage customers enjoy full service in -house graphic design and printing /creation for statement inserts, newsletters, special mailings or just about anything else you want to send to your customers. We provide competitive pricing but give our customers the option of using us or another print provider. Go Greenl At Municipal Code we are selective in choosing our business partners. All paper suppliers are °Tri- certified" in support of sustainability. This is a Chain-of-Custody certification, which is a commitment to responsible forest management practices and environmental stewardship in all levels of production. Good for you, your customers and the environment. We utilize a green process that is more environmentally friendly than post - consumer recycled materials. ?S SUSTN«,`i6fiti O�i § {�FLFSiRf t5 rq, r sC r EFC' q: wr7y' L' �SMTNFY•, Online Credit Card Processing and ePayment EBPP (Electronic Bill Presentment & Payment) MCCadvantage offers clients the ability to provide their customers with the option of paying their billing statements online using a credit card or eCheck. Clients may also offer their customers the option of signing up for automatic payments through MCCadvantage. The MCCadvantage payment portal branded with Clients logo and contact information such that customers view the pages as the clients website. Transaction charges can be paid by the client, passed on to the customer or a combination of the two. Please contact MCCadvantage for further details regarding online service options. eBilling MCCadvantage provides eBilling services to their clients. The eBills provide a billing option saving the client money (postage) while delivery statements electronically same day. The eBills project a "green" image to customers and demonstrating the client's commitment to the environment. Setup for eBills is waived if done at the time of initial deployment. MCCadvantage's eBills provide a custom eBill summary message and include an attached PDF copy of the customer's statement, and can include links to payment sites, utility links; and PDF copies of inserts. Any response to these eBills will be directly emailed to the email address you provide. Emergency Backup MCCadvantage maintains a hardened backup site. This site has all of the capabilities of our main site, and can take over production in the event that our main site experiences problems. Data Retention Policy MCCadvantage has a policy of keeping our customers data for a period of 3 (three) months at which point the data is moved to our back -up site for a period of no less than 3 (three) years. We will always have your files available in case a need to reproduce them should arise. U-7 Additional Services Municode and MCCadvantage can provide additional services /products under this contact. Any of the following services may be purchased pursuant to this contract. Document Imaging and Records Management Software (Laserfiche) - MCCi offers Laserfiche (LF) Software and related services which provides a records repository allowing storage, retrieval and imaging of all documents. Capabilities include an intuitive browse window, index cards, full -text indexing, keyword template search, fuzzy word search, and virtually unlimited folders, giving users access to any document instantly. Document Scanning Services (MuniScan) - MCCi offers scanning, indexing and integration of hard copy documents with Laserfiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and fuzzy logic. Process Management Software (MuniTracklt) - MCCi offers the MuniTracklt Software (developed by Brandt Information Services, Inc.) which is a web based solution designed specifically for Government organizations. MuniTracklt will save time and money by streamlining business processes. Code Supplementation and Codification Services (MuniCode) - Municipal Code Corporation offers supplementation of existing Codes, Codification of Ordinances and Recodification of existing Codes. Our optional services include legal review, republishing, editorial and index work and electronic options (CD, Internet). Creative Services - MCCadvantage can provide design and printing services of inserts. We have a creative team of talented graphic artists to help you quickly create statement inserts, newsletters or any other important customer communications at competitive rates. _- .. _:_ �� �� .: � a -�- -, ..- _, . . HE Cost Data MuniBill$ Quotation Sheet For CITY OF DELRAY BEACH FLORIDA Schedule 1.0 -- Fees for Goods & Services Paper Bill Custom Municipal Statement Design • Data processing & Simplex printing • Single 8'/x11 document with 3%" perforated return, white, long - grain 24 lb bond paper stock, • #10 windowed envelope, white w /security tint - 20 lb • 99 return envelope • Folding, inserting and delivery to LISPS CASSfPAVE certification of customer mailing list • Price does not include postage • Two color highlight (includes black print) Monthly Volumes 20,000 — 25,000 $ .105 Per bill 10,000 — 19,999 $ .135 Per bill 5,000 - 9,999 $ .145 Per bill Initial programming and set-up Waived One time Optional: Special market messages on the statement if setup required) $ 25 Per message Optional: Subsequent pages to statement $ .04 Per a e Optional: Technical Services (including programming & insert composition if $85 Per hour needed Optional: Additional Inserts - Does not include printing or design of insert .005 Per Bill Freight, courier, shipping, etc. for items shipped at customer request. Cost Per Request Optional: MuniBill Pa erless emailing of statements to customers $ .098 Per Bill Optional: MuniBill PDF includes processing & creation 3 months online NIC Included Optional: Statement Optimal Design Review & Consulting NIC Included Optional: late notices, final bills and cancellation notice 1 -color black $ .13 Each Optional: MuniView -- Secure online viewing of statements NIC Price Optional: MuniForwarding - NCOA forwarding of statements upon Request ,3L,11t;U A1G 4.V — rG1111 [111CI1L rVakGL{G LJGH V.71L Permanent Postage Deposit -- Based on Statement Volume *All statements are mailed at the lowest possible postaqe rate 06 is current 5 di it rate �Q This proposal shall be valid for a period of one hundred and twenty (120) days from the date appearing on the signature page of this proposal unless signed and authorized by MCC and the Client. Terra of Agreement Municipal Code Corporation extends under this contract, the exact pricing, terms and conditions as provided to the City of Sarasota, RFP 12 -02 LKD and Bid #12 -B -013. The term of this full service contract shall be for a period of three (3) years, commencing on mutually agreeable date and ending thirty -six (36) months later. Thereafter the City of Delray Beach, reserves the right to extend this contract for up to two (2) additional twelve (12) month periods, with written acceptance of both parties. Submitted by: MUNICIPAL CODE CORPORATION ADVANTAGE a division of Municipal Code Corporation Municode Vice President: Witness: Date: Accepted by: DELRAY BEACH, FLORIDA By. Title: Witness: Date: 70 INSURANCE REQUIRKNKN *S A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $500,000 per occurrence, $1 MM aggregate, combined single limit for Bodily Injury Liability and Property Damage Liability. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non - Ownership. 4. Certificate of Insurance - Certificates of Insurance evidencing the insurance coverage specified in the previous paragraph should be received by Purchasing prior to commencement of work. The required Certificates of Insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. The successful bidder will endorse the City of Delray Beach as additional Insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Certificate of Insurance the successful bidder ( "not the "insured' shall be required to notify the City of material changes or cancellation of insurance policies, or non - renewal. Attachment I, 1 of 3 A OR L CERTIFICATE OF LIABILITY INSURANCE RO pip Goad insurance, inc . P.0, Box A -1 Best City, USA 00000 7H15 CE RTiFICATE IS I SUED A$ A MATTER Lip WoRMATION ONLY AHD 001IFERS HA RIGHTS UPON THE CERTIFICATU E FFREDSY THE PC�C� t� OR AMR THcoVAR5 CERTIFICATE! oI INSUREIisapFORLNNOCOYERA04 NAIC� Puvrtao Stilling Workers Assoc. ABC Drive Anytown, USA 00001 etsvf�A . IM A stssntERs GLP077604 ►tsvRExa 01/01111 h� i 500,000 HSLW ERE : GO" RACiCif 4rn{ EPOI3oesOpIASURAN= LiSmoBELO WHAVEBEENI SSUEDTOTHEM URE OFtWEuABOVEFORTHEPOLICYPERIODY, MTED.NOTWITHSTANOING ; REQUIREMENT. TVgM O COMMON OP ANY CONTRACT OR OTHER OOC AWNT VM RFSPEGT TO WHION'tlits CFiTiW=TE MAY 8E ISSUED OR MAY PMrA)N, THE INSURANCE AFFORM0 BY THE POMES MSCRWQ HEREIN IS SURKOT To ALLWMYE RIM, EXCLUSIONS AND CONDITIONS WSW" pOUClE, S. AG13REGATeJJ" fSSNOWMMAYH AVEBEENREOUCEOBYPAIDOL A1.4. RO 100 ,NW 1st AVENUE CVERAI.UALIUEY 0QMMUMN.GEw 1.l,,m ni JVIItS WAf 9CCLR ' Y011C HOHAr.R P UruYB IM A GLP077604 01101 /10 01/01111 PA 4000AMME i 500,000 : Lrpn n7 - .aye i PfASOHI1d AfNINNRY i OF]SfWifl.�iR.'cWT& ! f YFUY[iAPE1.FSPEN: PO(IC1' gg LOO •COi�UPI+06 i A NLRUASIM AfAM AU.ONHEOA1M03 Bp�p.E0AUi05 MAWAUT03 HOtI�A'/7iE0ALT03 ALP077606 01 /01 /10 01/01/11 - 00- _w fe" i 3300;000 SOD1.Yer"Y ��� i I%taPERTY. CV.ErAOE i OA 00 LL10A.1FY ANYAUTO tiY' M� i�' .. AU[OOfiIY -@AA,C eT i Iwo Ol6.Y: hGC i E%CC68.t$�8R£UAUA9A.[iY ocan ❑ VVA* VAN OEOVCnaUS R S • .. EAMOOCURR l G d R£OAT£ i f B WORNFi OMPE1:8AMIAHD s>AOYEwuAmr Of A �0 WEP077606 03/01/10 03/01/11 nr raa Darr LQ0'0 2 E.t.aseASE.EAENPI.OYEE 100.000 E -L.an AW- uMr IS 500.000 Mot ae�rTggpyppEriliiolultocAtgr +atv£riea.earEkcL4spNS AFio� erExOO�sOrESrree£c1AE PR041sn!ts THIS INSURANCE APPLICABLE TO (state project) z . *CITY OF DELRAY BEACR IS ADDITIONAL INSURED — 9 see attached endorsement. wner.c.nw -.� un. neo rn►�r.H [ . nTfora ••••• •v•••• ,,••••••• CITY OF DELRAY BEACH.: gIWUf AxYOf THEASOYE OESCA? BEnaaU4lRa GE W.h*Cki.l,E06EFOREYHE Ei?1M710N ev, UrspMto t•.MMVMQNOMA Yin ERC"VOeTOUML?0 0AV%WFUTTM 100 ,NW 1st AVENUE HanceT OTIfECFAW" TtHMOERHANEMTM LEFT, VVrFAWR9MCO$0RtAM DELRAY BEACH, FL 33444 WOW 1100MOA' rM. Y0 RUARatrYOFAVYM0WOMTHENSURFA .n9AGM"OR A£PRFSENrATI'!£8. Atrntdl3sEA R WREB E1RAT1Y6 ACORD 24 (2001103) W f14VKE14VRf"NIW ..�.� .APP !•A CITY OF DELRAY BEACH DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.487, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, l certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Vendor's Name Signature 73, STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Municipal Code Corporation (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The VENDOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the VENDOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Bid Documents - Request For Proposal 12 -02LKD 1 -45 & Contract 12 -021kd Standard Form of Agreement 46 -53 Proposal Document 54 -70 Insurance Requirements and 71 -72 Certificate CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Sample Insurance Form Drug Free Work Place Certification 73 4. The term of this contract shall commence upon the effective date which shall be 10 days after approval by City Commission and shall continue for a period of three (3) years. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: Municipal Code Corporation Attn: Harold Grant, Vice President 1700 Capital Circle SW Tallahassee, FL 32310 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. The VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Project. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the VENDOR, his subVENDORs, agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the VENDOR, his subVENDOR or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. 12. The Parties agree and acknowledge that the CITY is "piggybacking" off of the contract between the City of Sarasota Florida and Municipal Code Corporation, Contract 12 -021kd which also incorporates the terms and conditions of Request for Proposal 12- 02LKD, and that the terms and conditions of that agreement shall govern unless they are in conflict with the terms and conditions of this Agreement, and in that event, the terms and conditions of this Agreement shall govern. 13. This agreement shall be governed by the laws of the State of Florida. VENDOR covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to the services to be performed hereunder and in effect at time of performance. VENDOR covenants that it will conduct no activity or provide any service that is unlawful or offensive. 14. VENDOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. in accordance with state law, VENDOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the VENDOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the VENDOR. e) If VENDOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 15. The City shall have the right at any time upon thirty (30) days written notice to VENDOR to terminate the services of the VENDOR hereunder for any reason whatsoever. In the event of such termination, CITY shall be responsible to VENDOR only for the fees and compensation earned by VENDOR prior to the effective date of said termination. In no event shall the CITY be responsible for lost profits of VENDOR or any other elements of a breach of contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA Aw- , Mayor WITNESS: VENDOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 —, by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. (name of officer (state or He /She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED ", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. (Secretary) (Seal) MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 8, 2013 SUBJECT: AGENDA ITEM 8.0.2 - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 CONTRACT AWARD/ STUART FENCE COMPANY. INC. ITEM BEFORE COMMISSION Award to Stuart Fence Co., Inc. in the amount of $15,700.00 for installing a chain link fence along the north perimeter of the Water Treatment Plant area at the ESD Compound (P/N 2013 -075). BACKGROUND The Water Treatment Plant (WTP) process area is within the ESD Compound, with the entire perimeter compound secured by chain link fencing. The ESD Compound is shared with other ESD Divisions, as well as the Park and Recreation Maintenance Division. In addition, special events and the onsite fueling station require that the compound be accessible to all other City Departments after hours, via gate clickers. Over the past few years, the compound has been exposed to several incidents of unauthorized entry. These incidents have caused staff to re- evaluate the current risk assessment and security measures for the WTP area. At one time (over a decade ago), a chain link fence existed between the WTP and the remaining areas of the ESD compound. Staff concluded that reinstalling the chain link fence along the northern perimeter of the WTP area, whereby separating the water treatment area from the rest of the compound, would provide an additional level of security for plant operation. Through a formal bid process, the City opened bids for this project on August 7, 2013. Three bids were received; from Stuart Fence Co., Inc. in the amount of $15,700.00, Bulldog Fence of Florida, LLC in the amount of $16,243.00, and from Precision Fence and Gate, Inc. in the amount of $19,690.00. References for Stuart Fence Co., Inc. are favorable. Upon award, the contractor will execute the City's "Standard Form of Agreement Between the City and Contractor ". FUNDING SOURCE Funding is available from account #442 - 5178 -536- 63.90, Water and Sewer Renewal & Replacement Fund/ Other Improvements in the total amount of $15,700. RECOMMENDATION Staff recommends award to Stuart Fence Co., Inc. in the amount of $15,700 for the Water Treatment Plant North Perimeter Fencing project (P/N 2013 -075). M r O N ti O co O G1 co O a. U o 0 0 00 0 o °o o0 0 0 0 C c M U m V) r F� rl G4 z � LM N 6y b9 H3 69 64 ff3 fA M w o °O o rl O N U z� o N 0 0 Ln 0 o o a o LLI U O Z UW A LL let w 4 W b9 6g 64 H3 6g 64 EA H O O Q O 5W 0 N vii CD O Otr) O W w [d U M c0 O O tV z � ITS O O Z AO a H a� x N a 0 0 w o N °o a �� az� a ow Lon) D ~%' U A N z Cj cc LOD z w E" dz A❑ F d Z � �d OF d zz, zQ O4 w O w A F- 0 U U F- m �z M r O N ti O co O G1 co O a. CITY OF DELRAY BEACH LOCATION MAP BID # 2013 -51 Project No. 13 -075 rrojeci Hrea WTP North Perimeter Fence, PIN 2013 -075 Bid No. 2013.51 MEMORANDUM TO: Mayor and City Commissioners FROM: Jim Schmitz, Deputy Director of Public Works Michael Lopushinsky, Storm Water Administrator Victor Majtenyi, Interim Director of Environmental Services THROUGH: Louie Chapman, City Manager DATE: August 1, 2013 SUBJECT: AGENDA ITEM 8.0.3 - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 PURCHASE AWARD /ENVIRONMENTAL PRODUCTS OF FLORIDA CORPORATION ITEM BEFORE COMMISSION An award to Environmental Products of Florida Corporation in the amount of $18,535.00, for the purchase of a new envirosight underground infrastructure inspection system for the Maintenance Division of the Public Works Department. BACKGROUND Under the National Pollutant Discharge Elimination System ( NPDES) permit, the city is obligated to operate, maintain, and inspect the storm water infrastructure. The current apparatus used for all underground utility inspections for sewer and storm water systems is the closed circuit television (CCTV) truck. Normal operations of the CCTV truck involve a three person crew. Since the equipment is shared by three divisions within the department, scheduling the performance of the required NPDES inspections has been challenging. The Envirosight QuickView Haloptic System is a backpack mounted unit, operable by a crew of one, capable of offering long range view, picture, and video documentation on a storm water pipe segment. The purchase is through the Houston Galveston Area Council (HGAC) Buy Program. The total purchase is in the amount of $18,535.00. The cost of the base unit is $15,000.00, with three additional options selected as part of the total equipment package purchase. The three items are Haloptic Rear View Camera, Bumper Guards, Software at a cost $ $1,500.00, $175.00, and $1,860.00 respectively. The rear view camera expands the equipment capabilities affording a greater range of applications. The bumper guards provide necessary protective measures to protect the equipment. The software is necessary to allow for focused distance measurements, providing staff dimensions in length within the infrastructure for targeting repairs and cleanings. This new equipment will enable staff to perform required inspections of the storm water infrastructure in compliance with NPDES permit conditions, as well as allow staff to be proactive in its maintenance of the infrastructure. FUNDING SOURCE Funds is proposed from account #448 - 5461 -538- 64.90, Storm Water Fund /Other Machinery and Equipment in the total amount of $18,535.00, after a budget transfer. RECOMMENDATION Staff recommends award to Environmental Products of Florida Corporation in the amount of $18,535.00 for the purchase of a new Envirosight QuickView Haloptic System for the Storm Water Maintenance Division of Public Works. HGACB . H -GA For CONTRACT Equipment RKchas s 2010 Contract SC01 -12 De Preps red: 06/17/13 This Form must be prepared by Contractor and given to End User and MARC /KCRPC. End User issues PO to Contractor, and MUST also fax a copy of purchase order to Rita Parker - KCRPC @ 816 - 421 -7758. Please type or print legibly. MARC - KCRPC Buying Delray Beach Agency: Contractor: Environmental Products of Florida Corporation Contact Mike Lopushinsky Person: Prepared By: Paul Hart Phone: 561 - 243 -7298 Phone: 561 - 719 -1395 Fax: 561 - 243 -7060 Fax: 954 - 697 -0391 Email: to push insky(Qmydelraybeach.com Email: phart(Qepofc.com Product Code: E028 Description: Q Haloptic A. Product Item Base Unit Price Per Contractor's H -GAC Contract: 15000 B. Published Options - Itemize below - Attach additional sheet if necessary - Include Option Code in description if applicable (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost QV Haloptic RearView Camera $1,500.00 Subtotal From Additional Sheet(s): Subtotal B: $1,500.00 C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost Set of 3 HD Bumper Guards $175.00 Lens based focus distance measurement 1,860.00 Subtotal From Additional Sheet(s): Subtotal C: $2,035.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A +B). For this transaction the percentage is: 12% D. Total Cost before any other applicable Charges, Trade -Ins, Allowances, Discounts, Etc. (A +B +C) Quantity Ordered: X Subtotal of A + B + C: 11 $18,535.00 = Subtotal D: $18,535.00 E. Other Charges, Trade -Ins, Allowances, Discounts, Etc. Description Cost Description Cost Subtotal E: 0 Delivery Date: 45 days ARO F. Total Purchase Price (D +E): IL $18,535.00 HGAC Contract No,: SCo1 -12 Effective Date: January 1, 2012 to December 31, 2014 Broad Categories of Equipment & Services A. Sewer Cleaners, Centrifugal Compressor Fan Type, For Truck Mounting B. Sewer Cleaners, Positive Displacement Type, For Truck Mounting C. Jet Rodders, For Truck & Trailer Mounting D. Hydro- excavators, Truck & Trailer Mounting E. Standard Portable Sewer Inspection Systems F. Explosion -Proof Portable Sewer Inspection Systems G. Sewer Inspection Vans H. Miscellaneous Sewer Equipment I, Miscellaneous Sewer Cleaning Services • Aries Industries, ine. • Cobra Technologies • ELXSI d /bra CUES • Douglas Products & Packaging Company LLC • Durand-Wayland, Me. • Economy Drilling Solutions • Envirosight, LLC • Gap Vax, Inc. • Harben, Inc. • Hi -Vac Corporation ■ KEG Technologies. Inc. ■ Kinloch Equipment & Supply ■ Mid - Atlantic Waste Systems, Inc. ■ R. S. Technical Services, Inc.. ■ Sewer Equipment Company of America ■ Super Products. LLC ■ Texas Municipal Equipment, LLC ■ Texas Underground, Inc. ■ U. S. Jetting, Inc. ■ Vacall ■ Vac Con Inc. ■ Vactor Manufacturing ■ Vactor Manufacturing / Kinloch Equipment & Supply Vendors Categories Bid Buy America 1, Aries Industries, Inc E & G Yes 2. Cobra Technologies E & G No 3, Cues E & G No 4. Douglas Products & Packaging Co. LLC I No 5, Durand - Wayland, Inc, C Yes 6, Economy Drilling Solutions D & H No 7, Envirosight, LLC E & G No 8, GapVax, Inc, B, C, D & H No 9. Harben, Inc, C No 10. Hi -Vac Corporation B, C, D & H No lx. KEG Technologies, Inc. H No 12, Kinloch Equipment & Supply, Inc, E & G No 1$. Mid- Atlantic Waste Systems, Inc. E, G &H No 14, R. S. Technical Services, Inc. E, F, G & H No 15. Sewer Equipment Co, of America C, D & H No 16. Super Products, LLC B, C & D No 17, Texas Municipal Equipment, LLC D, E & H No 18. Texas Underground, Inc. C, D, E & H Yes 19. U.S. Jetting, LLC C No 20. Vacall B & D No 21, VAC -CON, Inc. A, B, C & D Yes 22. Vactor Manufacturing, Inc. A, B, C & D No 23, Vactor /Kinloch Equipment & Supply A, B, C & D No Envirosight, LLC Contractors; Envirosight, LLC Best Equipment Co„ Inc, Environmental Products of Florida Corp. Owen Equipment Sales Owen Equipment Company Green Equipment co. Key Equipment & Supply Co. (Tulsa) Key Equipment & Supply Co. (St. Louis) Key Equipment & Supply Co. (Kansas City, ICs.) Virginia Public Works Equipment Company H -GAC Product Description Code E. Standard Portable Sewer Inspection Systems ROVVER 125 Portable Package - Includes ROVVER 125 Steerable Crawler with set of 6 small rubber wheels, set of 4 medium wheels, set of 4 large rubber wheels, set of 4 medium grease wheels, and Shipping Case, RA 200 motorized Eoii cable reel complete with Zoo meters of cable. Control unit for mounting in outpost or portable use complete with text generator, handheld pendant controller, and cherry keyboard. RC90 Color, Pan, Tilt, Zoom Camera with shipping Case and spare windshield. Pressurization ldt, lowering tool, tool ldt and manual included. System is BackEye Camera compatible. Base Offered Price $55,000 Rower 125 Truck Mount System - Includes Rower 125 Steerable Crawler with Set of 6 Small Wheels, Set of 4 Medium Wheels, Set of 4 Large Wheels, Set of 4 Medium Grease Wheels, and Shipping Case, RA 200 motorized cable reel complete with 200 Meters of Cable and 4M able from CCU to real with QuickDisconnect, Control Unit for mounting in Truck complete with Text Eo12 Generator, Desktop Pendant Controller, and Cherry Keyboard. Extra hand held $62,000 pendant, 6M Pendant Cable, and A/B Junction Box for Truck Installation, RC 90 Color, Pan, Tilt, Zoom Camera with Shipping Case and Spare Windshield. Pressurization Kit, Lowering Tool, and Rower Tool Kit included, Rower system is BacicEye Camera compatible ROWER 225 Portable Package - Includes ROWER 225 steerable crawler with set of 6 small wheel, set of 4 medium wheels, set of 4 large wheels, and BackEye Camera, RA 200 Motorized Cable Reel complete with 200 Meters of Eoi5 Cable, Portable control unit with text gernerator, handheld pendant controller, $68,000 and cherry keyboard, RC90 Color, Pan, Tilt, Zoom Camera with shipping case and spare windshield, Pressurization lit, lowering tool, tool lit and manual included. ROWER 225 Truck Mount System - Includes Rower 225 Steerable Crawler with Set of 6 Small Wheels, Set of 4 Medium Wheels, Set of 4 Large Wheels complete with Backeye Camera. RA 200 Motorized Cable Reel complete with 200 Meters of Cable and 4M able from CCU to real with QuickDisconnect, Control Unit for mounting in Truck complete with Text Generator, Desktop Pendant Controller, and Cherry Keyboard, Extra hand held pendant, 6M Eo16 pendant Cable, and A/B Junction Box for Truck Installation. RC90 Color, Pan, $73000 Tilt, Zoom Camera with Shipping Case and Spare Windshield, Pressurization Kit, Lowering Tool and Rovver Tool Kit included, QuickView Professional 24 Package System includes Camera head with HID Lighting, 432:1 color zoom camera, and basic object measurement. Joystick control box, 40' Extreme Armored Cable, Battery Pack with Charger, and Light E025 Diffuser, 24' Carbon Fiber Pole with spring loaded centering device/ $10,000 standoff, Operator vest to hold cable, control box, batter, and sunshade pouch, Wide Angle Lens and Pressurization lit for Manhole Inspections, Tool lit, manual, and shipping /carrying case also included, SuperVision 140 Package - Includes SV140 crawler, TR350 automatic reel with Eo17 rear pendant, Control unit, desktop pendant,115oft of cable, bottom roller, pan $97,000 and tilt Zoom (40x) camera, pressurization lit,lowering tool and manual. DigiSewer Package for Rovver 125 & 225 - DigiSewer camera head, USB Eo18 adaptor box, WinScan software module, Does not include computer or WinCan $50,000 V8. SuperVision 140 / 350 System including SV SAT System (for lateral Eo1 9 launch) with 140 Crawler and SV SAT Pan/Tilt Lateral Launch System $90,000 including SAT crawler, pan /tilt push camera head and auxilliary cable reel with loo' push cable assembly SuperVision SAT System (for lateral launch) including SV Control Components E020 and 350 Cable Reel, SAT crawler, pan /tilt push camera head, and auxilliary $140,000 cable reel with loo' push cable assembly QuickView Basic 18 North American System includes Camera head with HID Lighting, 432:1 color zoom camera, and basic object measurement. Joystick Eo24 control box, 40' Extreme Armored Cable, Battery Pack with Charger, and Light $ 8 Diffuser. 18' Telescoping Pole with spring loaded centering device/ ,500 standoff. Operator vest to hold cable, control box, batter, and sunshade pouch. Tool lit, manual, and shipping /carrying case also included. QuickView Professional 24 Package System includes Camera head with HID Lighting, 432:1 color zoom camera, and basic object measurement. Joystick control box, 40' Extreme Armored Cable, Battery Pack with Charger, and Light E025 Diffuser, 24' Carbon Fiber Pole with spring loaded centering device/ $10,000 standoff, Operator vest to hold cable, control box, batter, and sunshade pouch, Wide Angle Lens and Pressurization lit for Manhole Inspections, Tool lit, manual, and shipping /carrying case also included, ROWER X Portable Package. Standard portable package includes RCX90 zoom camera with dual lasers, ROWER X 13o 6 -wheel steerable crawler with inclination / pitch sensors and sonde transmitter, pendant controller with Eo26 viewing, text generation, crawler control, cable reel control, camera control, $59,750 digital video and still image recording, remote internet based diagnostics and firmware upgrade, full digital output, auto reel with l000' of cable, and 3 additional wheel sets for 6 -15" dia, pipe centering, VeriSight Pro 200' Push Camera with Digital Viewer /Recorder. Standard E027 Package with 200' cable, self - leveling camera, tri- frequency sonde, battery $9,570 powered control unit with viewing, control, text generation, recording and digital output, accessories case with USB memory stick, 3 skids, and tooling. QuickView Haloptic System. QV Haloptic camera head with Sony 1020 E028 camera module, vest - mounted camera control unit, battery pack with charger, $15,000 24 carbon -fiber pole, operator vest, wireless dual (2) 3.6 monitor /recorders with pole mount and storm shipping case. Envirosight Jet Cam System, Remote color video camera with cleaning and E029 propulsion nozzles, video receiver, control unit with LCD viewing screen and $45,000 documentation software, skid. G. Sewer Inspection Vans ROWER 125 Truck Mount System and Upfit (Conversion) to Freightliner or Dodge Sprinter Van (purchased by Customer). Upfit includes Generator, G018 Operators Area /Studio, Equipment Area conpleate with generator $ 85,000 compartment, washdown system, accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER 125 Truck Mount System and Economy EZ Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer). Upfit includes Go19 Generator, Operators Area /Studio, Equipment Area conpleate with generator $84,500 compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER 125 Truck. Mount System and Standard XL Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer), Upfit includes G020 Generator, Operators Area /Studio, Equipment Area conpleate with generator $89,5oo compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER 125 Truck Mount System and Upfit (Converision) to Ford /Chevrolet or GMC Cutaway (purchased by customer) with a 14', or 16' Van Body, Upfit Go21 includes Generator, Operators Area /Studio, Equipment Area complete with $92,000 generator compartment, Washdown System, and Accessory and Tool storage drawers, and Interior & Exterior Lighting. 7X12 Trailer - ROWER 125 Truck Mount System with Economy EZ Buildout G022 including Generator, Operators Area /Studio, Equipment Area with Generator $ 87,000 Compatment, Washdown System, and Accossory and Tools stoarge drawers, and Interior & Exterior Lighting, 7X12 Trailer - ROWER 125 Truck Mount System with Standard XL Buildout Got 3 including Generator, Operators Area /Studio, Equipment Area with Generator $98,000 Compatment, Washdown System, and Accossory and Tools stoarge drawers, and Interior & Exterior Lighting, SuperVision 14o Truck Mount System and Upfit (Conversion) to Freightliner or Dodge Sprinter Van (purchased by Customer). Upfit includes Generator, G024 Operators Area/ Studio, Equipment Area conpleate with generator $130,000 compartment, washdown system, accessory and tool storage drawers, and Interior & Exterior Lighting. Supervision 140 Truck Mount System and Economy EZ Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer), Upfit includes Go25 Generator, Operators Area /Studio, Equipment Area conpleate with generator $119,500 compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting. SuperVision 14o Truck Mount System and Standard XL Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer), Upfit includes Go26 Generator, Operators Area /Studio, Equipment Area conpleate with generator $124,500 compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting, SuperVision 14o Truck Mount System and Upfit (Converision) to Ford /Chevrolet or GMC Cutaway (purchased by customer) with a 14', or 16' G027 Van Body. Upfit includes Generator, Operators Area /Studio, Equipment Area $127,000 complete with generator compartment, Washdown System, and Accessory and Tool storage drawers, and Interior & Exterior Lighting. 7X12 Trailer - SuperVision 14o Truck Mount System with Economy EZ G028 Buildout including Generator, Operators Area /Studio, Equipment Area with $122,000 Generator Compatment, Washdown System, and Accossory and Tools stoarge drawers, and Interior & Exterior Lighting, 7X12 Trailer - SuperVision 14o Truck Mount System with Standard XL Buildout G029 including Generator, Operators Area /Studio, Equipment Area with Generator $133,000 Compatment, Washdown System, and Accossoiy and Tools stoarge drawers, and Interior & Exterior Lighting, ROWER X 13o Truck Mount System and Upfit (Conversion) to Freightliner, Dodge or Mercedes Benz Sprinter Van (purchased by Customer), Upfit G030 includes Generator, Operators Area /Studio, Equipment Area complete with $98,5oo generator compartment, washdown system, accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER X 13o Truck Mount System and Economy EZ Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer). Upfit includes G031 Generator, Operators Area /Studio, Equipment Area complete with generator $88,000 compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER X 13o Truck Mount System and Standard XL Upfit (Conversion) to Ford /Chevrolet or GMC Cargo Van (purchased by Customer). Upfit includes G032 Generator, Operators Area /Studio, Equipment Area complete with generator $93,000 compartment, washdown system, and accessory and tool storage drawers, and Interior & Exterior Lighting. ROWER X 13o Truck Mount System and Upfit (Conversion) to Ford /Chevrolet or GMC Cutaway (purchased by customer) with a 14', or 16' G033 Van Body. Upfit includes Generator, Operators Area /Studio, Equipment Area $955,000 complete with generator compartment, Washdown System, and Accessory and Tool storage drawers, and Interior & Exterior Lighting. 7X12 Trailer - ROWER X 13o Truck Mount System with Economy EZ Buildout Go34 including Generator, Operators Area /Studio, Equipment Area with Generator $90,500 Compartment, Washdown System, and Accessory and Tools storage drawers, and Interior & Exterior Lighting, 7X12 Trailer - ROWER X 130 Truck Mount System with Standard XL Buildout Go35 including Generator, Operators Area /Studio, Equipment Area with Generator $ 1 01,500 Compartment, Washdown System, and Accossory and Tools storage drawers, and Interior & Exterior Lighting, MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: August 8, 2013 SUBJECT: AGENDA ITEM 8.0.4 - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 PURCHASE AWARD/ ODYSSEY MANUFACTURING, CO ITEM BEFORE COMMISSION An award to Odyssey Manufacturing, Co. in the amount of $48,010.00 for the purchase and installation of a sodium hypochlorite tank for use at the Water Treatment Plant (P/N 2012 -084). BACKGROUND The existing 10,000 gallon bleach storage tank at the Water Treatment Plant has been deteriorating over the years to the point where it is becoming un- repairable. Therefore, staff programmed the replacement of the tank in this year's Capital Improvement Plan (FY12 -13). Through a formal bid process, the City opened bids for this project on August 6, 2013. Two bids were received; one from Odyssey Manufacturing, Co. in the amount of $48,010.00 and one from Intercounty Engineering, Inc. in the amount of $68,718.00. References for Odyssey Manufacturing, Co. are favorable. The tank will come with 5 year manufacture's warranty. Upon award, the contractor will execute the City's "Standard Form of Agreement Between the City and Contractor ". FUNDING SOURCE Funding is from account #442 - 5178 -536- 64.90, Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment in the total amount of $48,010. RECOMMENDATION Staff recommends award to Odyssey Manufacturing, Co. in the amount of $48,010 for the WTP Sodium Hypochlorite Storage Tank replacement project (P/N 2012 -084). Z F Q O r w a O S V a } T 7 N m rq °o C O lC C7 Q p p O o pQ O O 0 p C p O Q u a s r � ~ Q 7 7 � a Q O w � N :h O O cd n o m o cd n Z � Z d [Y � a l7 � uzi 9�] F O 2 N > Q } 9 z O 0 } U r .-1 rf r1 � U) W _N O r Z 7 N L_ N E C v 0 m � c Y o - W ~ m -° v Q � C C C N -a m ... C 7 m " O N d V V R N EO N M Q a O o > m 0 EU c 5 tom - MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 CONDITIONAL USE REQUESUST. GEORGE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request for St. George to allow a free - standing multiple family development in the GC (General Commercial) zoning district located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard (1023 North Federal Highway). BACKGROUND The property consists of Lots 8 and 9 (2.91 acres), Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9, Township 46 South, Range 43 East and Parcel "B" (0.288 acres) of the Court Yards at Martel Arms. The combined property consists of 3.198 acres. The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC and RM. The property contains an existing commercial structure that was constructed in 1959. The applicant proposes to demolish the existing commercial structure and construct a 38 -unit multiple family townhouse development. Pursuant to LDR Section 4.4.9(D)(10), stand -alone multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The portion of the site zoned RM allows the residential use as a permitted use subject to performance standards of LDR Section 4.4.6(I). At its meeting of July 15, 2013, the Planning and Zoning Board recommended approval of a development proposal for the multiple family development. The Planning and Zoning staff recommended approval of the proposal subject to the proposed driveway connection to NE 7th Avenue being eliminated. This was to avoid adding traffic from this development to the existing residential neighborhood to the south as reciprocal access to Federal Highway for the existing residents was not provided. At the Planning and Zoning Board meeting the applicant offered to provide the residences to the south the means to access the gate (i.e. clicker, window shield reader, etc.) in addition to street /landscape /water service improvements along NE 7th Avenue. The Planning and Zoning Board felt that these concessions adequately addressed the cross access concerns and impacts on the existing neighborhood. The recommended conditions of approval were modified to reflect the changes. Following the Planning and Zoning Board meeting, the applicant has revised the development proposal to eliminate the agreed upon cross access for the residences along SE 7th Avenue. The north bound vehicular travel lane has been converted to a 6 -foot wide lane that is purported to be an ingress point for golf carts and bicycles. It is noted that the control arm has been eliminated in this northbound lane. Given the lateness of this development revision, staff has not had the opportunity to adequately review these changes. However, this revision is not consistent with the Planning and Zoning Board's condition that the applicant provides cross access for the existing neighborhood to Federal Highway. It does reduce the automobile traffic impact on the existing neighborhood by approximately half but this is offset by additional trips for golf cart. It is conceivable that the Planning and Zoning Board would have recommended closure of this access point (as recommended by staff) if it was the proposal under this scenario. Staff does not support the development proposal as currently configured and if approved it is recommended that it be subject to the condition listed below which would require either cross access as supported by the Planning and Zoning Board or elimination of the connection to NE 7th Avenue. RECOMMENDATION Move approval of the conditional use request to allow a free- standing multiple family development in the GC zoning district for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(I), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That an easement be provided and city- approved bus shelter installed onsite. 3. That the landscape plan be revised to indicate that 20 -foot high trees be planted along the north property line adjacent to the RL zoned property. 4. That the required 25 -foot front setback be provided for the RM zoned townhomes. 5. That the townhomes be revised to allow a minimum garage depth of 19 feet provided that storage areas are included within the garage. If the storage areas are not provided, the minimum depth shall be 20 feet. 6. That a CCTV camera be provided at the pool/clubhouse area and replace the chain link fence with a rod iron fence. 7. That the equipment for the play area is provided and that they are oriented toward toddlers. 8. That the street connection to NE 7th Avenue be eliminated or cross access is provided through the new development to Federal Highway as recommended by the Planning and Zoning Board. The Home Owners Association documents need to include this responsibility of the Association in perpetuity. The documents will also need to identify that there will be no cost to those residences along NE 7th Avenue for this access. 9. If approved as recommended by the Planning and Zoning Board, the landscaping, sidewalk, speed humps, street lighting, improved water service, and street paving are provided as noted on the exhibit provided at the Planning and Zoning Board meeting for NE 7th Avenue (north of George Bush Boulevard) subject to approval of the City Engineer. 10. If approved as recommended by the Planning and Zoning Board, a landscape maintenance agreement be provided for the landscape improvement along NE 7th Avenue and that the homeowners of the St. George project will be responsible for the costs associated with this landscaping including maintenance, irrigation, and water meter. The Home Owners Association document needs to reflect this responsibility of the Association in perpetuity. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR ST. GEORGE 1. This conditional use request has come before the City Commission on August 20, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for St. George. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(1)(10), stand -alone multiple family developments are considered conditional uses in the "GC" (General Commercial) zoning district. a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met subject to the attached conditions? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. 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. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to the conditions of approval attached hereto in Exhibit "A ". The City Commission hereby adopts this Order this 20th day of August 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Cary D. Glickstein, Mayor EXHIBIT "A" CONDITIONS OF APPROVAL FOR ST. GEORGE 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" — Technical Items" attached in the staff report. 2. That an easement be provided and city- approved bus shelter installed onsite. 3. That the landscape plan be revised to indicate that 20 -foot high trees be planted along the north property line adjacent to the RL zoned property. 4. That the required 25 -foot front setback be provided for eh RM zoned townhomes. 5. That the townhomes be revised to allow a minimum garage depth of 19 feet provided that storage areas are included within the garage. If the storage areas are not provided, the minimum depth shall be 20 feet. 6. That a CCTV camera be provided at the pool /clubhouse area and replace the chain link fence with a rod iron fence. 7. That the equipment for the play area be provided and that they be oriented toward toddlers. 8. That the street connection to NE 7t" Avenue be eliminated or cross access is provided through the new development to Federal Highway as recommended by the Planning and Zoning Board. The Home Owners Association documents need to include this responsibility of the Association in perpetuity. The documents will also need to identify that there will be no cost to those residences along NE 7t" Avenue for this access. 9. If approved as recommended by the Planning and Zoning Board, the landscaping, sidewalk, speed humps, street lighting, improved water service, and street paving are provided as noted on the exhibit provided at the Planning and Zoning Board meeting for NE 7t" Avenue (north of George Bush Boulevard) subject to approval of the City Engineer. 10. If approved as recommended by the Planning and Zoning Board, a landscape maintenance agreement be provided for the landscape improvement along NE 7t" Avenue and that the homeowners of the St. George project will be responsible for the costs associated with this landscaping including maintenance, irrigation, 3 and water meter. The Home Owners Association document need to reflect this responsibility of the Association in perpetuity. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: July 15, 2013 AGENDA ITEM: VILA. ITEM: Conditional Use Request for St. George to Allow a Free Standing Multiple Family Development in the GC (General Commercial) Zoning District on the East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. �p 14TH ST. GENERAL DATA: (LAKE AVE, Applicant/Owner......... KH Sandcastles, LLC i r � LJ Agent ......................... Richard Jones Architecture, Inc. Location... ....................... East Side of North Federal Highway, I f approximately 360 feet north of ".E.12TH 5T. George Bush Boulevard -_ Property Size .................. 3.198 acres 11TH ST Future Land Use Map..... GC (General Commercial) & MD (Medium Density 5 -12 du/acre) I Q T H ST Current Zoning GC General Commercial & RM; (Medium Density Residential) Adjacent Zoning.... North: GC & RL (Low Density Residential) East: RM (Multiple Family Residential — ' GEORGE Medium Density) South: GC & RM West: GC Existing Land Use.......... Vacant Commercial/Vacant multifamily N. E. m Proposed Land Use.. .... Conditional Use Request for a Proposed Stand Alone Multiple ° N.E. Family Project Known as St. George Water Service ................. Existing on site Sewer Service ................ Existing on site BUSH 0 LAKE VII.A. The action before the Board is making a recommendation to the City Commission on a conditional use request for St. George to allow a free - standing multiple family development in the GC (General Commercial) zoning district (LDR Section 4.4.9(D)(10)j, pursuant to Land Development Regulation (LDR) Section 2.4.5(E): The property is located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard (1023 North Federal Highway). B�tRt7 17D Cfi,i3E R1LTlI The property consists of Lots 8 and 9 (2.91 acres), Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9, Township 46 South, Range 43 East and Parcel "B" (0.288 acres) of the Court Yards at Martel Arms. The combined property consists of 3.198 acres. The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC and RM. The property contains an existing commercial structure that was constructed in 1959. At its meeting of March 22, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a ix =dweffn. —waits o.n -the - Co.urt-yar-_d --at --Wrt . _ __ _ . _ a�cel�hat�ntil�beri�cor into the St. George development. It is noted that these units were never constructed. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board reaffirmed the approval to construct six dwelling units on the subject property. These units have also not yet been constructed. At its meeting of June 6, 2006, the City Commission approved a conditional use to allow a free- standing multiple family development consisting of 33 townhouses on the balance of the property. The site plan was subsequently approved by the SPRAB at its meeting of July 12, 2006. This development was never constructed. The applicant proposes to demolish the existing commercial structure and construct a 38 -unit multiple family townhouse development. Pursuant to LDR Section 4.4.9(D)(10), stand -alone multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The portion in the RM district is allowed as a permitted use subject to performance standards of LDR Section 4.4.6(1). The applicant has submitted a conditional use application for the townhouses on the GC parcel and is now before the Board for consideration. .. ....... ... REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. .... 1...... __ 17EIVI EIRE SHE BOARD The action before the Board is making a recommendation to the City Commission on a conditional use request for St. George to allow a free - standing multiple family development in the GC (General Commercial) zoning district [LDR Section 4.4.9(D)(10)], pursuant to Land Development Regulation (LDR) Section 2.4.5(E): The property is located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard (1023 North Federal Highway). ��RCCtJND�i�I�� .FEGTmm���,CF��P7lC�f�'- The property consists of Lots 8 and 9 (2.91 acres), Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9, Township 46 South, Range 43 East and Parcel "B" (0288 acres) of the Court Yards at Martel Arms. The combined property consists of 3.198 acres. The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC and RM. The property contains an existing commercial structure that was constructed in 1959. At its meeting of March 22, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a sit on t am Pl. fihat will be�ico po�ted�rrt� the St. George development. It is noted that these units were never constructed. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board reaffirmed the approval to construct six dwelling units on the subject property. These units have also not yet been constructed. At its meeting of June 6, 2006, the City Commission approved a conditional use to allow a free - standing multiple family development consisting of 33 townhouses on the balance of the property_ The site plan was subsequently approved by the SPRAB at its meeting of July 12, 2006. This development was never constructed. The applicant proposes to demolish the existing commercial structure and construct a 38 -unit multiple family townhouse development. Pursuant to LDR Section 4.4.9(D)(10), stand -alone multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The portion in the RM district is allowed as a permitted use subject to performance standards of LDR Section 4.4.6(1). The applicant has submitted a conditional use application for the townhouses on the GC parcel and is now before the Board for consideration. w Ct}NI]ITIONA(�S Al�►IIS REQUIRED FINDINGS (Chapter 3): . ...... ....... Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The majority of the property has a Future Land Use Map and Zoning District designation of GC (General Commercial). Pursuant to LDR Section 4.4.9(D)(10), free - standing multiple- family housing is allowed as a conditional use in the GC zoning district. Pursuant to the North Federal Highway Redevelopment Plan: "The City encourages additional residential development in the study area. There are few vacant building lots within the existing residential neighborhoods and new development on these lots within the existing residential neighborhoods and new development on these lots is limited to infill single and low density multiple family housing." The North Federal Highway Redevelopment Plan further indicates that: "The potential for mixed -use development consisting of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in the same area saves time and reduces dependence on the automobile." The "stand- alone" multiple family development will, in part, meet the goal of providing additional residential units in the study area. However, the development proposal fails to provide a commercial component that will encourage the livelwork scenario envisioned by the North Federal Highway Redevelopment Plan, which indicates that: "the bottom floors of the buildings along the highway should be for commerce and other non - residential uses. Upper floors should be dominated by offices and residences" Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map since the proposed development provides the residential - -rarrr star en re - e o - d -erar Firg ay R � eve o-prne ar "esp�r a WIS-CrMr e commercia - - -- component. The City has been a similar finding with the previous multiple family development for the property and with the Old Palm Grove Development at the intersection of Federal Highway and Estuary Way. CONCURRENCY :__ Facilities which are provided _by, _or through, the City shall-be- provided - to - - -- new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via extension of a water main along the interior loop road. Sewer service is available via an existing 8" main along the south side of the property. Adequate fire protection will be provided via installation of two fire hydrants interior to the property and by an existing fire hydrant along Federal Highway. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The conceptual engineering plans indicate that stormwater drainage will be accommodated via sheet flow to catch basins and an exfiltration trench system. It is noted that the storage capacity.of the. drainage..system will be reviewed. as. part of the.site.plan and building permit processes. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic study that indicates that the proposed development will generate a net increase of 266 average daily trips, 24 a.m. peak hour trips, and 27 p.m. peak hour trips. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 3 Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $19,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 38 dwelling units will generate 19.76 tons of solid waste per year (38 units x 0.52 tons = 19.76 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of concurrency has been received from the Palm Beach County School District. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5 (E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the -- - - -- o awing- app ica e-o 1e rves�arr -po rcl'- ices— tha evan h� ot� t rona - $e app lca tons are noted: Future Land Use Element Objective A -1 Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic,_ and other applicable_ physical_ considerations, is complimentary_ to adjacent land - - - uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and be a catalyst for growth in the area. However, the development proposal includes a street connection to NE 7tr Avenue which will provide an outlet for development traffic southbound to George Bush Boulevard. This will cause a negative impact to the existing residences between the proposed development and George Bush Boulevard with respect to traffic_ The proposed gate allows ingress and egress to NE 7 I Avenue for the resident's of St. George, however, conversely bars cross access for the existing residences to Federal Highway. Therefore, the existing residents on NE 7t" Avenue receive all the impact and none of the benefit. The applicant states "This vehicular access is an essential part to this proposed project. Removing this access would pose problems with the fire truck turning requirements at the east end on the site." The Fire Department has indicated that elimination of this street connection would not create an issue for emergency vehicles since the backing distance does not .........exceed-the. 150. foot. maximum. prescribed distance.... Thus, the. development .is not. complimentary to the residential neighborhood to the south since it asks them to accept the traffic impact without providing a reciprocal benefit of a short cut to Federal Highway. Thus, the best solution is to eliminate the vehicular access and this is attached as a condition of approval. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 4 Future Land Use Element Policy C -1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right - of -way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area trust be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both_ the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential only proposal helps to fulfill several of the items listed above. Transportation Element Policy A -1.5: New residential projects over 25 unfits and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. There is an existing bus stop along Federal Highway in the southern portion of the development. Thus, the applicant will be required to provide an easement and install a city - approved bus shelter on site and this is attached as a condition of approval. Transportation Element Policy A -2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right -of -way of adjacent streets. Such dedication shall also include sufficient right -of -way for expansion of in.te.rsections..pursuant...to th.e...Palm..Beach County..Thoroughfare. Right-of-Way.. Identification Map. Per LDR Section 5.3.1(A)(3) and Table T -1 of the Transportation Element, the required right -of -way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. Given the location of the subject, the full 10 -foot dedication would need to be dedicated from the subject property. The City has received an e-mail from the FDOT (State of Florida Department of Transportation) that indicates that no further dedication of right -of -way is necessary. It is noted that up till now FDOT has required full dedication to meet the 120 -foot wide right -of -way for Federal Highway. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 5 Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle racks at the recreational facilities. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A -3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes a 20 -foot by 34 -foot play area adjacent to the pool and open air pool house. The pool house includes an outdoor pool table for older children, however, the play area does not include details of the play equipment. A condition of approval is attached the plans be revised to include details of the play equipment and that they be oriented toward toddlers. Based on -the above, a positive finding can be made subject to the condition that the- equipment for the play area be provided and that they be oriented toward toddlers. Housing Element Policy A -11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. As noted previously, the development proposal includes a street connection to NE 7th Avenue. This connection includes a vehicular and pedestrian gate that restricts access to the public street exclusively to the resident's of the townhouse project. This creates a situation that the St. George vehicular traffic will be able to "cut- through" to George Bush Boulevard and does not reciprocate by providing those existing residences on NE 7th Avenue access to Federal Highway. Thus, the residences of that existing dead -end street will bear the additional traffic impact without the benefit of cross access to Federal Highway. This traffic circulation modification is detrimental to the adjacent neighborhood and therefore should be prohibited. The elimination of this connection has been attached as a condition of approval. Housing Element Objective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B -2.2 - The.devel.opm..e.n. t of new ad_uIt orie.. rated communities within the... ..................... City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units, This project will not be excluded to occupancy by adults only. The project does not provide the desired mix of household types since all are three bedroom dwellings. The development does provide the facilities for children of different ages including a pool table for the older kids and a play area for Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 6 the toddlers. It is noted that the project plans need to be revised to include the "Play Area" equipment. While the project does not meet this policy, the project does provide a balance of larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has been partially met. Policy B -2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development essentially provides two varieties of floor plans that are in the same color and style. Thus, the proposed development is not consistent with this Policy. Housing Objective A -12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housinq Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as Noise, odors, dust, traffic - volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and — —s a r sr ex ams I is de erne a a propose - eve opmen wF resu tin a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the street connection to NE 7th Avenue will place additional vehicle trips onto this local road that has been a dead end street. Conversely, the applicant proposes to install a gate that will prevent these people from having a reciprocal benefit -of -a short- cut - access -to- Federal - Highway. While the vehicle trips will be low, there will be a negative impact on the neighborhood to the south. The solution is to eliminate the vehicular connection and this is attached as a condition of approval. Performance Standards: Per LDR Section 4.4.6(1)(1), in order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the ....... interior and exterior. street . network.... This can. be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The circulation system consists of a loop road that connects Federal Highway to NE 7th Avenue. The remainder of the system essentially consists of internal drives that provide access to the townhome driveways. The system will keep speeds at or below 20 m.p.h. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 7 (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The townhouse groups consist of 2, 4, and 6 -unit structures. The buildings are offset with significant plane changes. The building configuration and plane changes will reduce the massing of the structures, which will provide a feeling of open space. Based on the above, a finding can be made that this development substantially complies with this performance standard provided that the massing of the townhouses are reduced. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is bordered, in part, on the north by RL (Low Density Residential) zoning district, which has a lower allowed density than the subject property. The required standard setback along the northern property line is 10 feet from the property line. Thus, the enhanced setback is ­--12--51 ete --T is-en arrce -se ac -ptes�crt Ltve�a em- "M'g-arffT-aTtu�ildfrfg-g-r-oup #1--Tftls unit complies with this requirement since a setback of 14.5 feet has been provided. Per LDR Section 4.6.16(E)(5), trees are required to be a minimum of 16 feet at the time of planting. With the added height requirement, the trees along the north side of the easterly unit of building #1 need to be a minimum of 20 feet at the time of planting. The landscape plan indicates that 14- foot to _ 16- foot Silver_ Buttonwood_ trees_ will be _ planted_ in this area. _A condition- of approval- is -- - attached that the landscape plan be revised to indicate that 20 -foot high trees be planted in this area. It is noted that an alternative species will likely need to be provided since Silver Buttonwood trees of this height is problematic. Based on the above, the development has demonstrated compliance with this performance standard, subject to the condition of approval. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi - family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building style of the development is a Bermuda influence. The roof line varies in height and includes white tiles. The facades offer offsets with varying architectural appurtenances including window, garage, and door treatments. The aesthetics of the proposed development will be an asset to North Federal Highway and the neighborhood. A finding can be made that the development substantially. complies. with. this. performance. standard....... . ....... . (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development proposal consists of 38 three - bedroom dwelling units with two basic floor plans. It is noted that one of the units includes an option for a fourth bedroom. While this Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 8 performance standard has not been met, the proposed development will provide an opportunity for families to locate near the downtown area and offers a balance from the smaller one and two bedroom developments that the City has experienced in the core downtown area. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. Pursuant to LDR Section 4.4.6(1)(2), some referenced standards may not be applicable for small infill -type projects. As this is an infill project, compliance with this standard is not applicable. (g) The project provides a convenient and extensive bicycle /pedestrian network, and access to available transit. A City approved bus shelter and mass transit easement needs to be provided per City of Delray Beach Comprehensive Plan, Policy A -1.5. New residential projects with over 25 units adjacent to existing or future Palm Tran bus stops are required to provide an easement and install a City approved bus shelter on site. There is an existing bus stop along Federal Highway at the - southern end of the property. Thus, the development needs to provide an easement on the private property and install a bus shelter and this is attached as a condition of approval. Summary: In conclusion, the applicable performance standards are (a), (b), (d), (e), and (g). To achieve the proposed 11.88 dwelling units per acre, the applicant should substantially meet all applicable standards. _ A_ finding _ that the project substantially complies with performance standard (e) [floor plan -- -- variety] cannot be made. Per LDR Section 4.4.6(1)(2), it is acknowledged that some of the performance standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. Given the relatively small size of the project, attainment of a variety of floor plans is problematic. The architectural design of the project will result in a superior product that will elevate and enhance the aesthetics of North Federal Highway and will be an asset to the community. Based on the above, a finding that the performance standards have been attained to the extent that would warrant approval of the density. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within ........ ... .. .... . .......which..it.will be located;..... B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south and west by GC (General Commercial) zoning and on the east and south by RM (Multiple Family Residential — Medium Density). Further, the property is bordered partially on the north by RL (Low Density Residential). The proposed multiple family development will have a stabilizing effect on the residential neighborhoods to the east and south. There is a concern with the street connection as proposed by the applicant. This vehicular connection will add vehicles onto a dead -end road, which will have an impact on the adjacent Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 9 residential neighborhood. The applicant has indicated that this connection is an essential element to the development proposal. The primary access to the development is from Federal Highway and the access point only serves as a short cut and its removal is recommended. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. LDR Section 4.3.3(0) (Townhouse Design Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LDR Sections 4.3.3(0)(4)(a) through (d): a) No more than two townhouses may be constructed without providing a front setback of no less than 4' offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The 4 -foot offset has been provided. b) No townhouse row shall consist of more than S units or a length of 200'. The maximum townhouse row consists of six dwelling units, which are 150 feet in length, thus meeting this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. The garages are oriented toward the interior street system. External walkways are provided along Federal Highway. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact fee) is considered adequate. It is noted, however, that 29.5% of the site will be landscape /open space area, which can be used for passive recreational purposes. The recreation opportunities include a pool, toddler.play.are.a,.outdoor pool table.,..barbeque. facility,.. and cabana. ............ Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 10 Parking Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi - family residential structures must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space /unit • One bedroom dwelling unit 1.5 spaceslunit • Two or more bedroom dwelling unit 2 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit - Based on the above, the proposed development (38 three- bedroom - dwelling units) is required to provide 91 parking spaces. The development proposal complies with this requirement since a total of :.. - a esare r ded- rivewar6 =gamy , - - ce spaces . Townhouses and Townhouse Type of Development: Setbacks: Pursuant to LDR Section 4.3.3(0)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in -lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five (25) feet for a two -story structure. The proposed separation between the two story townhouses 214 and 315 is 15.5 feet. The applicant has submitted an internal adjustment request that will be considered as part of a subsequent site plan application by the Site Plan Review and Appearance Board. The applicant indicates that this reduction is due to a desire to promote a village concept and provide an intimate feeling. However, it could be argued that the reduction allows two additional dwelling units and defies the intent of the code to provide adequate area for air and light circulation within a townhouse development. This building separation is required in -lieu of side and rear setbacks. Thus, the development takes advantage of not only the elimination of these setbacks but requests reduction of the replacement separation. It is also noted that the project is not located in the core downtown area, which encourages the more compact urban development. Rather, the property is essentially a vacant property outside of a dense urban core that does not warrant reduction to building separations. Per LDR Section 4.4.9(F)(2)(a), parcels shall have a minimum front building setback of five feet (5') measured from the ultimate right -of -way lme. The maximum setback shall be fifteen. feet.. (1.5').,...unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply with this standard. Several of the dwelling units in building #2 and #6 exceed the maximum 15 -foot building setback. The applicant has submitted a waiver request from this development requirement and it will be considered by the Site Plan Review and Appearance Board as part of the subsequent site plan process. Per LDR Section 4.3.4(K), the front setback for the two units (building #8) that are zoned RM is 25 feet and 20 feet is proposed. The building will need to be moved 5 feet to the south to accommodate the required 25 -foot front setback and this is attached as a condition of approval. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 11 Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for 100' of clear stacking in advance of all guardhouses or security gates and 14 feet is provided for the gate at NE 7th Avenue. While staff recommends elimination of this vehicular, if it is allowed, a waiver will be necessary and would be considered as part of the subsequent site plan process. Dead -end Parking Bays: Per LDR Section 4.6.9(D)(4)(c), dead -end parking bays are discouraged, but when site conditions dictate that there be dead -end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. Since the width of the travel lanes has been reduced to 22 feet wide, the required maneuvering area is consequently reduced to 22 feet. However, the depths of the proposed maneuvering areas are 9'5", 55, and 5'. The depths of the two substandard maneuvering areas need to be increase to 6 feet, which will be addressed as part of the site plan process. rnotometric Tian: —p amee rrc—p was— e — enTons ra e�corrrp race i y s i urrirna IOn YY4 � standards except for the surface parking area near the recreational facilities. Per LDR Section 4.6.8(A)(3), the minimum illumination level is 1.0 foot candles and 0.2 foot candles is proposed. The photometric plan needs to be revised to correct this deficiency as part of the site plan process. Other Issues: Garage Depth: In order to provide adequate area within the garage to safely park vehicles and have enough space remaining for people to negotiate, a minimum depth of 20 feet needs to be provided in the garages. The proposed garages are 19 feet deep. A condition of approval is attached that the garages be redesigned to provide a minimum depth of 20 feet. CPTED (Crime Prevention Through Environmental Design): The Police Department has reviewed the development proposal for CPTED elements that would improve the safety of the resident's and commented that a CCTV camera be provided at the pool /clubhouse area and replace the chain link fence with a rod iron fence. These crime prevention elements are attached as conditions of approval. . ......... ...... ... ... . .... .... ... ........ The proposed development is not in an area that requires review by the Downtown Development Authority (DDA). Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the development proposal at its meeting of May 23, 2013 and recommended approval. Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 12 Site Plan Review and Aooearance Board: If the Conditional Use request is approved, a site plan application will be processed with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Neighborhood Advisory Council ➢ Estuary ➢ Palm Trail ➢ Delray Citizen's Coalition ➢ Martell Arms ➢ La Hacienda ➢ Kokomo Key _ 1—pubircrrrot tee" 111 as eenrpro-,n- e o -tsrWe owrrer�w rrr"a_ _ _ . __ -r� r��ofW _ef h su jec property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. The proposed street connection to NE 7th Avenue is not supportable since it will cause additional traffic on the local street without providing a benefit to those existing residences. Based on this and the analysis in this staff report, the street connection needs to be eliminated. The elimination will ensure compatible with the adjacent residential neighborhood to the south. The proposed development will increase the customer base for the commercial uses along North Federal Highway. The development will be an aesthetic asset to the North Federal Highway area and the adjacent neighborhoods. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties that support the requested multiple family project provided the street connection is eliminated. A. Postpone with direction. B. Move a recommendation of approval of the conditional USe request to allow a free - standing multiple family development in the GC zoning district for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request to allow a free - standing multiple family development in the GC zoning district for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Planning and Zoning Board Staff Report: 07/15/13 St. George - Conditional Use Request Page 13 Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations. -- EC�MME[1Dt1�Qti Afi[Q1 Move a recommendation of approval of the conditional use request to allow a free- standing multiple family development in the GC zoning district for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That the street connection to NE 7th Avenue be eliminated. 3. That an easement be provided and city - approved bus shelter installed onsite. 4 That the landscape plan be revised to indicate that 20 -foot high trees be planted along the north property line adjacent to the RL zoned property. 5. That the required 25 -foot front setback be provided for the RM zoned townhomes. 6. That the townhomes be revised to provide a minimum garage depth of 20 feet. 7. That a CCTV camera be provided at the pool /clubhouse area and replace the chain link fence - with a rod iron fence. 8. That the equipment for the play area be provided and that they be oriented toward toddlers. Attachments: • Conceptual Plans & Location Map Report prepared by: Scott Pape, AICP, FCP, Senior Planner N. E. 14TH ST. N.E. 13TH ST. Li Q r Q x c� x 1 N. E. 11TH ST. n c 2 ci) : -vnMai L1 7 N.E. 9TH ST. Q — w GEORGE BUSH '-N.E. 7TH CT, N. E: 7TH ST. LAKE AVENUE S. BOND it i LLJ Q Q UJ z I►►TUM McKEE LN. -- uUIIAL bAM M4' ATS1Eff -- MAP REF: S: \Planning do Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM05_St. George N SUBJECT ST. GEORGE s: PROPERTY '. PLANNING AND ZONING DEPARTMENT LOCATION MAP -- uUIIAL bAM M4' ATS1Eff -- MAP REF: S: \Planning do Zoning \DBMS \File— Cab \Z —LM 1001- 1500 \LM05_St. George M- RV77, A—awww ARM BARRIER LANDSCAPE AREA S. S. ,vl. H E. 7TH AVENUE (50' RIGHT CF WAY) Q A .. wwwpqt 6' WIDE', AREA FOR GOLF CART ACCESS, AND E51 Kfs 4 #A* r 10' UTILITY AND IFLORIDA POWER& LIGHT CO, (O.R,B. 5749, PAGE 1862) rl - IT U�l \1 i I LD�Nb [ ; BUA YPE5 il 5� lio -A AX U.8 h! -8 R o Uwq r SAIL 1- PROPOSEI) N WIfIE PLAT —D — ARPA PROPOSED 4CON 1- (yl� 31O£Wa Lk— (:NE -TIH AA'E. m �I A - 11l R1 — t%ItiTRiCr PARkRJG 2 5 � fr�tl C 0 Atlantic Ocean BENEFITS TO 7T" AVE PROPERTY OWNERS 1. LANDSCAPE/ SIDEWALK 2. PAVING 3. STREET LIGHTING 4. SPEED BUMPS 5. NE 7T" AVENUE RESIDENTIAL PROPERTY OWNER ACCESS 6. IMPROVED WATER SERVICE FROM 2" TO 8" LINE 4 Sl.l3. R 1� [ MCiAAD JOXES �- --� nxcE3lrecruxT - I G.C.ZOJNING --� j a m�ap1V e w [xsP [w - „� fIf F—F-- RMZONING s- oP �y Zoning Designation W ivm IRKFk� __ r`• _ SCALE: N T.S seC 516ry _ 1 =~ c 2 YA” L41 i J � � f 1 , V7✓ i If V r Vf � IC . EN�vm PROJECT RS7ru E1- 3 l- — IDNWGI�ESIGNATIONS GDFIN31iAt EOMMERCIALu RM }PARQEL �tl 4D, e P 6D U. 1 ['. -1 Iry TERN CORNERI Rcvd'� s- v -'ilmv �f/�� . -, � Ac I � ------ _ TOTAA SITEARE0. 138,92].4] 50. FT. 3A98ACRES xP,pu ano {E{ PA WGIAOVERISIOEWALWPAD3 49.817 Sa- W _ g:uglgts'mx[¢alaxvn E PPEN VNp3CAPEAREA Mnx3 msloflemn ��� I[ WATER �EIES W0. Fr /L /I ii - ^� � TPTALUt 1S9�s2] <T SRET. itN% AN�a[AU lxuxwlnfa fla.mrwuwulwx srwcs l r, r ,.v ." . TOTAL MPERV1UU9rREA Re,2issU,Er. e TOTAL PERVIOUS ARPA 41,p513OFT. ]9. g�pNpg� Siten7 3. NuM9SR OF RESIDENTIAL ME— UNfi3 3B UNST65 �NINt6vYFCw � o Site Plan € N - I1V Fd GLMN PERAGRE it,00 UNIT5f ACAE6 $CALF:. 1 "=j D' VMBER OF UNkT3ISU1FfNnvuse 95f y___ Epp 3 nEPRGQM 35 urvfTS TfR$ PORTIOR Ok 7HE SIPS IS ArAancsPAC RE0uIRED [ RM'LOIJINC. ALRER TO 20NIlMG 9 P 3pEDA00M UNFT_CRLCIMT4p AT 23PA0E5 PER U �4CATj4 MA� RE6mEN11Pt PARKING REOVIREP_ Is PAIAKWG SVnCE3 /� . -. puEST PARk NG REQW EMENF FORTiEP .15Ti9 u NITS .55P0.CE3 PER VNIT =1E SPACES H ,r 82RS •9SPACES PERLxIT SA5PACE6 y, TQTPLREO l_pAGRQFMACES 114P N V 'F - E TOT /,LRes oENiwL PARxUNC REQVIRFA =91AP PACES [p TAC [b6MU.vrA e� - s 1. 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INWVIEVM1LTRA6H COIJTAWER3 WILL 6E %EPT WITHIN STTPT'1..�1N 2 ALL 9ERV1 pEVELCPMENTxnLI BE LOCATED uUTI £UTI4TIE9IxcwrnNG TEIEPHQNE. LLEOTRIC POWERANU CnELETV FOR TiE PROPO5E0 SP -1 UNOERGROU�'o EI — � }F/ lrYir�lF, 0 x r r £® ndscape for: DESIGNED BY: DT. GEORGE CARTER & ASS®CIATI LANDSCAPE ARCHITECTS Ih =tray Beach, Florida 74 N.E. 51h AVE. Delray Beach. FL 3W3 561- 272 -9621 LA. 831 0 V 1 I ME M�Qq- kMm ............... 1 r R Landscape for DESIGNED BY: m ® CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INCA Delray Beach, Florida 74 N.E. 5% AVE. Delray Beach. FL 33483 561- 272 -9621 LA. 631 0 � {�����'� Y r IfjjFFII Irl WN� „ ` L \I►11Ri9l "_., in � —_ - _ —_ ltFs =i] �"p �sai�i 4��y�� ;,'A•' � II G I � lil it �!� i � VIII ,����'�� aipj ouni� , r�l�nu u0 -� sY� �T3, li I M�Qq- kMm ............... 1 r R Landscape for DESIGNED BY: m ® CARTER & ASSOCIATES LANDSCAPE ARCHITECTS INCA Delray Beach, Florida 74 N.E. 5% AVE. Delray Beach. FL 33483 561- 272 -9621 LA. 631 :I u101 �I �I ff1 1 1 wig Ill�hk 1ii'^ �� � k ww M ........................................... ............................... kr '�i ►JI�IL�� yil3#Si�£ 1 I FM;LIy �:������ 1 T ',�i]��h�ii►I7!I�li�- ��;;�iTrl� T T Ew �a .... a .. .-: ..: ... .. ...... idscape for: DESIGNED BY: T. CARTER & ASS®CIAT GEORGE LANDSCAPE ARCHITECTS Iray Beach, Florida 74 N.E. stn AVE. Delray Beam, %33483 961- 272 -9621 LA. 831 i L] ELEVAMN KEYNOTES x,aHAeniUNES Y e I� �[jrrmT'?� o pp ® 0. 0 0 m .. 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L>� ELEVATION KEYNOTES Q EN,%rwo �aYamx.wcopN'1 rvn � ' Q 1�j' auslW.tLLfa�EPGUI�f c� 0 0 o � o o D IUCFIARDJONES � � 3 ARCHITECTURE l € jL � i usuo nwA Au vti„ , ®® 3 - > 6 -- ° ® m r 00 0 o© ® ID oF'-1 coo '1 ❑❑ ❑�1 p ivy «y "4 11[l I front Elevation -Bldg Type 4 s N� � WM U� - Rear Elevation -Bldg Type 4 i no _ ..,.....- ..... �� o nev,suws- ' a d i Ejo. �� 13SJiLUiNG — I -:I TYPI7 4 Side Elevation -Bldg Type 4 � -,� sLrrvnTrarrs H A- I2 E] ELEVATION KEYNOTE3 JA Lil West Elevation-Bldg Type 5 RICHARD JONES ARCHITECTURE Iipi�rinl�oN � R, 0 PUL,DING TYPE 5 ELEVATTON A-15 ............ I I ❑ ELEVATION KEYNO'ES Ell o: LmjEa n w uo xn RTCHAaD LONGS y ARCHITCCTURE .. .. ........... __ ........_ ._ HEM {E � E vsn �l �s �Wllllllilll llllWlW1 P 111111111 s 14 �T F East Elevation-Clubhousem 0 CU i1' f i o c t P cU Fi- 12 18 9 na nvuo P+s 15 1g m�.uHl�u�N x 'lf/p�1lk ry�'wN13Y',e V I South Elevation - Clubhouse North Elevation - Clubhouse IEI �r C 11 j — 3 T. CLUBHOUSE, I 6 —_ 19 ru�sxrtooq /{w � I ELEVATIONS �V West Elevation - Clubhouse A_22 From: Joe Snider [ mailto: joe @buildinggreengenerations.com] Sent: Saturday, August 17, 2013 1:22 PM To: Glickstein, Cary; Jacquet, Al; Petrolia, Shelly; Frankel, Adam; Gray, Angeleta Cc: Pape, Scott; Dorling, Paul Subject: St. George Agenda Item Dear City Commissioners, I am writing to you regarding the St. George project which is on your agenda for 8/20/13. In addition to being a licensed architect and a Palm Beach County Zoning Commissioner, I also be a neighbor for this project. I am currently on the Board of the Courtyards at Martel Arms Condominium Association. Unfortunately, I will not be able to attend the public meeting. We have 4 west facing units which are probably about as close to this project as any other residences including my own unit which is arguably the most impacted, as the only residence that will look out onto the development in 2 directions (West and South). First, let me begin by saying that Alex Gomez and Rich Jones have been extremely collaborative in their efforts regarding the site. Alex reached out to our Association even before finalizing the purchase of the land, and has done a great job keeping us informed throughout the process. We had a special meeting with his team for both our Association and our neighboring association. In general, our Association not only doesn't have any concerns, but is in full support of the project. We had a few minor concerns, but Alex and his team very quickly resolved the items to everyone's satisfaction. I personally would like to offer my support for the project. The design is extremely compatible with the surrounding neighborhood. In fact, our property has a similar scale and density: 38 units, 2- stories, in blocks of 6 to 8 units. The lots there have been vacant and a relative eyesore for the 7 years I have lived here. One piece of the lot was originally intended to be the final piece of the Martel Arms development. We have had no concerns seeing this lot become associated with the Federal frontage property. The project would be a definite improvement of the current condition along Federal, and in my opinion, potentially spur some further commercial development further north on the Federal corridor. Currently, as one proceeds north on George Bush, the area is relatively stagnant with empty lots and empty buildings. While I understand that this is a request to alter the zoning designation, the request seems reasonable and offers an improvement to the surrounding area. While I have not been privy to any traffic studies, I can speak to the fact that we have the exact same number of units, and we all use NE 8t" Avenue. In general, when people want to go north, they head north on 8t" up to Bond Way and over to Federal. When they want to go South or to the Beach, they head south on 8t". The traffic load for our 38 units is relatively modest. Most people work and head out in the morning, there is very little activity during the day, and a bit in the evening when people come home. My understanding is that this property would present a similar arrangement the same number of units, and multiple points of access on 7t" and Federal. Since there is no traffic through to any other street, the traffic would be significantly less than we experience on NE Stn I have heard that one of the biggest issues is the traffic / safety concerns on 7t" avenue. I truly do not understand this concern, especially now that there is only an exit proposed on to 7t" avenue. There is certainly no added unfair burden to the residences of 7t" avenue that would be greater than any other street in our neighborhood. Why would 7t" avenue be afforded special treatment? As noted above, we on 8t" avenue have the exact same number of units in Martel Arms, providing essentially the same volume of traffic on 8t" avenue that this proposes on 7th. Why would that be acceptable on 8t" avenue, but somehow be deemed a burden on 7t" avenue just one block away? In fact it is considerably less burden (1) due to the entrance / exit on Federal (2) now the exit only on to 7t" avenue, and (3) because we have considerably more multiplexs and units on 8t" avenue. Does 7t" avenue have some special privilege that we on Stn Avenue do not? And on top of it, the traffic on 8t" avenue, is quite reasonable and safe. On a final note, during the day on June 7t", 2 of our units got broken into and had items stolen, including my own. Currently, one can gain access at the end of 7t" into our complex, and could relatively easily hop over our wall on to the empty lot along federal. On more than one occasion we have seen people coming through that 7t" avenue access on to our property. Obviously no one can be certain, but we have had long had concerns about the empty lots surrounding us and the ease of access they present to our property. This development would provide an increased level of security to our community. As always, I continue to encourage any development project in Delray to embrace green building. I continue to urge this board to collaborate with staff to develop a green building incentive program that would help guide you and other boards in a clear manner to encourage development projects to be green certified. Thank you very much for your service to our community. As a Zoning Commissioner for Palm Beach County, I know very well the time and commitment you make to our City reviewing development projects. Thank you, Joe Snider, AIA, LEED AP 1010 NE 8th Ave., #35 Delray Beach, FL 33483 561- 862 -8938 - - - -- Original Message---- - From: richard jones, architect [mailto:rich @rjarchitecture.com] Sent: Tuesday, August 20, 201310:16 AM To: Pape, Scott; Dorling, Paul; McDonnell, Mark Cc: hhandler @att.blackberry. net; Jennifer Snyder Subject: FW: 7th Avenue connection Gentlemen, My apology to deliver this message today in advance of tonight's city commission meeting for St. George. Per the email below from our client, we would like to abandon the alternate 7th avenue connection design and proceed only with what PZ approved for 7th avenue connection and the staff report supports as such. We will not be presenting an alternate scheme as part of our presentation tonight. Please confirm receipt of this email. Thanks, Rich - - - -- Original Message---- - From: Alejandro Gomez [mailto:alegoQ806@yahoo.co Tuesday, August 20, 201310:00 AM To: Jones Richard Subject: 7th Avenue connection Rich, Please advise Planning & Zoning staff that we are moving forward with the P &Z Board recommendation at tonights Commission hearing for the 7th Avenue connection in regards to an exit and entrance for automobiles. Thank you Alejandro Gomez Sent from my iPhone= ATTENTION PLANNING AND ZONING BOARD 9 We the residents of N.E. 7'h Avenue in Delray Beach Florida have would like to submit our feelings and concerns regarding the proposed opening of the our dead end street to the Saint George community and the installation of an unmanned automatic gate at the current dead end of our street. We are absolutely opposed to this. We feel it will l dramatically reduce both the quality of Iife and property values on our quiet street. It will increase traffic volume to unacceptable levels as there will be 38 units in Saint George with a probable two cars per unit. They will each be entering and exiting multiple times per day. This will result in an amount of traffic that will be both unsafe and intolerable. The houses adjacent to the gate will have at times blocked access to their driveways, idling cars in front of their houses and unsafe conditions for the children and elderly that reside in the houses. The two houses closest to the gate have driveways that are less than 50 feet from the gate. At the George Bush Blvd. end of the street there will at times be a line up of idling cars attempting to merge on to George Bush Blvd. It is already many times difficult for us the current residents on the street to merge on to George Bush Blvd. There is no reason for the developer to install this gate. The communities that have been successfully built and sold out on Federal Highway have only one entrance 1 exit for their commurdties that are all accessed from Federal Highway only. We the residents of N.E. 71' Avenue respectfully request that you accept the recommendations contained in the staff report and deny access to the Saint George community through our street. �t 41 C�, n ter` J L[ W CA � � �v�l E � 1 �V ki I CO c -i lei i VIA �i Cd�a 1`1 A I �1Y, August 19, 2013 Fax 551- 205 -0647 Alex Gomez for City Council to consider as I am out of the country from Aug. 20-22nd. As an owner of 901 -903 NB 7th Ave. duplex in Delray Beach, FL. since 1987, 1 would appreciate your consideration of my longterm perspective. Here is my point of view. The city of Delray Beach has not shown any interest in making the significant improvements to our street that the developers are proposing. As I understand it they propose to put in new lighting and sidewalks and landscaping from the exit only on N_F_ 7"' Ave of their development to the Sail Inn property line. This is a huge benefit to our street. According to Delray Police Department records department there were 661 police reports for assault, breaking and entering, dui, possession of drugs, vandalism and crimes in less than 12 months. Many from the Laundromat and 7 -11 and $all Inn on the corner of George Bush Blvd. and NE 71h Ave. With bright street lighting, sidewalks and landscaping we will not experience the problems associated with late night drinking on the Northwest side of 7th Ave. The right away parking will be significantly reduced along with problems associated alcohol and the three drug and alcohol rehab centers on George Bush 131vd. especially after dark. Instead of our street looking run down and unkempt it will look clean and appealing and safe for my tenants and other neighbors. Both of my tenants are single women and on weekends experience cars parking most of the way up the dead end street on the westside of NE 7th Ave. as well as throwing beer bottles and cigarette trash in our yards. While a few neighbors at the end of NE 7t' Ave. prefer the run down unkempt look that currently exists, I do riot. A few people exaggerate the impact of the exit only from the development onto NE 7t" Ave in my years on the street they resent change and to like complain. They seem on be fixated on their little dead end'spot and came up with overstated pretenses as to problems. They continue to want the uninhibited use of the street for basket ball hoops and an unsightly old van camper often parked on the street and diminish the value of our little neighborhood. I believe the expensive and pleasing improvements and cleaning up the look of NE 7th Ave. will be a blessing to'the chi of Delray Beach as much -as to NE 1" Ave, residents as the developers give our street a- serioilsly-needed'facelift without burdening the budget of the city for the significant expenses. While I can sympathize with some of, my neighbors who are against change;, I do not share their point of view_ Many more people will benefit than the few resistors, George Abraham 930 5E 5th Terr Pompano Beach, FL 33060 -8134 954 - 8154145 abraham.g @comcast.net \c'�. - lj�6p� C\V bj�J�&_ - \'%"� - ' ' ' , \��' ' , \ - m v N 0 3 o a) N � O �I O � CD O N � � v C o 0 1 0 (D •C r- W 0 0 CU N O -< C rD D =$ F;. n. D C Un m 3 N N O W cu PQ D 0 � CL C- -11 r-L imp CD (D w � V) (� CL � M X v A rD 4 r-r M � Q �cr o 3 C CL < °m s r o � � m o cn Fig fu rill -� Wo 4�:h� 9 rage iof1 D Z�L�j http - / /vv - �v.pbegov.cot / papa /gisprint /customPrinting /papaPri tService GPServer /_ags_37... 8/x/2013 -r r "SPA � 1` a F7" ?— :> V-7 R -, Vage1oft �a I http: / /www.pbcgov.coml papa/ gisprirkt/ eustoniPrinting 1papaPrintService_GPServerl ags 37... 8/1/2413 rr lip I WAFM QElRAY BEACH TC: . Y. :s; AVE': �:E • DE--RAY BU ; L c_Oz,U4 33ea_ . C �AiSOfiq� ATTENTION RESIDENTS CITY COMMISSION INFORMATION SHEET 1993 The City Commission has directed staff to maintain vegetation in Bass Canal and Hungerford Canal (south of the Audubon Boulevard bridge) for drainage Purposes ate, not for aesthetic or navigational purposes. The Lake Worth Drainage District provides vegetation management when 40% or more of the water course is covered with submerged or emergent vegetation. Vegetation coverage beyond the 400/9 bench mark is presumed to impede drainage flow. The City of Delray Beach is adopting the same 40% or greater vegetation coverage factor prior to initiating any remedial action in these bodies of water. On September 20, 1996. City staff performed a visual inspection by boat of the two Canals and determined that vegetation in both canal areas exceeded the 40% bench mark. Based on the greater than or equal to 40 °/9 criteria, we will initiate vegetation management by chemical application. The date of application will be October 8, 1996. If inclement weather is present, October 14, 1998 will be the alternate application date. Spraying will be done in accordance with South Florida Water Management District recommended types of Chemicals and manufacturers suggested application rates. The City will continue to monitor these canals on a scheduled basis and provide vegetation management for drainage purposes. Notifications will be provided to properties adjacent to the Bass Canal and Hungerford Canal via hand delivered notices prior to the application of herbicide. The notices will provide any irrigation g< human contact restrictions with the treated water. Thank you for the opportunity to explain our course of action. Yours truly. _r David Harden City Manager Q. ... - THF- EFrO= - ,4..:, -.r; r- AATT, =.s r J .", «�b, ;, .I..7.. i I ..::: s rage IotI Avocet Rd 4 _ Lrl } t r. YY i 111 �Mohc7are�Cir �.r �F'r S a_tiwf 'r,�- .iri"MMtiei�IM�H a M!� �R _ T �H qN 31'arI http- / /www.pbcgov, coin / papa/ gispritit/ customPrintng /papaPrintService GPSeaver/ ags_37... 8/i/2 013 « � � \� f 1 ■ ' : ! f\ �a /�� , I-age Io I 61 \ ..�: [.7� � . % E#r://vy-o,-wƒ goyaom/ a al 6£ /cam tomPri#!in 2a aP3 Service _GPSery / S 37.. 8/1/2013 J I'll ■ Ar`■ 11,500 SF Coon wl No 04 Dawrip6m & kaksis UNIFORM[ RESIDENTIAL APPRAISAL REPORT NO ND- 25850524 HIGHEST i BEST USE: Prv" Us. Propsrry Addr a 1300 Cormorant Road Gnus Tw 68. 00 LEWER DISCRET04my USE UtLMES Pubic O"w t:xs Delmay Beach county Palm Beach aww FL zip cod. 33483 Smla Pdw t AdaW- -V Leu&, Noe vwn Timpic Palms Pl . 2 Re plat, Lot 14 Pb. 33Z144 Dale curbmuftr None owrwrpooupanE Borrower: Bird Robin M & Milena B. Map R.I. R42- T41 -S29 Moves ArrgWN ; S.ww ® Saw Few i 135 000 Dwe of saw 5 Z16/90 a PROP RICi1TS APPRAISED Mortpaw Type Allay None COMMENTS ;APPmwd "dmm"m sa".mmn* "nuosaawnL% mp"dW um mrrwbr, "hd" made, "$r)- Lose dwrgaa/ao w**W0rl. pmW by "W s None Egaported lot with a favorable view and SE e on the C -15 Canal. lid Fir SErnpW Dlmm" Powu ww Ottw car"f"w EXTERIOR DESCRIPTEON R$ Tau" i 1,177.21 Tax Your 1989- HOA swo. None ❑ LmawhW Paid by S*1w i Monolith stmaa One L.ne. xuv Chase Diversified jprtoge cnwE Spmo" ❑ ConMWN. OWWA) Typ" {D.vAD) Detached Row sudaa" Asph.ghgl ftmumd None Assessed Value: $76,569 w" m t Dwwte. BOith Alum o. MYymus PUD Sowos EX"N Yes Window Typm S . Huncr Danwm s LOCAU)N I X jUitan Suburbmn BUILT UP ROW 75% L] 2--75% PrW-d No Rural ❑ U dw Z5% N r4WORHOOD ANALYSIS Emp *w* SIabft Goad ❑ A.g. F& a ❑ Poor. PRO RATE PROPERTY VALUES �p ©Ssaabbl■ NoneNotec SDa°r"A 10 mn&"Ka © ❑ `❑ . ion only ROO" Ny L,X I ❑❑❑SIRrntawWr.tua pka OE:ANWUPPLY In Bslanm ❑ O. Spp C.Wa. 1m Sm..b ❑ ❑ I� ❑ MARKETING TIME ]Ud. 9 MOs. g.g MO". 0— B Mom. Adrw y a Pubic Tw. po u wn ❑ ©❑ ❑ PRESENT LAND USE % LAND USE CHANGE PREDOMINANT "GLE FAMILY HOUSING Rea mnWn FacYiO." � ❑ ❑ Sk4m FwAy 48 24 famYy 2 Not omy uk.y ❑ OCCUPANCY Owrw ❑X PRICE AGE " � ❑ i (DOG} {yrm) Prop.rty Opl%WtlbIWY ."ti ❑ Mw amlk 3Q In pr)o"m ❑ T"nsrq ❑ 80 Low 2 Prot"ODan tom Dtwmw "! Con#*xmu w mmtw 0 To: Vacant (O -5 %) ® 145 wo 20 Police R Fog PmWodw ❑ ® ❑ ■ 0 VscW" {orar 5 %) ❑ ft wnwrt GwwW Awoww "a Pmpsr*s 0 ❑ ❑ ❑ v 20 110 10 AppaW w MaAyr X NOW: Race or to rmdW oompgam of m rwWaadmd mr net conwdww mW* spPfal.W fWADW coMMENrs The sub'ect nei ,hood is located 1/2 mile sauth of Lixrton Blvd - & Just west Old Dixie Hiv'"1i. The c--i5i clraEyai is t-i,o c ,+-T, t, -,.a._ _a ..L_ of • 1361X12Q1X561x1201 Roe ■ Ar`■ 11,500 SF Coon wl No zor*w cwswomual R 1AA Single Family Z-ing Cwwknw Cbnformv HIGHEST i BEST USE: Prv" Us. Present Use Ovwr use MA UtLMES Pubic O"w Non. SITE IMPROVEMENTS Typ" Pubw P*" AdaW- -V t Erwrw Emd'Kd fWlnb G" curbmuftr None waw X Suswak Concrete ❑X S.ww ® Sba.11igrra Electric a dorm BMW Fxj Allay None COMMENTS ;APPmwd "dmm"m sa".mmn* "nuosaawnL% mp"dW um mrrwbr, "hd" made, "$r)- The yG Su lot with a favorable view and SE e on the C -15 Canal. Re22m!_= n current serve for s xCific site c tiara GENERAL DESGf{IPTEON EXTERIOR DESCRIPTEON FOUNDATM Urn. One Found.uan Rein. Conc Slab Monolith stmaa One Exkkdw Waft 'CBS cnwE Spmo" None Typ" {D.vAD) Detached Row sudaa" Asph.ghgl ftmumd None 001010 Ranch w" m t Dwwte. BOith Alum Bump Pump None EX"N Yes Window Typm S . Huncr Danwm s NoneNotec PrW-d No Swan Sash No smmWnxr NoneNotec wa.r owakudan No Smmw Yes kosWalwn NoneNotec Age (Y-) 12 Years mamtacbm d Ham N A Em-aw Ags tynq 6 Years ion only ROO" nr Ea".manl" -None AppareM Fbod Hazard Yee Zn A No a Im Sq. FL WA Roe ❑ Fk&had WA c9mv kw N A ww CtDde dw N A Fl.. ❑ or N A Non. ❑ kaa Bwy WA AdaW- -V -Basawnts-are Erwrw Emd'Kd fWlnb 13ni9wd Was aba» grad" oantsG 6 6 Rams; 3 3 B"drmm( " }; 2 2 t3sM>!s }; 144501 ak'K [ Ana Su. FL F..1 of Groan Uwiq Ara Good Avg. Fair Po.r ❑ 0❑ ❑ ❑ 0❑ ❑ ❑ FRO ❑ norm rl ,x A ti Y Y G7 �' a 16" i, l I �V a Oo O co CD Sr ,#M_ _... • �1i4 ixll�t r; a �, i A.r 1 rf fµ EEO „K Sr ,#M_ _... • �1i4 ixll�t r; a �, a An L WArVT I S.-J. poll 8 -20 -2013 Concerned Homeowner /Parent, We are concerned and opposed to placing an unsightly barrier to block floating weeds at the C -15 and Hungerford Canal. This barrier will destroy the open water views we enjoy today and will be dangerous. The C -15 and Hungerford Canals are multi -use waterways shared not only by boaters, fishermen and recreational activities such as water skiing and wake boarding, beginners and advanced, tubing and jet skiing. The widest area on the C -15 between 1 -95 and Brant Road is at the entrance to the Hungerford Canal. Many riders use this area as a turning point, and advanced wake boarders do their tricks there. Placing a floating barrier at the C -15 and the Hungerford Canal will be a danger to all riders including our children. Skiers can travel at 20 -30 mph, taking a spiii and hitting the floating barrier will cause serious injury. The floating weeds come with the release of water during the rainy season from June through September. During the dry season from October through May there is no water release and the floating weeds are not a problem. It is not fair for someone else's temporary problem to become our permanent problem with an unsightly barrier. The best way to control the floating weeds is to spray when they collect during the three months of the rainy season. Sincerely, Rey and Karin Hernandez 311 Oregon Lane Boca Raton, FL 33487 4111146 WO F-WIT'S" MI. ow owl w MEN IT rs 7 IS41 ,la � � \. , :\� �\ k d -00. 400 DOWNTOWN DEVELOPMENT AUTHORITY ROME "M Date: Tuesday, August 20, 2013 To: Delray Beach City Commissioners From: Marjorie Ferrer, Executive Director, DDA Re: DDA 2013 Pedestrian Study Results The Delray Beach Downtown Development Authority conducted a Pedestrian Study on during February 2013 to research the foot traffic within the Downtown during specific times throughout the year. This is the first of many studies to come. Study was conducted by Traffic Survey Specialist Inc., an independent business located in Delray Beach. The study was taken during the weekend of February 1 and 2, 2013 at two locations during a Howard Alan Craft Festival that took place on Saturday, Feb. 2 from 10am — 5pm on NE 4t" Ave. Below is a summary of the findings from the Pedestrian Study as well as a graph chart has been sent separately. LOCATIONS OF STUDY Location One: Atlantic Avenue Pedestrian Crossings FEC Railroad Tracks by Vic Angelo's Location Two: Atlantic Avenue & NE /SE 2nd Avenue Pedestrian Crossings Method- Video tape 24 hour period and analyzed by Traffic Survey Specialists Staff in 15 minute increments SUMMARY OF RESULTS Results determine that between the hours of 10am — 5pm during the Howard Alan Craft Festival on Saturday, Feb. 2, 2013, 8,955 people were viewed and counted crossing the Pedestrian Crossing. The approximate number was applied for the Sunday, February 3, 2013 from 10am — 5pm which totals for the weekend foot traffic in Downtown Delray Beach at 17,910. 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V E O V M 00 M M DOWNTOWN DEVELOPMENT AUTHORITY Date: Tuesday, August 20, 2013 To: Delray Beach City Commissioners From: Marjorie Ferrer, Executive Director, DDA Re: Downtown Development Authority 2013 Survey Results The Delray Beach Downtown Development Authority began conducting a survey the week of August 15'' targeting the businesses and property owners within the DDA district. The purpose of the survey was to gain feedback from those within the district to assist in measuring the value of the DDA programs and organization as requested by City Commission. Below is a summary of the findings from the recent survey as of August 20, 2013. SUMMARY OF RECIPIENTS Survey Recipients: 644 Individuals received the survey link August 15 Response rate: 50 Responses received to date Survey Method: Email Link sent to DDA Database Manual Survey: Survey to be conducted in addition to email SUMMARY OF RESULTS Questions: 1.) Respondents were asked to rank the annual marketing and promotional efforts performed by the Delray Beach Downtown Development Authority (DDA) as seen in the monthly Night & Day Downtown Delray program, Savor the Avenue, Fabulous Fashion Show, Tastemakers of Delray Beach, Orchid Giveaway program, etc. 71 % Responded Excellent and 18% Good 2.) Individuals were asked if they felt the Delray Beach Downtown Development Authority (DDA) has added value to your business and the Downtown over the past 20 or more years. (the DDA has been in Delray since 1971), 94% Responded Yes 3.) Individuals were asked if they felt that having an organization such as the Delray Beach Downtown Development Authority (DDA) whose goal and focus is to drive business, is an asset to your business and the downtown. 96% Responded Yes DOWNTOWN DEVELOPMENT AUTHORITY 4.) Individuals were also surveyed about the impact of the Howard Alan Events that have been taking place in Downtown Delray Beach for over 20 years. See list of Shows: (1.) October Craft Festival: NE & SE 4th Ave (2.) Nov. (Thanksgiving Weekend) Fine Art Show: NE & SE 4th Ave (3.) Dec. Craft Festival: Delray Tennis Center parking area (4.) January Fine Art Show: E. Atlantic Ave on beach side (5.) Feb. Craft Festival: NE & SE 4th Ave (6.) May (Memorial Day Weekend) Craft Festival: Tennis Center Parking area Res oases: 63% Responded Positive Impact on their business from the shows 16% Responded Negative Impact on their business from the shows 29 % Responded are not aware of the impact OVERALL COMMENTS FROM RESPONDENTS 54% Respondents Comment; below are all comments received in the survey for your review: • Thank you and keep up the great work. • The DDA is the only organization that has a consistently positive impact on downtown business. • The events which close down all the streets deter our clients from coming in for services due to increased traffic and longer travel times on the weekend. • You're doing a great job, keep it up. • It's time to pitch Howard Alan. He and his gypsy artists come and suck the art dollars out of our community. We now have our own arts community to support! • The DDA seems to be the only organization that represents the interests and coordinates activities of all groups in the downtown, including residents, merchants, professionals, restaurants, police and customers. • DDA is not assisting the other growth areas at all! to name a few: Northeast second between Atlantic and 4th Street Garage District at northeast 3rd and 3rd street Zero focus on attracting higher quality arts aware people from Boca or North county. • They are the only organization that takes special interest and concern for the merchants They know the business owners, always taking the time to come in and find out how they can help improve foot traffic and sales for the merchants • it takes an organization like DDA to bring events like these to a town like Delray Beach. These popular events bring in many people from the surrounding which helps local businesses as well as the economy of the town. • DDA put us on the map! They are why Delray is the best South Florida city! oil DOWNTOWN DEVELOPMENT AUTHORITY • Laura and Marjorie do a FANTASTIC job with the DDA. They are an asset to the city of Delray Beach! • We have been dealing with both the Chamber & DDA since our inception 3 years and growing. Marjorie & Laura have always gone above & beyond for all their events. We participate in all & have grown our business with their guidance & promotions. Naturally you have to attend the meetings & participate in the events. We do both and advice block one of all. We will see what the new leadership of our chamber brings to the city. I'm sure the merchants that attend the events & meetings will agree with the above. DDA Laura THANK YOU! love, light, Namaste. Adam • DDA does a great job of keeping their "ear to the ground" to be aware of what is needed in the Downtown District to further the goals of the local businesses. • Delray Beach has a wonderful reputation and it can be attributed to the efforts of the DDA in their wonderful promotions. It makes it easy for the merchants to simply have their doors open and smiles on their faces. It's a great little town and wonderful to keep everyone questioning what fabulous event is happening next - so they have to continue to return. • Q #2 is not applicable to my business as I have only been in business for 10 mos. I think overall the DDA does a good job of promoting "downtown" Delray Beach and as a result I believe I receive some benefit albeit indirectly. The marketing campaigns designed to create awareness about Delray Beach I believe are very good. However, as a business located in The Pineapple Grove Arts District I do not feel that I receive any direct benefit. Most of the focus appears to be directed to "The Avenue ". Like many urban areas, Delray Beach is divided up into unique "neighborhoods ". Take for example Boston. In Boston you have "Downtown /Government Center ", the "Back Bay ", the "North End ", and "Southy ". Each of these areas have their own unique characteristics and "flavor" that make up Boston as a whole but are still distinct and are marketed as such. I would like to see this happen here in Delray. I chose to locate my business in The Pineapple Grove District because of its unique vibe which is nothing like "The Avenue ". Yes, both are part of Delray Beach but I think when you lump them into one "Downtown Delray Beach" you don't maximize the opportunity to market the uniqueness that makes Delray Beach Delray Beach. • the events that close Atlantic such as art & craft shows and that have food vendors take business away from the restaurants • The DDA is a valuable asset in the marketing of the Delray Beach brand. We need to continue working with the DDA. Atlantic Ave closings hurt our business The Howard Alan show brings a quality group of customers to Delray. I look forward to all of them, as they all help bring new faces with $. Canceling them would be a great loss to the town. 3 DOWNTOWN DEVELOPMENT AUTHORITY • After forty five years working in Delray Beach, I'd hate to think where we'd be without the work of the DDA. In my travels, I see other towns in Fla trying to copy what we have accomplished here in my home town. Delray isn't Dullray anymore. • Makes the public aware of what's on the Ave, regardless of the amount of business done during the event. Each person seeing a sign on a building or going into any business is an impression. The more people seem on the street walking or strolling the Ave. is considered an impression, Usually they our merchants sooner or later. • Looking for more help promoting artist alley • 1 feel that the only part of Delray downtown is being promoted is east of Swinton. There is a lot of focus placed on the downtown businesses, when reviewing the newsletters and flyers they are only promoting east of Swinton businesses. To me seems as though you need to be a certain person to be helped or acknowledged. • As a manager of a retail store on Atlantic Ave. we find the Howard Alan shows to be very helpful. Usually closed on Sundays, we open when the shows are in town. We use the shows to add value, sales dollars to our weekly totals. We also enjoy perking up our appearance, sidewalk sales, balloons, etc. I find the DDA to be working for the Atlantic Ave. and surrounding businesses, verses some other local organizations which tend to be working for their own self serving needs. • Marjorie, Laura & the DDA team have been nothing but helpful to us with increasing business, promoting networking between downtown businesses and bringing new clients in to the area to show them how great Delray Beach is. • 1 have worked with Marjorie for many years and believe she was one of the many people that have shaped Delray into the destination that it is today. Marjorie believes in Delray and works hard to promote Delray and its business. I do not think anyone could have done a better job. The DDA does a great job representing the downtown and its business community. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 EARLY RETIREMENT OPTION ITEM BEFORE COMMISSION The City can offer early retirement without penalty to employees who are 100% vested and within two years of their earliest normal retirement date. There are 26 general employees eligible as of October 1, 2013. We recommend opening the early retirement window for general employees as a way to allow accelerated restructuring opportunities within departments. Positions can be allocated to areas of higher need, outsourced or a combination of reallocation and outsourcing. BACKGROUND General Employee early retirement was last offered October, 2011. In addition to the early retirement option, employees were offered 12 months subsidized health insurance coverage. Two employees took advantage of the 2011 early retirement option. The last actuarial fiscal impact study for the General Employee early retirement option was performed in October, 2010; 41 employees were eligible. The study assumed 50% to 100% of the eligible employees would retire and the annual funding impact ranged between $172,000 to $346,000. Current impact should be much smaller due the following reasons: • Plan changes and assumptions have reduced the annual required contribution level • Fewer eligible employees • Low participation rate RECOMMENDATION Staff recommends that the City Commission authorize opening the early retirement window for General Employees without the inclusion of other benefits (health insurance, etc). EITY OF DELRAY BEREH DELRAY BEACH 100 N.W. 1si AVENUE rAll-America City 1 , 093 To: City Commission :'lll }1 From: Louie Chapman, Jr., City Manager DELRAY BEACH, FLORIDA 33444 5611243 -7000 Subject: Opening Early Retirement Window for General Employees effective 10/01/13 Date: August 14, 2013 In October, 2011 the City offered early retirement for General Employees. Two employees took advantage of this option. The City is interested in offering a General Employee early retirement option in October, 2013. No other benefits will be offered in conjunction with this option (health insurance, etc.). Twenty six employees are eligible October 1, 2013. The express purpose of the option is to open departmental restructuring opportunities. Any costs or savings are expected to be minimal and are dependent upon the number of employees who choose the early retirement option and the future utilization of these positions. Recommendation: I recommend the City Commission authorize opening the early retirement window for General Employees. INTEGRITY • RESPONSIBLE • INNOVATIVE -TEAMWORK MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 8, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 SPECIAL EVENT REQUESUST. PATRICK'S DAY FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for a St. Patrick's Day Festival produced by Delray Arts, Inc., proposed for March 14, 2014 from 5:00 p.m. to 10:00 p.m. and March 15, 2014 from 11:00 a.m. to 7:00 p.m. on the grounds of Delray Beach Center for the Arts. The event producer did not request staff support for this event. BACKGROUND Attached is a Special Event Permit, budget, site plan and Arts & Economic Prosperity Calculator received from Nancy Stewart- Franczak. In the past, this request was part of the parade permit request. However, this year the parade is being produced by Code 3 Events, Inc. Although the event producer did not request staff support, because of the nature of the event with alcohol and food sales, staff feels police staff are needed for security and we will need a Fire Inspector and SERV unit. The estimated overtime costs for this event are $2,850, 5% administrative fee $140, and stage rental $265, for an estimated total cost of $3,255; 100% of which is required to be paid by the event producer. RECOMMENDATION Staff recommends approval of the Special Event Permit with the requirement for City staff involvement for security, EMS assistance and Fire Inspection services and contingent on the following: Receipt of a Certificate of Event Liability and Alcohol Insurance naming the City of Delray Beach as additional insured by February 28, 2014. Copy of fully executed rental agreement with Delray Beach Center for the Arts by February 14, 2014. Copy of temporary liquor license by March 3, 2014. City of Delray Beach Special Event Permit FCEIVED Application 19 2013 PLEASE TYPE OR PRINT +DMINISTRATIVE SERVICES Event NamelTitle: 46th Annual St Patrick's Day Festival Event Date(s): March 14, 2014 Times: 5:00 pm —11:00 pm March 15, 2014 Times: 11:00 am -- 7:00 pm Requesting street closure: yes no X. (If yes, need timeldate for closure and reopening) Event Sponsor /Producer: Delray Beach Arts, Inc Event Contact/Coordinator: Nancy Stewart - Franczak Address. 64B SE 51' Avenue, Delray Beach, FL 33483 Cellular Number: (561) 279 -0907 E -mail Address: nancy@avenuecreative.com DELRAY BEACH 1 I- merlcaC y 1993 2001 Event Description /Purpose: Festival celebrating Irish Culture featuring live music vendors food and full [!quo bar. Brief History of Event (if applicable): Festival has been occurring on this site for past 4 years in conjunction with the parade. This vear the parade is managed by Code3 Events and we will only be doing festival portion. Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's rides, games, other programs): Live music, Irish Siamsa Celebration, vendors, food, and bar. Number of Individuals Served Previous Year (if applicable): 2,000 — 3,000+ Describe the targeted population and expected attendance: Draw from attendance drawing of parade attendees] Describe how the program or project addresses community needs: Fenced in area for patrons to visit before and after parade is over. Describe your Marketing /Promotions Program (Flow will you marketipromote, i.e. TV, radio, posters, flyers, web sites, other): TV (WPBF -25), Radio (WRMF, SUNNY), Atlantic Ave magazine, The Pineapple, Posters, , Web exposure, email blasts. Sponsor Category (please check) City ❑ Non -Prof RICharitabie X Private o Co- Sponsor— Non- ProfiUPrivate n (if Hon- profit attach proof of 501c(3), c(4), c(6), c(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Front lawn of Delray Beach Center for the Arts Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes X no (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Pg 1 Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required for all events) Previous year Revenue /Expense summary attached: yes X no (Required for all events) Arts and Economic Impact Calendar attached: yes X_(Attached) no Obtained on line at www,AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no X (Indicated on budget) Do you have in -kind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes X no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no X (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes X no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities. yes X Requesting Police assistance: yes no X (Traffic control /security) Will supplement with private security: yes X no (If yes, need plan attached) Requesting Emergency Medical assistance: yes no X Requesting street closure: yes no X (If yes, need timeldate for closure and reopening) Requesting barricade assistance: yes no X (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no X (Will be billed to sponsor) Requesting trash boxes /containers and liners: yes no X Requesting stage use: yes X no (If yes, check type) Large stage (14' x36') ❑ Small stage (16'x 21') ❑ Half small stage (8' x21') X Requesting signage: yes no X Type: 4'x4' Event sign Parking Signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) no Requesting City Portable Generator: yes no X 2014 ST PATS SPECIAL EVENT PERMIT APPLICATION, DOC Pg4 2 Food and beverage vendors: yes X no If yes, approximate number 6 (Health Department approval required) yes X no Other vendors: yes X no (Indicate type) Irish Cultural items, arts, crafts. Business participants Tents: yes X no If yes, How many 50 What size or size required 10X10 (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on -site map) yes no X Will there be a charge for the event: yes no X (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port-a -lets for the event: yes no X (If yes, locate on -site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no X (If yes, indicate locations and purpose for use) Event Permit Attachments: � X Revenue/Expense Budget -oi o eC.< C4_V3Y 5-r 1.c�t,aC (Vd X Revenue/Expense Recap Last Year's Event X Site Plan X Letter Requesting Noise Ordinance Waiver _N /A Letter Requesting Waiver Consumption Alcohol Beverages _X Proof of Non - Profit Status To rnme General Liability Insurance Certificate 10 C oft-A—Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner _X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event Neighborhood Block Party 30 days prior to event Lc/7 Gam_ 1U. 7 ?_ L._j Cc 2T - Frni-)L-zaK. Event Contractor /Coordinator Date '? -- / 7 -- � &_3OC t _ CUC 3Q-sr �-'Ssc Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1"' Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only �r���ll� r Date Received !"'2 ;N Application fee received $ 7S 2014 ST PATS SPECIAL EVENT PERMIT APPLICATIONDOC Pg# 3 a.+ C6 CL a c� O - a tun 0 N X U O C 4. tl1 N t0 J Ln N LL In F-^ In O N 2014 ST PAT'S FESTIVAL WORKING BUDGET (INCOME Event Revenue $ 16,000.00 $ 3,000.00 Vacation Village Resorts $ 11000.00 Brown Distributing $ 1,000.00 Republic National Dist. $ 1,000.00 Vendor Revenue Beverage Sales Revenue EXPENSES 2014 St Pats WORKING Budget.xlsx City Services $ 150.00 City Services $ 3,100.00 Stage Rental $ 265.00 Event Permit $ 150.00 $ 150.00 Delray Beach Center for the Arts $ 1,790.00 Office Supplies $ 250.00 $ - Postage $ 35.00 $ - Advertising Printing Design $ 500.00 $ Insurance $ 1,400.00 $ - Equipment Rental $ 1,000.00 $ - Miscellaneous Expenses $ 250.00 $ - Bank Service Charges $ 300.00 Corp Filing Fee $ 65.00 $ - Beverage Expense (bar, soda, water) $ 4,000.00 Outside Contract Services $ 2,000.00 $ - Sunshine Golf Web Desien 2014 St Pats WORKING Budget.xlsx Untitled InforniatiEf tz i STEP 4: POPULATION POPULATIGj1 of your community: 50,00010 99,999 U STEP 2: TWAL EXPENSES (optional) Your Organi'sation's TOTAL EXPENSES (please do not use commas): 15000 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use comrnas): 3000 calcrliate reset Total Eco'tomic Impact Cif: Page 1 of 1. Total Expenditures. F rE .Torts Household Income Local Government State Government Revenue Revenue Arts and Culture F $15,6(30 F 0,5 $9,884 $512 $584 Organizations: Ails and Culture £87 950 1.8 F $27,583 F $2,695 F $3,153 Audiences: y Total Industry Irnpact: $82,9561 2,3 $37,427 $3,211 $3,747 trne Sum of C-,'�n�wrs and AudknLesl I Print Your ResuEts Please see the fine print below. De#initiel Total Export( FIE ,Jobs: Household it Government When using es! similarly popul2i employment, Nt conducting an The lntal dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dotiars spent per person by arts event attendees in simifa populated communities, Back to Calculator. The total number of futi -time equivalent (FTQ jobs in your community that are supported by the expenditures made I your arts and culture organization and/or its audiences. An FTE can be one full -time employee, two half-time employees, four employees veho work quarter -lime, etc. Back to C'Mrulator The total dollars paid to community residents as a result of the expwdltums made by your arts and culture organization and/or its audiences. Household income Includes salaries, wages, and proprietary Income. Back to Calculator mo: The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culture organization and/or its audiences. Balk_ to Calculator derived from this cakutator, atways keep the following caveats �n mind: (1) the reauits of ibis analysis are based upon the averages of imunities, (2) inputicutput models were customized for each of these similarly populated communities, providing very speaFic d income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a subst #tote for €c impact study that Is customized for ycut commundy. 4D Copyright 2007 by Americans for the Arts. v>SVSV. Amens nsForTheArts.o http:// wivw. �imericansforthearts .org /in€6ii-nat on se-rvices7iese rchlservices/ccononiie _ iriipa... 815/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: August 13, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 SPECIAL EVENT REQUEST - 46TH ANNUAL ST. PATRICK'S DAY PARADE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit request to conduct the 46th Annual Saint Patrick's Day Parade proposed to be held on Saturday, March 15, 2014 beginning with set up at 11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to NW 5th Avenue for the parade and Atlantic from A -1 -A to the bridge with overflow on East Drive to Lowry Street and Gleason if needed for staging of parade entries. The event producer is also requesting that Atlantic Avenue from NE /SE 5th Avenue to Swinton be closed until 7:00 p.m. and the use of City Hall lot for staging. Commission is also being requested to approve staff support for traffic control and security, barricading, EMS assistance, use of the small stage and to allow event signage to be put up on March 1, 2014. BACKGROUND Attached are a letter, special event permit application, site plan, budget and economic calculator received from John Fischer, Code 3 Events, Inc., a new producer. The parade will start at 2:00 p.m. and end approximately 4:00 p.m. Atlantic Avenue from A -1 -A to the bridge will be utilized to stage the parade entries. We would close these streets by 11:00 a.m. The event producer is also requesting that Atlantic Avenue from NE /SE 5th Avenue to Swinton remain closed until 7:00 p.m. After last year's event in a post event meeting, it was recommended that the parade route be lined with French type barricades from NE /SE 5th Avenue to SW 2nd Avenue and that a waiver for the consumption of alcoholic beverages during the parade not be given. Staff is recommending the event with these conditions. In addition, we are recommending that the event producer provide at least fifteen (15) port-a -lets at different locations along the parade route. Estimated overtime cost for the event is $17,503, a 5% administrative fee of $875, barricade rental cost $12,030, stage rental $265, event signage $250, and trash boxes $350 for a total of $31,273. Per event policies and procedures, the event sponsor will be required to pay 100% of all costs. RECOMMENDATION Staff recommends approval of the special event request, the temporary use permit and providing staff support as requested contingent on the following: 1. Receipt of a Certificate of Liability Insurance by February 28, 2014. 2. Fifteen (15) port-a -lets are provided for the crowd of 100,000+ along the parade route. 3. Cannot use City Hall lot for staging; the City Hall lot will be a paid manned lot. 4. The five (5) locations along Atlantic Avenue with fire apparatus stationed must be approved by our Fire and Police Departments. 5. Parade route to be line with French type barricades. 6. No waiver for the consumption of alcoholic beverages along the parade is given. 7. Road closure from NE /SE 5th Avenue to Swinton until 6:00 p.m. not 7:00 p.m. as requested. 5*6 CODE 3 EVENTS, INC. June 03, 2013 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: RECEIVED JUN 18 2013 ADMINISTRATIVE SERVICES The St. Patrick's Day Parade, celebrating its 46tt' anniversary in 2014, is scheduled for March 15, 2014 and we would like to request your support once again. We are very proud of the how the reputation of the parade has improved in the community over the past four years. The parade is a tribute to fire fighters worldwide, drawing over 100,000 attendees last year. The St. Patricks Day parade has evolved into a more family oriented parade and festival that joins communities with a fire service / first responder theme. Hundreds of uniformed Firefighters and EMS personal, march shoulder to shoulder with pride, honor, tradition, patriotism, and teamwork, as a role model for our children to see. Communities are brought together with all of the towns, cities, counties, states and countries represented by the uniforms, patches, banners, flags, and apparatus in the parade. Business and charitable organizations also participate in the parade, along with schools and over various civic groups. Please consider approval of the following items: 1. Endorsement by the City Commission as a City supported event; 2. Outline street closures; (see site map) 3. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; 4. Allow this to be the only Commission approved event during the St Pat's Parade and Party time frame. Allow all permits to be assigned by Code 3 Events, Inc. only (requesting approval of Delray Beach Arts, Inc. to continue St. Pat's Festival on front lawn of Delray Beach Center for the Arts and requesting that Arts in the Park at Veteran's Park not be scheduled for this weekend); 5. Permission to erect signs promoting the event from March 1 through March 16, 2014; 6. Permission to have Atlantic Avenue remain closed until 7:00 pm (from SE 5r" Avenue to Swinton Avenue); 7. Noise waiver (Request letter attached). We sincerely appreciate all of the efforts of the City employees and look forward to a great St Patrick's Day 460' Anniversary Celebration in 2014. We hope each of you will be a part of the festivities. Sincerely, John Fischer Cc: Robert Barcinski St Pat's City Req Ltr 2014.doc 21187 Escondido Way Boca Raton, FL 33433 (561) 883 -7763 City of Delray Beach DELRAY BFACH Special Event Permit Application PLEASE TYPE OR PRINT 1993 j 2001 Event Name[Title: 46th Annual St Patrick's Day Parade Event Date(s): March 15, 2014 Times: 2:00 pm — 4:00 pm (Parade) Requesting street closure: yes_X no (If yes, need time /date for closure and reopening) Saturday, March 15, 2094 (noon -7 00 m - Atlantic Avenue beginning on Gleason Street heading west to NW 5th Avenue. - Staging on East Atlantic Avenue from A1A to the bridge and NE 7th to parking lot entrance -Close NE 12't Avenue from Atlantic to the alleyway -City Hall Parking Lot for vehicle staging prior to the Parade -In addition, five locations along Atlantic Avenue with fire apparatus stationed with American and other flags suspended above the street with PD & FD prior approval We are requesting that Atlantic Avenue from SE 5th Avenue to Swinton Avenue remain closed to traffic unti!Y..00 PM. Event Sponsor /Producer: Code 3 Events, Inc Event Contact/Coordinator: John Fischer Name. John Fischer Address: 21187 Escondido Way, Boca Raton, FL 33433 Cellular Number: (561) 883 -7763 E -mail Address: lfischer2009Rcomcast.net Event Description /Purpose: Celebration of Irish Culture and economic en cline bringing traffic to downtown businesses and restaurants. Brief History of Event (If applicable): Celebrating 46 years as parade Planned Activities (Outline of activitieslnumber of activities, i.e. entertainment, children's rides, games, other programs): Parade 2 Pm — 4 m• We are reguestina that Atlantic Avenue from SE 51h Avenue to Swinton Avenue remain closed to traffic until 7:00 PM. Number of Individuals Served Previous Year (if applicable): 100,000+ Describe the targeted population and expected attendance: 100,000 expected attendance drawing from Palm Beach and Broward Counties primarily; plus over 300 Fire Fighters & Paramedics statewide and their families Describe how the program or project addresses community needs: Economic engine for downtown businesses and restaurants drives traffic to downtown businesses and hotels Describe your Marketing /Promotions Program (How will you market/promote, i.e. N, radio, posters, flyers, web sites, other): Street si na a TV TBD Radio (TBD). Newspapers, Magazines, Posters Flyers, Web exposure, email blasts. Sponsor Category (please check) City ❑ Nan- Profit/Charitable X Private ❑ Co- Sponsor — Non- Profit/Private ❑ (If Non- profit attach proof of 501c(3), c(4), c(6), c(10), or c(19) or (d) 2013 St Pat's Special Events Perinit Application.doc Pg 1 Event Location (Describe area boundaries of eventilocation): Atlantic Avenue beginning on Gleason Street heading west to NW 5ths` Avenue. Staging on Atlantic Avenue from All A to the bridge. In addition, five locations along Atlantic Avenue with fire apparatus stationed with American and other flags suspended above the street with PD & FD prior approval. Close NE 1s` Avenue from Atlantic to the alleyway. City Hall Parking Lot for vehicle staging prior to the Parade Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required for all events) Previous year Revenue /Expense summary attached: yes X no (Required for all events) Arts and Economic Impact Calendar attached: yes X_(Attached) no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes X no (indicated on budget) Do you have in -kind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X (if yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no X (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes no X (If yes, attached list of Performers and/or DJ`s) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X Requesting Police assistance: yes X no (Traffic control /security) Will supplement with private security: yes no X (if yes, need plan attached) Requesting Emergency Medical assistance: yes X no, Requesting street closure: yes X no (If yes, need time /date for closure and reopening) no 2014 ST PATS SPECIAL EVENT PERMIT APPLICATION.RpC Pg# 2 Saturda March 15, 2014 (11:00 am —,?:00 p y m) - Atlantic Avenue beginning on Gleason Street heading west to NW 15t Avenue. - Staging on Atlantic Avenue from A1A to the bridge. - In addition, five locations along Atlantic Avenue with fire apparatus stationed with American and other flags suspended above the street with PD & FD prior approval. -Close NE 151 Avenue from Atlantic to the alleyway -City Hall Parking Lot for vehicle staging prior to the Parade -We are requesting that Atlantic Avenue from SE 6m Avenue to Swinton Avenue remain closed to traffic unti1X:00 PM. Requesting barricade assistance: yes X (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes (Will be billed to sponsor) no no X Requesting trash boxes /containers and liners: yes X no Requesting stage use: yes_ no (if yes, check type) Large stage (14'x 361) ❑ Small stage (16' x21') ❑ Half small stage (8' x 21') X Requesting signage: yes X no Type: 4'x4' Event sign X Parking Signs X Banner hanging Indicate dates required March 1- Mar 17, 2013 (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no X yes no X yes X no Other vendors: yes X no (indicate type) Irish Cultural items arts crafts. Business participants Tents: yes no X If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no X (if yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on -site map) yeses no Will there be a charge for the event: yes no X (if yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no X (if yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (if yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes no X (if yes, locate on -site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no X (it yes, indicate locations and purpose for use) Event Permit Attachments: 2014 ST PATS SPECIAL EVENT PERMIT APPI_ICATION.DOC Pg# 3 X Revenue/Expense Budget X. Revenue/Expense Recap Last Year's Event �X Site Plan ^X Letter Requesting Noise Ordinance Waiver _NIA_ Letter Requesting Waiver Consumption Alcohol Beverages _X Proof of Non - Profit Status To come General Liability Insurance Certificate _NIA_ Alcohol Beverage Liability Certificate NIA_ Proof of Rental Agreement or Authorization Letter from Private Property Owner X Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Nei hborhood Block Party 30 days prior to event Event Contractor /Coordinator Please print. John Fischer Date (2 1�3 J Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 1" Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only i �� Date Received Application fee received $ 2014 ST PATS SPECIAL EVENT PERMITAPPLICATIONAOC Pg# 4 2014 ST PAT'S PARADE WORKING BUDGET 2014 St Pats WORKING Budget.xlsx DESCRIPTION 2013 ACTUAL 2014 Budget _ 2014 ACTUAL (To Date) 2014 GRAND TOTALS INCOME Event Sponsor Revenue $ 22,750.00 $ 35,000.00 $ - Float Entries $ 7,870.28 $ 8,000.00 $ - -- TOTAL INCOMI= $ 30,620.28 $ 43,000.00 $ EXPENSES City Services $ 24,611.79 $ 26,000.00 $ - Police, Fire, P &R, Public Works Event Permit $ 250.00 $ 250.00 Office Supplies $ 250.00 $ - Postage $ 35.00 $ - Advertising /Printing /Design $ 1,918.13 $ 2,000.00 $ - Insurance $ 1,400.00 $ 1,400.00 $ - Equipment Rental $ 5,238.49 $ 5,000.00 $ - Miscellaneous Expenses $ 250.00 $ - Bank Service Charges $ 757.82 $ 750.00 Corp Filing Fee $ 65.00 $ 65.00 $ - Outside Contract Services $ 10,754.87 $ 5,000.00 $ - Sunshine Golf Web Design $ 750.00 $ 1,500.00 $ - TOTAL EXPENSES $ 45,746.10 $ 42,500.00 2014 St Pats WORKING Budget.xlsx a� R CL t� Y t,3 �i t0 d ?L' illl -, tAd Andrevs Ave -,�j Sca Ln Seabreeze Ave n w o E Rd V a 9 rive JO ueliauaA Palm Square S CI as ow jAw - �S 0 N cis NE 2nd Ave SE 2r-!d Ave N r Ui NE 1st Ave w z SE 1 st Ave w z � N Sv+nnton Ave � s NE 7th Ave r U � c NW 1 st Ave z s. Z O y SILL/ 2nd Ave 'c aderal Hwy ~ 4D V 3rd Ave NW 3rd Ave L W 4th A e co SNAF 4th Ave a a ^Y PeOurpebr rive JO ueliauaA Palm Square S CI as ow jAw - �S 0 N cis NE 2nd Ave SE 2r-!d Ave N r Ui NE 1st Ave cn SE 1 st Ave N Sv+nnton Ave S Swinton Ave i a: r U � NW 1 st Ave z SW 1 st Ave o y SILL/ 2nd Ave 'c r- ~ 4D V 3rd Ave NW 3rd Ave W 4th A e SNAF 4th Ave 4V v NW Sth Ave to Q s Ln Z O O s O z v ca a #"+ V! Vf 3 O L M Q C O s 0 tA W A 73 `' : r 4 ~� s a 2014 Delray Beach St Pats Parade Line -up March 15th, 2,014 u,wr%�oo m 7 TH AVE. MMMMm 0 r-4 rq m R* m rn rninA Division A Division C VENETIAN DR. Lem., f•l 01 & 2014 Delray Beach St. Pats Parade Line - up.pub 1 3 4 6 7 8 9 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A T L A N T rAj A V E 25 26 27 28 29 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 $0 81 82 83 84 85 86 Division B Division D 506 ET BETWEEN INTRACOASTAL AND 7TH SEABREEZE AVE. 1125 FT BETWEEN INTRACOASTAL AND ANDREWS ANDREWS AVE. Untitled Document Page 1 of 1 Information STEP 1: POPULATION POPULATION of your community: 50,000 to 99,999 v STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): ��59000 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 150000 calculate reset Total Economic It-ipact Of: Total household Local state Expenditures FTE Jobs Income Governmont Government Revenue Revenue Nonprofit Arts and Culture F $59,000 F 1.8 $38,798 1 $2,0121 1 $2,298 Organizations: Nonprofit Arts and Culture $3,397,500 89.7 $1,378;162 $134,949 $158,154 Audiences: Total Industry Impact: $3,456,500 91.5 $1,416,960 $136,961 $160,452 (The Sum of Organizations and Audiences) LPrint Your Results Please see the below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in simila populated communities. FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made I your arts and culture organization and/or ils audiences_ An FTE can be one full -time employee, two half -time employees, four employees who worst quarter -time, etc. Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and/or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government Revenue: The total dollars received by your local and state governments (e.g., license fees, taxes) as a result of the expenditures made by your arts and culture organization and/or its audiences. Back to Calculatoi When using estimates derived from this calculator, always keep the following caveats in mind: (1) the results of this analysts are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic impact study that is customized for your community. © Copyright 2007 by Americans for the Arts. http:// www. americansforthearts .org/information services /research/setvices /economic irnpa... 6/4/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 APPOINTMENTS TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Board of Adjustment. BACKGROUND The terms for regular members, Harvey Starin, Michael Park and alternate member Ms. Brenda Cullinan, will expire on August 31, 2013. Mr. Starin and Mr. Park will have served one (1) full term, are eligible and would like to be considered for reappointment. Ms. Cullinan will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointments are needed for two (2) regular members and one (1) alternate member. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and /or own a business within the City. A proposed LDR amendment is scheduled for the Planning and Zoning Board Meeting of August 19, 2013 where the Board can determine whether to recommend to Commission that three (3) of the five (5) members on the Board of Adjustments are filled with one of the following: architect, realtor /real estate broker, engineer, landscape architect, general contractor, or land planner. The following individuals have submitted applications and would like to be considered for appointment: Brenda Cullinan Retired Superintendent Incumbent Jarjura Jordana Attorney (also applying for the Planning & Zoning Board and the Site Plan Review & Appearance Board) Michael Park Attorney Incumbent Harvey Starin Real Estate Broker Incumbent A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for two (2) regular members. Mayor Glickstein will make the appointment for one (1) alternate member. The terms are for two (2) years ending August 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members and one (1) alternate member to serve two (2) year terms ending August 31, 2015. BOARD OF ADJUSTMENT 08/13 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2013 Harvey Starin Real Estate Broker Appt 08/16/11 08/31/2014 Mel Pollack, Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09 /07/10 Reappt08 /21/12 08/31/2014 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt 08/21/12 08/31/2014 Allen Kilik, Chair Retired -CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08 /21/12 08/31/2013 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg ALTERNATES 08/31/2013 Brenda Cullinan Unexp Appt 11/01/11 Retired 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 U W Q O z U 0 H w w ti 00 � O p 00 00 O O 00 00 O O 00 00 O O 00 00 O O � O M � p O Chi Chi � Chi WL L� WL `� i i M � A i w � w A � i z � d 'O W O 21 21 O N 'O \ O / N i i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Historic Preservation Board. BACKGROUND The terms for regular members, Mr. Ronald Brito, Ms. Iris McDonald and Mr. Samuel Spear will expire on August 31, 2013. Mr. Brito, Ms. McDonald and Mr. Spear will have served one (1) full term, are eligible and would like to be considered for reappointment. Additionally, there is a vacancy due to regular member, Mr. Reginald Cox, being appointed to the Community Redevelopment Agency. Appointments are needed for four (4) regular members. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be considered for appointment. (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (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 Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2015. Commissioner Gray will make the appointment for one (1) regular member to serve an unexpired term ending August 31, 2014. RECOMMENDATION Recommend appointment of three (3) regular members to serve two (2) year terms ending August 31, 2015, and one (1) regular member to serve an unexpired term ending August 31, 2014. HISTORIC PRESERVATION BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Ana Maria Aponte Urban Designer /Land Planner Unexp Appt 08/16/11 Reappt08 /21/12 08/31/2013 Ronald Brito General Contractor Appt 08/16/11 President 08/31/2014 Unexp Appt Vacant 08/31/2014 Annie Adkins Roof, Chairperson Attorney /Real Estate Broker Appt 08/17/10 Reappt09 /04/12 08/31/2014 Annette Smith, Vice Chairperson Business Owner /Interior Designer Unexp Appt 10/05/10 Reappt09 /20/12 08/31/2013 Iris McDonald Realtor Appt 08/16/11 08/31/2013 Samuel Spear, 2nd Vice Chairperson Computer Consultant Appt 09/06/11 HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ronald Brito General Contractor (also applying for the Site Plan Review and Appearance Board and the Planning & Zoning Board) Incumbent Iris McDonald Realtor Incumbent Francis Owen Educator/Realtor Rhonda Sexton Interior Designer Applicants interested in being a Layperson: Philip Friedman Financial Aid- Assistant Director Karen Goranson Paralegal -Owns a home in a Historic District Pamela Grossman Recruiter David Harden Retired City Manager -Owns a Historic Home John Miller Merchandising Category Merchant (also applying for Planning & Zoning Board) Dorothy Payne Companion Adam Reback Government Operations (currently serving on the Nuisance Abatement Board) Francis Rozzo Roofing Contractor -Owns a home in a Historic District Darla Semoff Retired - Realtor Samuel Spear Computer Consultant -Owns a home in a Historic District Incumbent U W Q O z U 0 H w w a a a a a ti O O M O O O CL O O O O ¢' O p O CL O CL 4: i..l i i M OC�j a H H � 0 Cli U CD CA i MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Planning & Zoning Board. BACKGROUND The terms for regular members Mr. Gerald Franciosa, Mr. Jan Hansen and Mr. Connor Lynch will expire on August 31, 2013. Mr. Franciosa will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. Hansen will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Lynch will have served two (2) full terms and is not eligible for reappointment. Appointments are needed for three (3) regular members. 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. A proposed LDR amendment is scheduled for the Planning and Zoning Board Meeting of August 19, 2013 where the Board can determine whether to recommend to Commission that five (5) of the seven (7) members on the Planning and Zoning Board are filled with one of the following: architect, realtor /real estate broker, engineer, developer, landscape architect, general contractor, land planner, or land use attorney. 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 Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2015. RECOMMENDATION Recommend appointment of three (3) regular members to serve two (2) year terms ending August 31, 2015. PLANNING AND ZONING BOARD 08/13 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden Educator Appt 08/17/10 Reappt08 /07/12 08/31/2014 Derline Pierre -Louis Plan & Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Vice Chair Dentistry Appt 09/07/10 Reappt08 /07/12 08/31/2013 Gerald Franciosa, First Vice Chair Accounting/Retired- Appt 08/16/11 Law Enforcement 08/31/2014 Thuy Shutt Assistant Director Reappt08 /07/12 08/31/2013 Jan Hansen V.P. of Regulatory unexp Appt 05/01/12 Affairs 08/31/2013 Connor Lynch, Chair Insurance Appt 08/18/09 Reappt08 /16/11 PLANNING & ZONING EXHIBIT A Ronald Brito General Contractor/President (also applying for the Site Plan Review and Appearance Board; currently serving on the Historic Preservation Board) James Chard Marketing and Planning Consultant (also applying for the Site Plan Review and Appearance Board) Roger Cope Architect (also applying for the Site Plan Review and Appearance Board) Christopher Davey Real Estate Broker (also applying for the Site Plan Review and Appearance Board) Gerald Franciosa Retired /Law Enforcement Incumbent Frank Frione Engineering Consultant/CFO (also applying for the Site Plan Review & Appearance Board) Sheri Hack Legal/Real Estate Jan Hansen Vice President of Regulatory Affairs Incumbent Jay Jacobson Real Estate Investment/President (also applying for the Site Plan Review & Appearance Board) Jordana Jarjura Attorney (also applying for the Site Plan Review and Appearance Board and the Board of Adjustment) Mark Krall Attorney Francis Marincola Business Owner Pearl Markfield Elrod Realtor Robert Marks Chief Construction Inspector (also applying for the Site Plan Review and Appearance Board) John Miller Merchandising Director (also applying for the Historic Preservation Board) Jeremy Office Wealth Management /Owner PLANNING & ZONING EXHIBIT A Michael Park Attorney (currently serving on the Board of Adjustment) Kenneth Peltzie Health Administration /Self - employed Joseph Pike Architect Paul Pugliese Cartographer Juliet Robinson Business Development Loren Rubenstein Educator (also applying for the Site Plan Review and Appearance Board) Jerome Sanzone Building Official (also applying for the Board of Adjustment and the Site Plan Review and Appearance Board) Terra Spero Marketing (also applying for the Site Plan Review and Appearance Board) Harold Van Arnem Commercial & Residential Developer - Principal Alan Weitz Banking Andrew Youngross Engineering Consultant/Principal (also applying for the Site Plan Review & Appearance Board) i i M N � / Z Z / i A z a 0 i .o i bA a N O O / N i w H 0 U z O Q W U ti tA aM O W ..Aw ., � M � O W y ii;Li A - i O CL ~ M p sr~�;Li ACC 0O O 0 /�M 0O y 0 i^QA0 �. - i ;Li 0p O 0 AM 0 0 CCAC L - i 7 . V \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \-i \� °� -i \-i \-i \-i \-i \-i \-i i,A MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Site Plan Review & Appearance Board. BACKGROUND The terms for regular members, Ms. Alice Finst and Mr. Scott Porten will expire on August 31, 2013. Ms. Finst will have served an unexpired term, is eligible and would like to be considered for reappointment. Mr. Porten will have served two (2) full terms and is not be eligible for reappointment. Appointments are needed for two (2) regular members. To qualify for appointment, a person shall either be a resident of, or own property in the City, and /or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor /real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. 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 with the exception of Mr. Borrero. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3) for two (2) regular members to serve two (2) year terms ending August 31, 2015. RECOMMENDATION Recommend appointment of two (2) regular members to serve two (2) year terms ending August 31, 2015. SITE PLAN REVIEW AND APPEARANCE BOARD 08/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2014 Jose Aguila Architect Appt 08/07/12 08/31/2014 Jason Bregman Consultant /Landsc Appt 08/07/12 ape Architecture 08/31/2013 Alice Finst Unexp Appt 01/03/12 Citizen -at -Large 08/31/2014 Rustem Kupi, 2nd Vice Chair Architect Appt 08/17/10 Reappt08 /07/12 08/31/2013 Scott Porten, Vice Chair General Contractor Appt 08/19/09 Reappt08 /16/11 08/31/2014 Mark Gregory Sign specialist Unexp Appt 06/05/12 + 2 yrs 08/31/2014 James Knight Real Estate Unexp Appt 05/15/12 + 2yrs Broker /General Contractor SITE PLAN REVIEW AND APPEARANCE EXHIBIT A Applicants with experience in the professions required: Alejandro Borrero Architect/Project Director Ronald Brito General Contractor/President (also applying for the Planning & Zoning Board; currently serving on the Historic Preservation Board) Roger Cope Architect (also applying for the Planning & Zoning Board) Christopher Davey Real Estate Broker (also applying for the Planning & Zoning Board) Jerome Sanzone Building Official /General Contractor (also applying for the Board of Adjustment and the Planning & Zoning Board) Chris Stray Landscape Architecture & Design Joshua Weaver Project Manager /General Contactor Applicants for At Large Seat: James Chard Marketing and Planning Consultant (also applying for the Planning & Zoning Board) Alice Finst Educator Incumbent Frank Frione Engineering Consultant/CFO (also applying for the Planning & Zoning Board) Jay Jacobson Real Estate Investment/President (also applying for the Planning & Zoning Board) Jordana Jarjura Attorney (also applying for the Board of Adjustment and the Planning & Zoning Board) Frederick Kaub Environmental Services/President Robert Marks Construction Inspector (also applying for the Planning & Zoning Board) Gail -Lee McDermott Administration Robert Moore Financial Management/President SITE PLAN REVIEW AND APPEARANCE EXHIBIT A Loren Rubenstein Educator (also applying for the Planning & Zoning Board) Terra Spero Marketing (also applying for the Planning & Zoning Board) Andrew Youngross Engineering Consultant (also applying for the Planning & Zoning Board) U W t� O z U 0 w O M O M O M O N1 M M M O O O O O O O O O O O O O O �i i i O M W I a � A i z z �i U \ O / N ic, a a a a 4 � ��oposed get !, i i geacl� Table of Contents GENERAL FUND Division General Fund Summary Revenues City Commission City Manager Economic Development Human Resources Public information City Clerk Finance Administration City Attorney Adminstrative Services Clean & Safe Information Technology Police Support Bureau Police Operations Bureau Fire Administration Highland Beach Fire Operations Emergency Management Fire Safety Planning & Zoning Community Improvement Administration Building Inspection Code Enforcement Engineering Public Works Administration Streets Maintenance Traffic Operations Street Lighting Parking Facilities Building Maintenance Parks and Recreation Administration Out of School Teen Center Athletics Special Events Ocean Rescue and Beach Operations Community Center Veterans Park Pompey Park Parks Maintenance Aquatics Operations Page 1 3 8 9 10 11 12 13 14 15 16 17 18 19 22 25 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 GENERAL FUND CONTINUED 99 Catherine Strong Park 53 Tennis Stadium 54 Tennis Centers 55 Cemetery 56 Miscellaneous 57 Grants 59 Debt Service 62 Tra nsfers 63 SPECIAL REVENUE FUNDS Special Revenue Funds Summary 65 Law Enforcement Trust Fund Summary 66 Revenues 67 Expenses 68 Neighborhood Services Fund Summary 69 Revenues 70 Expenses 71 Beautification Trust Fund Summary 87 Revenues 88 Expenses 89 ENTERPRISE FUNDS Enterprise Funds Summary 91 Marina Fund Summary 92 Revenues 93 Expenses 94 Sanitation Fund Summary 95 Revenues 96 Expenses 97 Water and Sewer Fund Summary 99 Revenues 100 Administration 101 Utilities Customer Service 102 Water Treatment & Storage 103 Water Distribution 104 Water and Sewer Fund Continued Environmental Compliance Wastewater Collection Sewage Treatment Water Maintenance Liftstation Maintenance Construction Services Capital Miscellaneous Debt Service Transfers Municipal Golf Course Fund Summary Revenues Administration Pro Shop Course Maintenance Restaurant Capital Debt Service Transfers Lakeview Golf Course Fund Summary Revenues Administration Pro Shop Course Maintenance Restaurant Capital Debt Service Transfers 5tormwater Utility Fund Summary Revenues Administration Stormwater System Maintenance Capital Miscellaneous Debt Service Transfers 105 106 107 108 109 110 111 113 114 115 117 118 119 120 121 122 123 124 125 127 128 129 130 131 132 133 134 135 137 138 139 140 141 142 143 144 c,eweraL T—�c.vu'ld General Fund Summary By Department 2012 2013 2014 % Change Actual Revised Proposed 13 -14 REVENUES Surplus & Encumbrances 0 1,826,844 1,684,110 -7.81% Taxes 57,038,424 57,450,210 60,522,130 5.35% Franchise/Licenses/Permits 9,534,379 8,859,370 8,991,630 1.49% Intergovernmental Revenue 6,433,996 6,746,185 6,599,600 -2.17% Charges for Services 10,391,252 10,286,425 10,517,540 2.25% Fines & Forfeits 1,031,444 1,097,500 998,500 -9.02% Miscellaneous Revenue 5,485,018 5,951,979 5,805,130 -2.47% Transfers 3,821,063 4,355,550 4,553,240 4.54% TOTAL 93,735,576 96,574,063 99,671,880 3.21% EXPENSES City Commission 210,304 327,792 240,790 - 26.54% City Manager 526,476 686,643 514,420 - 25.08% Economic Development 0 192,500 300,000 55.84% Public Information 84,260 76,430 96,760 26.60% City Manager Total 610,736 955,573 911,180 -4.65% Human Resources 512,121 520,690 554,930 6.58% City Clerk 512,019 530,080 574,990 8.47% Finance Administration 1,657,198 1,594,213 1,707,910 7.13% Information Technology 1,634,047 1,565,690 1,700,720 8.62% Finance Total 3,291,245 3,159,903 3,408,630 7.87% City Attorney 758,788 779,060 881,350 13.13% Administrative Services 616,697 648,480 657,330 1.36% Clean & Safe 179,444 218,615 206,450 -5.56% Tennis Stadium 2,145,096 2,477,275 2,391,290 -3.47% Tennis Centers 1,194,314 1,198,170 1,213,300 1.26% Administrative Services Total 4,135,551 4,542,540 4,468,370 -1.63% Police Support Bureau 5,686,469 6,019,883 6,313,260 4.87% Operations Bureau 19,791,873 21,677,591 23,172,440 6.90% Police Total 25,478,342 27,697,474 29,485,700 6.46% Fire Administration 1,676,288 1,744,342 1,735,600 - 0.50% Highland Beach 2,972,040 3,043,994 3,170,100 4.14% Fire Operations 15,632,107 17,026,965 17,624,930 3.51% Emergency Management 11,765 21,821 18,520 - 15.13% Fire Safety 1,092,954 1,045,302 1,070,370 2.40% Fire Total 21,385,154 22,882,424 23,619,520 3.22% 1 N .2012 2013. 2014 % Change - Actual Revised Proposed 13 -14 Planning & Zoning 1,128,940 1,176,630 1,283,390 9.07% Community Improvement Administration 432,286 454,400 534,610 17.65% Building Inspection 1,227,170 1,229,270 1,357,370 10.42% Code Enforcement 952,754 1,052,580 1,128,720 7.23% Community Improvement Total 2,612,210 2,736,250 3,020,700 10.40% Engineering 280,487 678,930 730,370 7.58% Public Works Administration 181,217 182,000 193,910 6.54% Streets Maintenance 785,178 797,210 821,470 3.04% Traffic Operations 423,915 429,245 454,090 5.79% Street Lighting 854,274 841,864 812,320 -3.51% Parking Facilities 883,608 1,255,223 1,435,850 14.39% Building Maintenance 562,944 590,650 633,250 7.21% Public Works Total 3,691,136 4,096,192 4,350,890 6.22% Parks & Recreation Administration 571,701 524,390 556,350 6.09% Out of School 464,136 471,930 480,220 1.76% Teen Center 244,599 243,580 253,010 3.87% Athletics 474,433 450,748 471,650 4.64% Special Events 130,699 129,967 135,890 4.56% Ocean. Rescue and Beach Operations 1,383,456 1,445,990 1,447,430 0.10% Community Center 305,465 299,456 312,890 4.49% Veterans Park 138,745 130,374 160,960 23.46% Pompey Park 788,511 832,501 859,300 3.22% Parks Maintenance 3,728,010 3,816,033 3,908,400 2.42% Aquatics Operations 325,533 291,440 358,190 22.90% Catherine Strong Park 190,733 199,287 234,620 17.73% Cemetery 350,374 378,970 367,070 -3.14% Parks & Recreation Total 9,096,395 9,214,666 9,545,980 3.60% Miscellaneous 120,732 29,950 30,260 1.04% Miscellaneous Grants 207,050 204,750 209,950 2.54% Old School Square 194,750 194,750 194,750 0.00% Library 1,453,500 1,453,500 1,453,500 0.00% Grants Total 1,855,300 1,853,000 1,858,200 0.28% Debt Service 5,113,963 5,365,330 3,996,990 - 25.50% Transfers 9,249,208 9,992,720 10,459,640 4.67% Contingency 0 34,859 250,000 617.17% TOTAL 90,042,631 96,574,063 99,671,880. = 3.21% N City of Defray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y- T- DActuai Request Recommends Fund 001 GENERAL FUND 301.10 -00 PRIOR YEAR SURPLUS 0 0 1,684,090 0 0 1384,110 303.10 -00 PRIOR YEAR ENCUMBRANCES 0 0 142,754 0 0 0 REVENUE 0 0 1,826,844 0 0 1,684,110 311.10-00 CURRENT ADVALOREM TAXES 46,940,920 46,080,286 46,100,210 46,571,308 47,376,590 49,471130 311.20 -00 DEL ADVALOREM TAXES 526,560 144,473 500,000 270,532 35000 350,000 312.41 -00 LOCAL OPTION GAS TAX 1.293,963 1,307,897 1,310,000 1,093,164 1,290,000 1,290,000 314.10 -00 UTIL TAX - ELECTRIC 4,836,012 4,930,270 4,920.000 4,139,216 5,015,000 5,015,000 314.40 -00 UTILTAX -GAS 230,097 219,515 230,000 187,524 220,000 220.000 316.10 -00 BUSINESS TAX RECEIPTS 692.280 689,475 705,000 953,264 705,000 705,000 316.11 -00 BUSINESS TAX INSPECTION 10,114 10,625 10.000 8,800 7.000 9,000 316.30 -00 SIDEWALK PERMITSILIC(YRLY 0 25 0 0 0 0 319.12 -00 COMMUNICATION SERVICE TAX 3,711366 3,655,858 3,675,000 3,003,339 3,460,000 3,460,000 TAXES 58,241,811 57,038,424 57,450,210 56,227,146 58,423,590 60,522,130 321.10 -00 BUSINESS TAX RECEIPTS -100 0 0 6,817 0 0 321.30 -00 SIDEWALK CAFE LIC {YRLY) 100.225 109,091 109,000 88,449 115.000 115,000 322.10 -00 BUILDING PERMITS 1317,773 2,586,414 2,050.130 1,740,443 2.000,000 2,150,000 322.20 -00 ELECTRICAL PERMITS 285.736 310,667 240,000 344,478 300,000 325,000 322.30 -00 PLUMBING PERMITS 132.925 209,679 130.000 167,975 170,000 170,000 322.40 -00 SIGN PERMITS 26,510 21,816 23.750 287B3 25,000 25,000 322.50 -00 AIR CONDIHEATING PERMITS 403308 407,048 345,000 357,366 375,000 425,000 323.10 -00 FRANCHISE FEE - ELECTRICITY 4,446,425 4,360,879 4.450.000 3,465,908 4,200.000 4,200,000 323.12 -00 FRANCHISE FEE - HIGHBRIDGE 2,619 2.750 2,890 2,888 3,030 1030 323,40 -00 FRANCHISE FEE -GAS 76,089 61,086 65.000 30,393 55,000 40,000 323.90 -01 FRANCHISE FEE -BEACH SVC 170,000 170.912 170.000 127,500 170,000 170,000 323.90 -02 FRANCHISE FEE - TOWING 162,400 162,400 162,400 121,800 162,400 162,400 32914 -00 SHUTTER PERMITS 18,380 18,901 20.000 16,324 20,000 20,000 329.15 -00 DEMOLITION PERMITS 5200 3,250 5,000 7,450 5,000 5.000 329.16 -00 ENCLOSURE PERMITS 5,22fl 5,49$ 5,000 9,268 8,000 8.000 329.17 -00 FENCE PERMITS 16.860 20.293 17,000 23,345 20,000 20,000 329.18 -00 GAS PERMITS 24.379 24.857 22.000 22,466 20.000 22,000 329.19 -00 STOCKING PERMITS 0 400 3,750 2,500 2,000 2.000 329.20 -00 PAVING PERMITS 40,965 117,127 80,000 72,803 95,000 95,000 329.21 -00 POOL PERMITS 35,021 42.943 30.000 52,892 35,000 40,000 329.22 -00 ROOF PERMITS 88,435 118,906 130,000 160,269 140,000 150,000 329.23 -00 SEAWALLIDOCK PERMITS 27,760 23,407 30,000 21,847 35,000 35,000 329.24-00 CONDITIONALICERT OF OCCUP 8,400 7,700 11,250 12,600 14,000 14,000 329.25 -00 TENT PERMITS 2,100 1,200 2,500 1,350 2,500 2,500 329.27 -00 TREE PERMITS 10,838 18,785 10,000 13,600 15.000 15,000 329.28 -00 TENANTILANDLORD PERMITS 298,680 427,920 480.000 404,461 425,000 425,000 329.29 -00 RENEWAUEXTENSION PERMITS 600 900 1,000 0 0 0 329.30 -00 CHANGE OF CONTRACTOR 6,730 12,200 7,500 11,700 10.000 10,000 329.31 -00 REVISED DRAWINGS (PLANS) 16.797 24.357 16.000 30,500 25,000 25.000 329.32 -00 NO FINAL INSPECTION FEES 15,250 11,300 11,000 12,300 15,000 15,000 329.34 -00 LANDSCAPE PERMITS 34,590 48,747 40,000 39,894 50,000 50,000 329.35 -00 MISC PERMITS 150,891 159,751 150,000 196,198 175,000 190,000 329.36 -00 TRAILER SALES PERMITS 750 0 600 750 600 0 329.37 -00 TRAILER CONSTRUCT PERMITS 1,000 2,250 1,200 1,500 2,000 2,000 329.40 -00 SPECIAL EVENTS APPL FEES 5.375 6,125 5.500 5,000 3.200 3,200 329.45 -00 CUSTOM BATHTUB INSPECTION 0 50 1.000 2,150 2,500 2,500 329.46 -00 EARLY SUBMISSION FEES 0 0 1,000 2,000 15,000 15,000 329.47 -00 FLOOD ZONE DETERMINATION 0 0 100 0 0 0 329.48 -00 FOUNDATION ONLY PERMITS 4300 11,400 10,000 6,300 10,000 10,000 329.49-00 FOUNDATION PREP WORK ONLY 800 0 0 0 0 0 329.52 -00 ENGINEER AFFIDAVITIINLIEU 0 100 7,200 3,350 5,000 5.000 3 City of Delray Beach 2013.2014 Proposed Budget 4 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -7 -0 Actual Request Recommends Fund 001 GENERAL FUND 329.53 -00 LOSTIREPLACEMENT PLANS 0 0 100 0 0 0 329.54 -00 MEDICAL GAS INSTALLATION 480 240 0 240 0 0 329.55 -00 OPEN PERMIT /PROP SEARCH 12,550 15,030 10,000 15,030 10,000 15,000 329.56 -00 OVERTIME INSPECTIONS 1,200 8,000 2,500 10,000 5,000 10,000 FRANCHISEILICENSEIPERMITS 7,957,962 9,534,380 8,859,370 7,640,886 8,740,230 8,991,630 331.32 -03 HOMELAND 2007 -2010 HAZMAT 4,554 0 0 0 0 0 331.32 -04 HOMELAND 2008 -2009 HAZMAT 3,231 80,590 0 0 0 0 331.32 -05 HOMELAND 2009 -2010 HAZMAT 0 0 30,350 0 0 0 331.32 -06 SAFER GRANT 0 293,781 304,980 275,450 0 0 331.32 -07 HOMELAND 2010-2011 HAZMAT 0 0 52,450 52,582 0 0 331.32 -08 HOMELAND 2011 -2012 HAZMAT 0 0 0 0 12,000 12,000 331.32 -09 HOMELAND 2012 -2013 HAZMAT 0 0 0 0 14,770 14.770 331.76-04 FY2009 JUSTICE ASSIST GRT 17,568 0 0 0 0 0 331.76 -09 CCR -WIS JUSTICE ASST.GRT 35,589 0 0 0 0 0 331.76 -10 FY2011 JUSTICE ASSIST GRT 0 53,503 0 0 0 0 331.76 -11 FY2012 JUSTICE ASSIST GRT 0 0 42,212 42,212 0 0 331.76 -12 FY2013 JUSTICE ASSIST GRT 0 0 0 0 21,000 21,000 331.79-03 HWY SAFETY PD -DUI ENFORCE 28,768 19,367 0 -987 0 0 331.79 -05 SPEED & AGRESSIVE DRIVING 0 0 0 0 25,000 25,000 331.86 -03 2012 BULLETPROOF VEST GRT 0 0 16.800 0 0 0 331.86 -04 2013 BULLETPROOF VEST GRT 0 0 0 0 20,000 20,000 334.36 -00 PBC EMS COUNTY GRANT 0 0 70.000 0. 0 0 334.62 -00 FL DEPT OF TRANSPORTATION 0 0 198,520 0 0 0 334.62 -05 TRI RAIL SHUTTLE -FDOT GRT 29,708 116,992 83,003 83,008 240160 240,160 335.12 -00 STATE REVENUE SHARING 1.701,690 1,604,807 1,650,000 1,362,047 1,685,000 1,685.000 335.13 -00 SALES TAX COLLECTION 4,068.929 3,960,561 3.960.000 3,209,464 4,226,270 4.226,270 335.14-00 MOBILE HOME LICENSE TAX 531 430 750 438 400 400 335.15 -00 ALCOHOLIC BEV LIC TAX 72.789 70,475 72,000 82,152 75,000 75.000 335.25 -00 ST REIMBIFIRE INCENTIVE 58.758 60,352 57,120 62,553 60,000 60.000 335.41 -00 REFUND STATE GASOLINE TAX 50,715 50,525 50,000 23,049 45,000 45.000 337.10 -05 SO FL REGIONAL TRANS.AUTH 0 0 0 0 75.000 75.000 337.46 -00 PBC SPORTS AUTHORITY 0 0 38,000 38,000 0 0 338.20 -00 OCCUPATIONAL LICENSE -PBC 115.672 122,613 120,000 51,763 100,000 100.000 INTERGOVERNMENTAL REV 6,188,502 6,433,996 6,746,185 5,281,732 6,599,600 6,599,600 341.21 -00 ZONING FEES 8.925 14,580 22,980 16,020 24.840 16,000 341.22 -00 BOARD OF ADJUSTMENT FEES 3.955 7,350 5,000 4,440 5.000 7,000 341.23 -00 PLAT APPROVAL FEES 14.575 14,110 9,090 21,919 21,210 28,000 341.24-00 SITE PLAN APPROVAL FEES 47.930 64,450 80,850 61,255 80.850 80,850 341.25 -00 CONDITIONAL USE FEES 13,910 14,895 15.270 25,653 27,530 27,530 341.26 -00 ABANDONMENT FEES 2,160 1.845 2,500 4,140 6,190 5,000 341.27 -00 MASTER PLAN SUBMISSION 4,500 1,527 0 0 1,500 1,500 341.28 -00 RECOVERY OF ADVERT COST 1,691 3,647 1,850 7,293 11,840 7,000 341.30 -00 NON -TAX MAPS &PUBLICATIONS 1,024 832 900 1,556 1,500 1,500 341.30 -01 TAXABLE -ITEMS 793 1,321 1,100 1,025 1.000 1.000 341.31 -00 MISC. LAND USE APPLICATION 27.685 39,370 43,850 35,836 42,980 42,980 341.32 -00 BEACH OVERLAY FEES 14,040 9,460 12,880 19,320 19,320 19,320 341.40 -00 CERTIFICATION,COPY &RECORD 110,424 127.885 110,000 147,958 130,000 130,000 341.45 -00 COPIES - DEVELOP & INSPECT 2,989 3,367 3,000 3,565 4,000 4.000 341.57 -00 ADM FEE -RADON SURCHARGE 2,755 6,771 5,000 6,560 8,000 8,000 341.58 -00 ADM FEE -DPR SURCHARGE 2,803 6,771 5,000 6,560 8,000 8.000 341.65 -00 LIQUOR LICENSE REVIEW 0 125 6.300 2,200 3,000 3,000 341.66 -00 GULFSTREAM PERMIT CONTR 258,483 557,628 350,000 339,830 350,000 350.000 341.90 -00 OTHER GEN GOVT CHARGES 4,649 -514 2,500 -569 500 500 341.90-01 CLEAN & SAFE REIMB O/T 0 0 1,500 0 1,000 1.000 4 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Deperlment Manager Account Description Actuals Actuais Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 342.20 -00 FIRE EMS- GULFSTREAM QTRLY 300,583 315,580 428200 366,107 389,540 389,540 342.21 -00 POL DISPATCH - GULFSTR YRLY 51,192 51,411 54,040 54,036 54,630 54.630 342.23 -00 EMERGENCY SRVC -OIT REIMB 28,648 27,345 32,200 63,853 45,000 45,000 342.24 -00 FIRE -HAZ MAT PROGRAM 221,685 228,336 235,190 235,186 242,250 242,250 342.25 -00 HIGHLAND BEACH CONTRACT 2,976,041 2,951386 2,928,030 2,440,028 3,002,400 3,002,400 342.26 -00 FIRE SAFETY SERVICES 2,550 4,100 3.500 4,275 4,000 4,000 342.27 -00 FIRE SAFETY PLAN REVIEW 74,728 146,122 80,000 93,719 90,000 115,000 342.28 -00 TRANSPORT FEES 1,633,447 2.209,105 2,200,000 1,871,376 2200.000 2,20000 342.28 -01 TRANSPORT FEES - HIGHLAND 12,000 12,000 12,000 9,000 12,000 12,000 342.28 -02 COLLECTION AGENCY 15,948 4,308 10,000 17,717 13,000 13,000 342.30 -00 COUNTY IMPACT - ADMIN FEE 18546 119,483 80.000 57,363 80,000 80,000 342.40 -00 POLICE SECURITY SERVICES 115,912 180,251 137,000 167,897 200.000 200.000 342.41 -00 OFF DUTY DETAIL 22,053 32,197 24.000 32,464 35,000 35,000 342.90 -00 OTHER PUBLIC SAFETY 139,547 57,892 190,000 29,147 190,000 190,000 342.90 -01 E911 CALL TAKER REIMBURSE 0 134,042 0 71,718 0 0 342.91 -00 ALARM REGISTRATION FEES 137,130 165,144 175,000 180,425 170,000 170,000 343.64 -00 PROJECT INSPECTION FEES 5,414 16,776 8,000 9,371 12,000 12,000 343.80 -00 CEMETERY OPEN/CLOSE FEES 63,605 63353 65,000 72,525 65,000 65.000 343.81 -00 N UIS ABATEIADM RECOV FEES 6,865 9,039 4,500 7,446 7,000 7,000 343.86 -00 NUISANCE ABATEMENT FEES 8.620 4.264 10.000 12,340 12,000 12,000 344.51 -00 PARKING FEES 581,281 657,966 650,000 587,421 725,000 725,000 344.51 -01 MULTISPACE METERS - TAXABLE 444,552 514.117 460.000 483,325 575,000 575,000 344.51 -02 SPECIAL EVENTS PARKING 47.929 54,697 53,000 47,532 50,000 50.000 344.51 -04 SMART CARD FEES 4,953 3,138 3,000 1,883 3,000 3,000 344.51 -05 FEDERSPIEL GARAGE 64,106 61,433 66,000 57,885 66,000 66,000 344.51 -0B OSS PARKING GARAGE 135,158 143,066 135,000 133,940 155,000 155,000 344.51 -07 OSS VALET 0 3.706 200.000 42,464 50,000 50,000 344.55 -00 BEACH PARKING PERMITS 36,720 46,180 42,000 62,925 42,000 42,000 344.90 -00 PUBLIC WORKS -OIT REIMB 15,361 13,814 18.720 16,028 21,840 21,840 347.01 -00 REGISTR FEE AFTER SCHOOL 1,910 4,390 2.500 1,290 2,700 2,700 347.02 -00 PROGRAM FEES AFTER SCHL 80,156 87,082 85,000 76,133 85,000 85,000 347.22 -00 ADULT CENTER 1.066 1,483 1,500 1,939 1,700 1,700 347.23 -00 DAY CAMP FEES 24.076 31.925 24,000 31,654 26,000 26,000 347.24 -01 RECREATION SWIM FEES 7,112 6,565 4.900 4,930 2,000 2,000 347.24-02 SWIM LESSON FEES 6,400 4,545 3,500 5,205 1.500 4,000 347.24 -03 AQUATICS PROGRAM FEES 130 70 600 10 100 1,000 347.24 -04 RED CROSS CLASS FEES 90 1,025 1.000 1,090 500 500 347.24 -05 POOL PASS FEES 1,051 1735 2,000 2,508 500 2,000 347.24-06 REGISTRATION FEES 0 0 0 0 0 0 347.24 -07 MEMBERSHIP FEES -40 0 0 0 0 0 347.25 -01 COMMUNITY CENTER 15,706 17534 18,000 12,805 14,500 14,500 347.25 -02 ATHLETICISPECIAL EVENTS 5,924 11.026 12,000 3,142 5,000 5.000 347.25 -03 VETERANS PARK 7,155 11.485 9.000 8,421 10,000 10,000 347.25 -04 POMPEY PARK 18,150 17,817 15,000 31,240 28,000 28,000 347.25 -05 ADMINISTRATION 21,750 14,994 18.000 19,544 25,000 25,000 347.25 -06 TEEN CENTER 589 404 1,500 94 1,000 500 347.25 -07 POOL FACILITY RENTAL 246 849 750 892 500 1,000 347.25 -08 CATHERINE STRONG PARK 4,422 4,084 4,000 2,496 4.500 4.000 347.25 -09 AFTER HOURSMIEEKEND FEES 10,455 13,220 12,000 10,520 %500 12,000 347.27 -00 RECREATIONAL ID CARDS 17,422 14,358 20,000 10,143 20,000 11,000 347.28-00 BEACH SAILBOAT FEES 8,875 11.625 13.500 9,375 11,500 10,000 347.29 -00 POMPEY PARK CHARGES 1,322 1035 2,500 2,525 2,500 3,000 347.40 -00 BASEBALL SCHOOL 1,800 1,800 1.800 1,500 1,800 1.800 347.41 -00 PROGRAM FEES 67,641 51,299 48,000 61,601 49,000 50.000 347.41 -99 MISC PROGRAM FEES 10,731 13,914 14,000 11,286 15,000 15,000 5 City of Delray Beach 2013 -2014 Proposed Budget 9 2011 2012 2013 2013 Department Manager Account Description Actuais Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 347.50 -00 SPECIAL EVENT REVENUE 2,520 0 2,500 100 0 0 347.50 -02 SPECIAL EVENT ADMIN FEE 0 0 8,000 9,266 8,000 8,000 347.59 -00 SPECIAL EVENT - TENNIS PARK 26,928 28,112 33,925 29,130 30,000 30,000 347.70 -01 TENNIS MEMBERSHIP 146135 140,173 140,000 143,289 142,000 142,000 347.70 -02 TENNIS LESSONS 485,262 564,936 540,000 475,050 540.000 540,000 34710 -03 TENNIS EQUIPMENT RENTAL 3,251 1,861 2,500 2,133 2,500 2,500 347.70 -04 LEAGUE FEES 42,377 45,596 47,500 39,800 47,500 47,500 347.70 -05 TENNIS GENERAL ADMISSIONS 94,284 104,114 103,000 80,044 103.000 103,000 347.70 -06 SALE OF MERCHANDISE 21,820 21,231 22,000 19,218 22,000 22,000 347.70 -07 TENNIS MISCELLANEOUS 35 252 0 -472 0 0 347.70 -08 SPONSORSHIPS 0 15,000 45,000 0 0 0 347.70 -11 OTHER COMMISSIONS 5,000 5,000 0 0 0 0 347.70 -17 TENNIS CTR MISC TAXABLE 5,506 7,790 5,000 6,115 6,000 8,000 347.70 -18 VENDING MACHINE SALES 4,587 4,095 4,000 3,161 4,000 4,000 347.98 -00 OTHER PARKS & RECREATION 17,392 18,127 16,000 15,593 7,250 16,000 CHARGES FOR SERVICES 8,857,079 10,391,250 10,286,425 9,066,745 10,491,870 10,517,540 351.10 -00 FINES GENERAL 185,278 179.831 170,000 131,854 180,000 180,000 351.10 -01 HANDICAP TICKET - POLICE 64.475 82,430 78,000 64,000 82,500 82,500 351.10 -02 PARKING TICKET - POLICE 243,089 302,116 280,000 217,148 260.000 260,000 351.10.03 COMMUNICATION412.50 55,826 57,150 56,000 59,652 56,000 56.000 351.10 -04 COLLECTION AGENCY 11,818 11,164 10,000 8,877 14,000 14,000 351.10 -05 BOOT FINES 50 0 0 50 0 0 351.10 -06 SCHOOL CROSSING GUARD ORD 84,225 101,865 95,000 44,705 90,000 90.000 351.30 -00 POLICE EDUCATION 16,842 17,963 18,000 15,380 18,000 16,000 351.40 -00 FINES -CODE ENFORCEMENT 43,100 23,400 25,000 32,863 15,000 15,000 351.40 -01 CIVIL VIOLATIONS 22,525 10,400 8,000 15,977 16.000 20,000 351.90 -00 PENALTIES ON ADVALOREM TX 177,153 0 121,000 0 0 0 354.10 -00 FALSE ALARM FEES - POLICE 4342 53,650 40,000 49,115 30,000 50,000 354.10 -01 FALSE ALARM- REINSTATEMENT 3,690 0 0 0 0 0 354.15 -00 FALSE ALARM FEES -FIRE 1,150 -150 1,500 0 500 0 354.90 -01 LATE FEES - POLICE PARKING 108,037 127.269 140,000 93,767 115.000 115,000 359.10 -00 PENALTY- BUSINESS LICENSES 15,625 16.938 18,000 16,641 18,000 18,000 359.20 -00 PENALTY -BLDG REINSPECTION 8,300 26,400 12,000 37,350 40,000 40,000 359.21 -00 PENALTY -NO BLDG PERMIT 18,905 11,448 18,000 14,971 15,000 15,000 359.22 -00 PENALTY- TENANTILANDLORD 7,530 9.570 7,000 39,980 12.000 25,000 FINES AND FORFEITS 1,072,260 1,031,443 1,097,500 842,328 962,000 998,500 361.01 -00 INTEREST -TAX COLLECTIONS 5.863 22,900 23.000 6,698 23,000 23,000 361.10 -00 INTEREST - INVESTMENTS 111,544 60,970 90,000 490,611 90,000 90,000 361.12 -00 INTEREST- ACCOUNTS REC 3,597 7.906 7,500 7,706 7,500 7,500 361.24 -00 INTEREST -WOODS OFSOUTHRD 19.288 454 1,000 990 1,000 1,000 361.25 -00 INTEREST - PINEAPPLE GROVE 21.011 14,119 21,000 13,416 14,000 14,000 361.31 -00 INTEREST- SEACRESTIDEL IDA 16,684 14,717 16,000 4,769 14,000 14,000 361.32 -00 INTEREST -SW 8TH AVE 336 609 400 262 400 400 361.70 -00 GAIN ON SALE OF INVESTMNT 0 - 34,905 0 - 196,000 0 0 362.10 -00 RENTS 4,059 3,604 3.620 3,151 3,620 3.620 362.21 -00 VENDING AND COKE MACHINE 7,219 4.746 7,500 3,888 4,700 4.700 362.22 -00 PEPSI MACHINE- MONTHLY 5.116 3,653 1500 2,938 3,500 3,500 362.32 -00 TENNIS STADIUM RENTAL 1,330 10,377 4,000 12,000 10,000 10,000 362.41 -00 TOWER RENTAL 75,069 81,370 82,960 73,873 84,030 84,030 362.51 -00 RIVERBOAT WATER TOURS 20,311 15,600 18,500 25,633 18,500 18,500 362.52 -00 MISC DOCKAGE RENTS 2,000 4,500 6,000 3,300 5,000 5,000 362.54-00 CRA -OSS RETAIL SPACE 150.000 150,000 150,000 150,000 150,000 150.000 363.25 -00 WOODS OF SOUTHRIDGE 103 0 0 -327 0 0 363.30 -00 SEACREST /DEL IDA 4,981 4,178 0 552 0 0 9 City of Delray Beach 2013 -2014 Proposed Budget 7 2011 2012 2013 2013 Department Manager Account Descdptiori Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 363.32 -00 SW 8TH ASSESSMENT 1,651 4,410 0 318 0 0 363.42 -00 LAKE I DA RD WALL ASSESSMT 1740 0 0 299 0 0 363.46 -00 PINAPPLE GROVE WAY 2,440 14,683 0 0 0 0 364.40 -00 SALE OF SURPLUS PROPERTY 1,903 1,727 3,000 1,025 3,000 3,000 365.10 -00 SCRAP SALES (TAXABLE) 30 52 1.500 6 1500 1,500 365,10 -02 PROCEEDS PROPERTYROOM.COM 1,139 885 1,500 3,403 1.500 1,500 365.20 -00 SCRAP SALES (NON TAXABLE) 193 0 0 0 0 0 366.00 -00 1,150 0 0 1,137 0 0 366.07 -00 FAMILY CENTRAL -REIMB 85,265 66,576 65,000 48178 65,000 65,000 366.11 -03 FDOT - MASTER ST LIGHTING 117,954 125,967 127,594 127,594 131.420 131,420 366.11 -07 WHALEN -EV CHARGE STATION 6,500 0 0 3,000 0 0 366.11 -10 ADELPHIA -CAP ACCESS GRANT 87,500 87,500 87,500 0 0 0 366.14 -00 PENSION ADMIN REIMBURSEMT 67.290 67,290 70.410 60,169 74,460 74,460 366.39 -00 DBPT - NEIGHBORHOOD SIGNS 0 0 2,500 0 2.500 2,500 366.70 -00 COMM REDEVELOPMENT AGENCY 75,521 0 0 0 0 0 366.70 -19 PLANNING & OTHER SERVICES 110.000 110,000 110.000 82,500 110,000 110,000 366.70 -20 TRI RAIL SHUTTLE -CRA 246,738 200,000 300,000 300,000 300,000 300,000 366.70 -32 IN -HOUSE PROJECT MGMT SVC 91,750 91,750 91,750 68,813 91,750 91,750 366.70 -33 CLEAN AND SAFE DISTRICT 1,196,717 1,144,795 1,294,795 971,096 1330,000 1,330,000 366.70 -55 SPONSORSHIPS 500,000 535.000 535,000 535,000 535,000 535,000 366.70.71 H ILLTOPPER STADI UM-RESODD 32778 0 0 0 0 0 366.70-80 DBPT- NEIGHBORHOOD SIGNS 0 0 2,500 0 2.500 2,500 366.70 -81 FED CUP TIE (APR 2013) 0 0 75,000 75,000 0 0 366.70 -84 CRA -2013 LOC INTEREST 0 0 0 0 9,000 9,000 369,01 -00 REVENUE SHARE - COMMERCE BK 83,111 91,611 105,000 98,038 92.000 110,000 369.01 -01 OFFICE DEPOT INCENT REBAT 0 2,000 1000 0 0 0 369.02 -00 HOME DEPOT- REBATE 0 864 1,000 930 1,000 1,000 369.15 -00 CARON HOUSE P.I.L.O.T, 0 0 49,000 0 73,170 73,170 369.21 -00 REC ADMIN-BEAUTIFICATION 89,000 76,000 71,000 59,167 65,000 65,000 36931 -00 RECOVERY OF PRIOR YRS EXP 14,895 10,768 15,000 15,930 15,000 15,000 369.41 -00 REC ADM COSTS -W &S FD 1,878,000 1,976,000 1,834,000 1,528,333 1.910,000 1,910,000 369,43 -00 REC ADM COSTS- SANITATN FD 343,000 334,000 365,000 304,167 354,000 354,000 369.44 -00 REC ADM COSTSSTORMWATER 130,000 105.000 142,000 118,333 119,000 119.000 369.46 -00 REC ADM COSTS -CITY MARINA 6,000 11.000 11,000 9,967 11,000 11.000 369.74-00 INT ON AUBURN TRACE NOTE 97,750 96,205 94,610 94,614 0 0 369.98 -00 UTILITY REIMBURSEMENTS 35540 36,994 35,340 33,931 36,080 36,080 369.99 -00 MISCELLANEOUS REVENUE 153.238 - 74,857 20,000 21,849 20.000 20,000 369.99 -07 BILLBOARDS 4.000 4,000 4,000 4,000 4,000 4,000 MISCELLANEOUS REVENUE 5,831,303 5,485,018 5,951,979 4,869,456 5,787,130 5,805,130 381.15 -00 SPEC PROJECTS FD XFR 12,000 135,130 673.650 561,375 12,000 12,000 381.23 -00 UTIL TAX SINKING FD XFR 1,760 1,773 1300 0 1,800 1,800 381.80 -00 2004 GO BOND P& R FUND 0 371,000 0 0 0 0 382.39 -00 CONTRB-W&S FD 139,020 108,070 290,320 241,933 294780 1,257,780 382.40 -00 CONTRBSTORMWATER IN LIEU 116,000 120.000 376,170 313,475 383,770 383,770 382.41 -00 CONTRB -W &S FUND IN LIEU 1,672.000 1,439.000 1,437,000 1,197,500 1393.000 1.393.000 382.43 -00 CONTRBSANITATION FD 85,270 85,510 85,510 71,258 110,690 110,690 382.45 -00 CONTRB-DBMGC IN LIEU 48,000 48,000 23,000 19,167 23,000 25,000 382.46 -00 CONTRB- MARINA FD IN LIEU 50,620 50,880 51,800 43,167 49,200 49,200 382.49 -00 CONTRB-W&S W LIEU UTIL 1,564,600 1,461,000 1,416,300 1,180,250 1,320,000 1,320,000 382.53 -00 CONTRB- INSURANCE FD 0 700 0 0 0 0 382.57 -00 CONTRBSTORMWATER FD 31.120 0 0 0 0 0 NON- REVENUES(TRANSFERS) 3,720,390 3,821,063 4,355,550 3,628,125 3,588,240 4,553,240 GENERAL FUND 91,869,307 93,735,574 96,574,063 87,556,417 94,592,660 99,671,880 7 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 11 CITY COMMISSION Div. 11 CITY COMMISSION 11 -10 EXECUTIVE SALARIES 52,788 53,203 53,180 45.684 54,950 60,430 15 -30 EXPENSEIMAYORICOMMISSION 30,250 30,500 30.580 25.417 30,580 30,580 21 -10 EMPLOYER FICA 6,084 6,278 6.280 5.269 6,430 6,640 23 -30 HEALTH INSURANCE 19,352 19,244 25,130 23.034 33.730 33,590 24 -10 WORKERS COMPENSATION 3.900 4.920 4.720 3.933 7.370 _ 7.460 PERSONAL SERVICES 112,374 114,145 119,890 103,337 133,060 138,700 31 -90 OTHER PROFESSIONAL SERVIC 16,392 18,192 46.782 30,731 18,000 18,000 34 -90 OTHER CONTRACTUAL SERVICE 36,600 4.000 81,000 56.400 7,500 7,500 40 -10 TRAVEL &TRAINING 4,749 4.558 2,520 3.215 2,040 2,040 41 -10 TELEPHONE EXPENSE 44 47 50 39 50 50 41 -15 PORTABLE PHONEIMDD 1,507 1.203 1,160 634 1,730 1,730 42 -10 POSTAGE 176 219 250 23 350 350 44 -20 BUILDING 380 0 0 0 0 0 44 -30 EQUIPMENT RENTAL/LEASE 371 0 0 0 0 0 45 -10 GENERAL LIABILITY 4,630 4,760 4,560 3.800 4,600 4,600 48 -10 SPECIAL EVENTS 24,150 24,150 35.250 32.298 24,450 26,200 48 -30 REFRESHMENTIFOODIMEETINGS 1,654 2,787 1,200 1.542 1,400 1,400 49 -10 ADVERTISING 0 0 0 162 150 150 51 -10 STATIONERYIPAPERIFORMS 684 568 500 506 500 500 51 -20 OFFICE EQUIP <$1000 0 111 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 1.605 1,729 1,800 1.423 2,000 2,000 54-10 BOOKS & PUBLICATIONS 0 650 0 190 0 0 54-15 SUBSCRIPTIONS 60 60 70 60 70 70 54 -20 MEMBERSHIPS 28,057 30,548 30,190 27.654 31,440 31,440 54 -30 TRAIN INGIEDUCATION COSTS 822 2.577 2.570 1.185 6.060 6.060 OPERATING EXPENSES 121,880 96,158 207,902 159,862 100,340 102,090 CITY COMMISSION 234,254 210,304 327,792 263,199 233,400 240,790 City of Delray Beach 2013 -2014 Proposed Budget 4 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 12 CITY MANAGER Div. 11 CITY MANAGER 12 -10 REGULAR SALARIESIWAGES 375,739 372,935 353,440 235.249 356,810 358,780 12 -30 TERM PAY /SICK &VACATION 11,208 11,178 124,360 123,682 0 0 15 -20 CAR ALLOWANCE 9,307 9,307 9,310 6.314 9,770 9,770 15 -50 OTHER PAY 0 338 940 5.156 940 940 21 -10 EMPLOYER FICA 26,007 25,930 34,790 24.034 25,140 25,290 22 -10 GENERAL EMPL, RETIREMENT 11,170 4,661 9350 4.540 9,080 9100 22 -30 ICMA CONTRIBUTION 34,343 34,212 34,290 18.004 33,790 33,790 23 -10 LIFE INSURANCE 870 704 740 471 740 740 23 -20 DISABILITY INSURANCE 1,488 1,523 1,130 712 1,060 1,060 23 -30 HEALTH INSURANCE 26,922 33,390 33,500 20.242 33,640 33,510 24-10 WORKERS COMPENSATION 4,270 5,410 5,180 4.317 6.750. 6,840 25 -10 UNEMPLOYMENT COMPENSATIO 140 140 400 250 400 400 25 -20 EMPLOYEE ASSISTANCE PROG. 136. 136 __ ____140 83 130 _ _ 120 PERSONAL SERVICES 501,599 499,863 607,570 443,055 478,250 480,340 34-40 TEMPORARY SERVICES 0 0 705 796 0 0 34 -90 OTHER CONTRACTUAL SERVICE 0 0 32,100 30.784 0 0 40 -10 TRAVEL & TRAINING 5,187 5,453 5,090 4.499 6,720 6,720 40 -15 RECRUITMENTIRELOCATION 0 0 14,588 16.006 0 0 40 -20 NON - EMPLOYEE TRAVEL 0 0 3,600 2.391 0 0 41 -10 TELEPHONE EXPENSE 245 213 210 181 220 220 41 -15 PORTABLE PHONEIMDD 513 647 580 1.000 2,040 2,040 42 -10 POSTAGE 213 119 200 55 200 200 42 -20 EXPRESS CHARGEIMESS.SERV. 0 0 60 55 60 60 44 -30 EQUIPMENT RENTAULEASE 2,727 2,755 2.960 1.970 2,960 2,960 45 -10 GENERAL LIABILITY 12,340 10,720 11,690 9742 13,630 11630 46 -20 EQUIPMENT MAINTENANCE 213 213 210 160 210 210 48 -30 REFRESH MENTIFOODIMEETINGS 93 0 0 419 0 0 49 -95 UNRECONCILED CC CHARGES 0 36 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 78 96 150 0 150 150 51 -20 OFFICE EQUIP. <$1,000 90 218 0 870 0 0 51 -90 OTHER OFFICE SUPPLIES 624 1.043 1,230 1.499 530 530 54-10 BOOKS & PUBLICATIONS 122 208 320 0 570 570 54 -15 SUBSCRIPTIONS 135 119 140 119 140 140 54 -20 MEMBERSHIPS 3,692 3,522 3,730 3.262 3,760 3,760 54-30 TRAINING/EDUCATION COSTS 25 _ 1.250 _ 1.510 2.693 2.890 2.890 OPERATING EXPENSES 28,788 26,610 79,073 76,501 34,080 34,080 CITY MANAGER 530,387 526,473 686,643 519,556 512,330 514,420 4 AccountDescripbon Fund 001 GENERAL FUND Deut 12 CITY MANAGER Din, 12 ECONOMIC DEVELOPMENT 34 -90 OTHER 48 -71 MARKETING 49-59 MICRO LENDING 49-60 ECONOMIC INCENTIVES 49-61 INCENT - ALDRIDGE CONNORS OPERATING EXPENSES ECONOMIC DEVELOPMENT CITY MANAGER City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 Actuals Actuals Revised 2013 Department Manager Y- T- DActual Request Recommends 0 0 45,000 25.308 77.100 77,100 0 0 22,500 5.676 22,500 22.500 0 0 25,000 0 25.000 25,000 0 Q 0 0 60,000 4{#.000 0 0 135,400 40.000 135,400 40.000 0 0 192,500 30,984 300,000 300,000 0 0 192,500 30,984 300,000 300,000 530,387 526,473 879,143 550,539 812,330 814,420 10 11 City of Delray Beach - 2013 -2014 Proposed Budget 2011 2012 2013 2093 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 13 PERSONNEL Div. 11 PERSONNEL 12 -10 REGULAR SALARIESIWAGES 330,417 330,301 331.810 259,305 343,450 355,210 12 -30 TERM PAYISICK & VACATION 0 0 0 11.656 7.000 7,000 21 -10 EMPLOYER FICA 25,135 25.217 25,440 20.132 26.170 27.070 22 -10 GENERAL EMPL. RETIREMENT 25,740 20,170 18,810 20,098 30,300 30360 22 -30 ICMA CONTRIBUTION 16,822 16,758 16.800 6,119 7.290 7,290 23 -10 LIFE INSURANCE 996 804 870 593 770 770 23 -20 DISABILITY INSURANCE 1,308 1,347 1,000 779 1,020 1,020 23 -30 HEALTH INSURANCE 33,652 41,738 41,900 33,504 42,050 41,880 24 -10 WORKERS COMPENSATION 4.000 5,050 4.630 4,025 7,550 7,650 25 -10 UNEMPLOYMENT COMPENSATIO 175 175 500 400 500 500 25 -20 EMPLOYEE ASSISTANCE PROG_ -- 170 170 170 133 170 160 PERSONAL SERVICES 438,415 441,730 442,130 356,746 466,270 478,910 31 -90 OTHER PROFESSIONAL SERV, 8,302 2,180 0 0 0 0 34 -90 OTHER CONTRACTUAL SERVICE 506 280 830 68 340 340 40 -10 TRAVEL & TRAINING 961 2,064 2.600 2.540 3,510 2,010 41 -10 TELEPHONE EXPENSE 583 550 660 401 500 500 41 -15 PORTABLE PHONE/MDD 521 476 480 352 480 480 42 -10 POSTAGE 340 254 300 210 300 300 42 -20 EXPRESS CHARGEIMESS.SERV. 10 0 0 32 0 0 44-20 BUILDINGS RENTAULEASE 500 530 800 550 700 700 44-30 EQUIPMENT RENTALILEASE 2.855 2,874 2,940 2.175 2,940 2.940 45 -10 GENERAL LIABILITY 12710 10,670 11,190 9,325 10,930 10,930 46 -10 BUILDING MAINTENANCE 0 200 0 0 0 0 46 -20 EQUIPMENT MAINTENANCE 865 853 690 670 890 890 46 -90 OTHER REPAIR/MAINT. COSTS 1000 8,665 8,670 8.669 8,790 8.790 48 -10 SPECIAL EVENTS 9,532 12,486 9,700 4.272 9,380 9,380 48 -20 EMPL.RECOGNITION AWARDS 17,800 16.080 14,400 12.286 19.010 19,010 48-30 REFRESHMENTIFOODIMEETINGS 7,566 3,759 9,800 6.428 7,800 7,800 48 -90 OTHER PROMOTIONAL COSTS 107 0 0 0 0 0 49 -10 ADVERTISING 150 0 0 771 0 0 49 -90 OTHER CURRENT CHARGES 0 -2 0 0 0 0 49 -95 UNRECONCILED CC CHARGES 685 330 0 -420 0 0 51 -10 STATIONERYIPAPERIFORMS 927 531 900 182 450 450 51 -20 OFFICE EQUIP. < $1,000 100 35 0 200 0 0 51 -90 OTHER OFFICE SUPPLIES 1,103 639 1,000 660 800 800 52 -20 GENERAL OPERATING SUPP. 0 132 0 0 0 0 54 -10 BOOKS & PUBLICATIONS 254 0 100 59 100 100 54-15 SUBSCRIPTIONS 886 568 570 628 570 570 54-20 MEMBERSHIPS 1,898 1,020 1,340 1,928 1,340 1,340 54 -30 TRAINING /EDUCATION COSTS 7.952 1,886 11.390 _- 10.131 11,690 8.690 OPERATING EXPENSES 80,136 67,060 78,560 62,115 80,520 76,020 64-10 OFFICE FURN.IFIXTURES 0 2,085 0 0 0 0 64 -12 OFFICE EQUIPMENT - __ 4 1.246 0 0 0 _ _ 0 CAPITAL OUTLAY 0 3,331 0 0 0 0 PERSONNEL 518,550 512,121 520,690 418,861 546,790 554,930 11 City of Delray Beach 2013.2014 Proposed Budget 12 2011 2012 2013 2013 Department Man-g et Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt.13 PERSONNEL Div. 16 PUBLIC INFORMATION 12 -10 REGULAR SALARIES/WAGES 35,450 35,314 35,410 29.279 36,830 38,650 14-10 OVERTIME 306 382 1,535 1.513 1.130 1,130 21 -10 EMPLOYER FICA 2,660 2,653 2,650 2.280 2,820 2960 22 -10 GENERAL EMPL. RETIREMENT 3,920 4,294 3,960 2.936 3,960 3,970 23 -10 LIFE INSURANCE 96 91 100 75 90 90 23 -20 DISABILITY INSURANCE 140 144 100 88 110 110 23 -30 HEALTH INSURANCE 6.730 8.348 8,380 6,980 8,410 8,380 24-10 WORKERS COMPENSATION 400 500 480 400 630 640 25 -10 UNEMPLOYMENT COMPENSATIO 35 35 100 83 100 100 25 -20 EMPLOYEE ASSISTANCEPROG. 34 34 30 28 30 __ ____ 30 PERSONAL SERVICES 49,771 51,795 52,745 43,662 54,110 56,060 31 -90 OTHER PROFESSIONAL SERV, 14,500 9,150 0 0 0 0 34-90 OTHER CONTRACTUAL SERVICE 6,875 5394 4,020 4.063 11,430 11,430 40 -10 TRAVEL &TRAINING 139 740 3,050 1,998 800 800 41 -10 TELEPHONE EXPENSE 51 64 70 50 60 60 42 -10 POSTAGE 16 19 50 11 50 50 45 -10 GENERAL LIABILITY 2.260 1,950 1,950 1.625 1,610 1,610 46 -20 EQUIPMENT MAINTENANCE 210 210 2,840 2,842 210 210 46 -90 OTHER REPAIRIMAINT. COSTS 12.100 9.265 10,045 8,270 10,440 10,440 47 -10 PRINTING/BINDING SERVICES 17,310 4.490 0 0 14,210 14,210 48 -90 OTHER PROMOTIONAL COSTS 1,020 0 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 6 97 100 0 100 100 51 -20 OFFICE EQUIP. < $1,000 0 0 0 0 990 990 51 -90 OTHER OFFICE SUPPLIES 242 154 100 64 100 100 54-20 MEMBERSHIPS 0 617 910 867 400 400 54-30 TRAIN INGIEDUCATION COSTS 35 315 550 570 300 _ 300 OPERATING EXPENSES 54,762 32,463 23,685 20,360 40,700 40,700 PUBLIC INFORMATION 104,534 84,258 76,430 64,022 94,810 96,760 PERSONNEL 623,084 596,379 597,120 482,883 641,600 651,690 12 City of Delray Beach 2013 -2014 Proposed Budget 13 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND Dept 14 CITY CLERK Div. 11 CITY CLERK 12 -10 REGULAR SALARIES/WAGES 297,075 285372 286.840 236,638 295,420 310,150 12 -30 TERM PAYISICK & VACATION 19,567 0 0 0 0 0 14-10 OVERTIME 1,913 3,738 2.100 2,891 2,100 2,100 21 -10 EMPLOYER FICA 23,559 21.315 21520 17,589 22,080 23,210 22 -10 GENERAL EMPL. RETIREMENT 36,090 34.855 32.080 23.775 32.120 32,180 22 -30 ICMA CONTRIBUTION 2785 3380 3,690 3.044 3,800 3,600 23 -10 LIFE INSURANCE 1,092 661 930 683 820 820 23 -20 DISABILITY INSURANCE 1,186 1,163 870 715 880 880 23 -30 HEALTH INSURANCE, 42,065 50,085 50,260 41.881 50,460 50,260 24-10 WORKERS COMPENSATION 5,460 6,890 6,610 5.508 8.850 8,960 25 -10 UNEMPLOYMENT COMPENSATIO 219 210 600 500 600 600 25 -20 EMPLOYEE ASSISTANCE PROG. _212 204 _200 �.167 200 190 PERSONAL SERVICES 431 ,223 408,372 405,700 333,390 417,330 433,150 31 -90 OTHER PROFESSIONAL SERV. 11,469 14,080 19,820 22.928 23,190 23,190 34 -10 JANITORIAL SERVICES 217 236 260 149 260 260 34 -20 PEST CONTROL SERVICE 110 110 180 82 180 180 34-40 TEMPORARY SERVICES 0 18,415 21,190 24.663 25,230 25,230 40 -10 TRAVEL & TRAINING 3,170 2,609 2,980 2.527 3,120 3,120 41 -10 TELEPHONE EXPENSE 825 692 700 623 780 780 42 -10 POSTAGE 748 3.661 2,500 903 2,000 2,000 42 -90 OTHER TRANSPORTATION COST 0 1,718 1,730 0 2,270 2,270 4420 BUILDINGS RENTALfLEASE 280 781 790 3.520 556 550 44-30 EQUIPMENT RENTAL/LEASE 8,256 5,573 8,050 7,386 8.050 8,050 45 -10 GENERAL LIABILITY 12,770 11,680 11,360 9.467 11,180 11.180 46 -20 EQUIPMENT MAINTENANCE 1,158 1,418 1,460 972 1,460 1.460 46 -90 OTHER REPAIRIMAINT. COSTS 15,185 8,581 16,720 11.912 18,470 16,470 47 -90 OTHER PRINTING COSTS 2,460 7.542 8,310 5.262 8,160 8,160 48 -30 REFRESHMENTIFOODIMEETWGS 392 0 0 0 0 0 49 -10 ADVERTISING 19,927 16,788 17,800 15,756 21,D00 21,000 49 -90 OTHER CURRENT CHARGES 3,925 3,433 3,450 2.971 3.450 3,450 51 -10 STATIONERYIPAPENFORMS 1,469 1,763 1,800 736 1,850 1,850 51 -90 OTHER OFFICE SUPPLIES 4.528 2,471 2.900 1.622 2,900 2.900 54 -20 MEMBERSHIPS 938 860 1.160 B61 1,460 1,460 5430 TRAINWGIEDUCATION COSTS ! $85 1.215 1,220 625 1.580 1.580 OPERATING EXPENSES 88,711 103,644 124,380 112,966 187,140 137,140 66 -10 SOFTWARE 0 0 0 0 4.700 4.700 CAPITAL OUTLAY 0 0 0 0 4,700 4,700 CITY CLERK 519,934 512,015 530,080 446,356 559,170 574,990 13 City of Delray Beach 2013 -2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROG. 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Regaest Recommends Fund 001 GENERAL FUND 0 31 -90 OTHER PROFESSIONAL SERV. 18,890 26,815 15,153 Dent 15 GENERAL GOVERNMENT 15,000 15,000 32 -10 AUDIT & ACCOUNTING FEES 69,860 65,588 Div. 11 FINANCIAL ADMINISTRATION 70.390 70,530 70,530 3440 TEMPORARY SERVICES 0 12 -10 REGULAR SALARIESIWAGES 985.649 1,010,858 991.710 811.826 1,021,430 1,070,070 12 -30 TERM.PAYISICK & VACATION 85,339 23,641 31.720 33.217 46,710 46,710 13 -10 PARTTIME 0 283 0 0 0 0 15 -50 OTHER PAY 15,100 16,622 0 3.735 0 D 21 -10 EMPLOYER FICA 76,612 78,671 76,910 62.533 81,110 84,830 22 -10 GEN. EMPLOYEE RETIREMENT 88,020 97,257 82,520 55.345 79.630 79,790 22 -30 ICMA CONTRIBUTION 10,607 10,229 11.020 9.104 11,180 11,180 23 -10 LIFE INSURANCE 2,594 2,165 2,260 1.629 1,990 1,990 23 -20 DISABILITY INSURANCE 3.914 4,116 2,980 2.450 3,020 3,020 23 -30 HEALTH INSURANCE 113,590 139,126 134,020 108.890 134,480 133,940 24 -10 WORKERS COMPENSATION 6,240 7,710 7,220 6.017 10,750 10,890 25 -10 UNEMPLOYMENT COMPENSATIO 584 584 1,600 1.299 1,590 1,590 25 -20 EMPLOYEE ASSISTANCE PROG. 66 -10 SOFTWARE CAPITAL OUTLAY PERSONAL SERVICES 1,388,815 1,391,828 1,342,490 1,096,479 1,392,420 1,444,510 31 -80 INVESTMENT SERVICES 0 4199 0 4,635 0 0 31 -90 OTHER PROFESSIONAL SERV. 18,890 26,815 15,153 4,550 15,000 15,000 32 -10 AUDIT & ACCOUNTING FEES 69,860 65,588 70,530 70.390 70,530 70,530 3440 TEMPORARY SERVICES 0 9,263 1,500 23.161 5,000 5,000 34 -90 OTHER CONTRACTUAL SERVICE 264 1735 0 5,786 9,550 9,550 40 -10 TRAVEL & TRAINING 2,334 3,802 2.850 956 8,010 5,510 40 -15 RECRUITMENT EXPENSE 1,056 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 1,296 1,239 1.260 991 1,250 1,250 42 -10 POSTAGE 7,606 5,977 6.700 4,971 6,700 6,700 42 -20 EXPRESS CHARGE/MESSENGER 54 93 100 163 200 200 44 -30 EQUIPMENT RENTAULEASE 6,420 6,537 6,710 5,579 6,680 6,680 45 -10 GENERAL LIABILITY 38,250 37,590 35,100 29,250 33,480 33,480 46 -10 BUILDING MAINTENANCE 0 8,490 0 0 0 0 46-20 EQUIPMENT MAINTENANCE 2,385 2,670 3,290 1,774 3,290 3,290 46 -90 OTHER REPAIRIMAINT,COSTS 329 43,001 49,950 44,253 67,580 67,580 47 -10 PRINTING/BINDING SERVICES 5,117 4,126 5,280 3,205 6,600 5,600 48 0 REFRESHMENTIFOODIMEETINGS 684 966 530 2,312 2,110 2,110 49 -10 ADVERTISING 1,680 2,573 1,780 392 2,280 2.280 51 -10 STATIONERYIPAPERIFORMS 4,007 3,331 4,200 2.981 4,480 3,980 51 -20 OFFICE EQUIP. < $1,000 662 16,737 6,110 4.297 1,410 1,410 51 -25 COMPUTER SOFTWARE <$1,000 159 139 160 316 170 170 51 -90 OTHER OFFICE SUPPLIES 6,171 6,162 7,040 5.600 7,220 6.720 52 -20 GENERAL OPER. SUPPLIES 135 0 0 0 0 0 54-10 BOOKS & PUBLICATIONS 0 159 100 0 160 160 54 -15 SUBSCRIPTIONS 396 401 840 0 900 900 54 -20 MEMBERSHIPS 1.754 1,334 1.990 1,454 1,690 1,690 54 -30 TRAIN INGIEDUCATION COSTS 2,375 3,020 3,700 2,984 6,130 4,630 54-35 TUITION REIMBURSEMENT 4,305 7,687 7,100 1.223 8,430 8,430 54 -90 OTHER BOOKSIMEMBER. COSTS 6955 -Q 550 580 550 550 OPERATING EXPENSES 17606 264,214 232,523 221,804 269,400 263,400 600 OFFICE FURNITURE/FIXTURES 0 1,156 0 0 0 0 66 -10 SOFTWARE CAPITAL OUTLAY 0 1,156 19,200 19,081 0 0 FINANCIAL ADMINISTRATION 1,565,701 1,657,198 1,594,213 1,337,363 1,661,820 1,707,910 GENERAL GOVERNMENT 1,565,701 1,657,198 1,594,213 1,337,363 1,661,820 1,707,910 14 City of Delray Beach 2013.2014 Proposed Budget 15 2011 2012 2013 2013 tiep�rUnent Manager AccountDescriptton Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Deat. 16 CITY ATTORNEY Div. 11 CITY ATTORNEY 12 -10 REGULAR SALARIESIWAGES 384,976 399,793 449,550 367.993 468,750 491,780 15 -20 CAR ALLOWANCE 9.681 9,496 10,197 8,022 9,770 9,770 21 -10 EMPLOYER FICA 27,951 28,706 33,330 26,383 34,210 35,970 22 -10 GENERAL EMPL. RETIREMENT 42,650 46,720 43,320 31,818 43,250 43,330 22 -30 ICMA CONTRIBUTION 3,802 3,787 4,780 3,134 4,930 4,930 23 -10 LIFE INSURANCE 1,068 891 1,110 780 940 940 23 -20 DISABILITY INSURANCE 1.524 1,624 1,360 1,111 1,380 1,380 23 -30 HEALTH INSURANCE 29,165 43,129 50,250 41.881 50,460 50,260 24 -10 WORKERS COMPENSATION 3,900 5,910 5,660 4.717 7,370 7,460 25 -10 UNEMPLOYMENT COMPENSATIO 175 187 600 500 600 600 25 -20 EMPLOYEE ASSISTANCE PROG. 170 181 _ 200 167 200 190 PERSONAL SERVICES 505,063 540,423 600,357 486,505 621,860 646,610 31 -10 LEGAL 253,105 135,122 100,000 74.366 195,000 165,000 31 -90 OTHER PROFESSIONAL SERV. 3,975 3,573 5.000 378 5,000 5,000 33 -10 COURT REPORTER SERVICES 0 0 1000 0 3,000 1,500 34-10 JANITORIAL SERVICES 4,315 3,216 4,120 2.300 3,220 3,220 34 -20 PEST CONTROL SERVICES 156 156 170 117 160 160 34 -90 OTHER CONTRACTUAL SERVICE 1,405 1,402 1.450 1,399 1,510 1,510 40 -10 TRAVEL & TRAINING COSTS 82 919 1,480 2.023 1,440 1,440 41 -10 TELEPHONE EXPENSE 1,205 1,126 1,140 943 1.150 1,150 41 -15 PORTABLE PHONEIMDD 414 0 280 179 480 480 42 -10 POSTAGE 679 747 800 417 570 570 42 -20 EXPRESS CHARGE /MESS.SERV. 103 178 125 124 120 120 43 -10 ELECTRICITY 7.225 5,848 7,100 4.309 5,710 5,710 43 -20 WATERISEWER 823 887 820 708 930 930 43 -25 IRRIGATION WATER 1,976 1,581 11990 655 1,280 1.280 43-50 STORMWATER ASSESSMENT FEE 210 210 210 210 210 210 44 -30 EQUIPMENT RENTALILEASE 5,071 3,906 4391 3.054 4,080 4,080 45 -10 GENERAL LIABILITY 22,650 17,660 18,670 15,558 16,440 16,440 46 -10 BUILDING MAINTENANCE 0 9,999 0 0 0 0 46 -20 EQUIPMENT MAINTENANCE 2,617 2,656 2,700 2,014 2,700 2,700 46 -90 OTHER REPAIRIMAINT.COSTS 0 0 360 360 360 360 47 -20 REPRODUCTION SERVICES 0 0 50 0 50 50 51 -10 STATIONERYIPAPERIFORMS 792 778 900 529 900 900 51 -20 OFFICE EQUIP. < $1,000 115 1.291 870 970 0 0 51 -25 COMPUTER SOFTWARE <$1,000 0 379 427 427 0 0 51 -90 OTHER OFFICE SUPPLIES 2,858 2,298 2,200 852 2.200 2,200 52 -25 JANITORIAL SUPPLIES 51 35 50 22 50 50 54-15 SUBSCRIPTIONS 2.950 3.297 3,180 2,679 3.270 3,270 54-20 MEMBERSHIPS 12,699 14,827 15,240 13.146 14,490 14,490 54-30 TRAIN INGIEDUCATION COSTS 1.465 1.895 _ 1.980 40 1.920 1.920 OPERATING EXPENSES 326,939 213,984 178,703 127,779 266,240 234,740 64-90 OTHER MACHJEQUIPMENT 0 4.378 0 0 Q 0 CAPITAL OUTLAY 0 4,378 0 0 0 0 CITY ATTORNEY 832,002 758,786 779,060 614,284 888,100 881,350 15 City of Delray Beach 2013 -2014 Proposed Budget IM 2011 2012 2013 2013 Department Manager Account Descrption Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 18 GENERAL GOVERNMENT Div, 02 ADMINISTRATIVE SERVADMIN 12 -10 REGULAR SALARIESIWAGES 254,115 280.088 283,780 235.605 296,710 311,250 13 -10 PARTTIME 30,431 2,446 4.060 3.228 6,520 6,520 15-20 CAR ALLOWANCE 2,640 2,640 2,640 2.200 2,640 2,640 21 -10 EMPLOYER FICA 19,674 19,229 19,970 16,081 21,100 22,210 22 -10 GENERAL EMPL. RETIREMENT 27,920 34,478 31,740 12,107 16.140 16,170 22 -30 ICMA CONTRIBUTION - 6,184 6,160 6,180 5,097 6360 6,360 23 -10 LIFE INSURANCE 684 633 680 503 600 600 23-20 DISABILITY INSURANCE 1,005 1,141 860 710 870 870 23 -30 HEALTH INSURANCE 20,191 32,695 33,500 27.920 33,640 33,510 24 -10 WORKERS COMPENSATION 520 780 750 625 780 790 25 -10 UNEMPLOYMENT COMPENSATIO 196 158 420 400 420 420 25 -20 EMPLOYEE ASSISTANCE PROG. 102 136 140 , 111 i30 120 PERSONAL SERVICES 363,662 380,583 384,720 304,587 885,910 401,460 34 -10 JANITORIAL SERVICES 28,930 19,277 24,450 16,575 23,950 23,950 34 -20 PEST CONTROL SERVICE 600 600 2.200 450 1,600 1.600 34 -90 OTHER CONTRACTUAL SERVICE 2,563 1,649 1,770 1,713 1,840 1,840 40 -10 TRAVEL & TRAINING 1.008 2.053 1,360 801 1,380 1.380 41 -10 TELEPHONE EXPENSE 21,561 16.763 21,180 15,511 21,170 21,170 41 -15 PORTABLE PHONEIMDD 1.949 1.182 1,850 1.254 1,450 1,450 42 -10 POSTAGE 126 140 130 90 130 130 43 -10 ELECTRICITY 95,571 91,256 97,070 61.416 88,720 88720 43 -20 WATER AND SEWER 5,792 5,561 5,610 3.248 5,140 5,140 43 -25 IRRIGATION WATER 9.071 6,228 7,920 9.604 7,030 7.030 43 -30 WASTE COLLECT & DISPOSAL 40,501 43.201 43,210 40.715 42,930 42,930 43 -50 STORMWATER ASSESSEMENT C 2.822 2,822 2,820 3.292 3.290 3,290 45 -10 GENERAL LIABILITY 16,220 13,200 13,780 1143 13,670 13,670 46 -20 EQUIPMENT MAINTENANCE 19,123 19,213 25,030 14.324 25,640 25,640 46 -30 VEHICLE MAINT. GARAGE 524 1,090 600 349 1.000 1,000 46 -90 OTHER REPAIRIMAINT. COSTS 2,755 426 4,000 5.047 5,100 5,100 48 -20 EMPL. RECOGNITION AWARDS 0 0 50 0 50 50 48 -30 REFRESHMENT/FOOD/MEETINGS 239 389 0 330 0 0 49 -90 OTHER CURRENT CHARGES 200 0 200 200 200 200 51 -10 STATIONERY/PAPERIFORMS 97 0 150 104 150 150 51 -20 OFFICE EQUIP. < $1,000 498 15 0 27 0 0 51 -90 OTHER OFFICE SUPPLIES 1,045 1,040 1.200 121 1,200 1,200 52 -11 FUEL 0 0 100 0 200 200 52 -20 GENERAL OPERATING SUPP. 1,017 1.000 1,410 794 2,220 2,220 52 -26 GARDENING SUPPLIES 0 7 0 0 0 0 52 -27 EQUIPMENT < $1,000 259 0 0 0 0 0 54-15 SUBSCRIPTIONS 2,910 2,984 5.520 3.012 5,530 5,530 54-20 MEMBERSHIPS 1,646 1,562 1.700 1,602 1,730 1,730 54-30 TRAININGIEDUCATION COSTS 120 295 450 311 550 550 OPERATING EXPENSES 257,147 236,112 263,760 192,373 255,870 255,870 ADMINISTRATIVE SERVADMIN 620,808 616,695 648,480 496,960 641,780 657,330 IM Account Description Fund 001 GENERAL FUND Dept 18 GENERAL GOVERNMENT Div. 03 CLEAN AND SAFE 12 -10 REGULAR SALARIESIWAGES 12 -30 TERM PAYISICK & VACATION 14-10 OVERTIME 14-20 REIMBURSABLE OVERTIME 21 -10 EMPLOYER FICA 22 -10 GENERAL EMPL, RETIREMENT 23 -10 LIFE INSURANCE 23 -20 DISABILITY INSURANCE 23 -30 HEALTH INSURANCE 24 -10 WORKERS COMPENSATION 25 -10 UNEMPLOYMENT COMPENSATIO 25 -20 EMPLOYEE ASSISTANCE FROG. PERSONAL SERVICES 34-20 PEST CONTROL SERVICE 34 -90 OTHER CONTRACTUAL SERVICE 41 -15 PORTABLE PHONEIMDD 44-45 VEHICLE RENTAL- GARAGE 45 -10 GENERAL LIABILITY 46-20 EQUIPMENT MAINTENANCE 46 -30 VEHICLE MAINT. GARAGE 51 -10 STATIONERY /PAPERIFORMS 51 -20 OFFICE EQUIP. < $1,000 51 -90 OTHER OFFICE SUPPLIES 52 -10 FUELILUBE- VEHICLES 52 -20 GENERAL OPERATING SUPP. 52 -22 UNIFORM/LINEN SERVICE 52 -26 GARDENING SUPPLIES 52 -27 EQUIPMENT < $1.000 OPERATING EXPENSES CLEAN AND SAFE City of Delray Beach 2013.2014 Proposed Budget 2012 2012 2013 2013 De artment Manager Actuals Actuals Revised Y -T -D Actual Request Recommends 95,971 86,538 97,710 68.400 99,070 102750 0 91 0 0 0 0 426 1.497 0 0 0 0 0 0 1.500 251 1.000 1,000 6,912 6,329 7,270 5.005 7.310 7,590 10,930 11,835 10,920 6.872 10.760 10,780 300 250 280 203 290 290 380 354 300 207 300 300 20,191 21,565 25,130 16.752 16,820 16.750 3,380 5,110 4,910 4,092 5,120 5,190 105 102 93 91 300 110 208 70 300 100 300 100 138,697 133,751 148,430 102,058 141,070 145,050 6.468 6,468 7,800 4.851 6,600 6,600 5,000 6,485 16,450 8.415 12,350 12,350 440 509 390 305 410 410 12,330 2,310 2,310 1.925 2,310 2,310 4,980 4,690 4,270 3.558 4310 4,610 2,188 1,787 1,800 2.144 3,000 3.000 4,582 4,964 3,350 4.240 3,350 3.350 120 154 100 160 150 150 0 49 0 0 0 0 300 173 300 50 200 200 2,831 3.334 3,000 2.677 3300 3,300 1,600 1,464 1,500 1.178 1,500 1,500 1,300 2,285 1,300 2.075 1,500 1.500 16.020 9,019 25,615 25.907 25,120 20,120 2.200 2.000 2.000 1.997 2.000 _ 2.000 62,359 45,690 70,185 59,481 66,400 61,400 201,056 179,441 218,615 17 161,539 207,470 206,450 City of Delray Beach 2013 -2014 Proposed Budget 18 2011 2012 2013 2013 De artment manager Account Description Actuals Actuals Revised Y- T- DAotual Request Recommends Fund 001 GENERAL FUND Dept 18 GENERAL GOVERNMENT Div. 11 INFORMATION TECHNOLOGY 12 -10 REGULAR SALARIESIWAGES 776,890 742,473 721360 585.713 731,520 766,770 12 -30 TERM.PAYISICK & VACATION 0 2,919 0 0 26,750 26,750 13 -10 PARTTIME 0 0 0 0 20,000 20,000 14 -10 OVERTIME 1,373 2.289 1,500 2.440 3,000 3,000 15-50 OTHER PAY 5,000 4,038 0 0 0 0 21 -10 EMPLOYER FICA 59,750 57,323 55,410 45.108 59,610 62,310 22 -10 GEN. EMPLOYEE RETIREMENT 86,510 94,275 80,670 58.846 78,920 79.070 22 -30 ICMA CONTRIBUTION 20,188 19,135 17,400 14.357 15,570 15,570 23 -10 LIFE INSURANCE 1,752 1,342 1,440 1.028 1,270 1,270 23 -20 DISABILITY INSURANCE 3,075 3,027 2,170 1.769 2,170 2,170 23 -30 HEALTH INSURANCE 67,304 80,693 63760 66.311 84,100 83,760 24 -10 WORKERS COMPENSATION 4,430 5,470 5,120 4.267 7,630 7,730 25 -10 UNEMPLOYMENT COMPENSATIO 350 339 100 800 1,000 1,000 25 -20 EMPLOYEE ASSISTANCE PROD. ___ __ 340 328 340 267 330 310 PERSONAL SERVICES 1,026,963 1,013,652 970,170 780,905 1,031,870 1,069,710 31 -90 OTHER PROFESSIONAL SERV. 4,648 15,664 10,000 9.300 10,000 10,000 34-10 JANITORIAL 2,877 2.148 2,880 1.673 2300 2,300 34-20 PEST CONTROL SERVICES 96 96 140 72 140 140 34-40 TEMPORARY SERVICES 0 4,476 0 6.714 0 0 34-90 OTHER CONTRACTUAL SERVICE 2,124 6,050 2,180 1.164 2.180 2,180 40 -10 TRAVEL & TRAINING 3,544 2,139 3.500 2.421 1410 3,410 41 -10 TELEPHONE EXPENSE 2,349 1,832 1,860 1.524 1,920 1,920 41 -15 PORTABLE PHONEIMDD 2,802 1,656 1,030 1.132 1,540 1,540 41 -20 INTERNET ACCESS 12,300 8,400 8,400 6.300 17,040 17,040 42 -10 POSTAGE 0 79 50 0 50 50 42 -20 EXPRESS CHARGE/MESSENGER 16 57 100 234 100 100 43 -10 ELECTRICITY 26.660 24,757 26,590 17.848 24,400 24,400 43 -20 WATER & SEWER 727 711 730 553 730 730 44-30 EQUIPMENT RENTALILEASE 62,399 65,640 70.200 54.312 70200 70.200 45 -10 GENERAL LIABILITY 38,750 32,690 33.230 27,692 33,040 33,040 46-20 EQUIPMENT MAINTENANCE 93,627 81,436 100,700 66.508 104,890 104,890 46 -30 VEHICLE MAINT: GARAGE 1,252 1,207 700 1.207 1,000 1,000 46 -90 OTHER REPAIR/MAINT.COSTS 251,043 355,610 305,660 95.856 335,800 335,800 48 -30 REFRESHMENT/FOOD/MEETINGS 458 405 350 329 400 400 49 -90 OTHER CURRENT CHARGES 10 0 0 0 0 0 49 -95 UNRECONCILED CC CHARGES 3,356 0 0 352 0 0 51 -10 STATIONERY /PAPER/FORMS 195 202 100 43 50 50 51 -20 OFFICE EQUIP. < $1.000 246 2,463 750 690 0 0 51 -25 COMPUTER SOFTWARE <$1.000 1,171 147 2,000 3.121 1,000 1,000 51 -90 OTHER OFFICE SUPPLIES 8,127 3,198 10,000 10.487 9,000 8,500 52 -11 FUELIOiL OTHER 0 0 100 0 100 100 52 -20 GENERAL OPER. SUPPLIES 6.013 5,595 6,800 6.034 7,500 7,000 54-10 BOOKS & PUBLICATIONS 30 160 150 47 50 50 5415 SUBSCRIPTIONS 100 199 100 84 100 100 54-20 MEMBERSHIPS 320 545 370 370 370 370 5430 TRAININGULICATION COSTS 6.623 2.834 6.850 1.115 4,700 4.700 OPERATING EXPENSES 531,863 620,397 595,520 317,182 632,010 631,010 64-11 COMPUTER EQUIPMENT 1.228 0 0 0 0 0 CAPITAL OUTLAY 1,228 0 0 0 0 0 INFORMATION TECHNOLOGY 1,560,054 1,634,049 1,565,690 1,098,087 1,663,880 1,700,720 GENERAL GOVERNMENT 2,381,918 2,430,185 2,432,785 1,756,587 2,513,130 2,564,500 18 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 21 POLICE Div. 11 SUPPORT BUREAU 12 -10 REGULAR SALARIESIWAGES 2,924362 2,689.588 2,818.430 2.223.070 2,872,160 2,991.090 12 -30 TERM, PAYISICK & VACATION 25,797 153.238 30.000 111.032 82,000 82,000 13 -10 PARTTIME 37,894 23,761 42,070 45.310 48,160 48,160 14 -10 OVERTIME 329,230 283.171 300,000 185.571 310,000 290,000 15 -10 CLOTHING ALLOWANCE 800 1,067 800 800 800 800 15 -20 CAR ALLOWANCE 3,960 3,960 3,960 3.300 3,960 3,960 15-45 EDUCATIONAUCERTIFICATION 9,820 10,360 10,320 9.010 11,280 11,280 15-50 OTHER PAY 10,378 3,940 3,760 3,392 3.760 3,760 21 -10 EMPLOYER FICA 245,575 229,241 237,140 188.034 241,560 249,130 22 -10 GENERAL EMPL.RETIREMENT 234,690 225,969 210,890 146,306 210,590 211,000 22 -20 POLICE/FIRE RETIREMENT 127,704 165,546 238,520 192.695 286,660 283,360 22-30 ICMA RETIREMENT 25,388 23,047 21,740 18.063 22,710 22,710 22.40 RETIREE HEALTH TRUST 24.472 8,454 9,260 9.260 10,690 10,690 23 -10 LIFE INSURANCE 29,461 20.270 23,610 10.299 22,740 22,740 23 -20 DISABILITY INSURANCE 11,591 10,959 8,480 6.723 8,530 8,530 23-30 HEALTH INSURANCE 367,146 447,995 443,920 356.676 445,720 443,930 24 -10 WORKERS COMPENSATION 53,710 48,890 48.280 40.233 48,530 49,160 25 -10 UNEMPLOYMENT COMPENSATIO 2,008 1,825 5,510 4.514 5,290 5,300 25 -20 EMPLOYEE ASSISTANCE PROG, 1.878 1.726 1.800 1,415 1,770 1.680 PERSONAL SERVICES 4,466,362 4,353,009 4,458,490 3,555,722 4,636,910 4,739,280 31 -10 LEGAL 0 0 0 1.800 1,800 1,800 31 -90 OTHER PROFESSIONAL SERV. 5,382 36,400 17,310 4.369 12,780 12,780 34 -10 JANITORIAL SERVICE' 57,911 54,660 67,960 45.115 53,380 51380 34 -20 PEST CONTROL SERVICES 1,008 1,008 1,360 756 1,080 1,080 34-40 TEMPORARY SERVICES 0 3,141 0 0 0 0 34-70 PHOTOIMICROFILM SERVICES 0 290 0 0 0 0 34-90 OTHER CONTRACTUAL SERVICE 49380 75.968 55,050 61.184 55,010 49,010 40 -10 TRAVEL & TRAINING 25,389 31,097 27,000 15.893 39,910 37,910 40 -20 NON - EMPLOYEE TRAVEL 0 1,327 1,990 1,754 7,490 7.490 41 -10 TELEPHONE EXPENSE 16,055 12,286 12,220 9.611 11,860 11360 41 -15 PORTABLE PHONEIMDD 19,354 19,344 19,230 17.531 19,160 19,160 41 -20 INTERNET ACCESS 9,006 8,321 7,320 4.706 7,320 7,320 42 -10 POSTAGE 10,323 9,789 10,000 7.834 10.000 10,000 42 -20 EXPRESS CHARGESIMESSENGER 2,490 751 2,500 759 1,000 1,000 42-90 OTHER TRANSPORTATION COST 0 4 0 0 0 0 43 -10 ELECTRICITY 119,258 123,360 118.250 76,015 112,640 112,640 43 -20 WATER & SEWER 9,752 12,150 12,800 5.636 7,430 7,430 43 -25 IRRIGATION WATER 8,995 7,578 7,080 4,639 7190 7,190 43 -30 WASTE COLLECTION & DISP. 8,361 13,379 15,990 13.296 15,910 15,910 43 -50 STORMWATER ASSESSMENT FEE 2,997 2,997 3,000 2.997 3,000 3,000 44 -20 BUILDINGS RENTAULEASE 6,600 6,050 6,900 6.050 6,900 6,900 44-30 EQUIPMENT RENTAULEASE 31,563 31,499 31,530 23.078 32,210 32,210 44-40 VEHICLES RENTAULEASE 36,880 38.505 37,800 28.272 37.800 37,800 44 45 VEHICLE RENTAL - GARAGE 27,630 35.100 43,100 35.917 38.090 38,090 44 -90 OTHER RENTAULEASE COSTS 0 160 0 0 0 0 45 -16 GENERAL LIABILITY 154,000 127,460 126560 105.467 125.560 125,560 46-16 BUILDING MAINTENANCE 73.955 48,308. 62,500 38.111 92,800 90,300 46 -20 EQUIPMENT MAINTENANCE 133,700 151,027 220,350 180.545 237,160 237,160 46 -30 VEHICLE MAINT: GARAGE 39,281 48.299 40,000 36,336 38,100 38,100 46 -31 VEHICLE MAINT -OTHER 8,719 740 2,100 603 9,100 9.100 46 -90 OTHER REPAIRIMAINT.COSTS 76,178 102,333 138,740 98.040 167,590 167,590 47 -10 PRINTINGIBINDING SERVICES 12,852 6,885 12,930 8.341 8,490 8,490 47 -20 REPRODUCTION SERVICES 20 0 0 0 0 0 48 -10 SPECIAL EVENTS 2,040 1,165 6,390 8.841 8,640 8,640 48 -20 EMPLOYEE RECOG. AWARDS 7,389 5,454 4,730 4.801 5.160 5,160 48 -30 REFRESHMENT/FOOD/MEETINGS 7,973 8.212 10,000 3.863 12.340 12,340 48 -90 OTHER PROMOTIONAL ACTVITI 256 0 1,000 1,133 5,500 5,500 49-10 ADVERTISING 1,029 506 1,500 588 1,500 1.500 49 -90 OTHER CURRENT CHARGES 6,400 8,369 4,900 8.457 5,700 5,700 49 -95 UNRECONCILED C.0 PURCHASE 156 0 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 11,951 9.071 12,690 7.704 8,890 8,890 51 -20 OFFICE EQUIP. < $1,000 11,420 16,589 17308 10.633 18,030 18,030 51 -25 COMPUTER SOFTWARE <$1,000 450 2,189 2,500 429 1,940 440 51 -90 OTHER OFFICE SUPPLIES 18,475 19.931 16.400 13.989 22,010 22,010 52 -10 FUEULUBE VEHICLES 50,224 60,829 56,000 51.520 56,380 56,380 52 -11 FUEUOIL OTHER 84 86 100 0 0 0 52 -20 GENERAL OPER. SUPPLIES 73,393 84,511 88,895 32.794 98,980 98,980 52 -22 UNIFORMSILINEN SERVICE 13,340 14,951 40,814 13.254 38,670 25,670 52 -23 INVESTIGATIVE EXPENSES 1,431 150 0 0 0 0 19 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND DeUL 21 POLICE Div. 11 SUPPORT BUREAU 52 -25 JANITORIAL SUPPLIES 11.481 11667 9,280 11.553 52 -27 EQUIPMENT < $1,000 55,771 12367 38,250 17.208 52 -90 OTHER OPERATING SUPPLIES 0 137 0 0 5410 BOOKS & PUBLICATIONS 2.975 3,145 7,280 3.237 54-15 SUBSCRIPTIONS 4.636 5356 8,230 8.116 5420 MEMBERSHIPS 5378 4.612 10.070 5.528 54-30 TRAIN INGIEDUCATION COSTS 32,707 24742 32.290 18.132 5435 TUITION REIMBURSEMENT 2,283 0 6.000 1.890 5490 OTHER BOOKSIMEMBER.COSTS 0 160 0 0 OPERATING EXPENSES 1,268,277 1,307,417 1,475,997 1,058,324 20 9,280 9,280 52,000 37,000 0 0 6,450 6,450 8,230 8,230 10350 10.350 39,320 39,320 3,200 3,200 1,573,330 1,533,330 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager AccountDesedpfion Actuals Actuals Revised Y -T -D Actual Requesf Recommends Fund 001 GENERAL FUND Dent 21 POLICE Div. 11 SUPPORT BUREAU 62 -10 BUILDINGS 0 7,530 10,150 0 10,150 0 64-10 OFFICE FURNITURE/FIXTURES 6,361 0 a 2.845 0 0 64 -11 COMPUTER EQUIPMENT 7,972 6,502 11,596 0 9,000 0 64 -90 OTHER MACH. /EQUIPMENT 0 5,225 59.130 13,888 46,000 27,000 66 -10 SOFTWARE 0 6.790 4.920 0 13.650 _ 13.650 CAPITAL OUTLAY 14,333 26,047 85,796 16,733 78,800 40,650 SUPPORT BUREAU 5,748,972 5,666,473 6,019,883 4,630,778 6,289,040 6,313,260 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Dapartmenl Manager Account Desodpflon Actuals Actuals Revised Y T -0 Actual Request Recommends Fund 001 GENERAL. FUND Dept 21 POLICE Div. 15 OPERATIONS BUREAU 12 -10 REGULAR SALARIESIWAGES 10,054,292 9,497,003 10165,809 7.900.315 10,541110 10,609,730 1220 TERM.PAYISICK & VACATION 188,039 153,083 150.000 73.394 117,200 117,200 13 -10 PARTTIME 45,863 31,045 40220 41.207 85,200 62.700 14 -10 OVERTIME 626,469 610,237 670.002 587.086 586,000 586,000 14 -20 REIMBURSABLE OVERTIME 0 105,328 90,000 104.415 179,000 179.000 15 -10 CLOTHING ALLOWANCE 20.133 19,533 24.800 17.867 17,600 17,600 15-40 INCENTIVE PAY 2,791 2,791 4,210 3,489 5,620 5,620 15-45 EDUCATIONALICERTIFICATION 14650 145,612 141,460 122.411 142,320 142,320 15-50 OTHER PAY 27349 4,880 940 6,890 0 0 21 -10 EMPLOYER FICA 816.340 773,900 851,060 650.391 868,210 871,590 22 -10 GENERAL EMPL.RETIREMENT 95,950 110,313 101,970 85.005 103,690 103.890 22 -20 POLICE/FIRE RETIREMENT 3.688,963 3.032,053 3,893,010 3.110.330 4,945,470 4,888,510 2220 ICMA RETIREMENT 34,179 36,731 35.510 28.875 35,110 35,110 22-40 RETIREE HEALTH TRUST 289,533 219189 249,709 249.709 288.240 288,240 23 -10 LIFE INSURANCE 16,925 15,061 18,070 12.955 16,340 16,340 23 -20 DISABILITY INSURANCE 39,892 38.404 30,730 21841 30.950 30,950 23-30 HEALTH INSURANCE 1.012,357 1,232,647 1,340,190 1.065361 1,362,390 1,356,930 24 -10 WORKERS COMPENSATION 477,340 433.860 428,420 357.017 430.670 436,240 25 -10 UNEMPLOYMENT COMPENSATIO 5,494 5,344 16,620 13.504 17.030 17,070 25 -20 EMPLOYEE ASSISTANCE PROD. 5.271 5.139 5.500 _ 4.456 5.580 5.300 PERSONAL SERVICES 17,593,748 16,472,155 18,258,250 14,459,017 19,779,730 19,770,340 31 -90 OTHER PROFESSIONAL SERV. 9,134 8,512 9,000 7.054 8,000 8,000 34-70 PHOTOIMICROFILM SERVICES 0 0 180 0 180 180 3490 OTHER CONTRACTUAL SERVICE 179,517 237,512 245,130 213.049 245,130 245,130 40 -10 TRAVEL & TRAINING 24116 22,936 32,450 28.781 70,750 45,000 40 -20 NON - EMPLOYEE TRAVEL 0 2,123 2,470 3.565 2,880 2,880 41 -10 TELEPHONE EXPENSE 10,733 7,978 10.380 5.443 10,300 10300 41 -15 PORTABLE PHONEIMDD 118,850 107,269 131,590 83.128 137,370 137.370 42 -10 POSTAGE 12 19 50 0 50 50 42 -20 EXPRESS CHARGES/MESSENGER 16 192 50 199 100 100 43 -30 WASTE COLLECTION & DISP. 0 524 2.000 0 1,200 1.200 44 -30 EQUIPMENT RENTALILEASE 23,020 19,367 22,120 15.267 22,120 22.120 4440 VEHICLES RENTALILEASE 74,438 54,674 31170 28.100 35,400 35.400 44 -45 VEHICLE RENTAL- GARAGE 656,220 689,460 692,970 577.475 742,360 742360 44 -90 OTHER RENTALILEASE COSTS 36 0 0 0 0 0 45 -10 GENERAL LIABILITY 504,270 416,980 453,910 378,258 458,420 458.420 46 -10 BUILDING MAINTENANCE 0 53 0 84 0 0 46-20 EQUIPMENT MAINTENANCE 19,307 9.011 9,610 6.914 6,470 6,470 4620 VEHICLE MAI NT, GARAGE 502.584 538,137 450,000 439.612 622,820 532,820 46 -31 VEHICLE MAINT -OTHER 26.853 28.604 40.300 19.337 39,080 39,080 46 -90 OTHER REPAIRIMAINT.COSTS 79.110 176,976 173,030 186.016 179,370 179,370 47 -10 PRINTINGIBINDING SERVICES 5,208 2,600 4,000 285 2,650 2,650 48 -10 SPECIAL EVENTS 0 0 850 998 0 0 48 -20 EMPLOYEE RECOG. AWARDS 2,646 140 0 113 0 0 48 -30 REFRESHMENTIFOOD1MEETINGS 1,944 1,036 1500 699 2,550 2,550 48 -90 OTHER PROMOTIONAL ACTVITI 0 0 500 0 800 800 49 -90 OTHER CURRENT CHARGES 0 0 11,500 11.500 0 0 51 -10 STATIONERYIPAPERIFORMS 894 1,779 3,440 617 2,950 2,950 51 -20 OFFICE EQUIP. < $1,000 14,898 12,913 19,820 13.958 24,600 20,800 51 -25 COMPUTER SOFTWARE <$1,000 1,030 692 0 2.765 0 0 51 -90 OTHER OFFICE SUPPLIES 19,377 15,570 20,590 14.476 15,600 15,600 52 -10 FUELILUBE VEHICLES 627,350 651.966 588.000 520.779 584,550 584,550 52 -11 FUELIOIL OTHER 0 150 0 0 0 0 52 -19 SWAT EXPENDITURES 32,568 35,769 52.590 6.160 25,940 1,600 52 -20 GENERAL OPER. SUPPLIES 16,856 19,054 24.240 17.043 24.340 24,340 52 -21 CHEMICALS 27 0 2,870 187 3,110 3,110 52 -22 UNIFORMSILINEN SERVICE 46,513 55,171 48,000 40.612 59.610 59,610 52 -23 INVESTIGATIVE EXPENSES 25,450 27.765 26,000 21.976 36,500 36,500 5227 EQUIPMENT < $1,000 32,303 86,820 56,910 48.316 86.900 67,950 52 -28 K -9 EXPENSES 9,622 21,871 25,000 14.463 34,000 34,000 52 -90 OTHER OPERATING SUPPLIES 0 17 0 0 0 0 54-10 BOOKS & PUBLICATIONS 2,642 1,342 2,270 718 1,630 1,630 54-15 SUBSCRIPTIONS 29 128 330 308 300 300 5420 MEMBERSHIPS 4,271 3,288 3,880 3.531 3,650 3,650 5420 TRAININGIEDUCATION COSTS 33,192 9,793 33,000 20,766 41.940 34,940 54-35 TUITION REIMBURSEMENT 8.714 1,3146 16,740 16.975 19.320 _ 19.320 OPERATING EXPENSES 3,113,752 3,281,337 3,250,440 2,749,529 3,552,940 3,383,100 64 -10 OFFICE FURNITUREIFIXTURES 0 2,085 0 3.010 0 0 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 21 POLICE Div. 15 OPERATIONS BUREAU 64 -11 COMPUTER EQUIPMENT 3,679 12.104 49,570 0 48,470 0 64 -20 AUTOMOTIVE 18,909 0 0 0 0 0 64-90 OTHER MACH.IEQUIPMENT 18.290 18,058 96,741 63.484 33,260 19,000 66 -10 SOFTWARE 0 6.136 22.590 8.340 _ Q _0 CAPITAL OUTLAY 40,878 38,384 168,901 74,833 81,730 19,000 OPERATIONS BUREAU 20,748,378 19,791,876 21,677,591 17,283,380 23,414,400 23,172,440 City of Delray Beach 2013 -2014 Proposed Budget 24 2011 2012 2413 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent. 21 POLICE Div. 26 COALITION COMMUNITY RENEW 48 -10 SPECIAL EVENTS 179 0 0 0 0 0 52 -27 EQUIPMENT <$1.000 3,534 0 0 0 0 0 57 -02 YOUTH CRIME PREVENTION 8,017 0 0 0 0 0 57 -04 DRUG EDUC FOR YOUTH -DEFY 2,609 0 0 _ 0 0 0 OPERATING EXPENSES 14,339 0 0 0 0 0 64-90 OTHER MACHJEQUIPMENT 6250 0_ 0 0 0 0 CAPITAL OUTLAY 6,250 0 0 0 0 0 83 -01 OTHER GRANTS & AID 15.000 0 0 0 0 0 GRANTS AND AIDS 15,000 0 0 0 0 0 COALITION COMMUNITY RENEW 35,589 0 0 0 0 0 POLICE 26,532,939 25,478,349 27,697,474 21,914,158 29,703,440 29,485,700 24 City of Defray Beach 2013.2014 Proposed Budget 25. 2011 2012 2013 2013 Depariment Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND DeDt, 23 FIRE Div. 11 FIRE ADMINISTRATION 12 -10 REGULAR SALARIESIWAGES 791.224 714.723 686,130 533.075 750,120 774,960 12 -20 HOLIDAY PAY 817 0 0 0 0 0 12 -30 TERM.PAYISICK & VACATION 0 1,649 0 0 7,620 7,620 14 -10 OVERTIME 1,311 317 700 922 0 0 1545 EDUCATION/CERTIFICATION 14,450 10,020 8,910 6.840 9,040 9,040 15 -50 OTHER PAY 273 50116 940 756 940 940 21 -10 EMPLOYER FICA 57,307 55,913 51,090 39.098 57,060 58,960 22 -10 GENERAL EMPL. RETIREMENT 53,660 45,642 26,750 22.256 30,580 30,640 22 -20 POLICE & FIRE RETIREMENT 195,996 147,657 190,390 107.964 175,280 173,260 22 -30 ICMA CONTRIBUTION 11,443 11,196 8,790 8.928 12,120 12,120 22-40 RETIREE HEALTH TRUST 19,610 3.921 3,731 3,730 4,150 4,150 23 -10 LIFE INSURANCE 16.081 8,974 7,580 3.212 7,760 7,760 23 -20 DISABILITY INSURANCE 3,150 2,925 2,070 1.609 2,240 2,240 23 -30 HEALTH INSURANCE 78,522 91,841 92,180 70,499 92,510 92,140 24 -10 WORKERS COMPENSATION 27,080 20,840 16,660 13.883 17,640 17,870 25 -10 UNEMPLOYMENT COMPENSATIO 435 397 1,100 841 1,100 1,100 25 -20 EMPLOYEE ASSISTANCE PROG. 421 385 350 281 360 340 PERSONAL SERVICES 1,271,799 1,166,515 1,097,371 813,896 1,168,520 1,193,140 31 -90 OTHER PROFESSIONAL SERV. 50,965 37,403 21,000 8.875 22,500 20,000 34 -10 JANITORIAL SERVICES 7,516 7,400 8,640 5.930 8,640 6,640 34 -20 PEST CONTROL SERVICES 5,537 11,223 8,680 3.721 8,680 8,680 34 -90 OTHER CONTRACTUAL SERVICE 8,190 5,835 16,870 14.470 11,490 11,490 40 -10 TRAVEL & TRAINING 9,419 5,795 10,000 9.488 18,580 15,120 41 -10 TELEPHONE EXPENSE 4,248 4197 3,390 2.838 3,690 3,690 41 -15 PORTABLE PHONE /MDD 6,585 3307 4320 3.259 4,120 4,120 41 -20 INTERNET ACCESS 0 0 500 235 0 0 42 -10 POSTAGE 7,011 10,864 12,000 8.065 11,000 11,000 42 -20 EXPRESS CHARGE/MESSENGER 2,700 847 1,300 601 1,500 1,500 43 -10 ELECTRICITY 87,513 91,267 87,940 56.157 81,380 81,380 43-20 WATER & SEWER 12,416 12,732 12,900 9,675 12,200 12,200 43 -25 IRRIGATION WATER 14,730 11,100 14,320 8,228 9.350 9,350 43 -30 WASTE COLLECTION & DISP. 5,746 6,131 6,150 6.093 6,110 6,110 4340 GAS 9712 9,412 10,000 9.758 10,000 10,000 43 -50 STORMWATERASSESSMENT FEE 5,484 5,484 5,500 5.525 5,540 5.540 4430 EQUIPMENT RENTAULEASE 9,667 9,988 10,440 7.587 9,530 9,530 4440 VEHICLE RENTAULEASE 0 0 100 0 200 200 44-45 VEHICLE RENTAL- GARAGE 17,510 16,570 13,900 11.583 13,150 13,150 45 -10 GENERAL LIABILITY 48,690 42,230 42,330 35.275 35,790 35,790 46 -10 BUILDING MAINTENANCE 132,879 73,425 112,300 75,107 134,180 101,230 46 -20 EQUIPMENT MAINTENANCE 30,339 28,883 24,440 17,337 24,440 24,440 46.30 VEHICLE MAINT,-GARAGE 15.187 14,973 10,600 14.704 15.150 15,150 46 -90 OTHER REPAIRfMAINT. COST 0 0 700 486 0 0 47 -10 PRINTING/BINDING SERVICE 3,727 3,927 4,000 1.960 5,500 4,000 48 -20 EMPLOYEE AWARDS 1,291 356 1,300 869 31000 3,000 48 -30 REFRESH MENTIFOODfMEETINGS 1.681 1,756 1291 1,939 3,350 3,350 49 -10 ADVERTISING 0 98 100 0 200 200 49 -90 OTHER CURRENT CHARGES 167 0 180 180 180 0 51 -10 STATION ERYIPAPERIFORMS 1,996 1,727 2,230 1,294 2,330 2,330 51 -20 OFFICE EQUIP. < $1,000 2,978 3,588 3,000 1.472 8,930 4,400 51 -25 COMPUTER SOFTWARE <$1,000 999 0 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 13,169 11,085 12,000 7.671 13.870 13,870 52 -10 FUELILUBE VEHICLES 14,319 13,812 13,000 12.574 14,420 14,420 52 -18 BUNKER GEAR 4.662 2,015 4,660 969 3,740 1,310 52 -20 GENERAL OPER, SUPPLIES 4.724 5,957 6,650 6.709 3,800 3,800 52 -22 UNIFORMS/LINEN SERVICE 4.431 8,423 6,630 5.768 6,190 5,240 52-25 JANITORIAL SUPPLIES 14,554 14,132 16,500 12.608 13,200 11200 52 -27 EQUIPMENT < $1,000 6,894 9,724 50,500 6.860 13,160 6,600 52 -61 EMS SUPPLIES 0 38 0 0 0 0 54-10 BOOKS & PUBLICATIONS 379 217 5,550 701 5,550 2,800 54 -15 SUBSCRIPTIONS 120 343 200 99 200 200 54 -20 MEMBERSHIPS 1,596 1,655 1,760 662 1,660 1,660 54-30 TRAIN INGIEDUCAT ION COSTS 8,073 8,650 11,000 12.074 10,910 8,990 54 -35 TUITION REIMBURSEMENT 300 1155 2.000 1.437 4.280 4.280 OPERATING EXPENSES 578,106 498,223 581,871 390,843 561,690 501,960 25. City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Deft 23 FIRE Div. 11 FIRE ADMINISTRATION 64 -10 OFFICE FURN. /FIXTURES 64 -11 COMPUTER EQUIPMENT 64 -90 OTHER MACH.IEQUIPMENT CAPITAL OUTLAY FIRE ADMINISTRATION 3,448 2,371 5.000 4.928 3,500 3,500 1,104 0 0 0 0 0 6.627 9.177 _ _ 60.100 ._ _ 9.592. _ 43.500 37.000 11,179 11,548 65,100 14,520 47,000 40,500 1,861,084 1,676,286 1,744,342 26 1,219,258 1,777,210 1,735,600 City of Delray Beach 2013.2014 Proposed Budget 27 2011 2012 2013 2093 De aliment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept. 23 FIRE Div. 13 HIGHLAND BEACH 12 -10 REGULAR SALARIESIWAGES 1.581,796 1,607,452 1.602150 1.281.440 1.587.240 1,587,240 12 -20 HOLIDAY PAY 53,720 53,213 56,760 42.404 55,000 55,000 12 -30 TERM.PAYISICK & VACATION 45,427 0 20,130 20.051 0 0 14 -10 OVERTIME 220,226 227,697 191,260 233399 191,260 191260 1545 EDUCATIONICERTIFICATION 33,310 34,680 36,120 33.400 43300 43,300 15 -50 OTHER PAY 1,283 1,257 1,130 1.143 1,130 1,130 21 -10 EMPLOYER FICA 139,608 138,855 140,430 116.267 138.030 138,030 22 -20 POLICE & FIRE RETIREMENT 681,335 520,592 544,630 486.248 692.890 684,910 2240 RETIREE HEALTH TRUST 52,041 39,502 37,619 37.618 41.860 41360 23 -10 LIFE INSURANCE 2,108 2,000 2,240 1.650 1,980 1,980 23 -20 DISABILITY INSURANCE 6,311 6538 4,840 3.873 4,740 4,740 23 -30 HEALTH INSURANCE 148,070 183,646 184,270 153.562 165,020 184,280 24 -10 WORKERS COMPENSATION 70,500 54,250 43,370 36.142 45,920 46,510 25 -10 UNEMPLOYMENT COMPENSATIO 771 771 2,200 1.832 2,190 2,190 25 -20 EMPLOYEE ASSISTANCE FROG. ___747 747 730 612 730 690 PERSONAL SERVICES 3,037,453 2,871,199 2,867,879 2,451,640 2,991,290 2,983,120 34 -20 PEST CONTROL SERVICES 0 0 280 0 0 0 34 -90 OTHER CONTRACTUAL SERVICE 585 540 700 1.827 1,560 1,560 40 -10 TRAVEL & TRAINING 0 0 140 0 140 0 41 -10 TELEPHONE EXPENSE 1,601 1303 1,610 1.335 1,610 1,610 41 -15 PORTABLE PHONEIMDD 280 -5 0 3 0 0 43-40 GAS 2,316 2,400 2,000 2.614 2,000 2,000 46 -10 BUILDING MAINTENANCE 5,790 4,481 8,900 2.333 6,600 6,600 46 -20 EQUIPMENT MAINTENANCE 5,101 1,467 11,620 5.257 17,360 17,360 46 -30 VEHICLE MAINT,- GARAGE 46,883 33,912 45,000 54.377 60,000 60,000 49 -90 OTHER CURRENT CHARGES 0 0 1.040 0 1,040 100 51 -20 OFFICE EQUIP. <$1,000 0 374 0 0 0 0 52 -10 FUEULUBE VEHICLES 12,398 13,021 11,900 8.145 12.990 12,990 52 -16 EMS SUPPLIES 0 0 31,140 28,032 31,140 30,190 52 -18 BUNKER GEAR 1.618 0 26,635 25.365 27,040 11,320 52 -20 GENERAL OPER. SUPPLIES 637 22,332 1,150 1.425 1,150 1,150 52 -22 UNIFORMS/LINEN SERVICE 8,605 9,413 11.460 10.844 10,870 9,900 52 -25 JANITORIAL SUPPLIES 1.005 1,500 1500 1.485 1,500 1,500 52 -27 EQUIPMENT <51,000 8,003 5,397 3,180 1.537 3.780 3.780 54 -10 BOOKS & PUBLICATIONS 0 0 200 0 120 120 54-30 TRAININGIEDUCATION COSTS 500 2,975 5,000 4.567 15,540 13,340 54-35 TUITION REIMBURSEMENT - 1,618 1.430 1.560 2.399 1.560 1,5QQ OPERATING EXPENSES 96,938 100,839 165,015 151,545 196,000 175,080 64 -90 OTHER MACH.IEQUIPMENT 8.417 0 11.100 7.789 18.800 11.900 CAPITAL OUTLAY 8,417 0 11,100 7,789 18,800 11,900 HIGHLAND BEACH 3,142,808 2,972,039 3,043,994 2,610,973 3,206,090 3,170,100 27 City of Delray Beach 2013.2014 Proposed Budget 28 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 23 FIRE Div. 15 FIRE -OPERATIONS 12 -10 REGULARSALARIESIWAGES 7240,687 7,501,101 7.698.820 6.014.493 7,857,800 8.083,550 12 -20 HOLIDAY PAY 246.693 249,179 270,460 191.721 263,230 270,100 12 -30 TERM.PAYISICK & VACATION 55,240 32,169 104,980 121.281 70,010 70.010 14 -10 OVERTIME 1,051.654 969,333 1.000.000 922.059 755,750 721.970 14 -20 REIMBURSABLE OVERTIME 176 0 0 12.193 0 0 1545 EDUCATIONICERTIFICATION 196,970 216,613 239.330 183.247 230,750 230.750 15 -50 OTHER PAY 4,918 5,353 5.450 4359 5.440 5,440 21 -10 EMPLOYER FICA 642.731 651,875 677.660 543.760 680,330 680,330 22 -10 GENERAL EMPL. RETIREMENT 0 0 3340 5.855 12.680 12,700 22-20 POLICE & FIRE RETIREMENT 3,046,766 2,551,949 3.165.060 2.349.749 3,487,750 3,559,490 22 -30 ICMA CONTRIBUTION 13,853 15,413 16510 13.572 16,280 16,280 22-40 RETIREE HEALTH TRUST 244,386 170,463 162,345 162.345 180,650 180,650 23 -10 LIFE INSURANCE 10,209 9,896 12,340 8.258 10,530 10,890 23 -20 DISABILITY INSURANCE 29,081 30,506 24,470 18.204 23,440 24,030 23 -30 HEALTH INSURANCE 657,418 852,816 963,250 715,460 933,500 963.270 24-10 WORKERS COMPENSATION 342,340 263,440 210,620 175.517 223,000 225,870 25 -10 UNEMPLOYMENT COMPENSATIO 3,505 3,644 11,600 8.763 11.150 11.580 25 -20 EMPLOYEE ASSISTANCE PROG. 3.397 3.532 - ^,3.870 2,92Z 3.700 3.640 PERSONAL SERVICES 13,790,024 13,527,280 14,570,605 11,446,063 14,765,990 15,070,550 31 -90 OTHER PROFESSIONAL SERV. 43,247 31.452 32,000 31.012 32.800 32,800 34-90 OTHER CONTRACTUAL SERV. 36,209 0 0 0 0 0 40 -10 TRAVEL & TRAINING 8,693 10.478 18,000 11049 30.000 30,000 40 -20 NON - EMPLOYEE TRAVEL 0 456 930 547 930 930 41 -10 TELEPHONE EXPENSE 14581 14.267 15.000 12.539 15,000 15,000 41 -15 PORTABLE PHQNEIMDD 22.786 25.315 26.020 20.645 33,480 33,480 44.40 VEHICLE RENTALSILEASES 0 0 100 0 200 200 44-45 VEHICLE RENTAL - GARAGE 442.400 367.650 388,530 323.775 395,920 395,920 45 -10 GENERAL LIABILITY 395.350 331,220 342,420 285,350 358,850 358,850 46 -10 BUILDING MAINTENANCE 10 21 0 0 0 0 46 -20 EQUIPMENT MAINTENANCE 103,367 126,656 162,540 84.564 181.240 180.740 46 -30 VEHICLE MAINT: GARAGE 353,324 366,248 355,000 291.913 358.550 358.550 46 -31 VEHICLE MAINT -OTHER 500 0 0 0 0 0 46 -90 OTHER REPAIRIMAINT.COSTS 5,334 32,605 43,440 37.515 40.440 40.440 47 -10 PRINTINGIBINDING SERVICES 1,250 2,665 2,900 1.570 2,900 2.900 48 -30 REFRESHMENT/FOOD/MEETINGS 481 30 0 0 0 0 49 -10 ADVERTISING 0 196 0 0 0 0 49 -90 OTHER CURRENT CHARGES 7,784 480 7.890 7.355 430 430 51 -20 OFFICE EQUIP. < $1.000 924 3,187 1,130 942 4,180 4,180 51 -90 OTHER OFFICE SUPPLIES 563 0 180 114 180 180 52 -10 FUELlLUBE- VEHICLES 164,420 171,154 16000 155.042 185,980 185,980 52 -16 EMS SUPPLIES 0 0 160.000 148.757 230,570 230,570 52 -18 BUNKER GEAR 67,012 38,402 134,296 102.415 139,850 103.100 52 -20 GENERAL OPER. SUPPLIES 298,689 271,880 62.000 60.134 61,730 61,730 52 -22 UNIFORMS/LINEN SERVICE 106.359 56.207 78,550 70.799 65,780 49,380 52 -27 EQUIPMENT < $1.000 65.349 95,393 104,971 82.814 110,360 110,060, 54 -10 BOOKS & PUBLICATIONS 334 0 4,600 878 2,240 2,240 54 -15 SUBSCRIPTIONS 67 36 360 336 260 260 54-20 MEMBERSHIPS 225 225 1,790 340 2,250 2,250 54 -30 TRAININGIEDUCATION COSTS 92,260 101,152 144.880 85.700 187,710 176,910 54 -35 TUITION REIMBURSEMENT 12981 , 12,354 18,000 13.283 19.800 . _ 19.800 OPERATING EXPENSES 2,244,499 2,079,729 2,269,527 1,830,387 2,461,630 2,396,880 64-11 COMPUTER EQUIPMENT 1,498 1,498 4,300 4.297 0 0 64-90 OTHER MACH.IEQUIPMENT 45,054 23,598 180.833 107.814 227,500 157,500 66 -10 SOFTWARE 0 0 1.700 0 0 0 CAPITAL OUTLAY 46,552 25,096 186,833 112,111 227,500 157,500 FIRE - OPERATIONS 16,081,075 15,632,105 17,026,965 13,388,561 17,455,120 17,624,930 28 29 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2093 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 23 FIRE Div. 16 EMERGENCY MANAGEMENT 14 -10 OVERTIME 5,937 6575 7,500 8.884 6,500 6,500 21 -10 EMPLOYER FICA 455 499 500 669 500 500 23 -10 LIFE INSURANCE 5 7 0 0 0 0 PERSONAL SERVICES 6,398 7,082 81000 9,553 7,000 7,000 40 -10 TRAVEL 98 98 710 0 1,950 1,950 48 -30 REFRESHMENTIFOODIMEETINGS 315 340 1,121 632 1,280 1,280 51 -25 COMPUTER SOFTWARE <$1,000 440 755 760 0 760 760 51 -90 OTHER OFFICE SUPPLIES 0 0 0 0 1.000 1,000 52 -20 GENERAL OPER, SUPPLIES 3,003 3,491 5,030 4.963 5,630 5,630 54 -30 TRAININGIEDUCATIONAL COST 370 0 900 0 _ 900 900 OPERATING EXPENSES 4,226 4,684 8,521 51595 11,520 11,520 66 -10 SOFTWARE 0 0 _ _ __ -5.300 0 0 0 CAPITAL OUTLAY 0 0 5,300 0 0 0 EMERGENCY MANAGEMENT 10,624 11,766 21,821 15,149 18,520 18,520 29 City of Delray Beach 2013.2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROG. PERSONAL SERVICES 2011 2012 2013 2013 Department Manager Account Description Actuals Acivals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND 41 -10 TELEPHONE EXPENSE 2,633 2,638 2470 1.962 Dept. 23 FIRE 2,370 41 -15 PORTABLE PHONEIMDD 5.595 4,229 3,610 Div. 17 FIRE SAFETY 4,110 4,110 44 -30 EQUIPMENT RENTALILEASE 3,634 3,014 12 -10 REGULARSALARIESIWAGES 681,273 649,889 609,410 497,065 589,170 595,400 12 -30 TERM.PAYISICK & VACATION 57,048 50,747 85,350 59.001 43,900 43,900 13 -10 PARTTIME 19.565 4,081 0 0 0 0 14 -10 OVERTIME 21,341 29,079 19.000 22.023 20.000 20,000 15-45 EDUCATION/CERTIFICATION 21,000 19,080 20,130 13.670 20.920 20,920 15 -50 OTHER PAY 537 467 0 0 0 0 21 -10 EMPLOYER FICA 58,722 55,196 54,660 43.303 50,270 50,740 22 -10 GENERAL EMPL. RETIREMENT 3,630 3,989 6390 5.066 6,840 6,850 22 -20 POLICE & FIRE RETIREMENT 139,465 78,244 44,880 51.532 128,550 127.070 22 -30 ICMA CONTRIBUTION 3.465 3,257 1260 2.170 3,470 3,470 22-40 RETIREE HEALTH TRUST 21,352 13,398 12.762 12.762 14,200 14,200 23 -10 LIFE INSURANCE 923 810 890 624 780 780 23 -20 DISABILITY INSURANCE 2,680 2,624 1,910 1.489 1,770 1,770 23 -30 HEALTH INSURANCE 54.326 62,616 63,660 47.465 58,870 58.630 24 -10 WORKERS COMPENSATION 29.610 20,980 18,210 15.175 19,280 19530 25 -10 UNEMPLOYMENT COMPENSATIO 318 282 760 616 760 760 25 -20 EMPLOYEE ASSISTANCE PROG. 64 -90 OTHER MACHJEQUIPMENT CAPITAL OUTLAY 1,584 PERSONAL SERVICES 1,115528 995,005 942,022 772,166 959,030 964,260 40 -10 TRAVEL & TRAINING 2.376 888 2,600 2.648 5,440 5,440 41 -10 TELEPHONE EXPENSE 2,633 2,638 2470 1.962 2.370 2,370 41 -15 PORTABLE PHONEIMDD 5.595 4,229 3,610 3.169 4,110 4,110 44 -30 EQUIPMENT RENTALILEASE 3,634 3,014 3,860 2.635 3,360 3,360 4445 VEHICLE RENTAL- GARAGE 20.180 17,280 18,420 15.350 20,180 20.180 45 -10 GENERAL LIABILITY 29.370 23,680 26,340 21.950 22,140 22.140 46 -20 EQUIPMENT MAINTENANCE 0 0 100 0 200 200 46 -30 VEHICLE MAINT-GARAGE 14,108 10.530 11,950 20.663 15,400 15,400 47 -10 PRINT INGIBIN DING SERVICE 395 425 550 330 550 550 49 -90 OTHER CURRENT CHARGES 0 0 360 270 0 0 51 -10 STATIONERYIPAPERIFORMS 161 239 400 235 600 600 51 -20 OFFICE EQUIP. < $1,000 142 221 700 1.343 700 700 51 -25 COMPUTER SOFTWARE 11.000 0 2,204 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 2,185 1.456 1,800 1.196 2,000 2.000 52 -10 FUELILUBE VEHICLES 15.789 15.626 13,500 13.859 14,920 14.920 52 -18 BUNKER GEAR 0 0 2,350 0 3,450 280 52 -20 GENERAL OPER. SUPPLIES 4.158 633 900 437 900 900 52 -22 UNIFORMSILINEN SERVICE 3,600 5.927 4,570 4.092 3,870 3.540 52 -27 EQUIPMENT < $1,000 770 52 400 532 400 400 54 -10 BOOKS & PUBLICATIONS 913 3.652 1,380 141 1,260 1.260 5420 MEMBERSHIPS 1.099 767 1,190 1.469 1,130 1,130 54 -30 TRAIN INGIEDUCATION COSTS 3.213 4,489 4,000 2.036 5,590 5.590 5435 TUITION REIMBURSEMENT 0 0 1.830 0 1.040 1.040 OPERATING EXPENSES 110,320 97,949 103,280 94,337 109,610 106,110 64 -10 OFFICE FURN.IFIXTURES 1.584 0 0 0 18,900 0 64 -90 OTHER MACHJEQUIPMENT CAPITAL OUTLAY 1,584 0 0 0 21,200 0 FIRE SAFETY 1,227,432 1,092,954 1,045,302 866,503 1,089,840 1,070,370 FIRE 22,323,023 21,385,149 22,882,424 18,100,445 23,546,780 23,619,520 30 31 City of Delray Beach 2013.2014 Proposed Budget 2091 2012 2013 2013 Department Manager Account Description Aeuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 25 PLANNING &ZONING Div. 11 PLANNING & ZONING 12 -10 REGULAR SALARIESIWAGES 783.534 773,658 781,274 629.258 804,180 841,870 12 -30 TERM.PAYISICK & VACATION 0 838 0 0 0 0 1410 OVERTIME 3,822 3,256 4.860 4.417 5,480 5,480 15 -20 CAR ALLOWANCE 3,960 3.960 1960 3.300 3.960 3,960 - 21 -10 EMPLOYER FICA 58,312 57,300 58,500 46,748 60,290 63,170 22 -10 GENERAL EMPI_. RETIREMENT 89,460 95,110 87,550 63.222 86.460 86,630 22-30 ICMA CONTRIBUTION 5.289 5,269 5,280 4.359 5,440 5,440 23 -10 LIFE INSURANCE 2043 1,639 1,770 1303 1,580 1.580 23 -20 DISABILITY INSURANCE 3,101 3,153 2,370 1.900 2,380 2380 23 -30 HEALTH INSURANCE 80,765 99,475 100,510 80.969 100,920 100,520 24 -10 WORKERS COMPENSATION 9,360 15,760 15,100 12.583 17,690 17,920 25 -10 UNEMPLOYMENT COMPENSATIO 420 418 1,200 983 1,200 1,200 25 -20 EMPLOYEE ASSISTANCE PROD. 408 405 400 328 400, 380 PERSONAL SERVICES 1,040,474 1,060,239 1,062,774 849,370 1,089,980 1,130,530 31 -90 OTHER PROFESSIONAL SERV. 15,200 8.219 30,900 5.930 64,250 64,250 34-40 TEMPORARY SERVICES 0 3.683 1.616 7.015 0 0 34-70 PHOTOIMICROLFILM SERVICES 0 0 6,000 0 6,000 6,000 34-90 OTHER CONTRACTUAL SERVICE 464 506 520 373 520 520 40 -10 TRAVEL & TRAINING 3,347 2,098 3,800 927 3,800 3,800 41 -10 TELEPHONE EXPENSE 856 687 720 627 800 800 41 -15 PORTABLE PHONEIMDD 532 495 470 455 460 460 42 -10 POSTAGE 3260 2,044 3,820 1,424 1,950 1,950 42 -20 EXPRESS CHARGE/MESSENGER 2,822 2,355 3,600 2.335 4,120 4,120 44 -20 BUILDING RENTALILEASE 0 100 0 0 0 0 44 -30 EQUIPMENT RENTALILEASE 3,879 2,939 3,290 2.442 3.290 3,290 45 -10 GENERAL LIABILITY 27,930 23,300 25,000 20.833 24,690 : 24,690 46 -20 EQUIPMENT MAINTENANCE 2,369 2,394 2,390 1.796 2,390 2,390 46 -90 OTHER REPAIRIMAINT.COSTS 800 6,861 7,040 6.798 6,980 6,980 47 -10 PRINTINGIBINDING SERVICES 1,305 0 1,420 0 1,340 1,340 47 -20 REPRODUCTION SERVICES 349 365 1,700 722 1,800 1,800 48 -20 EMPL.RECOGNITION AWARDS 0 517 480 0 560 560 48 -30 REFRESHMENTIFOOD /MEETINGS 0 0 0 0 2,000 2,000 49 -10 ADVERTISING 2,391 3,224 2,630 5.298 11,840 11,840 49 -90 OTHER CURRENT CHARGES 121 24 200 0 200 200 51 -10 STATIONERYIPAPERIFORMS 1.787 1,992 2.500 1.526 3,000 2,000 51 -20 OFFICE EQUIP. <$1.000 0 56 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 7.441 1,943 7,750 3.100 7,750 5,750 52 -20 GENERAL OPER, SUPPLIES 24 0 0 0 0 0 54-10 BOOKS & PUBLICATIONS 139 128 300 197 300 300 54-15 SUBSCRIPTIONS 845 845 850 845 850 850 54-20 MEMBERSHIPS 3,536 3.334 4,060 3.835 4.120 4.120 54 -30 TRAININGIEDUCATION COSTS 2.135 _ 590 2,80Q 1.575 2.850 2.850 OPERATING EXPENSES 81,534 68,697 113,856 68,054 155,860 152,860 PLANNING & ZONING 1,122,009 1,128,936 1,176,630 917,424 1,245,840 1,283,390 31 City of Delray Beach 2013.2014 proposed Budget 32 2011 2012 2013 2013 De artment Manager AccountDescripllon Actuals Actcals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND Dept. 27 COMMUNITY IMPROVEMENT Div. 11 COMMUNITY IMPROVEMENT ADM 12 -10 REGULAR SALARIES/WAGES 303,743 280,720 296,350 248.531 335,540 354,190 15 -20 CAR ALLOWANCE 1,320 1,320 1,320 1.100 1.980 1,980 21 -10 EMPLOYER FICA 22,173 20,095 21,800 17.848 24,550 25,980 22 -10 GENERAL EMPL. RETIREMENT 39,460 34,264 33,140 24.97D 36,120 36,190 22 -30 ICMA CONTRIBUTION 6,123 5,468 5.920 4,863 6,310 6,310 23 -10 LIFE INSURANCE 873 641 730 536 690 690 23 -20 DISABILITY INSURANCE 1,214 1,143 900 751 1,020 1,020 23 -30 HEALTH INSURANCE 23,669 27,130 28.900 24.779 31,960 31,830 24 -10 WORKERS COMPENSATION 3,440 3,920 2,910 2.425 2.480 2,510 25 -10 UNEMPLOYMENT COMPENSATIO 123 114 350 296 390 390 25 -20 EMPLOYEE ASSISTANCE PROG. 119 110 _ 120 99 120 110 PERSONAL SERVICES 402,257 374,926 392,440 326,199 441,160 461,200 40 -10 TRAVEL AND TRAINING 1,154 2,515 1.200 4.747 2,200 2.200 41 -10 TELEPHONE EXPENSE 293 273 260 193 260 260 41 -15 PORTABLE PHONEIMDD 520 0 110 367 620 620 42 -10 POSTAGE 84 115 320 57 300 300 42 -20 EXPRESS CHARGE/MESSENGER 267 47 100 15 100 100 440 EQUIPMENT RENTAULEASE 3,752 2,814 3,300 2.567 3,300 3,300 44.45 VEHICLE RENTAL- GARAGE 4,590 4,040 4,410 3,675 4.600 4,600 45-10 GENERAL LIABILITY 12,300 9,330 9,070 7.558 9,590 9,590 46 -20 EQUIPMENT MAINTENANCE 6,135 6,797 7.820 5.232 7,440 7,440 46 -30 VEHICLE MAI NT, GARAGE 2,340 1,965 2,500 2.758 4.040 3,040 46 -90 OTHER REPAIRIMAINT.COSTS 0 0 5.480 4.490 5,710 5,710 47 -10 PRINTING/BINDING SERVICES 623 353 400 250 500 500 47 -20 REPRODUCTION SERVICES 95 14 200 102 200 200 48-10 SPECIAL EVENTS 300 567 17,460 11.004 25,500 25,500 48 -30 REFRESHMENTIFOODIMEETINGS 441 286 300 1.013 750 750 48 -90 OTHER ACTIVITIES COST 500 20,920 300 239 300 300 49 -90 OTHER CURRENT CHARGES 1309 175 180 175 180 180 51 -10 STATIONERYIPAPERIFORMS 1,434 686 1.200 1.119 1.200 1.200 51 -20 OFFICE EQUIP. <$1.000 0 911 200 2.215 200 200 51 -90 OTHER OFFICE SUPPLIES 3,502 3,339 3.400 2.169 3,400 3,400 52 -10 FUEULUBE- VEHICLES 1,509 1.515 1,300 1.348 1,470 1,470 52 -20 GENERAL OPER. SUPPLIES 1,037 859 800 981 900 900 54 -10 BOOKS & PUBLICATIONS 325 0 400 399 400 400 54-23 MEMBERSHIPS 580 640 750 110 750 750 54-30 TRAININGIEDUCATION COSTS 465 0 500 245 500 500 OPERATING EXPENSES 43,254 57,360 61,960 53,028 74,410 73,410 COMMUNITY IMPROVEMENT ADM 445 ,511 432,286 454,400 379,226 515,570 534,610 32 City of Delray Beach 2013.2014 Proposed Budget 33 2011 2012 2013 2013 Dapadme" Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 27 COMMUNITY IMPROVEMENT Div. 21 BUILDING INSPECTION 12 -10 REGULARSALARIESIWAGES 772,341 736,685 765,300 648.683 825,270 861,630 12 -30 TERM.PAYISICK & VACATION 32,320 7,641 0 3.677 0 0 13 -10 PARTTIME 17,230 7,928 0 0 0 0 14-10 OVERTIME 5,316 3,985 3,300 10,962 3,300 3,300 15 -20 CAR ALLOWANCE 1.320 1.320 1,320 1.100 660 660 15-45 EDUCATION/CERTIFICATION 4,125 5,775 5,400 4.875 7,560 7,560 15-50 OTHER PAY 1,020 936 940 760 940 940 21 -10 EMPLOYER FICA 60,729 55,400 56,650 48.876 60,920 63,700 22 -10 GENERAL EMPL, RETIREMENT 76,300 80,038 85,590 59.150 80,590 80.750 22 -30 ICMACONTRIBUTION 2,183 1,758 2,130 1.759 2,200 2,200 23 -10 LIFE INSURANCE 2,112 1599 1.800 1.365 1,670 1,670 23 -20 DISABILITY INSURANCE 3,078 2,995 2,310 1.961 2,450 2,450 23 -30 HEALTH INSURANCE 102.527 130,778 124,800 110.283 136,670 136,120 24 -10 WORKERS COMPENSATION 50.240 57,220 42,520 35.433 36.240 36.710 25 -10 UNEMPLOYMENT COMPENSATIO 563 556 1,590 1.366 1,660 1,660 25 -20 EMPLOYEE ASSISTANCE FROG. 526 527 530 456 550 520 PERSONAL SERVICES 11131,930 1,095,144 1,094,180 930,706 1,160,680 1,199,870 31 -20 MEDICAL SERVICES 20 40 0 0 0 0 31 -90 OTHER PROFESSIONAL SERV. 3,225 3,075 1,000 3,419 12,000 12,000 34-70 PHOTO/MICROFILM SERVICES 14,929 6,235 12,000 5.045 15,000 15.000 34 -90 OTHER CONTRACTUAL SERVICE 527 508 520 364 520 520 40 -10 TRAVEL AND TRAINING 150 434 2,750 866 2,950 2,950 41 -10 TELEPHONE EXPENSE 2,737 2,482 2.540 2.114 2,630 2,630 41 -15 PORTABLE PHONElMDD 3,610 3,016 5,840 4,800 6,350 6,350 42 -10 POSTAGE 1,126 324 1300 218 800 800 42 -20 EXPRESS CHARGE/MESSENGER 46 0 0 0 0 0 44 -30 EQUIPMENT RENTALILEASE 8.260 7,138 8,280 6.436 8,280 8.280 44-45 VEHICLERENTAL- GARAGE 14,860 14,930 14,930 12.442 17,450 17,450 45 -10 GENERAL LIABILITY 33,020 26.920 26,810 22.342 25,940 25,940 46 -20 EQUIPMENT MAINTENANCE 1,826 1,862 1.980 1.821 2,000 2,000 46 -30 VEHICLE MAINT.-GARAGE 6,980 11,250 11,400 10,555 13,200 11,200 46 -90 OTHER REPAIRIMAINT.COSTS 9.301 24,440 19,740 19.210 20.520 20,520 49 -10 ADVERTISING 0 144 0 0 0 0 51 -10 STATIONERY/PAPER/FORMS 2,864 3,552 3,000 3.867 3,500 3,500 51 -20 OFFICE EQUIP. < $1,000 0 389 0 0 400 400 51 -90 OTHER OFFICE SUPPLIES 1154 2,972 3,600 2.723 3,800 3,800 52 -10 FUELILUBE- VEHICLES 11,405 12,509 10,500 11.216 13,680 13,680 52 -20 GENERAL OPER. SUPPLIES 102 117 300 165 300 300 52 -22 UNIFORMSILINENSERVICES 1.652 1,687 1,630 1.614 1.860 1,860 52 -27 EQUIPMENT < $1,000 1351 2,962 0 626 1,050 1.050 54 -10 BOOKS & PUBLICATIONS 220 1,404 1,150 1.024 1,450 1,450 54-415 SUBSCRIPTIONS 655 703 700 703 700 700 54-20 MEMBERSHIPS 517 617 1,120 892 1.120 1,120 54 -30 TRAININGIEDUCATION COSTS 2.085 2.419 4,000 1.569 4.000 _ _4,000 OPERATING EXPENSES 124,622 132,028 135,090 114,032 159,500 157,500 BUILDING INSPECTION 1,256,552 1,227,172 1,229,270 1,044,740 1,320,180 1,357,370 33 City of Delray Beach 2013.2014 Proposed Budget 34 2091 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent. 27 COMMUNITY IMPROVEMENT Div. 41 CODE ENFORCEMENT 12 -10 REGULAR SAL.ARIESIWAGES 545.605 496,392 574,740 479.075 605.580 636,680 12 -30 TERM.PAYISICK & VACATION 3,158 3,722 0 8.460 0 0 13 -10 PARTTIME 0 19,604 29,970 20.829 29,970 29,970 14 -10 OVERTIME 7,003 334 1,070 1.042 4,950 4,950 15-50 OTHER PAY 1,947 1,875 1,880 1.517 1,880 1,880 21 -10 EMPLOYER FICA 40.558 38,048 44,470 37.264 46,970 49,350 22 -10 GENERAL EMPL, RETIREMENT 49.230 47.239 53,400 38.165 49130 49,230 23 -10 LIFE INSURANCE 1.646 1,294 1,640 1.204 1,440 1,440 23 -20 DISABILITY INSURANCE 2,176 2017 1,740 1.451 1.810 1,890 23 -30 HEALTH INSURANCE 90,973 110.605 123,960 96.325 116.060 115,600 24-10 WORKERS COMPENSATION 62,830 71,560 53,170 44.308 45,310 45,890 25 -10 UNEMPLOYMENT COMPENSATIO 474 476 1,560 1.316 1.560 1,560 25 -20 EMPLOYEE ASSISTANCE PROG. _459 436 500 411 424 _ 470 PERSONAL SERVICES 806,060 793,602 888,100 731,868 905,150 938,830 31 -20 MEDICAL SERVICES 0 110 0 0 0 0 31 -90 OTHER PROFESSIONAL SERV. 599 60 1,920 1.511 1,920 1,920 34 -30 LOTMOWINGICLEARWG 11,713 17,743 16.000 12.140 16,500 16,500 34 -32 ABANDONEDIJUNK PROP REMVL 214 0 500 0 500 500 34-35 UNSAFE BLDGSISTRUCTURES 233 3,129 10,000 0 26,000 26,000 34-70 PHOTO/MICROFILM SERVICES 0 0 3,000 600 2.000 2,000 34-90 OTHER CONTRACTUAL SERVICE 4.579 6.532 5,400 2.429 8.430 8,430 40 -10 TRAVEL AND TRAINING 0 22 800 619 1,800 1,800 41 -10 TELEPHONE EXPENSE 978 879 870 747 910 910 41 -15 PORTABLE PHON €IMDD 4,994 425 7,110 6.560 7,620 7,620 42 -10 POSTAGE 30,499 26,765 19,500 24.551 19,500 19,500 43 -20 WATER & SEWER 961 0 0 0 0 0 43 -50 STORMWATER ASSESSMENT CH 237 237 240 237 240 240 44-30 EQUIPMENT RENTALlLEASE 2,452 2,824 2,880 2.459 2.680 1880 44 -45 VEHICLE RENTAL - GARAGE 14,760 12.510 16,190 13,492 18,700 18,700 45 -10 GENERAL LIABILITY 23,860 19.470 19,510 16.258 14,220 14,220 46 -20 EQUIPMENT MAINTENANCE 1,218 1,579 1,520 1.268 1,520 1,520 46 -30 VEHICLE MAINT,-GARAGE 12,216 11534 12,200 8.573 13,650 13,650 46 -90 OTHER REPAIRIMAINT.COSTS 149 17,416 17,530 16.827 18,460 18,460 47 -10 PRINTINGIBINDING SERVICES 0 1,073 0 0 0 0 49 -10 ADVERTISING 227 0 200 0 200 200 49-90 OTHER CURRENT CHARGES 1.590 2090 2,500 2.460 5,000 4,000 51 -10 STATIONERY /PAPERIFORMS 2,070 4,946 2,660 1,962 2,660 2,660 51 -20 OFFICE EQUIP. < $1,000 609 401 600 255 850 850 51 -90 OTHER OFFICE SUPPLIES 3,523 5,229 5.500 4.476 6,000 6,000 52 -10 FUELILUBE- VEHICLES 14,080 13,931 13,500 14.440 16,600 15,600 52 -20 GENERAL OPER. SUPPLIES 681 278 800 604 500 500 52 -22 UNIFORMSILIN €N SERVICES 194 973 1,560 1.551 2.090 2.090 52 -27 EQUIPMENT < $1,000 1.300 2,591 0 0 1,550 1550 54 -15 SUBSCRIPTIONS 55 0 250 199 0 0 54 -20 MEMBERSHIPS 155 245 570 0 420 420 54 -30 TRAININGIEDUCATION COSTS 240 0 1.170 265 1,170 1.170 OPERATING EXPENSES 134,387 159,152 164,480 136,482 191,890 189,890 64-12 OFFICE EQUIPMENT 13.714 0 0 0- 0 0 CAPITAL OUTLAY 13,714 0 0 0 0 0 CODE ENFORCEMENT 954,161 952,754 1,052,580 867,850 1,097,040 1,128,720 COMMUNITY IMPROVEMENT 2,656,224 2,612,212 2,736,250 2,291,816 2,932,790 3,020,700 34 City of Delray Beach 2013 -2014 Proposed Budget 35 2011 2012 2013 2013 Department Manager AccountDescriptien Actuals Actuais Revised Y- T- DActuaf Request Recommends Fund 001 GENERAL FUND Dent. 29 ENGINEERING Div. 11 ENGINEERING 12 -10 REGULARSALARIESIWAGES 155,094 174,674 420,550 341.430 437,500 459100 15 -20 CAR ALLOWANCE 4,171 4,171 7,920 6.288 7,920 7,920 21 -10 EMPLOYER FICA 11,789 13,268 31,910 25.620 33,090 34,740 22 -10 GENERAL EMPL. RETIREMENT 22,390 21,137 47,030 34.304 47,100 47,190 22 -30 ICMA CONTRIBUTION 1,218 1,392 4,900 3.971 5,040 5,040 23 -10 LIFE INSURANCE 444 359 890 668 800 800 23 -20 DISABILITY INSURANCE 6B2 702 1,260 1,031 1,300 1,300 23 -30 HEALTH INSURANCE 17,662 24,208 58.660 4B.861 58,870 58.630 24 -10 WORKERS COMPENSATION 3,800 3,090 2.520 2.100 2,380 2,410 25 -10 UNEMPLOYMENT COMPENSATIO 99 101 700 583 700 700 25 -20 EMPLOYEE ASSISTANCE PROG. 96 _ ____98 220 195 230 220 PERSONAL SERVICES 217,446 243,201 576,560 465,050 594,930 618,050 31 -30 ENGINEERINGIARCHITECTURAL 3300 2,830 10,800 7.445 7,500 7,500 31 -90 OTHER PROFESSIONAL SERV. 4,330 0 15,770 3.080 17,000 17,000 40 -10 TRAVEL &TRAINING -104 802 2.310 852 2,310 1,810 41 -10 TELEPHONE EXPENSE 597 721 1,440 1.205 1,450 1,450 41 -15 PORTABLE PHONEIMDD 949 574 1,650 1.086 1,510 1,510 42 -10 POSTAGE 401 424 400 376 400 400 43 -10 ELECTRICITY 233 1,733 1,800 1.201 1.810 1,810 44-30 EQUIPMENT RENTAL/LEASE 158 550 950 712 980 980 44-45 VEHICLE RENTAL - GARAGE 1,870 1,730 5,180 4.317 5,180 5.180 45 -10 GENERAL LIABILITY 5,240 4,320 5,900 4.917 14,220 14220 46 -20 EQUIPMENT MAINTENANCE 717 387 1640 879 640 640 46 -30 VEHICLE MAINT,-GARAGE 3,701 5,371 1000 6.494 3,400 3,400 46 -90 OTHER REPAIRIMAINT.COSTS 5.530 10.189 36,020 21.494 41,730 41,730 47 -10 PRINTINGIBINDING SERVICES 0 13 0 13 0 0 47 -90 OTHER PRINTING COSTS 487 30 90 0 90 90 48 0 REFRESHMENTS /FOODIMEETING 30 41 90 83 90 90 49 -10 ADVERTISING 413 599 400 0 400 400 51 -10 STATIONERYIPAPERIFORMS 231 0 620 68 720 720 51 -20 OFFICE EQUIP. <$1,000 30 30 100 70 0 0 51 -25 COMPUTER SOFTWARE <$1,000 0 0 380 352 0 0 51-90 OTHER OFFICE SUPPLIES 1,332 1,611 3,600 1.130 3,600 3,600 52 -10 FUELILUBE- VEHICLES 1,063 2,788 2,600 2.328 2.900 2.900 52 -20 GENERAL OPER. SUPPLIES 160 371 360 460 360 360 52 -22 UNIFORMSILINEN SERVICE 60 210 630 321 830 830 54 -10 BOOKS & PUBLICATIONS 30 178 150 0 150 150 54-15 SUBSCRIPTIONS 46 310 1,250 339 1,500 1,500 54-20 MEMBERSHIPS 1125 1,025 1,340 2.291 2,650 2,650 54-30 TRAININGIEDUCATION COSTS 0 450 1.900 1.261 1.900 1,.400 OPERATING EXPENSES 31,925 37,287 102,370 62,771 113,320 112,320 64-12 OFFICE EQUIPMENT 3,331 „Q , 0 0 0 _ 0 CAPITAL OUTLAY 3,331 0 0 0 0 0 ENGINEERING 252,702 280,488 678,930 527,821 708,250 730,370 35 City of Delray Beach 20132014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROD. 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 0 41 -10 TELEPHONE EXPENSE 758 707 690 Dent 31 PUBLIC WORKS 690 690 41 -15 PORTABLE PHONEIMDD 635 730 Div. 11 PUBLIC WORKS ADMIN. 506 730 730 42 -10 POSTAGE 116 12 -10 REGULAR SALARIESIWAGES 110,990 110,106 110.880 91,470 115,340 122,450 15 -20 CAR ALLOWANCE 2,640 2,640 2,640 2.200 2,640 2,640 21 -10 EMPLOYER FICA 8.264 8,197 8,270 6.834 8,650 9,190 22 -10 GENERAL EMPL. RETIREMENT 12,650 13,474 12,410 9.190 12,410 12,430 2230 ICMA CONTRIBUTION 2,501 2,492 2500 2.061 2,570 2,570 23 -10 LIFE INSURANCE 312 247 320 195 230 230 23 -20 DISABILITY INSURANCE 439 450 340 276 350 350 2320 HEALTH INSURANCE 10,096 12,521 12,570 10,470 12,620 12,570 24 -10 WORKERS COMPENSATION 460 370 300 250 280 280 25 -10 UNEMPLOYMENT COMPENSATIO 53 53 150 125 150 150 25 -20 EMPLOYEE ASSISTANCE PROD. 36 PERSONAL SERVICES 148,457 150,600 150,430 123,113 155,290 162,910 40 -10 TRAVEL & TRAINING 139 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 758 707 690 582 690 690 41 -15 PORTABLE PHONEIMDD 635 730 660 506 730 730 42 -10 POSTAGE 116 104 130 135 150 150 42-20 EXPRESS CHARGEIMESSENGER 0 0 25 23 0 0 43 -10 ELECTRICITY 9,290 9.011 9.370 6.248 9,410 9,410 43-20 WATER & SEWER 1,304 1.919 2,030 1.752 1,600 1,600 43 -30 WASTE DISPOSAL/TIPPING FE 8,362 8.919 8,920 8.863 8,860 8,860 43-50 STORMWATER ASSESSMENT FEE 1,875 1,875 1,870 1.875 1,870 1,870 4420 EQUIPMENT RENTALILEASE 1.698 2,262 2.340 1.234 2.340 2,340 45 -10 GENERAL LIABILITY 4,420 3,730 3,930 3.275 3,840 1840 46 -20 EQUIPMENT MAINTENANCE 575 576 820 595 670 670 51 -10 STATION ERYIPAPER/FORMS 366 192 200 64 200 200 51 -20 OFFICE EQUIP. < $1,000 15 0 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 292 285 400 328 400 400 54 -20 MEMBERSHIPS 247 306 185 169 240 240 OPERATING EXPENSES 30,091 30,616 31,570 25,649 31,000 31,000 PUBLIC WORKS ADMIN. 178,548 181,216 182,000 148,763 186,290 193,910 36 37 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y T -D Actual Requesi Recommends Fund 001 GENERAL FUND DeDt 31 PUBLIC WORKS Div. 13 P.W. - STREETS MAINTENANCE 12 -10 REGULAR SALARIESIWAGES 361,284 352,555 358,780 288,890 367,110 383,510 14 -10 OVERTIME 15,174 11496 16,000 14.031 16,000 16,000 14-20 REIMBURSABLE OVERTIME 1,290 1,892 1,920 1.316 1,920 1,920 15 -20 CAR ALLOWANCE 2,640 2,640 2.640 2.200 2,640 2,640 15-50 OTHER PAY 0 15 300 0 300 300 21 -10 EMPLOYER FICA 27,178 26250 27,900 21.670 27,710 28,960 22 -10 GENERAL EMPL, RETIREMENT 40,420 43,779 40,510 24,974 34260 34,330 2220 ICMA CONTRIBUTIONS 1,744 1.738 1,740 1.437 1,790 1,790 23 -10 LIFE INSURANCE 1,075 971 990 780 960 960 23 -20 DISABILITY INSURANCE 1.431 1,433 1.090 873 1,100 1,100 2320 HEALTH INSURANCE 67,413 80.336 83,760 67.707 84,100 83,760 24-10 WORKERS COMPENSATION 34,840 28,360 23,090 19.242 21,820 22,100 25 -10 UNEMPLOYMENT COMPENSATIO 351 343 1.000 816 1.000 1,000 25 -20 EMPLOYEE ASSISTANCE PROG. 340 332 340 270 330 _ 310 PERSONAL SERVICES 555,181 554,141 560,060 444,206 561,040 578,680 31-20 MEDICAL SERVICES 0 0 950 993 0 0 31 -90 OTHER PROFESSION. SERVICE 0 87 0 87 0 0 34-10 JANITORIAL SERVICES 749 747 750 550 750 750 34-40 TEMPORARY SERVICES 0 0 1,200 1.773 0 0 34 -70 PHOTOIMICROLFILM SERVICES 100 0 50 0 50 50 34-90 OTHER CONTRACTUAL SERV. 0 593 3,500 4.783 0 0 40 -10 TRAVEL & TRAINING 44 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 210 227 210 181 230 230 41 -15 PORTABLE PHONEIMDD 1,132 2,913 3,290 495 1960 2,960 43 -20" WATER & SEWER 359 217 0 0 0 0 44,30 EQUIPMENT RENTALILEASE 50 240 200 0 200 200 44-45 VEHICLE RENTAL - GARAGE 31.020 31,020 31,670 26.392 35,310 35,310 45 -10 GENERAL LIABILITY 19,230 16,630 17,200 14.333 16,830 16,830 46 -10 BUILDING MAINTENANCE 76 0 100 0 100 100 4620 EQUIPMENT MAINTENANCE 898 1,411 1,100 924 1,100 1,100 46 -30 VEHICLE MAINT,- GARAGE 63,178 75,432 58,880 43.876 58380 58,880 46 -90 OTHER REPAIRIMAINT, COSTS 0 0 3.210 3.210 6,520 6,520 47 -10 PRINTING/BINDING SERVICES 25 0 0 0 0 0 48 -20 EMPL RECOGNITION AWARD 50 0 100 100 100 100 49 -16 COMML DRIVERS LIC RENEWAL 433 0 180 81. 180 180 51 -20 OFFICE EQUIP. <$1,000 0 564 0 0 140 140 51 -25 SOFTWARE UNDER $1,000 0 0 ID0 75 0 0 51 -90 OTHER OFFICE SUPPLIES 72 110 100 223 100 100 52 -10 FUELILUBE- VEHICLES 22.998 21,267 21,000 19.006 21,930 21,930 52 -20 GENERAL OPER. SUPPLIES 7,991 6,456 6.900 5.045 6,900 6,900 52 -22 UNIFORMSILINEN SERVICE 4.789 4,415 4,200 3.151 4,740 4.740 52 -24 BUILDING MATERIALS 400 174 350 400 350 350 52 -26 GARDENING SUPPLIES 893 250 500 669 500 500 52 -27 EQUIPMENT <$1,000 5,026 3,005 2.200 2.209 2,200 2,200 53 -10 REPAIRS- ROADS 14,707 16,253 20,000 15.088 20,000 20,000 53 -90 OTHER ROAD MATERIALS 52,400 49,027 57.770 54.351 58,880 58,880 54 -30 TRAIN INGIEDUCATIQNCOSTS 2,006 _ 0 1.440 205 1,440 - 1.440 OPERATING EXPENSES 228,836 231,035 237,150 198,197 240,390 240,390 64-11 COMPUTER EQUIPMENT 0 0 0 0 2.400 2,400 64 -90 OTHER MACH.IEQUIPMENT _ 0 0 0 Q ___ ___ 12.100 0 CAPITAL OUTLAY 0 0 0 0 14,500 2,400 P.W,- STREETS MAINTENANCE 784,017 785,176 797,210 642,403 815,930 821,470 37 City of Delray Beach 2013.2014 Proposed Budget 38 2011 2012 2013 2013 Department Managar AccountDescdptlon Actuals ActuaEs Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 31 PUBLIC WORKS Div. 41 P.W.-TRAFFIC OPERATIONS 12 -10 REGULAR SALARIESIWAGES 182,254 182,728 183.230 148.486 186,280 195,070 14 -10 OVERTIME 43,617 10,848 12,800 10.939 12,800 12,800 14 -20 REIMBURSABLE OVERTIME 1243 1,723 1,200 480 1,200 1,200 15.50 OTHER PAY 0 20 200 0 200 200 21 -10 EMPLOYER FICA 13,943 13,908 14,030 11.597 14,590 15,260 22 -10 GENERAL EMPL. RETIREMENT 20,330 22,134 20,460 14.918 20,250 20,290 23 -10 LIFE INSURANCE 539 497 530 391 470 470 23 -20 DISABILITY INSURANCE 723 744 560 448 560 560 23 -30 HEALTH INSURANCE 33,629 41,742 41,880 34.901 42.050 41380 24 -10 WORKERS COMPENSATION 19,590 15.940 12,980 10.817 12,260 12,420 25 -10 UNEMPLOYMENT COMPENSATIO 176 175 500 419 500 500 25 -20 EMPLOYEE ASSISTANCE PROG. 171 170 170 139 170 160 PERSONAL SERVICES 286,414 290,630 288,560 233,535 291,330 300,810 34-10 JANITORIAL SERVICES 882 879 880 631 880 860 34 -70 PHOTOIMICROLFILM SERVICES 100 0 0 0 0 0 34-90 OTHER CONTRACTUAL SERV. 23162 25,171 23,270 24.354 23,270 23.270 40 -10 TRAVEL & TRAINING 0 0 700 0 700 700 41 -10 TELEPHONE EXPENSE 235 226 190 177 220 220 41 -15 PORTABLE PHONEIMDD 877 1,169 1,130 330 1,220 1,220 44-30 EQUIPMENT RENTALILEASE 50 424 600 0 600 600 44-45 VEHICLE RENTAL- GARAGE 6,060 6,240 5,970 4.975 6,790 6,790 45 -10 GENERAL LIABILITY 10,190 8,700 9,130 7.608 8,890 8,890 46 -10 BUILDING MAINTENANCE 185 0 950 786 100 100 46 -20 EQUIPMENT MAINTENANCE 487 748 900 509 900 900 46-30 VEHICLE MAINT: GARAGE 35,906 21,101 18,000 22,677 13,530 23,530 46 -90 OTHER REPAIRIMAINT. COSTS 0 0 1,610 1,582 3,300 3,300 47 -10 PRINTING/BINDING SERVICES 0 0 25 0 0 0 49 -16 COMML DRIVERS LIC RENEWAL 258 0 0 0 0 0 51 -20 OFFICE EQUIP. <$1.000 0 42 0 0 70 70 51 -25 SOFTWARE UNDER $1,000 0 0 100 75 0 0 52 -10 FUELILUBE- VEHICLES 9,574 9,440 8,000 8.054 7,730 7,730 52 -20 GENERAL OPER. SUPPLIES 56,193 55,174 56,810 51.560 61.260 61.260 52 -22 UNIFORMS/LINEN SERVICE 2,261 2,112 2,170 1.800 2.370 2,370 52 -24 BUILDING MATERIALS 0 65 100 0 100 100 52 -27 EQUIPMENT < $1,000 1,354 1,795 1,650 1.557 1350 1,650 53 -91 DBPT - NEIGHBORHOOD SIGNS 0 0 7,500 0 7,500 7,500 54-30 TRAININGIEDUCATION COSTS 867 0 1.000 102 1,000 1.000 OPERATING EXPENSES 148,641 133,285 140,685 126,779 142,080 152,080 64 -11 COMPUTER EQUIPMENT 0 0 0 0 1.200 1.200 CAPITAL OUTLAY 0 0 0 0 1,200 1,200 P.W.-TRAFFIC: OPERATIONS 435,056 423,915 429,245 360,314 434,610 454,090 38 City of Delray Beach 2013.2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROG 2011 2612 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 10,000 34-90 OTHER CONTRACTUAL SERV. 2.272 4,286 5,000 Dent 31 PUBLIC WORKS 10,000 5,000 43 -10 ELECTRICITY 607,645 701240 Div. 42 P.W. STREET LIGHTING 496,823 638,320 638,320 44-45 VEHICLERENTAL- GARAGE 2,190 12 -10 REGULAR SALARIESIWAGES 48,070 47,828 48,140 37.878 46,470 48,790 13 -10 PARTTIME 0 19,351 22,850 19.171 22,850 22,850 14-10 OVERTIME 191 2,015 2.000 53 2.000 2,000 21 -10 EMPLOYER FICA 3,456 5,273 5,580 4.355 5,460 5,640 22 -10 GENERAL EMPL. RETIREMENT 5,330 5,801 5,390 3,806 5,050 5,060 23 -10 LIFE INSURANCE 96 92 100 75 100 100 23 -20 DISABILITY INSURANCE 190 195 140 114 140 140 23 -30 HEALTH INSURANCE 6,730 8,374 8,360 6,980 8,410 8,380 24-10 WORKERS COMPENSATION 3,520 2.860 2,330 1,942 2,200 2.230 25 -10 UNEMPLOYMENT COMPENSATIO 35 64 160 167 200 200 25 -20 EMPLOYEE ASSISTANCE PROG 39 PERSONAL SERVICES 67,653 91,887 95,600 74,368 92,910 95,420 31 -90 OTHER PROFESSION. SERVICE 0 87 30,000 0 10.000 10,000 34-90 OTHER CONTRACTUAL SERV. 2.272 4,286 5,000 350 10,000 5,000 43 -10 ELECTRICITY 607,645 701240 657,890 496,823 638,320 638,320 44-45 VEHICLERENTAL- GARAGE 2,190 2.190 1,950 1.625 1,950 1.950 45 -10 GENERAL LIABILITY 3,370 2,740 2,870 2.392 3,240 1240 46 -30 VEHICLE MAINT,-GARAGE 12.386 6,989 4.300 2.352 3,500 3,500 46 -90 OTHER REPAIRIMAINT. COSTS 500 0 1,600 563 1,600 1,600 51 -20 OFFICE EQUIP.< $1,000 0 57 0 0 0 0 52 -10 FUELILUBE- VEHICLES 3,212 3,575 3,200 3.584 3.800 3,800 52 -20 GENERAL OPER. SUPPLIES 33,671 38,104 38,004 22.848 45,000 37,500 52 -22 UNIFORMSILINEN SERVICE 355 770 800 671 1,000 1,000 52 -27 EQUIPMENT < $1,000 0 149 500 229 1,000 1,000 54-20 MEMBERSHIPS 0 200 150 0 150 150 OPERATING EXPENSES 665,601 762,385 746,264 531,436 719,560 707,060 64 -90 OTHER MACH./EQUIPMENT 0 0 -Q _ 0 9.840 9.840 CAPITAL OUTLAY 0 0 0 0 9,840 9,840 P.W. STREET LIGHTING 733,254 854,272 841,864 606,004 822,310 812,320 39 City of Delray Beach 2013.2014 Proposed Budget 40 2011 2012 2013 2013 De aft Manager Account Description Actuals Actuals Revised Y -T -D Actual to Request Recommends Fund 001 GENERAL FUND Dept 31 PUBLIC WORKS Div. 51 PARKING FACILITIES 12 -10 REGULAR SALAR[ESIWAGES 103,837 103.568 105,520 85.817 107,430 112,690 13 -10 PARTT[ME 0 0 19,500 14.500 19,500 19,500 14-10 OVERTIME 11,337 11,339 12,000 8.139 12,000 12,000 15 -20 CAR ALLOWANCE 0 0 0 0 2,640 2,640 15-50 OTHER PAY 0 5 80 0 80 80 21 -10 EMPLOYER FICA 8,497 8,445 10,290 8.144 10,450 10,860 22 -10 GENERAL EMPL. RETIREMENT 12,080 12,741 11,810 8,622 11,690 11,710 2220 ICMA CONTRIBUTION 0 0 0 1.311 1,970 1,970 23 -10 LIFE INSURANCE 292 250 260 188 230 230 23 -20 DISABILITY INSURANCE 411 421 320 259 320 320 2330 HEALTH INSURANCE 13,461 16,695 16,760 11960 16,820 16,750 24 -10 WORKERS COMPENSATION 2,140 1,740 1,420 1.183 1,340 1,360 25 -10 UNEMPLOYMENT COMPENSATIO 70 70 200 244 200 200 25 -20 EMPLOYEE ASSISTANCE PROD. 68 68 - 60 56 60 60 PERSONAL SERVICES 152,193 155,342 178,220 142,422 184,730 190,370 34 -90 OTHER CONTRACTUAL SERVICE 510,743 514,746 159,985 243.884 400,000 400,000 40 -10 TRAVEL & TRAINING 414 462 900 1.547 1,100 1,100 40 -20 NON- EMPLOYEE TRAVEL 0 0 1,250 0 1,250 1250 41 -10 TELEPHONE EXPENSE 1,971 1,965 2,240 1.629 2,230 2.230 41 -15 PORTABLE PHONE /MDD 5,925 5,933 7,200 5.281 13,680 13,680 42 -20 EXPRESS CHARGE/MESSENGER 172 228 300 132 300 300 43 -10 ELECTRICITY 47,966 50.046 49,930 38,992 51,050 51,050 43 -20 WATER & SEWER 2,987 2,608 2,610 2.066 2,600 2,600 43 -30 WASTE COLLECTION DISPOSAL 1,412 1,505 1,510 1.496 1.500 1,500 43-50 STORMWATER ASSESSMENT FEE 7,304 7,259 7,390 7.371 7,390 7,390 44 -10 LAND RENTALILEASE 37,570 39,098 47,160 39.118 48,660 48,660 44-45 VEHICLE RENTAL- GARAGE 1,400 1,400 1,400 1,167 125.010 125,010 45 -10 GENERAL LIABILITY 27,930 20,390 18,470 15.392 24,730 24,730 46 -10 BUILDING MAINTENANCE 37,980 33.517 29,505 13,017 45,000 45,000 46 -20 EQUIPMENT MAINTENANCE 1,271 80 300 0 500 500 46-30 VEHICLE MAINT: GARAGE 3,894 1,224 1,350 3.445 1,350 . 1,350 47 -10 PRINT[NGlBINDING SERVICES 1,889 3,355 3,000 700 3,000 3.000 48 -20 EMPLOYEE AWARDS 25 0 0 0 0 0 4820 REFRESHMENTIFOOD /MEETINGS 0 122 0 0 0 0 49 -10 ADVERTISING 237 0 300 633 600 600 49 -26 TRI RAIL TROLLEY SERVICES 0 0 693503 192.826 473,140 471140 51 -10 STATIONERYIPAPERIFORMS 0 339 200 209 300 300 51-20 OFFICE EQUIP. < $1.000 1,065 819 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 165 300 300 257 300 300 52 -10 FUELILUBE- VEHICLES 3,372 3,361 3.200 2,681 3,700 3,700 52 -20 GENERAL OPER, SUPPLIES 30,728 29,031 32,000 23.979 35,000 35,000 52 -22 UNIFORMSILINEN SERVICE 328 449 450 570 940 940 52 -27 EQUIPMENT < $1,000 237 86 400 0 1,000 1,000 54 -20 MEMBERSHIPS 60 60 200 80 200 200 54 -30 TRAININGIEDUCATION COSTS 220 382 950 200 .950 950 OPERATING EXPENSES 727,266 716,767 1,066,003 596,674 1,245,480 1,245,480 64 -11 COMPUTER EQUIPMENT 2,499 0 0 0 0 0 64 -90 OTHER MACH.IEQUIPMENT 0 9.500 11.000 0 .__ 0 0 CAPITAL OUTLAY 2,499 9,500 11,000 0 0 0 PARKING FACILITIES 881,958 883,608 1,255,223 739,096 1,430,210 1,435,850 PUBLIC WORKS 3,012,832 3,128,187 3,505,542 2,496,579 3,689,350 3,717,640 40 City of Delray Beach 2013.2014 Proposed Budget 41 2011 2012 2013 2013 oeparfment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept. 34 GENERAL SUPPORT Div. 31 P.W,- BUILDING MAINTENANCE 12 -10 REGULARSALARIESIWAGES 282,901 295.169 299.600 241271 301,700 316,240 12 -30 TERM.PAYISICK & VACATION 0 0 0 0 10,000 10,000 13 -10 PARTTIME 10.023 0 0 470 0 0 14-10 OVERTIME 19,757 20,053 20,000 19.996 20,000 20,000 15 -20 CAR ALLOWANCE 2,640 2,640 2,640 2.200 2,640 2,640 15 -50 OTHER PAY 0 30 500 0 600 600 21 -10 EMPLOYER FICA 23,042 23,194 23,630 19.192 24,580 25,700 22 -10 GENERAL EMPL RETIREMENT 34,760 30,774 27.240 16.312 22,150 22,190 22 -30 ICMA CONTRIBUTION 2,107 2.099 2150 1.736 2,220 2.220 23 -10 LIFE INSURANCE 574 535 610 450 540 540 23 -20 DISABILITY INSURANCE 1,152 1,208 910 728 900 900 23 -30 HEALTH INSURANCE 37.017 47.303 50,280 34.901 42,050 41.680 24-10 WORKERS COMPENSATION 25,690 20,910 17,020 14.183 1620 16,290 25 -10 UNEMPLOYMENT COMPENSATIO 210 210 600 497 600 600 25 -20 EMPLOYEE ASSISTANCE PROG. 195 204 200 167 200, 190 PERSONAL SERVICES 440,068 444,328 445,380 352,103 444,260 459,990 31 -90 OTHER PROFESSIONAL SERV. 20 0 0 0 0 0 34 -20 PEST CONTROL SERVICES 120 120 280 90 200 200 34 -90 OTHER CONTRACTUAL SERV. 3.468 3,718 4,000 3.837 17.500 17,500 41 -10 TELEPHONE EXPENSE 216 211 210 173 210 210 41 -15 PORTABLE PHONEIMDD 2,550 2,218 2,960 1,501 2,860 2,860 42 -20 EXPRESS CHARGE/MESSENGER 0 0 0 24 1070 100 43 -30 WASTE COLL. & DISPOSAL 21 7 100 12 100 100 44-45 VEHICLE RENTAL- GARAGE 12,710 11,680 10200 8.500 12,370 12,370 45 -10 GENERAL LIABILITY 14,080 12,020 12,630 10.525 12.470 12,470 46 -10 BUILDING MAINTENANCE 31.358 34213 52,000 32.224 56,000 46,000 46 -20 EQUIPMENT MAINTENANCE 1,981 1.884 2,000 882 2,580 2,580 46 -30 VEHICLE MAiNT: GARAGE 13,479 11,867 12,050 14.540 15,050 15,050 46 -90 OTHER REPAIRIMAINT.COSTS 0 0 6,350 4.792 6,670 6,670 48 -30 REFRESHMENTSIFOODIMEETING 0 72 0 0 0 0 49 -10 ADVERTISING 206 413 360 272 360 360 51 -20 OFFICE EQUIP. <$1,000 0 55 0 0 0 0 52 -10 FUELILUBE- VEHICLES 9.057 14,476 13,000 13.523 16,000 16,000 52 -20 GENERAL OPER. SUPPLIES 6.161 5,636 6,000 4.961 8,000 8.000 52 -22 UNIFORMSILINEN SERVICE 2,129 2,329 2.600 1.991 3,090 3.090 52 -24 BUILDING MATERIALS 419 427 500 0 1,000 1,000 52-25 3ANITORIAL SUPPLIES 16,430 16.770 16.500 13.579 17,OD0 17,000 52 -27 EQUIPMENT < $1,000 1,076 499 2,430 483 2,730 2.730 54-15 SUBSCRIPTIONS 0 0 100 0 100 100 54 -20 MEMBERSHIPS 0 0 600 102 600 600 54 -30 TRAININGIEDUCATION COSTS 0 0 _ 400 0 8270 8.270 OPERATING EXPENSES 115,481 118,616 145,270 112,010 983,260 173,260 P.W.-BUILDING MAINTENANCE 555,549 562,944 590,650 464,113 627,520 633,250 GENERAL SUPPORT 555,549 562,944 590,650 464,113 627,520 633,250 41 City of Delray Beach 2013 -2014 Proposed Budget 42 2011 2012 2013 2013 De art Manager Account Description Actuals Actuals Revised Y -T -D AcWal Yt Request Recommends Fund 001 GENERAL FUND Dent 41 PARKS & RECREATION Div,11 PARK & REC ADMINISTRATION 12 -10 REGULAR SALARIESIWAGES 315.226 279,224 272.050 226.701 285.550 294.230 12 -30 TERM.PAYI SICK & VACATION 0 34.573 0 0 0 0 13 -10 PARTTIME 0 0 2.090 0 8330 8.830 14 -10 OVERTIME 4.196 4.915 600 5,752 3A30 3.430 15 -20 CAR ALLOWANCE 2,640 2.640 2,640 2.200 2.640 2,640 21 -10 EMPLOYER FICA 24.168 24D10 21,770 17.556 22,660 22,870 22 -10 GENERAL EMPL. RETIREMENT 39,430 35.201 22,050 19.355 26.110 26.160 22 -30 ICMA CONTRIBUTIONS 3.212 3.151 3.160 2.607 3,260 3,260 23 -10 LIFE INSURANCE 941 733 800 612 740 740 23 -20 DISABILITY INSURANCE 1,260 1,140 880 685 850 850 23 -30 HEALTH INSURANCE 29,993 31.999 33,500 27.920 33,640 33.510 24-10 WORKERS COMPENSATION 8,730 8,240 6,250 5.208 5.060 5.130 25 -10 UNEMPLOYMENT COMPENSATIO 226 204 640 500 640 640 25 -20 EMPLOYEE ASSISTANCE FROG. 219 198 200 167 200 190 PERSONAL SERVICES 430,241 426,227 372,030 309,263 393,610 402,480 31 -90 OTHER PROF. SERVICES 3,013 300 6,200 3.900 430 430 34 -90 OTHER CONTRACTUAL SERVICE 2.297 5,022 4,129 4.552 4,520 4,520 34 -91 PROGRAMS 43,171 39,004 42,700 37.569 45,000 45,000 40 -10 TRAVEL & TRAINING 4,686 2,066 1.970 1.920 2,970 2.970 40 -20 NON - EMPLOYEE TRAVEL 331 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 557 485 480 388 470 470 41 -15 PORTABLE PHONEIMDD 1,944 740 1,030 830 1,300 1.300 42 -10 POSTAGE 0 2.218 .2.100 11511 2.100 2.100 42 -20 EXPRESS CHARGE/MESSENGER 176 35 200 85 200 200 44-30 EQUIPMENT RENTALILEASE 928 904 1.200 746 1.200 1.200 44-#5 VEHICLE RENTAL- GARAGE 5,430 5.430 5,430 4.525 6,650 6,650 45 -10 GENERAL LIABILITY 15,220 12,550 11,980 9.983 91,060 11.060 46 -20 EQUIPMENT MAINTENANCE 1,458 1,458 1,660 1.106 1.660 1,660 4630 VEHICLE MAINT: GARAGE 8,057 9,489 5,550 5.153 6,150 6,150 46 -90 OTHER REPAIRIMAINT. COSTS 390 390 550 440 390 390 48 -30 REFRESHMENTIFOODIMEETINGS 190 137 834 834 100 100 49 -10 ADVERTISING 196 733 200 0 200 200 49 -90 OTHER CURRENT CHARGES 1.052 886 680 657 550 550 51 -10 STATIONERYIPAPERIFORMS 590 337 480 274 480 480 51 -20 OFFICE EQUIP. < $1,000 794 14 419 419 100 100 51 -90 OTHER OFFICE SUPPLIES 3.207 3.106 3,100 2.996 3,500 3.500 52 -10 FUELILUBE- VEHICLES 4,685 4,775 4,300 4.166 5.220 5.220 52 -20 GENERAL OPER. SUPPLIES 166 59 100 101 100 100 52-22 UNIFORMSILINEN SERVICE 622 852 900 871 900 900 52 -27 EQUIPMENT < $1.000 2,171 0 0 0 0 0 54 -10 BOOKS & PUBLICATIONS 41 0 100 0 100 100 54 -20 MEMBERSHIPS 1,776 1,263 1,678 1.747 1.360 1,360 54 -30 TRAININGIEDUCATION COSTS 1,651 1,220 1,390 693 9,360 1,360 54-35 TUITION REIMBURSEMENT 600 Q 0 0 2.800 2.800 OPERATING EXPENSES 105,398 93,471 99,360 85,466 100,870 100,870 83-01 OTHER GRANTS & AID 52.000 52,QQQ 53.000 39.000 53.000 53,000 GRANTS AND AIDS 52,000 52,000 53,000 39,000 53,000 53,000 PARK & REC ADMINISTRATION 587,639 571,698 524,390 433,728 547,480 556,350 42 City of Delray Beach 2013.2014 Proposed Budget 43 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL. FUND Dept 41 PARKS & RECREATION Div. 05 OUT OF SCHOOL. PROGRAM 12 -10 REGULAR SALARIESIWAGES 78,506 78.543 77,920 66,844 83,450 87,610 13 -10 PARTTIME 204.510 211,111 228,050 155.734 228,850 228,850 14 -10 OVERTIME 153 758 300 202 300 300 15 -50 OTHER PAY 189 1,431 1,400 1.317 1,400 1,400 21 -10 EMPLOYER FICA 20,716 21,516 22,850 16.732 21570 23,890 22 -10 GENERAL EMPL, RETIREMENT 8,620 9,454 8.720 6.716 9.070 9,090 23 -10 LIFE INSURANCE 240 206 220 165 200 200 23 -20 DISABILITY INSURANCE 309 319 230 202 250 250 23 -30 HEALTH INSURANCE 13,461 16,904 16,750 13.960 16.820 16.750 24 -10 WORKERS COMPENSATION 22,380 21,130 16,020 13.350 12,970 13,140 25 -10 UNEMPLOYMENT COMPENSATIO 466 492 1,090 1.100 1,080 1,080 25 -20 EMPLOYEE ASSISTANCE PROG. 68 69 60 56 7Q �ZQ PERSONAL SERVICES 346,618 361,934 373,610 276,377 378,030 382,630 31 -90 OTHER PROF. SERVICES 0 164 100 100 300 300 34 -90 OTHER CONTRACTUAL SERVICE 33,238 44.651 41,729 35.318 41,720 41,720 40 -10 TRAVEL & TRAINING 1,951 2,573 1,880 179 1,880 1,980 41 -10 TELEPHONE EXPENSE 150 115 110 92 110 110 41 -15 PORTABLE PHONEIMDD 315 382 901 792 910 910 42 -10 POSTAGE 5 0 0 0 0 0 44 -30 EQUIPMENT RENTALILEASE 928 895 1,020 800 1,020 1,020 44-45 VEHICLE RENTAL- GARAGE 4,220 4,220 4,600 3.833 4,600 4,600 44 -90 OTHER RENTALILEASE COSTS 4,143 6,820 6.960 6.230 7,000 7,000 45 -10 GENERAL LIABILITY 13,260 10,360 10.230 8.525 9,960 9,960 45 -90 OTHER INSURANCE COSTS 470 450 520 455 520 520 46 -30 VEHICLE MAINT: GARAGE 6,104 5.882 3,000 5.521 3.000 3,000 46 -90 OTHER REPAIRIMAINT. COSTS 981 895 990 969 990 990 48 -10 SPECIAL EVENTS 1,060 800 900 0 900 900 480 REFRESH MENTIFOODIMEETINGS 1,271 1,233 1,700 1.481 1,400 1,400 49 -90 OTHER CURRENT CHARGES 2,714 2,900 4,000 682 3,700 3,700 49 -95 UNRECONCILED CC CHARGES 0 398 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 543 552 600 426 600 600 51 -20 OFFICE EQUIP. < $1,000 0 117 90 0 90 90 51 -90 OTHER OFFICE SUPPLIES 2,028 1,982 1,820 2.121 1,820 1,820 52 -10 FUELILUBE- VEHICLES 2,184 2,465 3,400 2.270 3,400 3,400 52 -20 GENERAL OPER. SUPPLIES 3,950 3,991 4,000 1661 4,000 4,000 52 -22 UNIFORMS/LINEN SERVICE 6.664 7,898 7,000 6.735 7,200 7,200 54-20 MEMBERSHIPS 1,176 1,115 1,010 160 710 710 54-30 TRAINING/EDUCATION COSTS 898 1.345 1.760 314 1.760 1.760 OPERATING EXPENSES 88,252 102,201 98,320 80,664 97,590 97,590 OUT OF SCHOOL PROGRAM 434,870 464,135 471,930 357,040 475,620 480,220 43 City of Delray Beach 2013 -2014 Proposed Budget 44 2011 2012 2013 2013 De a tment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 41 PARKS & RECREATION Div. 19 TEEN CENTER 12 -10 REGULAR SALARIESIWAGES 87,177 81,831 71,100 60.807 74,940 78,680 12 -30 TERM.PAYI SICK & VACATION 0 2,585 0 0 0 0 13 -10 PARTTIME 59,187 68,857 81,560 64.782 85,040 85,040 14 -10 OVERTIME 399 575 800 50 800 800 15-50 OTHER PAY 0 0 2500 2.500 0 0 21 -10 EMPLOYER FICA 10,807 11,125 11.380 9.313 11,700 11,990 22 -10 GENERAL EMPL. RETIREMENT 91830 10,594 7,950 6,083 6,150 8,170 22 -30 ICMA CONTRIBUTIONS 48 0 0 0 0 0 23 -10 LIFE INSURANCE 238 211 200 153 160 180 23 -20 DISABILITY INSURANCE 345 334 210 183 220 220 2320 HEALTH INSURANCE 16,826 19.717 16.750 14.196 16,820 16,750 24-10 WORKERS COMPENSATION 9.980 9.430 7,150 5.958 5,790 5,860 25 -10 UNEMPLOYMENT COMPENSATIO 205 211 470 558 480 480 25 -20 EMPLOYEE ASSISTANCE FROG. 85 80 60 57 70 70 PERSONAL SERVICES 195,031 205,549 200,130 164,639 204,190 208,240 31 -90 OTHER PROF, SERVICES 0 25 0 0 110 110 34 -20 PEST CONTROL SERVICE 108 108 150 81 150 150 34 -90 OTHER CONTRACTUAL SERVICE 2,403 1.163 1,365 771 870 870 40 -10 TRAVEL &TRAINING 581 1.009 850 0 1,200 1,200 41 -10 TELEPHONE EXPENSE 851 818 830 673 800 800 41 -15 PORTABLE PHONEIMDD 0 0 0 0 380 380 43 -10 ELECTRICITY 6,594 7238 7,500 5,591 7,020 7.020 43 -20 WATER & SEWER 747 492 740 381 510 510 4320 WASTE COLLECTION & DISP. 522 557 560 553 550 550 4320 STORMWATER ASSESSMENT FEE 455 455 460 455 460 460 44 -20 BUILDING RENTAULEASE 4.826 4940 5250 5.016 5,250 5,250 44 -90 OTHER RENTALILEASE COSTS 0 0 1.160 0 1.160 1,160 45 -10 GENERAL LIABILITY 5.950 5,120 5.400 4.500 5,140 5,140 45 -90 OTHER INSURANCE COSTS 600 600 600 585 600 600 46 -10 BUILDING MAINTENANCE 2,620 4,033 3,500 2.812 3500 1500 46 -20 EQUIPMENT MAINTENANCE 951 1,009 2.000 1.448 2,000 2,000 46-30 VEHICLEMAINT.- GARAGE 0 0 0 0 1,800 1,800 46 -90 OTHER REPAIRIMA[NT. COSTS 561 570 570 559 570 570 48-10 SPECIAL EVENTS 138 97 350 0 350 350 48 -30 REFRESHMENTIFOODIMEETINGS 697 734 750 694 750 750 49 -90 OTHER CURRENT CHARGES 67 172 110 45 0 0 51 -10 STATIONERYIPAPERIFORMS 12B 99 140 96 140 140 51 -20 OFFICE EQUIP. < $1,000 2,939 2,278 3,000 2.777 3,000 3,000 51 -90 OTHER OFFICE SUPPLIES 465 1.041 780 523 780 780 52 -10 FUELILUBE- VEHICLES 0 0 0 225 2,200 2,200 52 -20 GENERAL OPER. SUPPLIES 2,504 1.701 1,500 972 1,500 1,500 52 -22 UNIFORMS/LINEN SERVICE 406 634 570 429 570 570 52 -25 JAN ITORIAL SUPPLIES 1,301 2,907 1,400 106 1,400 1,400 52 -27 EQUIPMENT < $1.000 1,255 523 1,550 1.549 1,170 1,170 54-20 MEMBERSHIPS 150 248 160 160 160 160 54-30 TRAINING /EDUCATION COSTS 437 478 680 314 650 _680 OPERATING EXPENSES 38,256 39,048 41,925 31,314 44,770 44,770 64-90 OTHER MACH./EQUIPMENT 0 0 1.525 0 0 0 CAPITAL OUTLAY 0 0 1,525 0 0 0 TEEN CENTER 233,287 244,597 243,580 195,953 248,960 253,010 44 45 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 41 PARKS & RECREATION Div. 21 ATHLETICS 12 -10 REGULAR SALARIESIWAGES 55,691 80,578 84,800 68.039 84,060 89.160 12 -30 TERM.PAYI SICK & VACATION 11,019 0 0 0 0 0 13 -10 PARTTIME 83,274 79,982 70,490 60.861 78,760 78,760 14 -10 OVERTIME 47 69 350 324 0 0 14-20 REIMBURSABLE OVERTIME 721 271 478 477 0 0 21 -10 EMPLOYER FICA 11,603 12,366 11,620 9.834 12,310 12,700 22 -10 GENERAL EMPL, RETIREMENT 9,110 9.620 9,030 6.836 9,050 9,070 2220 ICMA CONTRIBUTIONS 1,038 1,862 1,870 1.541 1,920 1,920 23 -10 LIFE INSURANCE 120 138 150 112 130 130 23-20 DISABILITY INSURANCE 243 328 240 206 250 250 23 -30 HEALTH INSURANCE 7,908 12,521 12,570 10.470 12.620 12,570 24-10 WORKERS COMPENSATION 3,850 1640 2.760 2.300 2,230 2260 25 -10 UNEMPLOYMENT COMPENSATIO 20B 203 370 438 400 400 25 -20 EMPLOYEE ASSISTANCE PROG, 40 _ 51 42 50 50 PERSONAL SERVICES 184,872 201,829 190,778 161,479 201,780 207,270 34-20 PEST CONTROL SERVICE 114 96 490 72 490 490 34 -90 OTHER CONTRACTUAL SERVICE 969 2,594 11,091 6.796 10,430 10,430 40 -10 TRAVEL &TRAINING 210 2.445 2,076 2.128 2,330 2,330 41 -10 TELEPHONE EXPENSE 1,417 1,383 1,420 1.153 1,420 1,420 41 -15 PORTABLE PHONEIMDD 0 740 1,030 830 1,300 1,300 42 -10 POSTAGE 805 0 0 0 0 0 42 -20 EXPRESS CHARGE/MESSENGER 0 0 250 194 0 0 43 -10 ELECTRICITY 97,967 114,125 104,700 85.411 100,380 100,380 43-20 WATER & SEWER 4,098 4,700 4.210 3.239 4,790 4790 43 -25 IRRIGATION WATER 13,683 14.931 14,710 9.941 12,950 12,950 4320 WASTE COLLECTION & DISP. 4,181 4,459 4,460 4.431 4,430 4,430 43-50 STORMWATER ASSESSMENT FEE 9,737 9,737 9.740 9.726 9,720 9.720 44 -30 EQUIPMENT RENTALILEASE 504 449 600 374 600 600 44-45 VEHICLE RENTAL- GARAGE 13,460 13,460 14,390 11.992 14,870 14,870 45 -10 GENERAL LIABILITY 8,530 9,900 9.320 7.767 9,510 9.510 45 -90 OTHER INSURANCE COSTS 1,770 1.770 1,770 1.755 1,800 1,800 46 -10 BUILDING MAINTENANCE 15.306 7,953 17,500 17.041 14.000 14,000 46 -20 EQUIPMENT MAINTENANCE 30 1,013 1,250 1.054 1,250 1,250 4620 VEHICLE MAINT: GARAGE 14,038 21,211 9,350 15.389 9,850 9,850 -' 46 -90 OTHER REPAIRIMAINT. COSTS 40.102 24275 17,354 13.215 18,000 18,000 48 -30 REFRESHMENTIFOODIMEETINGS 91 27 146 144 0 0 49 -90 OTHER CURRENT CHARGES 0 20 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 254 298 260 240 300 300 51 -20 OFFICE EQUIP. < $1,000 0 40 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 319 455 690 589 700 700 52 -10 FUELILUBE- VEHICLES 6,039 6,713 6,000 5.438 7,800 7,800 52 -20 GENERAL OPER. SUPPLIES 8,985 11,733 1200 7.364 13,000 13,000 52 -22 UNIFORMSILINEN SERVICE 0 90 288 288 90 90 52 -25 JANITORIAL SUPPLIES 0 0 0 0 200 200 52 -27 EQUIPMENT < $1,000 0 0 0 265 500 500 54-20 MEMBERSHIPS 0 303 160 160 260 260 54-30 TRAINING/EDUCATION COSTS 450 1,195 505 540 960 960 55 -20 BASKETBALL 15.728 _ 14.009 14.130 13.963 14.450 14.450 OPERATING EXPENSES 258,787 266,126 259,970 221,500 256,380 256,380 6340 RECREATIONAL IMPROVEMENTS 0 0 0 0 8.000 8,000 64 -90 OTHER MACH.IEQU[PMENT 8585 6.480 0 0 0 0 CAPITAL OUTLAY 81585 6,480 0 0 8,000 8,000 ATHLETICS 452,245 474,435 450,748 382,979 466,160 471,650 45 City of Delray Beach 2013.2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROG, 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL. FUND 0 34 -90 OTHER CONTRACTUAL SERVICE 119 9 10 Dent 41 PARKS & RECREATION 610 610 40 -10 TRAVEL & TRAINING 832 0 Div, 22 SPECIAL EVENTS 0 850 850 41 -10 TELEPHONE EXPENSE 53 12 -10 REGULAR SALARIESIWAGES 65,742 68,035 66,250 54.657 68,230 70,680 13 -10 PARTTIME 0 0 1,155 1.154 0 0 14-10 OVERTIME 930 992 1,497 1,634 1,400 1,400 21 -10 EMPLOYER FICA 4,927 4,982 4,940 3.899 4,930 5120 22 -10 GENERAL EMPL. RETIREMENT 7,550 8,050 7,400 5.491 7,420 7,430 23 -10 LIFE INSURANCE 188 170 170 131 150 150 23 -20 DISABILITY INSURANCE 242 276 200 165 200 200 23-30 HEALTH INSURANCE 9,773 13,217 12,570 10.470 12,620 12,570 24 -10 WORKERS COMPENSATION 3.840 3,630 2.750 2.292 2,230 2.260 25 -10 UNEMPLOYMENT COMPENSATIO 51 55 150 125 150 150 25 -20 EMPLOYEE ASSISTANCE PROG, 46 PERSONAL SERVICES 93,292 99,461 97,132 80,060 97,380 100,010 31 -90 OTHER PROF. SERVICES 0 0 100 0 0 0 34 -90 OTHER CONTRACTUAL SERVICE 119 9 10 8 610 610 40 -10 TRAVEL & TRAINING 832 0 880 0 850 850 41 -10 TELEPHONE EXPENSE 53 74 70 64 90 90 42 -10 POSTAGE 1,229 0 0 0 0 0 42 -20 EXPRESS CHARGE/MESSENGER 0 0 104 103 30 30 44-30 EQUIPMENT RENTALILEASE 11,670 11,103 14.675 11.154 16.600 16,600 45 -10 GENERAL LIABILITY 5,160 2,620 2,680 2.233 2,660 2,660 45 -90 OTHER INSURANCE COSTS 350 350 350 335 350 350 46 -90 OTHER REPAIRIMAINT. COSTS 210 200 200 196 200 200 47 -10 PRINT[NGIB IN DING SERVICES 6,777 5,417 4,000 3.491 4,500 4.500 48 -10 SPECIAL EVENTS 5,333 8,257 5,921 6,119 6.400 6,400 480 REFRESHMENTIFOODIMEETINGS 1,322 609 500 458 500 500 48 -90 OTHER PROMOTIONAL COSTS 568 624 180 0 500 500 49 -10 ADVERTISING 161 161 930 943 300 300 49 -90 OTHER CURRENT CHARGES 99 30 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 341 365 400 513 230 230 51 -90 OTHER OFFICE SUPPLIES 676 644 820 876 750 750 52 -22 UNIFORMSILINEN SERVICE 48 0 100 96 100 100 52 -27 EQUIPMENT < $1,000 0 0 240 240 500 500 54 -20 MEMBERSHIPS 350 350 225 225 250 250 54 -30 TRAINING/EDUCATION COSTS __.--- --- .400 425 „ 450 450 460 460 OPERATING EXPENSES 35,699 31,237 32,835 27,503 35,880 35,880 SPECIAL EVENTS 128,991 130,698 129,967 107,563 133,260 135,890 46 47 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Descdplion Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 41 PARKS & RECREATION Div. 23 OCEAN RESCUE & BEACH OPER 12 -10 REGULAR SALARIESIWAGES 541,707 540,602 547,413 419345 555,650 558,480 12 -30 TERM.PAYI SICK & VACATION 32,535 1,967 2,187 2,186 0 0 13 -10 PARTTIME 200,524 201,452 189,890 161,786 207,020 207,020 14 -10 OVERTIME 36,720 36,690 38,000 40,292 42,280 42,280 15-45 EDUCATIONALICERTIFICATION 43,083 45,164 45,470 36,422 45.410 45,410 15-50 OTHER PAY 1,892 2,001 2,880 2.285 2.820 2,820 21 -10 EMPLOYER FICA 63,591 60,969 61,580 48.197 65,050 65,270 22 -10 GENERAL EMPL, RETIREMENT 67,090 63,583 57,700 41.996 59,820 59,940 22 -30 ICMA CONTRIBUTIONS 514 0 0 0 0 0 23 -10 LIFE INSURANCE 1,635 1,439 1,640 1.167 1,470 1,470 23 -20 DISABILITY INSURANCE 2162 2,204 1,690 1.272 1,660 1,660 23 -30 HEALTH INSURANCE 93,665 119,648 125,640 97,023 126.140 125,630 24-10 WORKERS COMPENSATION 47,210 44,570 33,790 28,158 27,360 27,710 25 -10 UNEMPLOYMENT COMPENSATIO 1,168 1,154 3,150 2.672 2,220 2,220 25 -20 EMPLOYEE ASSISTANCE PROG. _ 484 492 500 396 500 _ _ _ 480 PERSONAL SERVICES 1,133,978 1,121,935 1,111,530 883,500 1,137,400 1,140,390 31 -90 OTHER PROF. SERVICES 2,005 1,740 1,740 1,613 2,240 2,240 34 -10 JANITORIAL SERVICES 3,360 3,360 3360 2,063 1,700 1,700 34 -20 PEST CONTROL SERVICE 36 36 60 27 60 60 34 -90 OTHER CONTRACTUAL SERVICE 80,177 79,949 80,120 74,989 96,000 96,000 40 -10 TRAVEL & TRAINING 1301 196 1,410 158 1,410 1,410 41 -10 TELEPHONE EXPENSE 1,181 1,167 1,180 984 1,210 1,210 41 -15 PORTABLE PHONEIMDD 928 1,008 1,150 860 1,220 1,220 43 -10 ELECTRICITY 5,606 4305 5,460 3.786 4,550 4,550 43 -20 WATER &SEWER 43,965 29,074 36,000 31.652 31,490 31,490 43 -25 IRRIGATION WATER 39,306 34,315 38,700 35.087 33,760 33,760 43-50 STORMWATERASSESSMENT FEE 3,904 3,904 3,910 3,880 3,880 3,880 4430 EQUIPMENTRENTALILEASE 1,067 978 1,080 536 1,080 1,080 44-45 VEHICLE RENTAL- GARAGE 14.920 26,280 26,820 22.350 27,660 27,660 45 -10 GENERAL LIABILITY 35,310 29,430 30,360 25.300 30,610 30,610 45 -90 OTHER INSURANCE COSTS 1,000 1,000 1.000 985 890 890 46 -10 BUILDING MAINTENANCE 6,746 3,426 5,280 2,841 5,280 5,280 46 -20 EQUIPMENT MAINTENANCE 4,193 4,549 4,000 2,962 5,510 5,510 4690 VEHICLE MAINT.- GARAGE 5,376 7156 9,850 7,945 10,150 10,150 46 -90 OTHER REPAIR/MAINT. COSTS 331 340 340 333 340 340 47 -10 PRINTING/BINDING SERVICES 0 0 0 0 340 340 48 -10 SPECIAL EVENTS 34 0 650 342 450 450 48 -20 EMPLOYEE AWARDS 471 0 240 0 240 240 480 REFRESHMENTIFOODIMEETINGS 268 174 600 39 600 600 49 -90 OTHER CURRENT CHARGES 170 120 150 150 130 130 51 -10 STATIONERYIPAPER/FORMS 306 138 220 175 220 220 51 -20 OFFICE EQUIP. < $1,000 0 333 0 0 0 0 51-90 OTHER OFFICE SUPPLIES 363 611 740 411 740 740 52 -10 FUEULUBE- VEHICLES 4,314 6,343 5,000 4.089 5,200 5,200 52 -20 GENERAL OPER. SUPPLIES 4.273 6,086 7,450 4.485 8,250 8.250 52 -22 UNIFORMSILINEN SERVICE 5,778 6,151 5,600 4.342 5,900 5,900 52 -24 BUILDING MATERIALS 276 25 300 0 350 350 52 -25 JANITORIAL SUPPLIES 1,241 547 710 645 710 710 52 -27 EQUIPMENT < $1,000 5,078 6,487 5,730 5.456 9,770 9,770 54-10 BOOKS & PUBLICATIONS 117 0 200 0 200 200 54 -20 MEMBERSHIPS 246 238 570 475 700 700 54 -30 TRAINING/EDUCATION COSTS 2,085 1,755 1,840 1.334 2,000 2,000 54 -35 TUITION REIMBURSEMENT _ _ 1,650. 0 0 0 0 _ _ 0 OPERATING EXPENSES 277,381 261,523 281,820 240,294 294,840 294,840 6340 RECREATIONAL IMPROVEMENTS 0 0 47,420 0 0 0 64 -90 OTHER MACH./EQUIPMENT _ 4.298 0 5.220 5.220 _ 12.200 12.200 CAPITAL OUTLAY 4,298 0 52,640 5,220 12,200 12,200 OCEAN RESCUE & BEACH OPER 1,415,658 1,383,458 1,445,990 1,129,013 1,444,440 1,447,430 47 City of Delray Beach 2013.2014 Proposed Budget 48 2011 2012 2013 2013 Department Manager Account Dascriplion Actuais Actuals Revised Y -T- Actual Request Recommends Fund 001 GENERAL FUND Dept 41 PARKS & RECREATION Div. 25 COMMUNITY CENTER 12 -10 REGULAR SALARIESIWAGES 93.698 116,168 116,530 95.603 119,200 125.140 12 -30 TERM.PAYI SICK & VACATION 64 0 0 0 0 0 13 -10 PARTTIME 39.122 24,632 24,100 19.439 22,100 22,100 14-10 OVERTIME 2,483 1,932 3,160 3.121 3.130 3,130 14-20 REIMBURSABLE OVERTIME 6,922 7,520 5,860 5.178 6,000 6,000 21 -10 EMPLOYER FICA 10,129 10,669 10,660 8.664 10,530 10980 22 -10 GENERAL EMPL. RETIREMENT 13,410 14,278 13,040 9.605 12,960 12.990 23 -10 LIFE INSURANCE 272 295 330 240 290 290 23 -20 DISABILITY INSURANCE 366 472 350 289 360 360 23 -30 HEALTH INSURANCE 14,583 25,043 25,130 20.940 25,230 25,130 24 -10 WORKERS COMPENSATION 7,550 7,120 5,400 4.500 4,370 4,430 25 -10 UNEMPLOYMENT COMPENSATIO 135 140 370 333 370 370 25 -20 EMPLOYEE ASSISTANCE PROG. 79 102 100 83 100 _ 100 PERSONAL SERVICES 188,812 208,371 205,030 167,995 204,640 211,020 31 -90 OTHER PROF. SERVICES 0 0 0 0 100 100 34 -20 PEST CONTROL SERVICE 48 748 770 486 670 670 34-90 OTHER CONTRACTUAL SERVICE 2,473 2,971 3,591 3.180 4,620 4,620 40 -10 TRAVEL & TRAINING 0 540 0 0 1,970 1,970 41 -10 TELEPHONE EXPENSE 538 537 560 457 580 580 41 -20 INTERNET ACCESS 0 0 1,080 970 1,660 1.660 43 -10 ELECTRICITY 20,144 28,227 23,510 16.753 24,660 24,660 43 -20 WATER & SEWER 2.164 2,398 2.170 1.599 2,370 2,370 43 -30 WASTE COLLECTION & DISP. 8,362 8,919 8.920 8,864 8,860 8,860 43-50 STORMWATER ASSESSMENT FEE 1,737 1,737 1740 1.737 1,740 1,740 44 -20 BUILDING RENTALILEASE 480 560 600 280 600 600 44 -30 EQUIPMENT RENTALILEASE 928 895 1200 746 1,200 1,200 45 -10 GENERAL LIABILITY 7,480 5,780 5,990 4.992 5,940 5,940 45 -90 OTHER INSURANCE COSTS 520 520 520 505 520 520 46 -10 BUILDING MAINTENANCE 18.833 25,572 31,972 30.267 30,000 30,000 46 -20 EQUIPMENT MAINTENANCE 428 540 1.970 1.840 1,000 1,000 46 -90 OTHER REPAIRIMAINT, COSTS 381 390 390 382 390 390 46 -30 REFRESHMENTIFOODIMEETINGS 0 44 50 0 50 50 49 -90 OTHER CURRENT CHARGES 20 40 20 20 30 30 51 -10 STATIONERYIPAPERIFORMS 399 270 420 206 500 500 51 -20 OFFICE EQUIP. < $1,000 2.227 339 1.042 1.281 5,000 5,000 51 -90 OTHER OFFICE SUPPLIES 659 1,017 700 710 700 700 52 -20 GENERAL OPER. SUPPLIES 1332 1,865 2115 2.063 2,200 2,200 52 -22 UNIFORMSILINENSERVICE 1,210 1,393 1,216 964 1,220 1,220 52 -25 JANITORIAL SUPPLIES 4,490 4,469 3,480 3.335 4,000 4,000 52 -27 EQUIPMENT < $1.000 348 0 0 0 500 500 54-15 SUBSCRIPTIONS 0 0 240 255 220 220 54-20 MEMBERSHIPS 150 150 160 160 160 160 54-30 TRAININGIEDUCATION COSTS _ 0 23 0 0 410 410 OPERATING EXPENSES 75,350 89,945 94,426 82,053 101,870 101,870 64-90 OTHER MACH.IEQUIPMENT _ 0 7.150 0 0 0 0 CAPITAL OUTLAY 0 71150 0 0 0 0 COMMUNITY CENTER 264,162 305,466 299,456 250,048 306,510 312,890 48 City of Delray Beach 2013.2014 Proposed Budget 49 2011 2012 2013 2413 Department Manager Account Description Actuals Actuais Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND DeDt 41 PARKS & RECREATION Div. 26 VETERANS PARKIREC FACIL 12 -10 REGULAR SALARIESIWAGES 53,562 41,290 25,380 17.665 39,070 41,020 12 -30 TERM. PAY/ SICK & VACATION 0 2,585 0 0 0 0 13 -10 PARTTIME 11,699 21.691 34.430 28,466 28,130 28,130 14-10 OVERTIME 355 1,014 700 687 0 0 14-20 REIMBURSABLE OVERTIME 5,920 7,922 5,000 6.228 5,000 5,000 15 -50 OTHER PAY 969 706 940 398 940 940 21 -10 EMPLOYER FICA 5,299 5,617 5.290 4.081 5,570 5,720 22 -10 GENERAL EMPL. RETIREMENT 6.010 6,554 4,240 1.775 4.250 4,260 23 -10 LIFE INSURANCE 146 129 100 59 90 90 23 -20 DISABILITY INSURANCE 218 173 110 55 120 120 23 -30 HEALTH INSURANCE 10,096 11,409 8,380 5.139 8,410 8.380 24 -10 WORKERS COMPENSATION 4,550 4,290 3250 2.708 2,630 2,660 25 -10 UNEMPLOYMENT COMPENSATIO 126 139 190 315 200 200 25 -20 EMPLOYEE ASSISTANCE PROG. 51 __ 6 30 22 30 30 PERSONAL SERVICES 99,001 103,576 88,040 67,597 94,440 96,550 31 -90 OTHER PROF, SERVICES 0 0 0 0 130 130 34 -20 PEST CONTROL SERVICE 36 456 550 467 650 650 34 -90 OTHER CONTRACTUAL SERVICE 965 1,064 970 760 970 970 40 -10 TRAVEL & TRAINING 0 0 50 0 50 50 41 -10 TELEPHONE EXPENSE 617 575 590 490 600 600 43 -10 ELECTRICITY 12,402 10,518 12100 7.879 10,140 10,140 43 -25 IRRIGATION WATER 9,521 5,965 8140 57 4,050 4,050 430 WASTE COLLECTION & DISP. 3,366 3,590 1600 3,414 5,400 5,400 43-50 STORMWATER ASSESSMENT FEE 1,410 1,410 1,410 1,410 1,410 1,410 44 -30 EQUIPMENT RENTAL/LEASE 775 682 804 532 700 700 45 -10 GENERAL LIABILITY 3,360 2,910 3,000 2.500 2,780 2.780 45 -90 OTHER INSURANCE COSTS 230 230 230 215 230 230 46 -10 BUILDING MAINTENANCE 898 1,511 2,600 2.021 6.800 6,800 46 -20 EQUIPMENT MAINTENANCE 561 0 200 163 200 200 46 -90 OTHER REPAIRIMAINT. COSTS 381 530 390 382 390 390 47 -10 PRINTINGIBINDING SERVICES 0 290 290 0 290 290 48 -10 SPECIAL EVENTS 0 0 0 0 150 150 48 -30 REFRESHMENTIFOODIMEETINGS 102 74 160 157 100 100 49 -90 OTHER CURRENT CHARGES 250 239 160 104 30 30 51 -10 STATIONERYIPAPERIFORMS 166 53 410 363 410 410 51 -20 OFFICE EQUIP. < $1,000 1.443 1,000 600 303 600 600 51 -90 OTHER OFFICE SUPPLIES 918 577 900 382 900 900 52 -20 GENERAL OPER. SUPPLIES 1,454 1,111 1,450 1.474 1,600 1,600 52 -22 UNIFORMSILINEN SERVICE 809 167 580 251 600 600 52 -25 JANITORIAL SUPPLIES 1,413 1,899 1,930 1.018 1,800 1,800 52 -27 EQUIPMENT < $1,000 0 0 180 66 180 180 54-15 SUBSCRIPTIONS 99 96 100 96 100 100 54 -20 MEMBERSHIPS 150 150 190 160 200 200 54-30 TRAININGIEDUCATION COSTS 48 73 150 0 150 150 OPERATING EXPENSES 41,373 35,172 42,334 24,665 41,610 41,610 6340 RECREATIONAL IMPROVEMENTS 0 0 0 0 10,800 10,800 63 -90 OTHER IMPROVEMENTS _ 0 0 . __ 0 0 12.000 12.000 CAPITAL OUTLAY 0 0 0 0 22,800 2200 VETERANS PARKIREC FACIL 140,374 138,748 130,374 92,261 158,850 160,960 49 City of Delray Beach 2013.2014 Proposed Budget 64 -90 OTHER MACH. /EQUIPMENT CAPITAL OUTLAY 0 13,138 1,321 1,320 36,850 3$,850 C S POMPEY REC FACILITY 785,891 788,512 832,501 654,711 850,210 859,300 50 2011 2012 2013 2013 DWartment Manager Account Description Actuals Actuals Revised Y -T_p Actual Request Recommends Fund 001 GENERAL FUND DeDL 41 PARKS & RECREATION Div. 27 C S POMPEY REC FACILITY 12 -10 REGULAR SALARIESIWAGES 240,022 231,682 222,515 175.948 260,210 268,680 12 -30 TERM.PAYI SICK & VACATION 6 13,166 0 0 0 0 13 -10 PARTTIME 122,636 122,080 132.870 117,065 127.830 127,830 14 -10 OVERTIME 2,291 5,941 7.230 8,409 5.150 5,150 14 -20 REIMBURSABLE OVERTIME 181 1,051 2.700 2,503 2,500 2,500 21 -10 EMPLOYER FICA 27,460 28157 29,040 22.537 29,430 30,080 22 -10 GENERAL EMPL. RETIREMENT 35,770 35,933 28,490 17.665 28,020 28,070 23 -10 LIFE INSURANCE 733 610 740 484 650 650 23 -20 DISABILITY INSURANCE 969 943 760 531 780 780 23 -30 HEALTH INSURANCE 44,158 60311 58,630 43,972 58,870 58,630 24 -10 WORKERS COMPENSATION 22,890 21,610 16,380 13,650 13,260 13,430 25 -10 UNEMPLOYMENT COMPENSATIO 428 439 1,130 1,175 1,130 1,130 25 -20 EMPLOYEE ASSISTANCE PROG. 228 217 230 178 230 220 PERSONAL SERVICES 497,772 522,142 500,715 404,118 528,060 537,150 31 -90 OTHER PROF. SERVICES 24.496 24,941 22,100 19,093 24,390 24,390 34-20 PEST CONTROL SERVICE 276 276 570 207 570 570 34-90 OTHER CONTRACTUAL SERVICE 21.763 28,270 39,791 24.304 40,960 40,960 40 -10 TRAVEL & TRAINING 1,005 1,010 1,000 866 1540 1,540 41 -10 TELEPHONE EXPENSE 2,031 2,266 1,960 1.882 2,330 2,330 41 -15 PORTABLE PHONEIMDD 275 1,015 1,040 1.105 1,040 1,040 43 -10 ELECTRICITY 51,916 50,675 51,500 34,451 46,960 46,960 43-20 WATER & SEWER 3,768 9,079 3,700 4.668 4,300 4,300 4325 IRRIGATION WATER 33,515 1,530 4,000 533 4,800 4,800 43 -30 WASTE COLLECTION & DISP, 19,326 20,614 20,620 20.918 20,900 20,900 43-40 GAS 989 966 920 980 1,200 1,200 43 -50 STORMWATER ASSESSMENT FEE 1,905 1,905 1.900 1.905 1.900 1,900 44-30 EQUIPMENT RENTALILEASE 3.726 4,100 3,600 1,046 3.600 3,600 44-45 VEHICLE RENTAL- GARAGE 2.400 3,560 4,490 3742 4,490 4,490 4490 OTHER RENTALILEASE COSTS 0 5,139 1,400 1,400 2,800 2,800 45 -10 GENERAL LIABILITY 21350 18.240 18,900 15,750 17,250 17.260 45 -90 OTHER INSURANCE COSTS 1,310 1.340 1,340 1,295 1,340 1.340 46 -10 BUILDING MAINTENANCE 19,382 14.581 22,000 19,965 16,500 16,500 46 -20 EQUIPMENT MAINTENANCE 768 1,430 1,600 1,305 1.700 1700 46 -30 VEHICLE MAINT,- GARAGE 4,395 5,668 4,100 4.579 4.700 4,700 46 -90 OTHER REPAIRIMAINT. COSTS 8.635 2916 14,818 13.360 8.000 8,000 47 -10 PRINTINGIBINDING SERVICES 0 0 380 0 380 380 48 -10 SPECIAL EVENTS 3.493 4,288 5,050 0 3,800 3,800 48 -20 EMPLOYEE AWARDS 0 0 300 16 300 300 48-30 REFRESHMENTIFOODIMEETINGS 126 606 800 536 1,280 1,280 49 -20 BAD DEBT EXPENSE 0 341 0 0 0 0 49 -90 OTHER CURRENT CHARGES 643 684 2,190 494 30 30 51 -10 STATIONERYIPAPERIFORMS 765 471 1,160 377 1,160 1.160 51 -20 OFFICE EQUIP. < $1,000 1,545 1,130 2,126 2.024 2,020 2,020 51 -90 OTHER OFFICE SUPPLIES 3,842 4,221 2.570 1.105 2,800 2,800 52 -10 FUELILUBE- VEHICLES 3,012 2,752 3200 2.717 3.510 3,510 52 -20 GENERAL OPER, SUPPLIES 7,243 5,466 7,580 6.673 7,180 7,180 52 -22 UNIFORMSILINEN SERVICE 1,700 1,327 2,170 1.171 1,520 1,520 52 -25 JANITORIAL SUPPLIES 5,797 4.137 6,680 5,386 6,180 6.180 52 -27 EQUIPMENT < $1,000 128 890 640 0 0 0 54-15 SUBSCRIPTIONS 0 0 180 0 180 180 54 -20 MEMBERSHIPS 848 344 1,130 1.029 1.080 1,080 540 TRAININGIEDUCATION COSTS 230 326 1,080 146 1,080 1,080 5520 FOOTBALL 35,018 26,729 71.880 54.245 41.520 41.520 OPERATING EXPENSES 288,119 253,232 330,465 249,274 285,300 285,300 63-40 RECREATIONAL IMPROVEMENTS 0 0 0 0 36.850 36,850 64 -12 OFFICE EQUIPMENT 0 0 1,320 1.320 0 0 64 -90 OTHER MACH. /EQUIPMENT CAPITAL OUTLAY 0 13,138 1,321 1,320 36,850 3$,850 C S POMPEY REC FACILITY 785,891 788,512 832,501 654,711 850,210 859,300 50 Account Description Fund 001 GENERAL FUND Dept 41 PARKS $ RECREATION Div. 31 PARKS MAINTENANCE City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Actuals Actuals Revised Y -T -D Actual Request Recommends 12 -10 REGULAR SALARIESIWAGES 1,487:599 1,435,663 1,480,950 1.176.082 1,512,370 1.584,020 12 -30 TERM-PAY/ SICK & VACATION 28.954 2,023 4,833 4.832 0 0 13 -10 PARTTIME 30.767 29,769 31,470 25.864 31,470 31,470 14 -10 OVERTIME 35,589 52,092 42,560 45.731 36,560 36,560 14-20 REIMBURSABLE OVERTIME 0 0 7,980 2.618 13,980 13,980 15-50 OTHER PAY 0 0 800 569 1,300 1.300 21 -10 EMPLOYER FICA 115,244 109,367 116,270 90.056 114,430 119,910 22 -10 GENERAL EMPL. RETIREMENT 162,560 173,377 139,840 94,417 135,780 136,040 22 -30 ICMA CONTRIBUTIONS 2,241 2,198 2,200 1,836 2,270 2,270 23 -10 LIFE INSURANCE 4,291 3,915 4,490 3.336 4,190 4,190 23 -20 DISABILITY INSURANCE 5,913 5,830 4,580 3.554 4,520 4,520 23 -30 HEALTH INSURANCE 294,457 362,601 376.930 300.354 378,440 376,920 24 -10 WORKERS COMPENSATION 96,280 90,910 68,930 57.442 55.810 56,530 25 -10 UNEMPLOYMENT COMPENSATIO 1,621 1,584 4,720 3.816 4,710 4,710 25 -20 EMPLOYEE ASSISTANCE PROG. 1.503 J AQZ 1.530 1221. 1.520. 1.440 PERSONAL SERVICES 2,267,016 2,270,795 2,288,083 1,811,728 2,297,350 2,373,860 31 -20 MEDICAL 0 65 87 87 0 0 31 -90 OTHER PROF. SERVICES 0 30 0 0 90 90 34-20 PEST CONTROL SERVICE 470 420 660 315 660 660 34110 TEMPORARY SERVICES 8,379 5,562 8.000 0 8,000 8,000 34 -90 OTHER CONTRACTUAL SERVICE 288,109 250,777 264,760 179.947 287,990 287,990 40 -10 TRAVEL &TRAINING 3,337 2,353 1,670 1.719 1,870 1,870 41 -10 TELEPHONE EXPENSE 2,124 2,146 2,160 1.780 2,170 2,170 y 41 -15 PORTABLE PHONEIMDD 4,055 5.296 7,100 7.108 6,590 6,590 43 -10 ELECTRICITY 92,776 12,571 12,940 9,144 12,140 12,140 43 -20 WATER & SEWER 9,500 8,698 9,680 6.789 8.270 8,270 43 -25 IRRIGATION WATER 472,398 362,638 410,000 262.015 331,720 331,720 430 WASTE COLLECTION & DISP. 17,654 30,405 30,410 59.528 65.510 65,510 43 -50 STORMWATER ASSESSMENT FEE 7.338 7,556 7,500 9.087 9,120 9120 44 -30 EQUIPMENT RENTAULEASE 1,339 1,905 3,530 839 3,560 1560 44-5 VEHICLERENTAL- GARAGE 183,580 174,150 173,720 144.767 178,250 178,250 45 -10 GENERAL LIABILITY 89,580 79.350 84,820 70.683 80,980 80,980 46 -10 BUILDING MAINTENANCE 11,951 13.081 12,000 10.812 12,000 12,000 46 -20 EQUIPMENT MAINTENANCE 22,307 24,726 30,510 29.214 27,000 27,000 46 -30 VEHICLE MAINT: GARAGE 142,544 136,548 115,840 138.519 117,140 117,140 46 -31 VEHICLE MAINTENANCE OTHER 500 0 0 0 0 0 46-45 IRRIGATION MAINTENANCE 32,569 30,627 33,000 33.0533 31000 33,000 46 -90 OTHER REPAIRIMAINT. COSTS 24,080 18,771 28,095 22.161 30.950 30.950 48 -20 EMPLOYEE AWARDS 180 0 180 0 180 180 48 -30 REFRESHMENT/FOOD/MEETINGS 570 924 560 29 560 560 49 -10 ADVERTISING 0 568 769 769 350 350 49 -90 OTHER CURRENT CHARGES 120 200 450 450 0 0 51 -10 STATION ERYIPAPERIFORMS 500 441 500 397 500 500 51 -20 OFFICE EQUIP, < $1,000 210 15 15 15 0 0 51 -90 OTHER OFFICE SUPPLIES 1,485 1,349 1,500 1.500 1.500 1,500 52 -10 FUELILUBE- VEHICLE8 122,181 125,001 109,000 105.444 118,740 118.740 52 -20 GENERAL OPER. SUPPLIES 14,548 18,587 18,050 17.509 17,950 17,950 52 -21 CHEMICALS 2,690 9,084 810 294 810 810 52 -22 UNIFORMSILINEN SERVICE 17,288 18,892 22.000 21.885 27.340 27,340 52 -24 BUILDING MATERIALS 715 740 1,000 808 1,200 1.200 52 -25 JANITORIAL SUPPLIES 36.660 38,739 36,500 38.721 36,500 36,500 52 -26 GARDENING SUPPLIES 64,001 56,416 71,000 74.658 80.010 80,010 52 -27 EQUIPMENT < $1,000 11,720 6,179 8,384 7,856 8,000 8,000 54 -15 SUBSCRIPTIONS 90 90 180 90 180 180 54-20 MEMBERSHIPS 760 908 1,060 725 1,220 1,220 _ 54-30 TRAININGIEDUCATION COSTS 3,545 2.707 - 4.450 3.507 5.590 5,500 OPERATING EXPENSES 1,611,854 1,448,514 1,513,090 1,262,224 1,517,640 1,517,640 64 -90 OTHER MACH./EQUIPMENT j .296 8.699 14.860 14.224 16.900 16.900 CAPITAL OUTLAY 1,296 8,699 14,860 14,224 16,900 16,900 PARKS MAINTENANCE 3,880,166 3,728,009 3,816,033 3,088,176 3,831,890 3,908,400 51 City of Delray Beach 2013.2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE FROG, 2011 2012 2013 2013 Department Manager Account Description Actuals Aduals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND 620 40 -10 TRAVEL & TRAINING 8 444 230 Dent. 41 PARKS & RECREATION 230 230 41 -10 TELEPHONE EXPENSE 574 578 Div, 35 AQUATICS OPERATIONS 483 580 580 43 -10 ELECTRICITY 24.988 12 -10 REGULAR SALARIESIWAGES 111,878 101,673 94,800 76.636 94,880 123,950 13 -10 PARTTIME 70,544 78,425 52,440 39.261 60,450 69.550 14 -10 OVERTIME 99 18 510 135 910 910 21 -10 EMPLOYER FICA 13,743 13,350 10,253 8.513 11,500 14,420 22 -10 GENERAL EMPL, RETIREMENT 13,400 14,715 13,350 7.634 10,310 11050 23 -10 LIFE INSURANCE 399 312 410 225 270 360 23 -20 DISABILITY INSURANCE 445 414 360 229 280 350 23 -30 HEALTH INSURANCE 24,829 27,825 33,430 20.940 25.230 33,510 24-10 WORKERS COMPENSATION 11,880 11,220 8,510 7.092 6.890 6980 25 -10 UNEMPLOYMENT COMPENSATIO 319 304 680 542 550 650 25 -20 EMPLOYEE ASSISTANCE FROG, 52 PERSONAL SERVICES 247,666 248,371 214,883 161,291 211,370 263,850 34 -90 OTHER CONTRACTUAL SERVICE 530 419 440 315 440 620 40 -10 TRAVEL & TRAINING 8 444 230 0 230 230 41 -10 TELEPHONE EXPENSE 574 578 390 483 580 580 43 -10 ELECTRICITY 24.988 27,304 26,580 20.964 25.970 25,970 43 -20 WATER & SEWER 1.708 2,195 1,400 2.971 490 490 43 -30 WASTE COLLECTION & DISP. 1.536 1,638 520 1,628 1,630 1,630 43-50 STORMWATER ASSESSMENT FEE 762 762 760 762 760 760 45 -10 GENERAL LIABILITY 8.650 7,400 7,580 6,317 6,000 6,000 45 -90 OTHER INSURANCE COSTS 720 720 720 705 720 720 46 -10 BUILDING MAINTENANCE 35.684 4,325 5,850 1.878 8,000 8,000 46 -20 EQUIPMENT MAINTENANCE 6,852 731 5,000 100 6.300 6,300 46 -90 OTHER REPAIRlMAINT, COSTS 5,007 721 1,590 882 1,840 1,840 48 -10 SPECIAL EVENTS 0 283 350 325 350 350 48 -30 REFRESHMENTIFOODIMEETINGS 0 186 250 17 250 250 49 -90 OTHER CURRENT CHARGES 1,507 1,403 530 86 510 670 51 -10 STATIONERYIPAPERIFORMS 37 0 150 99 300 300 51 -90 OTHER OFFICE SUPPLIES 661 831 700 506 800 800 52 -20 GENERAL OPER. SUPPLIES 2,210 2,985 2,100 1.537 2,660 2,660 52 -21 CHEMICALS 20,184 18,586 18.150 10.792 20.760 20,760 52 -22 UNIFORMSILINEN SERVICE 1,602 1,419 830 1.630 1,460 1,460 52 -25 JANITORIAL SUPPLIES 769 553 377 0 500 800 52 -27 EQUIPMENT < $1,000 1,157 2,122 700 45 1,250 1,250 5410 BOOKS & PUBLICATIONS 0 140 400 232 520 520 54-20 MEMBERSHIPS 150 150 320 320 460 480 5430 TRAININGIEDUCATION COSTS 1,053 1.266 640 60 900 900 OPERATING EXPENSES 116,349 77,162 76,557 52,652 83,700 84,340 63-40 RECREATIONAL IMPROVEMENTS 0 __ 0 0 0 21.800 10.000 CAPITAL OUTLAY 0 0 0 0 21,800 10,000 AQUATICS OPERATIONS 364,015 325,534 291,440 213,943 316,870 358,190 52 53 City of Defray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Depar4ment Manager Account i]escription Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 41 PARKS & RECREATION Div. 37 CATHERINE STRONG PARK 12 -10 REGULAR SALARIESIWAGES 39,903 72,036 77,960 64.904 82,070 86,160 13 -10 PARTTIME 38,526 31.930 31,469 27.223 40,410 40,410 14-10 OVERTIME 0 106 71 71 0 0 21 -10 EMPLOYER FICA 5,977 7.903 8,290 7,019 9,330 9,640 22 -10 GENERAL EMPL. RETIREMENT 8,410 9,729 8,720 6.521 8,920 8,940 23 -10 LIFE INSURANCE 120 181 220 165 200 200 23 -20 DISABILITY INSURANCE 157 290 230 196 250 250 23 -30 HEALTH INSURANCE 7.852 15,304 16,750 13.960 16,820 16,750 24 -10 WORKERS COMPENSATION 6.410 6,050 4,590 3.825 3.720 3,770 25 -10 UNEMPLOYMENT COMPENSATIO 111 128 310 370 350 350 25 -20 EMPLOYEE ASSISTANCE FROG. 40 ._ _ -__ 62 60 56 70 70 PERSONAL SERVICES 107,505 143,718 148,670 124,310 162,140 166,540 31 -90 OTHER PROF. SERVICES 0 30 0 0 0 0 34 -20 PEST CONTROL SERVICE 36 36 50 27 50 50 34 -90 OTHER CONTRACTUAL SERVICE 439 353 370 364 370 370 40 -10 TRAVEL & TRAINING -82 955 1.060 74 1,060 1,060 ,. 41 -10 TELEPHONE EXPENSE 413 400 400 320 380 380 43 -10 ELECTRICITY 5,493 5,985 5,530 4.475 6,150 6,150 43 -20 WATER & SEWER 1,862 2171 2,400 1.669 2.320 2,320 43 -25 IRRIGATION WATER 20,503 15,663 18,600 14.621 15,350 15,350 43-30 WASTE COLLECTION & DISP. 6,272 6,690 5,690 6.648 6.650 6,650 43 -50 STORMWATER ASSESSMENT FEE 1,144 1,144 1,140 1.144 1,140 1,140 44 -90 OTHER RENTAULEASE COSTS 1,061 1,081 1,500 669 6,200 6,200 45 -10 GENERAL LIABILITY 4,270 3,580 3,810 3,175 4,190 4,190 45 -90 OTHER INSURANCE COSTS 350 350 350 335 350 350 46 -10 BUILDING MAINTENANCE 3,311 1,711 2,600 2.569 2,500 2,500 46 -20 EQUIPMENT MAINTENANCE 0 651 757 965 2,000 2,000 46 -90 OTHER REPAIRIMAINT. COSTS 381 890 390 382 390 390 48 -10 SPECIAL EVENTS 145 368 400 287 600 600 48 -30 REFRESH MENTIFOODIMEETINGS 584 294 461 109 700 700 49 -16 COMML DRIVERS LIC RENEWAL 20 0 100 88 100 100 49 -90 OTHER CURRENT CHARGES 27 248 25 55 0 0 51 -10 STATION ERYIPAPERIFORMS 58 0 125 116 100 100 51 -20 OFFICE EQUIP. <$1,000 0 290 100 - 0 100 100 51 -90 OTHER OFFICE SUPPLIES 133 542, 450 299 450 450 52 -20 GENERAL OPER. SUPPLIES 472 2,728 1,935 1.773 2,070 2,070 52 -22 UNIFORMSILINEN SERVICE 266 401 420 407 420 420 52 -27 EQUIPMENT < $1.000 23 0 359 454 1,010 1,010 54 -20 MEMBERSHIPS 150 150 385 385 320 320 54 -30 TRAIN INGIEDUCATION COSTS 12 303 T 210 30 310 310 OPERATING EXPENSES 47,342 47,014 50,617 41,440 55,280 55,280 64 -90 OTHER MACHJEQUIPMENT 0 0 0 0 12.800 12.800 CAPITAL OUTLAY 0 0 0 0 12,800 12,800 CATHERINE STRONG PARK 154,846 190,732 199,287 165,750 230,220 234,620 PARKS & RECREATION 8,842,143 8,746,022 8,835,696 7,071,168 9,010,470 9,178,910 53 City of Delray Beach 2013 -2014 Proposed Budget 54 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 42 TENNIS OPERATIONS Div. 10 TENNIS STADIUM 31 -90 OTHER PROFESSION. SERVICE 52,044 57.186 76.145 52.667 73,150 73,150 34-90 OTHER CONTRACTUAL SERVICE 41,086 42,539 57410 39.178 42,610 42,610 43 -10 ELECTRICITY 18,300 17,750 17,640 14.700 15,780 15,780 43 -20 WATER AND SEWER 8,790 4,340 3,890 3.242 3840 3,840 44 -90 OTHER RENTAULEASE COST 0 0 50 0 0 0 45 -10 GENERAL LIABILITY 38.760 44,700 46,790 38.992 48,040 48.040 45 -90 OTHER INSURANCE COSTS 1,500 1,500 1,500 1,250 1,500 1.500 46 -10 BUILDING MAINTENANCE 13,980 7,451 14,000 17,229 14,000 14,000 52 -20 GEN. OPERATING SUPPLIES 2,655 1,347 2,500 1,816 2,500 2,500 55-40 TENNIS TOURNAMENT 1,229,010 1,302,704 1,374,540 1.313,648 1,453,650 1,453,650 55 -43 CHRIS EVERT CLASSIC TOURN 53,992 53,704 55.500 55,250 57,500 57,500 55.46 PLAYERS INTL. MGMT. INC. 162,231 168,125 174,840 157.157 181,840 181,840 5547 CHAMPIONS TOUR 468,750 443,750 454.250 454.250 467,880 467,880 55 -48 FED CUP TIE fAPR 20131 0 0 198.020 199.073 0 0 OPERATING EXPENSES 2,091,098 2,145,098 2,477,275 2,348,451 2,362,290 2,362,290 63 -90 OTHER IMPROVEMENTS 0 0 0 0 29.000 29.000 CAPITAL OUTLAY 0 0 0 0 29,000 29,000 TENNIS STADIUM 2,091,098 2,145,098 2,477,275 2,348,451 2,391,290 2,391,290 54 55 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 DWa tment Menage' Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept 42 TENNIS OPERATIONS Div, 15 TENNIS CENTERS 31 -90 OTHER PROFESSION. SERVICE 361,011 383,011 382,100 301.307 395,690 395,690 34 -20 PEST CONTROL SERVICES 276 276 280 207 280 280 34 -90 OTHER CONTRACTUAL SERVICE 424.411 453,510 428,170 360.979 433,070 433,070 40 -10 TRAVEL &TRAINING 705 772 700 524 700 700 41 -10 TELEPHONE EXPENSE 2776 2,754 2,780 2.281 2,780 2.780 42 -10 POSTAGE -255 20 100 29 100 100 43 -10 ELECTRICITY 70,256 69,778 70.560 42.093 63.120 63.120 43 -20 WATER AND SEWER 10,691 14,585 15.580 14.236 15,380 15380 43 -25 IRRIGATION WATER 28,751 32,011 31,150 20.436 30,150 30,150 43 -30 WASTE COLLECT. & DISPOSAL 9,407 10,035 10,040 9.972 9,970 9,970 43 -50 STORMWATER ASSESSMENT FEE 4,114 4,114 4,120 4.114 4,120 4,120 44-30 EQUIPMENT RENTAULEASE 655 1,230 2,440 2.371 2,440 2,440 44-45 VEHICLE RENTAL - GARAGE 500 500 500 417 500 500 45 -10 GENERAL LIABILITY 26.400 23,450 26,170 21.808 25.250 25.250 45-45 HEALTH CARE PREMIUMS 31,044 33,644 37,500 29.283 38,800 38,800 45 -90 OTHER INSURANCE COSTS 28.067 34.512 43,260 36.501 37.260 37,260 46 -10 BUILDING MAINTENANCE 5.629 5264 17,500 10.181 10,000 10,000 46 -20 EQUIPMENT MAINTENANCE 0 74 .0 0 0 0 46.30 VEHICLE MAINT.- GARAGE 408 1,999 2,900 1.800 1,650 1,650 46 -90 OTHER REPAIRIMAINTENANCE 47,266 51,124 36,000 27.958 61,500 61,500 47 -10 PRINT] NGIBINDING SERVICE 1,110 510 1,800 330 1,300 1,300 480 REFRESHMENTIFOODIMEETINGS 0 0 100 0 0 0 49 -10 ADVERTISING 10.440 9,348 10,500 8.745 10.500 10.500 49-90 OTHER CURRENT CHARGES 590 400 650 400 650 650 51 -10 STATIONERYIPAPERIFORMS 57 0 270 0 270 270 51 -20 OFFICE EQUIP. <$1,000 0 227 500 0 250 250 52 -11 FUEUOIL- OTHER 918 920 1,000 870 1,070 1,070 52 -20 GEN. OPERATING SUPPLIES 10,833 8,482 8,500 5.491 8,500 8,500 52 -22 UNIFORMSILINEN SERVICE 1,734 1.296 1,800 992 1,800 1,800 52 -25 JANITORIAL SUPPLIES 939 1,068 1,100 1.002 1,100 1,100 52 -27 EQUIPMENT < $1.000 2.632 499 1,000 0 1,000 1.000 52-44 TENNIS MERCHANDISE 17,409 16,432 19,880 15.849 19.880 19,880 54-20 MEMBERSHIPS 567 317 970 317 970 970 55-40 TENNIS TOURNAMENT 36.654 30.952 33.250 24.331 33.250 33.250 OPERATING EXPENSES 1,135,993 1,193,112 1,193,170 944,824 1,213,300 1,213,300 63 -90 OTHER IMPROVEMENTS 14,930 0 0 0 0 0 64-11 COMPUTER EQUIPMENT 0 1,200 0 0 0 0 64-90 OTHER MACH/EQUIPMENT _ 0 5.000 0 . 0 0 CAPITAL OUTLAY 14,930 1,200 5,000 0 0 0 TENNIS CENTERS 1,150,922 1,194,312 1,198,170 944,824 1,213,300 1,213,300 TENNIS OPERATIONS 3,242,020 3,339,410 3,675,445 3,293,275 3,604,590 3,604,590 55 City of Delray Beach 2013 -2014 Proposed Budget 4-1 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y- T- D Actuai Request Recommends Fund 001 GENERAL FUND Dent 45 CEMETERY DIV.11 CEMETERY 12 -10 REGULAR SALARIESIWAGES 145,601 140.854 132.020 99.742 138,070 143,780 14-10 OVERTIME 7,719 7,144 11,200 5.379 9,000 9,000 14-20 REIMBURSABLE OVERTIME 0 0 1,800 1.712 1,800 1,800 21 -10 EMPLOYER FICA 11380 10,944 11,550 8.016 11,200 11,640 22 -10 GENERAL EMPL. RETIREMENT 16,380 17.789 16,370 6.237 9,930 9,950 23 -10 LIFE INSURANCE 384 362 410 255 360 360 23 -20 DISABILITY INSURANCE 577 575 440 301 410 410 2MO HEALTH INSURANCE 26,922 32,695 33,500 23.732 33,640 33.510 24 -10 WORKERS COMPENSATION 11,440 10,800 8.190 6,825 6,630 6.720 25 -10 UNEMPLOYMENT COMPENSATIO 140 137 400 278 400 400 25 -20 EMPLOYEE ASSISTANCE PROG. 136 13a 140 95 130 _120 PERSONAL SERVICES 220,678 221,433 216,020 152,572 211,570 217,690 34-40 TEMPORARY SERVICES 5,330 5,330 5,330 0 5.330 5,330 34-90 OTHER CONTRACTUAL SERVICE 0 0 11 0 0 0 40 -10 TRAVEL & TRAINING 20 20 20 0 20 20 41 -15 PORTABLE PHONEIMDD 629 578 590 421 580 580 43 -10 ELECTRICITY 1,434 1,356 1,480 1.019 1,290 1,290 43-25 IRRIGATION WATER 71,212 53,149 63,870 46.641 53,250 53,250 43-50 STORMWATER ASSESSMENT FEE 2,221 2,221 2,220 2,221 2220 2,220 44-45 VEHICLERENTAL- GARAGE 11,000 11,000 11,000 9.167 11,000 11,000 45 -10 GENERAL LIABILITY 8.890 7,490 8.260 6.883 8,000 8,000 46 -20 EQUIPMENT MAINTENANCE 5,440 4,956 11.800 9.467 9,800 9,800 46 -30 VEHICLE MAINT: GARAGE 3,936 9.226 7,000 7,429 7,800 7,800 4645 IRRIGATION MAINTENANCE 7.344 5,719 9,500 7.302 7,500 7,500 46 -90 OTHER REPAIWMAINT.COSTS 4.891 4.352 6,000 4.326 6,000 6,000 48 -20 EMPL. RECOGNITION AWARDS 0 28 50 0 50 50 48 -30 REFRESHMENTIFOODIMEETWGS 130 96 139 139 130 130 52 -10 FUELILUBE- VEHICLES 4,446 3.927 3,800 3.059 4.290 4,290 52 -20 GENERAL OPER. SUPPLIES 3,700 6,564 2.800 2,598 3.700 3,700 52 -22 UNIFORMSILINEN SERVICE 1,740 1,718 3,240 1.740 2.280 2,280 52 -24 BUILDING MATERIALS 266 707 800 382 B00 800 52 -25 JANITORIAL SUPPLIES 762 1,200 2,100 2.054 1,400 1,400 52 -26 GARDENING SUPPLIES 14,940 8.829 16,000 10393 17,000 17,000 52 -27 EQUIPMENT < $1,000 2,010 475 2,010 2.010 2,010 2,010 54 -20 MEMBERSHIPS 0 0 30 0 30 30 54 -30 TRAIN INGIEDUCATIONCOSTS 140 0 . _____ __140 140 140 140 OPERATING EXPENSES 150,483 128,939 158,190 117,891 144,620 144,620 64-90 OTHER MACH./EQUIPMENT 2.374 0 4.760 2.354 4.760 4.760 CAPITAL OUTLAY 2,374 0 4,760 2,354 4,760 4,760 CEMETERY 373,536 350,371 378,970 272,816 360,950 367,070 4-1 57 City of Delray Beach 20132014 Proposed Budget 2011 2012 2013 2013 beparment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 009 GENERAL FUND Dept 61 MISCELLANEOUS Div, 11 MISCELLANEOUS EXPENDITURE 31 -90 OTHER PROFESSIONAL SERV. 28,158 48,119 24,500 21.251 24,500 24,500 42 -10 POSTAGE 3,440 3,462 3,690 3.889 4,000 4,000 46 -10 BUILDING MAINTENANCE 1.320 2.200 1.760 1.760 1,760 1,760 47 -10 PRINTINGIBINDING SERVICES 1,390 0 0 0 0 0 49 -20 BAD DEBT EXPENSE 1.548 25.345 0 847 0 0 49 -21 REFUND PRIOR YEAR REVENUE 0 486 0 0 0 0 49 -25 ADJUSTMENT TO INVENTORY 143 -375 0 0 0 0 49 -55 REIMB SPECIAL EVENT COSTS 4,306 3,475 0 4.482 0 0 49 90 OTHER CURRENT CHARGES 1.996 79 0 8.036 -__0 0 OPERATING EXPENSES 42,301 82,791 29,950 40,265 30,260 30,260 99 -03 MANAGER'S CONTINGENCY 0 0 34.859 0 _ 0 250.000 NON- OPERATING EXPENSES 0 0 34,859 0 0 250,000 MISCELLANEOUS EXPENDITURE 42,301 82,791 64,809 40,265 30,260 280,260 57 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Deut 61 MISCELLANEOUS Div. 13 DOWNTOWN BUSINESS AREA PL 31 -90 OTHER PROFESSIONAL SERV. 0 37.941 0 0 Q 0 OPERATING EXPENSES 0 37,941 0 0 0 0 DOWNTOWN BUSINESS AREA PL 0 37,941 0 0 0 0 MISCELLANEOUS 42,301 120,732 64,809 40,265 30,260 280,260 58 59 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager AccountDesc6ptlon Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 63 GRANTS Div. 11 MISCELLANEOUS GRANTS 82 -01 ECONOMIC DEVEL- SUPPORT 0 24.300 0 0 0 0 82 -02 CHAMBER OF COMMERCE 20.000 10,000 0 0 0 0 82 -03 MAE VOLEN SENIOR CENTER 12,000 12,000 12,000 11.000 12.000 12000 82 -09 COMMUNITY CHILD CARE CNTR 22.750 22,750 22,750 22.750 22,750 22.750 82 -14 BOYS & GIRLS CLUB 25,000 25,000 25,000 25.000 25,000 25,000 82 -19 DBMC 35.000 38,000 70,000 70.000 73,000 73,000 83 -02 EPOCH 31.000 31.000 31.000 31.000 31,000 31.000 83-03 FRIENDS OF SANDOWAY HOUSE 20.000 20,000 20,000 20.000 21.200 21.200 83 -07 DB HIST.SOCIETY -CASON COT 30.000 24.000 24.000 24.000 25.000 25.000 GRANTS AND AIDS 195,750 207,050 204,750 203,750 209,950 209,950 . MISCELLANEOUS GRANTS 195,750 207,050 204,750 203,750 209,950 209,950 59 [,-foil City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 001 GENERAL FUND Dept 63 GRANTS Div. 12 OLD SCHOOL SQUARE 62 -10 OLD SCHOOL SQUARE 194.750 194.750 194.750 194.750 194.750 GRANTS AND AIDS 194,750 194,750 194,750 194,750 194,750 194,750 OLD SCHOOL SQUARE 194,750 194,750 194,750 194,750 194,750 194,750 [,-foil City of Delray Beach 2013 -2014 Proposed Budget 61 2011 2012 2013 2013 Deg tment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 63 GRANTS Div. 15 LIBRARY 82 -20 LIBRARY 1.453.500 1.453.500 1.453.500 1.453.500 1.453.500 1,42,500 GRANTS AND AIDS 1,453,500 1,453,500 1,453,500 1,453,500 1,453,500 1,453,500 LIBRARY 1,453,500 1,453,500 1,453,500 1,453,500 1,453,500 1,453,500 GRANTS 1,844,000 1,855,300 1,853,000 1,852,000 1,858,200 1,858,200 61 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dept. 71 DEBT SERVICE Div. 11 DEBT SERVICE 71 -00 2002 G.O.B PRINCIPAL 1,865,000 1,960,000 2,055,000 2.055.000 71 -34 2004 G.O.B. PRINCIPAL 620,000 640,000 665,000 665.000 71 -35 2005 G,O.B PRINCIPAL 0 0 0 0 7142 2000 REV BOND - PRINCIPAL 352,000 376.200 393,960 391957 7144 2003 REVENUE BOND- PRINCIP 565,000 590,000 615.000 615,000 71-47 2008REVENUE LOC- PRINCIPAL 0 0 150,000 0 71 -50 LEASE/PURCHASE PRINCIPAL 64,375 149,536 250,420 159.989 71 -99 OTHER PRINCIPAL COSTS 0 0 0 0 72 -00 2002 G.O.B. INTEREST 247375 151,750 51,380 51.375 72 -04 2004 G.O.B. INTEREST 429,165 407,090 383,450 197,545 72 -05 2005 G,O.B INTEREST 415,000 415,000 415,000 207,500 7242 2000 REV BOND- INTEREST 186.535 167,892 148,160 144,659 72-44 2003 REVENUE BD- INTEREST 235,004 214,830 189,720 192.344 72-47 2008 REVENUE LOC- INTEREST 27,310 26,251 33,750 25.653 72-50 LEASEIPURCHASE- INTEREST 4,512 13,674 13,490 12.700 73 -01 FISCAL AGENT CHARGES 1,290 990 1,000 690 73 -99 OTHER DEBT SERVICE COSTS _ _ _0 750 0 DEBT SERVICE 5,012,567 5,113,963 5,365,330 4,721,411 62 0 0 690,000 690,000 720,000 720,000 413,160 413,160 585,000 585,000 150.000 150,000 190,080 282.080 58,000 58,000 0 0 358,880 358,880 400,060 400,060 127,500 127,500 167,220 167,220 33,750 33,750 10,690 10,690 650 650 3,904,990 3,996,990 City of Delray Beach 2013.2014 Proposed Budget 63 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 001 GENERAL FUND Dent 91 TRANSFERS Div. 11 TRANSFERS 81 -01 CRA -AD VALOREM TAXES 6,418,010 6,376,396 6.455.940 6,442,131 6,994,630 7,242,770 81 -03 CRA -OTHER 17.802 15.580 0 0 0 0 GRANTS AND AIDS 6,435,812 6,391,976 6,455,940 6,442,131 6,994,630 7,242,770 91 -02 TRANS. TO BEAUT. TRUST 879,566 881,762 870,000 732.355 870,000 870,000 91 -03 TRANS. TO GEN. CONST, 2,000,000 609,090 1,085,130 922.942 500,000 500,000 91 -04 TRANS. TO CDBG 149.430 149.430 149,430 124,525 0 149,430 91 -05 TRANS. TO BEACH RESTOR. 15.000 15,000 221,350 184.458 456,000 456,000 91 -15 TRANSFER TO SPECIAL PROJS 158 6,300 0 0 0 0 91 -20 07UTILXFRTO DEBT I'D 1.199.740 1,195,650 1 210,870 1.009,058 1.241.440 1,241.440 NON- OPERATING EXPENSES 4,243,894 2,857,232 3,536,780 2,973,339 3,067,440 3,216,870 TRANSFERS 10,679,706 9,249,208 9,992,720 9,415,470 10,062,070 10,459,640 GENERAL FUND 93,178,829 90,042,609 96,574,063 78,829,971 98,595,050 99,671,880 63 64 rzevew�.e 2012 2013 2014 .% Change Special Revenue Funds Actual Revised Proposed 13 -14. REVENUES ARRA Fund 771,762 25,938 0 - 100.00% Law Enforcement Trust Fund 100,426 125,500 93,750 - 25.30% Neighborhood Services 1,561,777 2,803,585 1,400,080 - 50.06% Beautification Trust Fund 889,172 885,690 875,190 -1.19% TOTAL 3,323,137 3,840,713 2,369,020 - 3832% EXPENSES ARRA Fund 771,759 25,938 0 - 100.00% Law Enforcement Trust Fund 68,751 125,500 93,750 - 25.30% Neighborhood Services 1,984,833 2,803,585 1,400,080 - 50.06% Beautification Trust Fund 846,699 885,690 875,190 -1.19% TOTAL . 3,672;042 3,840,713 2,369,020 - 38.326/. 65 Law Enforcement Trust Fund 2012 2013 .201 % Change. Actual Revised Proposed 13 -14 REVENUES Surplus & Encumbrances 0 9,000 0 - 100.00% Fines & Forfeits 100,393 116,500 93,750 - 19.53% Miscellaneous Revenue 33 0 0 NA TOTAL 100,426 125,500 93,750 -- 25.30 % EXPENSES Law Enforcement 68,751 125,500 93,750 - 25.30% TOTAL 68,751 125,500 93,750 - 25.30% .. City of Delray Beach 2013.2014 Proposed Budget 67 2011 2012 2013 2013 Department Manager Account Descripfbn Actuals Actuals Revised Y- T- DActual Request Recommends Fund 112 LAW ENFORCEMENT TRUST FD 303.12 -00 PRIOR YEAR ENCUMBRANCES 0 0 9,000 0 0 0 REVENUE 0 0 9,000 0 0 0 351.21 -00 CONFISCATED PROPERTY 126,208 100,393 116,500 57,740 93,750 93,750 FINES AND FORFEITS 126,208 100,393 116,500 57,740 93,750 93,750 361.10 -00 INTEREST - INVESTMENTS 218 0 0 0 0 0 369.99 -00 MISCELLANEOUS REVENUE 0 33 0 0 0 0 MISCELLANEOUS REVENUE 218 33 0 0 0 0 LAW ENFORCEMENT TRUST FD 126,426 100,426 125,500 57,740 93,750 93,750 67 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 112 LAW ENFORCEMENT TRUST FD Deat.21 POLICE Div. 72 LAW ENFORCEMENT 40 -10 TRAVEL & TRAINING 458 0 500 0 500 500 42 -10 POSTAGE 284 620 500 637 750 750 46 -20 EQUIPMENT MAINTENANCE 0 14.400 0 0 0 0 480 REFRESHMENTIFOODIMEETINGS 0 0 0 0 500 500 49 -10 ADVERTISING -109 268 500 3.585 5,000 5,000 490 CRIME PREVENTION PROGRAMS 26,672 21,841 30.000 25.950 30.000 30,000 49 -90 OTHER CURRENT CHARGES 0 0 11,500 11.500 2,000 2,000 52 -20 GENERAL OPER. SUPPLIES 17303 14,400 49,000 19.117 25.000 25,000 52 -23 INVESTIGATIVE EXPENSES 18.097 3.261 5,000 3.841 5,000 5,000 52 -27 EQUIPMENT < $1,000 2,530 7,402 5,000 0 10,000 10,000 54 -10 BOOKS & PUBLICATIONS 4,323 0 0 0 0 0 54 -30 TRAININGIEDUCATION COSTS 8.295 _ _ __ 0 . _ 5.000 0 5.000 5.000 OPERATING EXPENSES 77,860 62,191 107,000 64,629 83,750 83,750 64-90 OTHER MACH./EQUIPMENT 31532 6.560 18.600 0 10.000 11000 CAPITAL OUTLAY 30,532 6,560 18,500 0 10,000 10,000 LAW ENFORCEMENT 108,392 68,751 125,500 64,629 93,750 93,750 POLICE 108,392 68,751 125,500 64,629 93,750 93,750 LAW ENFORCEMENT TRUST FD 108,392 68,759 125,500 64,629 93,750 93,750 68 Neighborhood Services Fund i 2012 2013 . 2014 % Change Actual Revised Proposed 13 =14. REVENUES Surplus & Encumbrances 0 401,870 0 - 100.00% Intergovernmental Revenue 831,686 1,886,390 651,100 - 65.48% Miscellaneous Revenue 135,402 82,840 599,550 623.74% Non-Revenues(Transfers) 594,690 432,485 149,4330 - 65.45% TOTAL 1,561,778 2,803,585 1,400,080 0.06% EXPENSES Hope III Acquisitions 0 250 0 - 100.00% SHIP Program 36,823 23,778 87,540 268.16% CRA Program Projects 25,443 121,472 65,000 - 46.49% Workforce Housing 0 4,594 0 - 100.00% CRA - Neighborhood Stabilization 1,335 241,715 203,420 - 15.84% DCA- Neighborhood Stabilization 924,686 637,898 257,130 - 59.69% FEMA- Residential Mitigation 144,287 0 150,000 NA Disaster Recovery Initiative 1 & 2 52,614 0 0 NA CDBG Program Planning /Admin 99,246 74,170 65,210 -12.08% Disaster Recovery Initiative 3 0 613,350 0 - 100.00% CDBG Housing Rehab - federal 381,032 603,405 296,970 - 50.78% CDBG Miscellaneous Exp- Federal 18,892 86,108 25,000 - 70.97% CDBG Grants & Aids - Federal 78,540 186,970 62,030 - 66.82% Neighborhood Improvement 221,935 209,875 187,780 - 10.53% TOTAL 1,984,833 2,803,585 19400,080 -50.06°l0: .• City of Delray Beach 2013.2014 Proposed Budget 70 2011 2012 2013 2013 Department Manager Account Description Actuals Actuats Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES 301.18 -00 NEIGHBORHOOD SERVICES 0 0 395,285 0 0 0 303.18 -00 PRIOR YEAR ENCUMBRANCES 0 0 6585 0 0 0 REVENUE 0 0 401,870 0 0 0 331.84 -06 PBC DISASTER RECOVERY GIRT 66,901 52,588 0 0 0 0 331.64 -08 COMM DEVEL GRANT FY08109 64,009 0 0 0 0 0 331.84 -09 COMM DEVEL GRANT FY09/10 581,155 0 0 0 0 0 331.84 -11 NEIGHBORHOOD STABILIZATIO 127,209 52,493 256,589 0 0 0 331.84 -12 COMM DEVEL GRANT FY10111 78.666 542,814 5,922 5,921 0 0 331.84 -13 COMM DEVEL GRANT FY11112 0 0 523,611 334,193 0 0 331.84 -14 COMM DEVEL GRANT FY12113 0 0 413,140 0 0 0 331.84 -15 2005 DRI3 -FIRE HEADQTRS 0 0 613,350 593,366 0 0 331.84 -16 COMM DEVEL GRANT FY13114 0 0 0 0 413.560 413,560 334.42 -00 FEMA - RESIDENTIAL MITIGATI 850 144,287 0 0 150,000 150,000 334.48 -00 SHIP PROGRAM 156,627 39,504 23,778 23,778 0 87,540 334.48 -01 FL HOMEBUYER OPPORTUNITY 52,670 0 0 0 0 0 337.45 -01 WEST SETTLER FACADE EASEM 3.952 0 50,000 15,000 0 0 INTERGOVERNMENTAL REV 1,132,039 831,686 1,886,390 972,258 563,560 651,100 361.10 -00 INTEREST - INVESTMENTS 489 0 0 0 0 0 362.53 -00 DELRAY HOUSING GROUP, INC 2,645 0 0 0 0 0 366.27 -00 PROGRAM INCOME - CRA 224 864 5,000 640 30,000 30,000 366.28 -00 MISC CONTRIBUTIONS 841 843 2,070 0 2,080 2,080 366.28 -01 CITIZEN- EASEMENT GRT PRGM 0 0 5,000 5,455 0 0 366.70 -00 COMM REDEVELOPMENT AGENCY 0 33,629 0 24,944 0 0 366.7053 NRC PLANNER SALARYIBENEFI 36,750 36,750 35,770 27,563 72,460 72,460 366.7054 TED CENTER - BUSINESS PLAN 7,500 0 0 0 0 0 366.70 -56 CURB APPEAL PROGRAM 50.000 50,000 35,000 35,000 35,000 35,000 366.70 -57 NEIGHBORHOOD STABILI PRGM 395.701 0 0 0 460.010 460,010 369.25 -01 SHIP/HOME PAYOFFS 2,173 0 0 0 0 0 369.31 -00 RECOVERY OF PRIOR YRS EXP 41 13,316 0 131 0 0 MISCELLANEOUS REVENUE 496,365 135,402 82,840 933,733 599,550 599,550 381.10 -00 RECD FROM GENERAL FD 149,430 149,430 149,430 124,525 149,430 149,430 368.10 -00 DCA NSP (CASH) PROCEEDS 301787 345,487 283,055 447,279 0 0 388.11 -00 CRA NSP (CASH) PROCEEDS 0 84,940 0 0 0 0 388.20 -00 DCA NSP(NON- CASH) PROCEEDS 18,797 14,832 0 21,339 0 0 NON- REVENUES(TRANSFERS) 470,014 594,690 432,485 593,143 149,430 149,430 NEIGHBORHOOD SERVICES 2,098,419 1,561,777 2,803,585 1,659,134 1,312,540 1,400,080 70 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Dept 19 NEIGHBORHOOD SERVICES Div. 22 HOPI; III - ACQUISITIONS 49 -18 NEIGHBORHOOD IMPROVEMENT 0 0 250 0 0 0 OPERATING EXPENSES 0 0 250 0 0 0 HOPE III - ACQUISITIONS 0 0 250 0 0 0 71 City of Delray Beach 2013.2014 Proposed Budget 72 2011 2012 2013 2013 Department Manager Account➢escdption Actuals Actuals Revised Y- T- DActual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Dept 19 NEIGHBORHOOD SERVICES Div. 24 SHIP PROGRAM -STATE GRANT 40 -10 TRAVEL & TRAINING 0 0 2.377 151 2,550 2.550 41 -10 TELEPHONE EXPENSE 34 0 0 0 0 0 49 -10 ADVERTISING 144 0 0 0 0 0 49 -19 HOUSING REHABILITATION 79,327 36.698 0 0 55,907 55.910 49 -20 HOMEOWNER SUBSIDY 134,435 0 21.401 0 29,000 29.000 49-33 SETTLEMENT COSTS 244 0 0 0 75 80 49 -90 OTHER CURRENT CHARGES 456 125 0 80 0 0 OPERATING EXPENSES 21041 36,823 23,778 232 87,532 87,540 SHIP PROGRAM -STATE GRANT 214,641 36,823 23,778 232 87,532 87,540 72 City of Delray Beach 2013 -2014 Proposed Budget 73 2011 2012 2013 2013 Department Manager Amount Descripticn Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Dept. 19 NEIGHBORHOOD SERVICES Div. 30 CRA PROGRAM PROJECTS 34-62 WEST SETTLER FACADE EASEM 0 0 50.000 20.455 30,000 30,000 34-67 CURB APPEAL PROGRAM 38.085 25.443 71.472 17.310 35.000 35,000 OPERATING EXPENSES 38,085 25,443 121,472 37,765 65,000 65,000 CRA PROGRAM PROJECTS 38,085 25,443 121,472 37,765 65,000 65,000 73 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y f -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Dept 19 NEIGHBORHOOD SERVICES Div. 33 WORKFORCE HOUSING 46 -10 BUILDING MAINTENANCE 499 0 0 0 0 0 49 -90 OTHER CURRENT CHARGES 0 0 4.594 0 0 0 OPERATING EXPENSES 499 0 4,594 0 0 0 WORKFORCE HOUSING 499 0 4,594 0 0 0 74 75 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Descripfion Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES DPtt19 NEIGHBORHOOD SERVICES Div. 34 CRA- NEIGH.STABILIZ. PRGM 43 -20 WATER AND SEWER 224 0 0 0 0 0 49 -10 ADVERTISING 557 0 0 0 0 0 49 -13 PROPERTY ACQUISITION 4,399 1,035 0 0 0 D 49 -14 ACQUISITION REHABILITATIO 5,$17 300 0 0 0 0 49 -19 HOUSING REHABILITATION 0 0 115,060 0 0 0 49 -33 SETTLEMENT COSTS 9,451 0 0 0 0 0 49 -34 SETTLEMENT COSTS- NETTED 40 0 0 __ 0� 0 0 OPERATING EXPENSES 20,488 11335 115,060 0 0 0 62 -11 PROPERTY ACQUISITIONS D 0 84,940 0 101,710 101,710 62 -12 ACQUISITION REHABILITATIO 0 ^- 0 38.295 0 _ 101.710 101.710 CAPITAL OUTLAY 0 0 123,235 0 203,420 203,420 9M2 CONTINGENCY 0 - „ -, 0 3.420 0 0 0 NON- OPERATING EXPENSES 0 0 3,420 0 0 0 CRA- NEIGH.STABILIZ. PRGM 20,488 1,335 241,715 0 203,420 203,420 75 City of Delray Beach 2013 -2014 Proposed Budget 25 -20 EMPLOYEE ASSISTANCE PROG. 2011 2012 2013 2013 De ar nt Manager Account Description Actuals Actuals Revised Y -T -D Actual request Recommends Fund 118 NEIGHBORHOOD SERVICES 0 41 -10 TELEPHONE EXPENSE 0 0 70 Dept 19 NEIGHBORHOOD SERVICES 70 70 42-20 EXPRESS CHARGE/MESSENGER 85 0 Div. 35 DCA- NEIGH.STABILIZ. PRGRM 7 100 100 43 -10 ELECTRICITY 1,792 12 -10 REGULARSALARIES/WAGES 48,460 34,392 65,893 32.168 41,010 43.060 15-50 OTHER PAY 486 468 940 738 940 940 21 -10 EMPLOYER FICA 3,705 2,578 5,153 2.242 2,860 3,020 22 -10 GENERAL EMPL, RETIREMENT 5,380 4,090 4,450 3.317 4,460 4,470 22 -30 ICMA CONTRIBUTION 856 431 0 8 0 0 23 -10 LIFE INSURANCE 120 74 100 75 90 90 23 -20 DISABILITY INSURANCE 2,212 141 120 102 130 130 23 -30 HEALTH INSURANCE 4,038 5,843 8,380 6.980 8,410 8,380 24 -10 WORKERS COMPENSATION 430 550 410 342 350 350 25 -10 UNEMPLOYMENT COMPENSATIO 32 24 100 83 100 100 25 -20 EMPLOYEE ASSISTANCE PROG. 76 PERSONAL SERVICES 65,750 48,616 85,576 46,083 58,380 60,570 32 -10 AUDIT/ACCOUNTING FEES 6.460 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 0 0 70 47 70 70 42-20 EXPRESS CHARGE/MESSENGER 85 0 100 7 100 100 43 -10 ELECTRICITY 1,792 3,634 1.000 940 1,000 1,000 43 -20 WATER AND SEWER 9,137 3,025 3,800 1.511 2,000 2,000 49 -10 ADVERTISING 1,981 1,383 1,000 717 1,000 1,000 49 -13 PROPERTY ACQUISITION 8,166 16,215 0 7.263 5,000 5,000 49 -14 ACQUISITION REHABILITATIO 4,572 600 272,491 0 0 0 49-32 LOSS - DISPOSITION NSP PROP 762,602 832,235 0 0 0 0 49-33 SETTLEMENT COSTS 7,410 4,118 0 -193 0 0 49 -04 SETTLEMENT COSTS- NETTED 18,757 14,832 0 21.339 0 0 49 -90 OTHER CURRENT CHARGES 0 28 0 0 2,000 2,000 51 -20 OFFICE EQUIP. < $1,000 0 0 950 0 _0 0 OPERATING EXPENSES 820,964 876,071 279,411 31,631 11,170 11,170 62 -11 PROPERTY ACQUISITIONS 0 0 254.749 293.317 122,710 92,420 62 -12 ACQUISITION REHABILITATIO 0 0 17732 91.886 122.710 92.420 CAPITAL OUTLAY 0 0 272,481 385,203 245,420 184,840 99 -02 CONTINGENCY 0 0 430 0 0 550 NON- OPERATING EXPENSES 0 0 430 0 0 550 DCA NEIGH.STABILIZ. PRGRM 886,714 924,686 637,898 462,917 314,970 257,130 76 77 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2093 De arlment Manager Account Description Actuals Actuals Revised Y -T -D Actual west Recommends Fund 118 NEIGHBORHOOD SERVICES DeDt 19 NEIGHBORHOOD SERVICES Div. 36 FEMA RESIDENTIAL MITIGATI 12 -10 REGULAR SALARIESNVAGES 0 6,967 D 0 0 0 21 -10 EMPLOYER FICA 0 533 0 0 Q Q PERSONAL SERVICES 0 7,500 0 0 0 0 49 -19 HOUSING REHABILITATION 850 136,509 0 0 0 0 49 -90 OTHER CURRENT CHARGES 0 278 0 0 150.000. _ _ _ 150: 000 OPERATING EXPENSES 850 136,787 0 0 150,000 150,000 FEMA RESIDENTIAL MITIGATI 850 144,287 0 0 150,000 150,000 77 City of Delray Beach 2013.2014 Proposed Budget 78 2011 2012 2013 2013 De adment Manager Account Description Actuais Actuals Revised Y- T- DAcival Request Recommends Fund 118 NEIGHBORHOOD SERVICES Deat 19 NEIGHBORHOOD SERVICES Div, 60 DISASTER RECOVERY INITI&2 12 -10 REGULAR SALARIESIWAGES 24,977 12,196 0 0 0 0 21 -10 EMPLOYER FICA 1,727 844 0 0 0 0 22 -10 GENERAL EMPL. RETIREMENT 2,870 0 0 0 0 0 23 -10 LIFE INSURANCE 72 30 0 0 0 0 23 -20 DISABILITY INSURANCE 94 41 0 0 0 0 23 -30 HEALTH INSURANCE 3,365 1,387 0 0 0 0 24 -10 WORKERS COMPENSATION 1,240 0 0 0 0 0 25 -10 UNEMPLOYMENT COMPENSATIO 18 9 0 0 0 0 25 -20 EMPLOYEE ASSISTANCE PROG. 17 9 0 0 0 PERSONAL SERVICES 34,380 14,516 0 0 0 0 49 -19 HOUSING REHABILITATION 56,018 38,099 0 0 0 0 49 -90 OTHER CURRENT CHARGES 178 0 0 0 _ _ 0 0 OPERATING EXPENSES 56,196 38,099 0 0 0 0 DISASTER RECOVERY INIT1$,2 90,576 52,614 0 0 0 0 78 City of Delray Beach 2013.2014 Proposed Budget 79 2011 2012 2013 2013 De arlment Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 118 NEIGHBORHOOD SERVICES DeDt 19 NEIGHBORHOOD SERVICES Div. 61 CDBG PROGRAM PLANNIADMIN 12 -10 REGULAR SALARIES/WAGES 61140 62,707 43,160 34.978 37,050 38,900 15 -50 OTHER PAY 486 468 0 18 0 0 21 -10 EMPLOYER FICA 4,855 4,802 3,410 2.541 2,700 2,840 22 -10 GENERAL EMPL, RETIREMENT 6,980 7,520 4,820 3.617 4,030 4,040 22 -30 1CMA CONTRIBUTION 1,272 1,316 1,300 1.044 1,110 1,110 23 -10 LIFE INSURANCE 156 131 90 68 70 70 23 -20 DISABILITY INSURANCE 253 258 130 109 110 110 23 -30 HEALTH INSURANCE 7,403 9,182 5,030 4.188 4,210 4,190 24-10 WORKERS COMPENSATION 680 890 660 550 560 570 25 -10 UNEMPLOYMENT COMPENSATIO 39 39 60 50 50 50 25 -20 EMPLOYEE ASSISTANCE PROG, 37 37 20 17 -20 20 PERSONAL SERVICES 85,301 87,350 58,680 47,178 49,910 51,900 32 -10 AUDITIACCOUNTING FEES 7,000 7,000 7,000 7.000 7,000 7,000 40 -10 TRAVEL &TRAINING 323 157 600 882 500 500 41 -10 TELEPHONE EXPENSE 143 173 80 30 80 80 41 -15 PORTABLE PHONE/MDD 592 518 320 259 240 240 42 -10 POSTAGE 548 460 200 252 200 200 42 -20 EXPRESS CHARGEIMESSENGER 0 11 100 8 50 50 44 -45 VEHICLERENTAL- GARAGE 0 0 1,110 925 930 930 45 -10 GENERAL LIABILITY 2,790 2,350 2,250 1.875 1,570 1,570 46 -30 VEHICLE MAINT.- GARAGE 0 0 1,080 0 900 900 49 -10 ADVERTISING 951 1,218 1,000 650 1,000 1,000 49 -17 PROMOTION OF FAIR HOUSING 8,000 0 0 0 0 0 49 -90 OTHER CURRENT CHARGES 40 0 0 93 0 0 52 -10 FUELILUBE VEHICLES 0 0 330 0 310 310 54-15 SUBSCRIPTIONS 0 0 100 0 100 100 54 -20 MEMBERSHIPS 0 0 280 0 280 280 54 -30 TRAININGIEDUCATIONAL COST 0 0 150 0 _ _ 150 150 OPERATING EXPENSES 20,388 11,896 14,600 11,975 13,310 13,310 99-02 CONTINGENCY 0 . _ _ ___ 890 0 19.491 0 NON - OPERATING EXPENSES 0 0 890 0 19,491 0 CDBG PROGRAM PLANNIADMIN 105,689 99,246 74,170 59,153 82,711 65,210 79 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Deni.19 NEIGHBORHOOD SERVICES Div. 62 DISASTER RECOVERY INIT3 62-89 FIRE STATION #1 0 0 454240 439.444 0 0 64 -90 OTHER MACHINERY/EQUIPMENT 0 0 159.110 -_ 153.922 0 0 CAPITAL OUTLAY 0 0 613,850 593,366 0 0 DISASTER RECOVERY 1N1T3 0 0 613,350 593,366 0 0 80 City of Delray Beach 2013.2014 Proposed Budget 81 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y- T- DActual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Dent 19 NEIGHBORHOOD SERVICES Div. 63 CDBG HOUSING REHAB - FEDERA 12 -10 REGULARSALARIESIWAGES 120,339 127,002 94,400 78.052 97,230 102,090 21 -10 EMPLOYER FICA 8.547 8,921 6,650 5.390 6,740 7,110 22 -10 GENERAL EMPL. RETIREMENT 13,640 16160 10,550 7.056 10,570 10,590 23 -10 LIFE INSURANCE 348 318 230 176 200 200 23 -20 DISABILITY INSURANCE 481 554 290 243 290 290 23 -30 HEALTH INSURANCE 16,826 23,656 14,250 12.564 14.300 14.240 24-10 WORKERS COMPENSATION 6.220 8,150 6,060 5.050 5,160 5,230 25 -10 UNEMPLOYMENT COMPENSATIO 88 96 170 150 170 170 25 -20 EMPLOYEE ASSISTANCE PROG. 85 93 50 50 60 60 PERSONAL SERVICES 166,574 184,949 132,650 108,731 134,720 139,980 32 -10 AUDITIACCOUNTING FEES 1,720 0 0 0 0 0 41 -10 TELEPHONE EXPENSE 2,863 95 150 122 100 100 41 -15 PORTABLE PHONEIMDD 631 552 940 422 940 940 44-45 VEHICLE RENTAL - GARAGE 3,670 3,670 2200 1.833 2,200 2,200 46 -30 VEHICLE MAINT.-GARAGE 2,810 2,175 1.750 3.179 1,750 1750 46 -90 OTHER REPAIRIMAINT.COSTS 250 250 400 0 250 250 49 -19 HOUSING REHABILITATION 254.304 186.856 462,945 168.704 138,180 150,450 49 -90 OTHER CURRENT CHARGES 38 380 0 81 0 0 51 -20 OFFICE EQUIP. < $1,000 0 15 0 0 0 0 52 -10 FUEULUBE VEHICLES 1,239 1,641 550 1.477 600 600 52 -22 UNIFORMSILINEN SERVICES 250 450 450 469 450 450 52 -27 EQUIPMENT < $1,000 310 0 0 0 0 0 54-00 TRAIN INGIEDUCATIONAL COST 0 _ 0 200 0 200 200 OPERATING EXPENSES 268,086 196,083 469,585 176,288 144,670 156,940 99 -02 CONTINGENCY 0 0 1.170 0 0 . _50 NON - OPERATING EXPENSES 0 0 1,170 0 0 50 CDBG HOUSING REHAB- FEDERA 434,660 381,032 603,405 285,019 279,390 296,970 81 Account Description _ Fund 118 NEIGHBORHOOD SERVICES Dept 19 NEIGHBORHOOD SERVICES Div. 65 CDBG MISC. EXP-FEDERALGRT 34 -35 UNSAFE BLDGSISTRUCTURES City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Da en Manager Actuals Actuals Revised Y -T -D Actuat Requesf Recommends OPERATING EXPENSES 0 0 30,000 0 25,000 25,000 61 -91 INFRASTRUCTURE 40,717 0 0 0 0 0 63 -11 BIKEPATHSISIDEWALKS 49.482 18,892 56.108 0 0 0 CAPITAL OUTLAY 90,206 18,892 56,108 0 0 0 CDBG MISC.EXP.FEDERAL GRT 90,206 18,892 86,108 0 25,000 25,000 82 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2093 Account Description Actuals Actuals Revised Fund 118 NEIGHBORHOOD SERVICES Dent 19 NEIGHBORHOOD SERVICES Div. 66 CDBG GRANTS &AIDS -FED GIRT 2013 Department Manage€ Y -T -D Actual Request Recommends 82 -09 CHILD CARE CENTER 80,000 72,540 55,970 41,977 57.033 57,030 82 -12 FAIR HOUSING CENTER 0 6,000 6,000 3.000 5.000 5,000 83 -01 OTHER GRANTS AND AIDS 21,000 0 125.000 0 0 0 GRANTS AND AIDS 101,000 78,540 186,970 44,977 62,033 62,030 CDBG GRANTS &AIDS -FED GRT 101,000 78,540 186,970 44,977 62,033 62,030 83 City of Delray Beach 2013.2094 Proposed Budget 84 2011 2012 2013 2013 De arlment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Deat.19 NEIGHBORHOOD SERVICES Div. 74 NEIGHBORHOOD IMPROVEMENT 12 -10 REGULAR SALARIESIWAGES 80,666 97,446 98,000 78.974 73,740 77,430 21 -10 EMPLOYER FICA 5,093 6,923 6,840 5.777 5,440 5,720 22 -10 GENERAL EMPL. RETIREMENT 9.260 12.407 10,960 8.123 8,020 8,040 2220 ICMA CONTRIBUTION 33 405 430 348 440 440 23 -10 LIFE INSURANCE 240 234 250 188 170 170 23 -20 DISABILITY INSURANCE 319 396 300 244 210 210 23 -30 HEALTH INSURANCE 13,461 18,365 18,430 13.960 14,300 14.240 24-10 WORKERS COMPENSATION 960 1,260 940 783 800 810 25 -10 UNEMPLOYMENT COMPENSATIO 70 77 220 183 170 170 25 -20 EMPLOYEE ASSISTANCE PROG. 68 75 70 61 60 60 PERSONAL SERVICES 110,170 137,587 136,440 108,641 103,350 107,290 34 -10 JANITORIAL SERVICE 0 3.380 1,680 1.680 0 0 34 -20 PEST CONTROL SERVICES 144 144 60 108 140 140 34 -90 OTHER CONTRACTUAL SERVICE 1,956 2,138 1,344 1.158 1,370 1,370 41 -10 TELEPHONE EXPENSE 1,672 4,302 4,110 3.664 4,300 4,300 41 -15 PORTABLE PHONEIMDD 0 0 110 86 480 480 42 -10 POSTAGE 1,939 1,422 1.500 2 1,500 1,500 42 -20 EXPRESS CHARGE/MESSENGER 37 22 0 20 0 0 43 -10 ELECTRICITY 5.102 5,024 4,350 3.689 5,190 5,190 43 -20 WATER AND SEWER 3,362 3,505 3,320 3.430 5,020 5,020 43 -25 IRRIGATION WATER 1,992 3,733 1.780 2.086 1,780 1,780 4320 WASTE COLLECTION AND DISP 2,693 3,900 4,629 4.628 4,400 4,400 43.50 STORMWATER ASSESSMENTS 435 1,334 901 900 520 520 4420 EQUIPMENT RENTALILEASE 7,274 8,832 9,580 6.249 9,580 9,580 44-45 VEHICLE RENTAL- GARAGE 1,760 1760 370 308 1,590 1,590 46 -10 BUILDING MAINTENANCE 3,360 0 0 756 0 0 46 -30 VEHICLE MAINT,-GARAGE 0 440 360 0 1,240 1.240 47 -10 PRINTING & BINDING SERV 1,652 1.352 0 0 0 0 48 -10 SPECIAL EVENTS 14,076 7,167 17,070 9.009 20,800 20,800 48 -30 REFRESHMENTIFOODIMEETINGS 2,455 262 2,070 921 1,750 1,750 49 -10 ADVERTISING 177 165 0 0 0 0 49 -19 HOUSING REHABILITATION 11,640 33,858 0 0 14,580 14,580 49 -90 OTHER CURRENT CHARGES 0 11 615 616 0 0 5120 OFFICE EQUIP. < $1.000 2,600 0 3,150 0 2,600 2,600 51 -90 OTHER OFFICE SUPPLIES 1,057 806 600 282 600 600 52 -10 FUEIJLUBE VEHICLES 0 0 120 0 420 420 52-20 GEN. OPERATING SUPPLIES 557 279 500 294 500 500 52 -25 JANITORIAL SUPPLIES 1,522 511 369 632 100 100 54-20 MEMBERSHIPS 200 _ 0 0 0 _ ^0 0 OPERATING EXPENSES 67,661 84,347 58,588 40,518 78,460 78,460 83 -01 OTHER GRANTS AND AIDS 8.551 0 0 0 ` 0 0 GRANTS AND AIDS 8,551 0 0 0 0 0 99 -02 CONTINGENCY 0 0 _ 14.847 213 0 2.030 NON - OPERATING EXPENSES 0 0 14,847 213 0 2,030 NEIGHBORHOOD IMPROVEMENT 186,381 221,935 209,875 149,372 181,810 187,780 NEIGHBORHOOD SERVICES 2,169,787 1,984,833 2,803,585 1,632,802 1,451,866 1,400,080 84 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 118 NEIGHBORHOOD SERVICES Deot, 91 TRANSFERS Div. 11 TRANSFERS 81 -04 PBC BOARD OF COUNTY COMM. 300 0 0 0 _ _ 0 0 GRANTS AND AIDS 300 0 0 0 0 0 TRANSFERS 300 0 0 0 0 0 NEIGHBORHOOD SERVICES 2,170,087 1,984,833 2,803,585 1,632,802 1,451,866 1,400,080 85 86 Beautification Trust Fund 2012 2013 2014 % Change Actual Revised Proposed 13. -14 REVENUES Intergovernmental Revenue 0 10,000 0 - 100.00% Miscellaneous Revenue 2,220 500 0 - 100.00% Non-Revenues(Transfers) 886,952 875,190 875,190 0.00% TOTAL 889,172 885,690 875,190 - 1.19 % EXPENSES Beautification Maintenance 796,809 835,690 825,190 -1.26% Improvements 49,890 50,000 50,000 0.00% TOTAL 846,699 885,690 875,190 -1.19% 87 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 Account Description Actuals Actuais Revised Fund 119 BEAUTIFICATION TRUST FUND 334.62 -32 ATLANTIC AVENUE MEDIAN INTERGOVERNMENTAL REV 361.10 -00 INTEREST - INVESTMENTS 366.70 -00 COMM REDEVELOPMENT AGENCY MISCELLANEOUS REVENUE 381.10 -00 RECD FROM GENERAL FD 381.41 -00 WATER AND SEWER FUND NON-REVENUES(TRANSFERS) BEAUTIFICATION TRUST FUND 0 0 0 0 349 0 0 2,220 349 2,220 879,566 881,762 5,190 5190 884,756 886,952 885,105 889,172 88 2013 Department Manager Y -T -D Actual Request Recommends 1020 10,000 0 0 10,000 10,OOD 0 0 500 0 500 0 0 3,597 0 0 500 3,597 500 0 870.000 732,355 870.000 870,000 5.190 4,325 5.190 5,190 875,190 736,680 875,190 875,190 885,690 750,277 875,690 875,190 Account Description Fund 119 BEAUTIFICATION TRUST FUND Dent 41 PARKS & RECREATION Div. 44 BEAUTIFICAT'N MAINTENANCE 12 -10 REGULAR SALARIES/WAGES 12 -30 TERM.PAYI SICK & VACATION 14-10 OVERTIME 15 -50 OTHER PAY 21 -10 EMPLOYER FICA 22 -10 GENERAL EMPL. RETIREMENT 23 -10 LIFE INSURANCE 23 -20 DISABILITY INSURANCE 23 -30 HEALTHINSURANCE 24-10 WORKERS COMPENSATION 25 -10 UNEMPLOYMENT COMPENSATIO 25 -20 EMPLOYEE ASSISTANCE PROG. PERSONAL SERVICES 34 -40 TEMPORARY SERVICES 34 -90 OTHER CONTRACTUAL SERVICE 43 -10 ELECTRICITY 43 -25 IRRIGATION WATER 44 -30 EQUIPMENT RENTAULEASE 44-45 VEHICLE RENTAL- GARAGE 45 -10 GENERAL LIABILITY 46 -20 EQUIPMENT MAINTENANCE 46 -30 VEHICLE MAINT: GARAGE 46-40 BEAUTIFICATION MAINT. 46 -45 IRRIGATION MAINTENANCE 46 -90 OTHER REPAIRIMAINT. COSTS 48 -20 EMPLOYEE AWARDS 48 -30 REFRESHMENTIFOOD /MEETINGS 49 -10 ADVERTISING 49 -22 SHARE OF ADM IN EXP 52 -10 FUELILUBE- VEHICLES 52 -20 GENERAL OPER, SUPPLIES 52 -21 CHEMICALS 52 -22 UNIFORMSILINEN SERVICE 52 -26 GARDENING SUPPLIES 52 -27 EQUIPMENT < $1,000 OPERATING EXPENSES 64-90 OTHER MACH./EQUIPMENT CAPITAL OUTLAY BEAUTIFICAT'N MAINTENANCE City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 Actuals Actuals Revised 2013 De a tment Manager Y- T- DActual Request Recommends 221,290 156,571 163,600 131.370 163,600 171,680 0 2,074 0 0 0 0 48.483 2,387 1,000 695 2,500 2,500 0 0 850 673 940 940 19,712 11,671 11,940 9.559 11,950 12,570 28,210 20,180 18,300 13.199 17,790 17.820 759 432 410 450 540 540 881 637 490 399 490 490 48,796 46,607 50,260 41.881 50,460 50.260 15,340 14,480 10,980 9.150 8,890 9.000 277 269 201 195 600 200 497 167 600 200 600 190 384,017 255,434 258,630 208,040 257,960 266,590 8,372 2,000 4,170 0 4,170 4,170 4,975 6,387 6,700 2.445 6.700 6,700 5,544 5,334 5,770 4.538 5,270 5,270 115,053 103,827 113,100 77.185 96,950 96,950 0 298 1,500 1.147 2,000 2,000 5.400 3,360 3.360 2.800 3,360 3,360 26,320 20,860 17,800 14.833 17,420 17,420 6,339 13,150 14,000 9.497 9,000 9,000 2,900 1,780 1,300 0 1,300 1,300 194,845 186,429 199,130 141.502 200,960 200.960 9,281 5,395 11,000 4.924 10.500 10,500 6,100 3,819 4,000 4.000 4,000 4,000 0 71 50 0 50 50 0 100 100 0 100 100 1,342 1,723 800 800 800 800 89,000 76,000 71.000 59.167 65.000 65,000 3,102 2,181 2,200 1.946 2,510 2.510 2,500 2,032 2,900 1.791 2,500 2,500 34,204 45,895 32,280 5.239 42.860 42,860 5.230 3.052 4270 3.066 3380 3.880 52,448 48361 58,793 60.804 64,000 56,450 8.349 8.820 8.820 3.770 8,820 8.820 581,303 541,375 563,043 399,455 552,150 544,600 3.000 3,000 0 0 14,017 14,017 14.016 14,016 14.000 14,000 14.000 14,000 968,320 796,809 835,690 621,511 824,110 825,190 EP.] Account Description Fund 119 BEAUTIFICATION TRUST FUND Dent 41 PARKS & RECREATION Div. 51 IMPROVEMENTS 64-90 OTHER MACH./EQUIPMENT CAPITAL OUTLAY IMPROVEMENTS PARKS & RECREATION BEAUTIFICATION TRUST FUND City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 Actuals Actuals Revised 2093 Department Manager Y- T- DActual Raquest Recommends 49,396 49.890 50.000 25.372 49,396 49,890 50,000 25,372 50,000 50,000 49,396 49,890 50,000 25,372 50,000 50,000 9,017,716 846,699 885,690 646,883 874,110 875,190 1,017,716 846,699 885,690 646,883 874,110 875,190 .e o,te rp e �u.v�ols 2012 2013 2014 % Change Enterprise Funds Actual Revised Proposed 13 -14 REVENUES Marina Fund 203,402 409,630 466,340 13.84% Sanitation Fund 5,359,161 5,264,990 5,391,920 2.41% Water & Sewer Fund 30,329,167 34,609,467 33,832,700 -2.24% Municipal Golf Course Fund 2,861,937 3,329,032 3,396,050 2.01% Lakeview Golf Course Fund 660,617 841,880 820,810 -2.50% Stormwater Utility Fund 2,163,082 4,426,911 2,261,580 - 48.91% TOTAL. 41,577,366 48,881,910 - 46,169,400 - 5:55 %.` EXPENSES Marina Fund 105,294 409,630 466,340 13.84% Sanitation Fund 4,826,737 5,264,990 5,391,920 2.41% Water & Sewer Fund 26,806,605 34,609,467 33,832,700 -2.24% Municipal Golf Course Fund 2,710,600 3,329,032 3,396,050 2.01% Lakeview Golf Course Fund 588,774 841,880 820,810 -2.50% Stormwater Utility Fund 1,390,604 4,426,911 2,261,580 - 48.91% TOTAL 36,428,614 48,881,910 465169,400 - 5.55% 91 Marina Fund REVENUES Surplus & Encumbrances Franchise/Licenses/Permits Charges for Services 2012 2013 .2014. 0/6 Change Actual Revised Proposed 13 -14 0 1,200 195,628 233,480 S00 174,600 278,340 1,200 184,500 19.21% 50.00% 5.67% Miscellaneous Revenue 6,574 750 2,300 206.67% TOTAL 203,402 409,630 466,340 13.84 % EXPENSES City Marina 105,294 409,630 466,340 13.84% TOTAL 105,294 409,630 466,340 13.84 %0 92 93 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 ➢epariment Manager Account Bescr ption Actuals Actuals Revised Y -T -t7 Actual Request Recommends Fund 426 CITY MARINA FUND 301.42 -00 MARINA 0 0 233,480 0 278,340 278,340 REVENUE 0 0 233,480 0 278,340 278,340 329.43 -00 RENEWALIEXT APPL FEE 1.200 1.200 800 1,320 1.200 1,200 FRANCHISEILICENSEIPERMIT5 1,200 1,200 800 1,320 11200 1,200 347,51 -00 WASTEWATER PUMP STATION 1818 3.359 3,500 2,405 3.500 3,500 347.89 -00 MARINA DOCKAGE FEES 204,227 191,419 170,500 173,769 180,500 180,500 347.82 -00 LATE FEE 1100 850 600 300 500 500 CHARGES FOR SERVICES 209,145 195,628 174,600 176,474 184,500 184,500 361.10 -00 INTEREST - INVESTMENTS 707 0 450 0 2,000 2.000 361.10 -09 PFM INTEREST 0 5,337 0 6,389 0 0 361.70 -00 GAIN ON SALE OF INVESTMNT 0 -2,244 0 -4,248 0 0 362.25 -00 COMM -KING COIN LAUNDRY(MO 110 140 150 200 150 150 369.99 -00 MISCELLANEOUS REVENUE 318 3,342 150 247 150 950 MISCELLANEOUS REVENUE 1,136 6,574 750 2,587 2,300 2,300 CITY MARINA FUND 211,480 203,402 409,630 180,381 466,340 466,340 93 City of Delray Beach 2013 -2014 Proposed Budget 94 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 426 CITY MARINA FUND Dent 43 CITY MARINA Div, 11 CITY MARINA 31 -90 OTHER PROFESSION, SERVICE 0 0 299 299 0 0 32 -10 AUDIT /ACCOUNTING FEES 310 310 310 310 310 310 34 -20 PEST CONTROL SERVICES 36 86 650 477 650 650 34 -90 OTHER CONTRACTUAL SERVICE 0 700 5.369 5.369 4,830 4,830 43 -10 ELECTRICITY 21.875 21.625 22.390 16.089 21,630 21,630 43 -20 WATER AND SEWER 14.837 11,336 15,630 7.794 10,230 10,230 43 -00 WASTE COLLECT, & DISPOSAL 1.046 1,115 1.120 1.108 1,110 1,110 43-50 STORMWATER ASSESSMENT FEE 190 190 190 190 190 190 45 -10 GENERAL LIABILITY 7.400 5.780 6.130 5.108 8340 8.540 46 -10 BUILDING MAINTENANCE 292 0 1,008 366 800 800 46 -20 EQUIPMENT MAINTENANCE 908 0 500 105 1,000 1.000 46 -90 OTHER REPAIRIMAINTENANCE 11,055 1,885 14,294 12.280 17,840 17.840 49 -22 SHARE OF ADMIN. EXPENSE 6.000 11,000 11.000 9.167 11,000 11.000 52 -20 GEN. OPERATING SUPPLIES 38 387 500 0 500 500 52 -24 BUILDING MATERIALS _ _ 0 0 100 0 100 100 OPERATING EXPENSES 63,987 54,414 79,490 58,661 78,830 78,830 91 -01 XFR- GENERAL FD 50,620 50,880 51.800 43.167 49,200 49.200 99.01 PROJECT RESERVE 0 0 _ 278.340 0 54.430 338.310 NON - OPERATING EXPENSES 50,620 50,880 330,140 43,167 103,630 387,510 CITY MARINA 114,607 105,294 409,630 101,828 182,460 466,340 CITY MARINA FUND 114,607 105,294 409,630 101,828 182,460 466,340 94 Sanitation Fund 2012 2013 2014 % Change. Actual Revised Proposed 13 -14 REVENUES Surplus & Encumbrances 0 5,400 0 - 100.00% Intergovernmental Revenue 176,425 180,000 93,000 - 48.33% Charges for Services 5,046,386 5,079,090 5,159,050 1.57% Miscellaneous Revenue 136,350 500 139,870 27874.00% TOTAL 5,359,161 5,264,990 5,391,920 2.41% EXPENSES Sanitation 4,638,227 5,076,480 5,169,230 1.83% Transfers 188,510 188,510 222,690 18.13% TOTAL 4,826,737 5,264,990 5,391,920 2.41%0 95 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 Account Description Actuals Actuals Revised Fund 433 SANITATION FUND 303.43 -00 SANITATION FUND REVENUE 329.43 -00 RENEWALIEXT APPL FEE FRANCHISEILICENSEIPERMITS 338.01 -00 SOLID WASTE- RECYLING INTERGOVERNMENTAL REV 343.41 -00 RESIDENTIAL SERVICE FEES 343.43 -00 FRANCHISE FEES 343.48 -00 SPECIAL COLLECTION FEE 343.55 -01 ROLL OFF FEE 34155 -02 ANNUAL PERMIT FEE CHARGES FOR SERVICES 361.10 -00 INTEREST-] NVESTMENTS 361.10 -09 PFM INTEREST 361.70 -00 GAIN ON SALE OF INVESTMNT 362.40 -00 RENT- TRANSFER STATION MISCELLANEOUS REVENUE SANITATION FUND 2013 Department Manager Y T -D Actual Request Recommends 0 0 5.400 0 0 0 0 0 53400 0 0 0 2,000 0 0 0 0 0 2,000 0 0 0 0 0 195,584 176,425 180,000 69,567 93.000 93,000 195,584 176,425 180,000 69,567 93,000 93,000 4,095,375 4,387,968 4,411,090 3,747,238 4.482,450 4,482.450 394,794 407,039 408,000 346,005 408,000 408,000 141.554 142,635 137,000 116,105 132,000 132,000 86,427 96,744 108.000 119,251 121,600 121.600 21,000 12.000 15,000 6,000 15,000 15.000 4,739,150 5,046,386 5,079,090 4,334,598 5,159,050 5,159,050 1.573 0 500 0 0 0 0 11.860 0 14,197 10,000 5.000 0 -4.986 0 -9,441 0 0 124.426 129.476 0 132,226 134,870 134,870 125,999 136,350 500 136,982 144,870 139,870 5,062,734 5,359,161 5,264,990 4,541,148 5,396,920 5,391,920 km Acccunt Description Fund 433 SANITATION FUND Deat.37 SANITATION Div. 11 SANITATION 12 -10 REGULAR SALARIES/WAGES 14 -10 OVERTIME 21 -10 EMPLOYER FICA 22 -10 GENERAL EMPL RETIREMENT 22 -30 ICMA CONTRIBUTION 23 -10 LIFE INSURANCE 23 -20 DISABILITY INSURANCE 23 -00 HEALTH INSURANCE 24-10 WORKERS COMPENSATION 25 -10 UNEMPLOYMENT COMPENSATIO 25 -20 EMPLOYEE ASSISTANCE FROG. PERSONAL. SERVICES 32 -10 AUDITIACCOUNTING FEES 34 -50 RESIDENTIAL- GARBAGE 34-51 RESIDENTIAL - VEGETATION 34-56 RESIDENTIAL- RECYCLING 41 -10 TELEPHONE EXPENSE 41 -15 PORTABLE PHONEIMDD 42 -10 POSTAGE 43 -30 WASTE DISPOSALITIPPING FE 43 -31 BUS SHELTER COLLECTION 44-45 VEHICLE RENTAL- GARAGE 45 -10 GENERAL LIABILITY 46 -20 EQUIPMENT MAINTENANCE 46 -00 VEHICLE MAINT,-GARAGE 47 -10 PRINTINGIBINDING SERVICES 48 -10 SPECIAL EVENTS 48 -30 REFRESHMENTIFOODIMEETINGS 48 -90 OTHER ACTIVITIES COST 49 -10 ADVERTISING 49 -20 BAD DEBT EXPENSE 49 -22 SHARE OF ADMIN. EXPENSE 49 -35 CART RENEWAL & REPLACEMNT 49 -90 OTHER CURRENT CHARGES 51 -20 OFFICE EQUIP. <$1,000 52 -10 FUELILUBE- VEHICLES 52 -20 GENERAL OPER. SUPPLIES 52 -22 UNIFORMS/LINEN SERVICE 52 -27 EQUIPMENT < $1,000 54 -30 TRAIN INGIEDUCATION COSTS OPERATING EXPENSES City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Depgtent Manager Actuals Actuals Revised Y -T -D Actual Request Recommends 180,479 194,338 196,140 161.826 231,520 239270 4,449 951 3,900 925 3,900 3.900 12,233 13,389 13,670 11.090 16,370 16,960 19,230 23.823 21,930 16.259 24,920 24,970 118 644 650 532 660 660 488 492 540 398 530 530 688 795 590 489 690 690 31950 42,927 39,780 33,155 44,150 43,970 18,570 21,150 15,710 13.092 13,390 13,560 157 166 470 396 520 520 153 161 170 132 170 160 270,515 298,836 293,550 238,292 336,820 345,190 3,030 3,030 3.030 3.030 3,030 3,030 1,952,294 2,068183 2,079,470 1.568.194 2,106,090 2,106,090 547,666 595,146 618,640 467.131 625,130 625.130 953,520 1,039,450 120,300 821.799 1.108,390 1.108390 219 261 260 215 300 300 0 0 1,140 1,111 1,140 1,140 0 0 300 0 0 0 56,945 55,074 59,200 38,096 54.350 54,350 36,948 39,495 47,210 -3.334 2,200 2,200 8,970 9,530 9,010 7.508 6,780 6.780 5.640 5,360 6,520 5,433 6,200 6.200 244 240 240 249 240 240 9,613 7.683 6,780 5,741 7,460 7,460 0 0 500 495 500 500 1,674 888 1.500 662 1,500 1,500 8 0 100 0 100 100 447 0 600 461 600 600 1,103 1,103 1200 0 1,200 1,200 -175 15,180 14,000 8.970 14,000 14,000 343,000 334,000 365,000 304.167 354.000 354,000 49,896 49,929 50,000 56.930 60,000 60,000 35,022 94,359 105,400 48.393 100,000 100,000 0 911 0 0 950 950 11504 16,227 9,250 8.839 9,290 9.290 1,580 1.354 9,920 2,119 12,120 12,120 680 878 980 920 980 980 1,000 1,111 1.200 0 1,200 1,200 0 0 240 0 240 240 4,020,827 4,339,391 4,471,990 3,347,128 4,477,990 4,477,990 99 -01 PROJECT RESERVE 0 0 ._ 310.940 0 359.420 346.050 NON-OPERATING EXPENSES 0 0 310,940 0 359,420 346,050 SANITATION 4,291,341 4,638,227 5,076,480 3,585,420 5,174,230 5,169,230 Account Description Fund 433 SANITATION FUND Dept 91 TRANSFERS Div. 11 TRANSFERS 91-09 XFR- GENERAL FD 91-41 XFR -W &S FD NON-OPERATING EXPENSES TRANSFERS SANITATION FUND City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Actuals Actuals Revised Y -T -D Actual Department Manager Request Recommends 85,270 85,510 85,610 71.258 110,690 110.690 97.000 103.000 103.000 85.833 112.000. _ 112.000 182,270 188,510 188,510 157,092 222,690 222,690 182,270 188,510 188,510 157,092 222,690 222,690 4,473,611 4,826,737 5,264,990 3,742,512 5,396,920 5,391,920 m Water and Sewer Fund 2012 2013 2014 % Change: Actual Revised Proposed 13 -14 REVENUES 1,509,440 1,408,290 1,417,540 0.66% Surplus & Encumbrances 0 2,993,427 848,660 - 71.65% Intergovernmental Revenue 0 220,000 150,000 - 31.82% Charges for Services 30,855,030 31,288,040 31,724,040 1.39% Miscellaneous Revenue 196,185 5,000 35,000 600.00% Non Revenues (Transfers) - 722,048 103,000 1,075,000 943.69% TOTAL 30,329,167 34,609,467. 33,832,700 - 2.24% EXPENSES Administration 1,509,440 1,408,290 1,417,540 0.66% Utilities Customer Service 1,217,126 1,312,397 1,423,940 8.50% Water Treatment & Storage 4,008,462 4,282,904 4,346,950 1.50% Water Distribution 1,503,920 1,632,534 1,758,580 7.72% Environmental Compliance 495,627 501,431 513,530 2.41% Wastewater Collection 1,108,016 1,117,916 1,169,590 4.62% Sewage Treatment 3,268,515 3,405,920 3,540,690 3.96% Water Maintenance 827,469 860,678 879,760 2.22% Liftstation Maintenance 1,712,832 1,728,622 1,809,550 4.68% Construction Services 708,326 703,640 721,820 2.58% Capital Outlay 187,902 2,118,492 1,850,590 - 12.65% W &S Trans /Storage Project 10,146 831,343 0 - 100.00% Miscellaneous 2,036,337 1,868,750 1,944,750 4.07% Debt Service 1,149,228 5,833,140 5,879,440 0.79% Transfers 7,063,260 7,003,410 6,575,970 -6.10% TOTAL 26,806,606 34,609,467 33,832,700 - 2.241M. 99 City of Delray Beach 2013.2014 Proposed Budget 100 2011 2012 2013 2013 Departmeni Manager AccountDesoription Actuals Actuals Revised Y- T- DActuai Request Recommends Fund 441 WATER AND SEWER FUND 301,02 -00 R& R RESERVE- SCRWT3D 0 0 432,119 0 0 0 301.41 -00 PRIOR YEARS SURPLUS W &S 0 0 254,600 0 0 0 301.49 -00 PRIOR YEARS SURPLUS 0 0 1,071,984 0 0 848,660 301.81 -00 PY- TRANSSTORAGE FEES 0 0 1,162,415 0 0 0 303.41 -00 PRIOR YEARS ENCUMBRANCES 0 0 72,309 0 0 0 REVENUE 0 0 2,993,427 0 0 848,660 331.68 -02 OSS WINDOW REPLACEMENT 1.575 0 0 0 0 0 334.65 -00 SOUTH FL WATER MGMT DIST. 130,600 0 220,000 0 150,000 150.000 INTERGOVERNMENTAL REV 132,175 0 220,000 0 150,000 150,000 343.31 -00 SALE OF WATER 14,163.728 13,039,621 13,200,000 10,928,987 13,200,000 13.200.000 343.33 -00 METER INSTALLATIONS 53,838 133,618 70,000 121,050 120.000 120,000 343.34 -00 WATER CONNECTION CHARGES 0 0 100,000 469,112 350,000 350,000 343.35 -00 WATER SERVICE CHARGES 266.363 256,432 250,000 221,320 250,000 250,000 343.51 -00 SEWER SERVICE CHARGES 17,183,498 17,161,950 17,300,000 14,327,603 17,300.000 17,300,000 343.52 -00 SEWER CONNECTION CHARGES 0 0 100,000 622,216 200,000 200,000 343.55 -00 OTHER INCOME 4,339 3,707 4,000 5,333 4.000 4,000 343.58 -00 IPT SURCHARGE 50 50 40 4,378 40 40 343.64 -00 PROJECT INSPECTION FEES 50 100 0 100 0 0 343.70 -00 RECLAIMED WATER 290.796 259,553 264,000 226,972 300,000 300.000 CHARGES FOR SERVICES 31,962,662 30,855,030 31,288,040 26,927,072 31,724,040 31,724,040 361.10 -00 INTEREST - INVESTMENTS 14.393 5,477 5,000 2,959 20,000 20,000 361.10 -09 PFM INTEREST 0 74.710 0 73,504 0 0 361.41 -00 DEFERRED PAYMENT PLAN 2,670 2,450 0 0 0 0 361.70 -00 GAIN ON SALE OF INVESTMNT 0 - 28,363 0 - 53,701 0 0 365.20 -00 SCRAP SALES (NON TAXABLE) 26.839 38,902 0 16,598 15,000 15,000 369.31 -00 RECOVERY OF PRIOR YRS EXP 351,887 101,552 0 359,585 0 0 369.70 -00 BAD DEBT RECOVERY 433 397 0 333 0 0 369.99 -00 MISCELLANEOUS REVENUE 495 1,060 0 89 0 0 MISCELLANEOUS REVENUE 396,717 196,185 5,000 399,368 35,000 35,000 382,43 -00 CONTRB- SANITATION FD 97,000 103,000 103,000 85,833 112.000 112,000 383.11 -00 EQUITY INTEREST -REG PLANT - 1.997,357 - 1,738,356 0 0 0 963.000 389.40 -00 CAPITAL CONTRIBUTIONS 713,526 913,308 0 0 0 0 NON- REVENUES(TRANSFERS) - 1,186,831 - 722,048 103,000 85,833 112,000 1,075,000 WATER AND SEWER FUND 31,304,723 30,329,167 34,609,467 27,412,273 32,021,040 33,832,700 100 101 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dent 51 WATER AND SEWER Div. 11 ADMINISTRATION 12 -10 REGULAR SALARIESIWAGES 958,766 992,309 870.323 689.861 908,790 946,150 12 -30 TERM PAYISICK & VAC 0 0 82.030 82.030 0 0 14 -10 OVERTIME 274 0 0 0 0 0 15 -20 CARALLOWANCE 12,091 12,091 10,560 7.608 10,560 10,560 15 -50 OTHER PAY 0 1697 0 0 0 0 21 -10 EMPLOYER FICA 72,454 74,512 73,390 58.358 70,230 73,090 22 -10 GEN'L EMP RETIREMENT 97.805 109,678 83,110 56.689 80.780 80,940 22 -30 ICMA CONTRIBUTIONS 14.912 16,219 14,910 10.917 14,720 14,720 23 -10 LIFE INSURANCE 2,445 2,114 2,020 1.414 1.880 1,880 23 -20 DISABILITY INSURANCE 15,623 4,009 2,700 2.083 2,700 2,700 23-30 HEALTH INSURANCE 77,395 114,669 92,140 72.593 92,530 92.160 24 -10 WORKERS COMPENSATION 9,710 7,900 6.430 5.358 6,080 6,160 25 -10 UNEMPLOYMENT COMPENSATIO 516 548 1,400 1.116 1,400 1,400 25 -20 EMPLOYEE ASSISTANCE PROG. 500 531 470 373 460 440 PERSONAL SERVICES 1,262,491 1,338,279 1,239,483 988,400 1,190,130 1,230,200 31 -10 LEGAL 0 0 3,720 0 5,000 5,000 31-30 ENGINEERINGIARCHITECT 0 155 0 0 2,500 2,500 31 -90 OTHER PROFESSIONAL SERVIC 6,474 9.053 6,977 3.950 0 0 32 -10 AUDIT/ACCOUNTING FEES 32,105 30,530 30.530 30,530 30,530 30,530 34-10 JANITORIAL SERVICES 16,814 15,787 18,450 8,718 18,450 18,450 34-20 PEST CONTROL SERVICES 156 251 210 167 210 210 34-90 OTHER CONTRACTUAL SERVS 840 840 1,200 840 10,650 10,650 40 -10 TRAVEL & TRAINING 987 2,177 700 473 1,700 1,700 41 -10 TELEPHONE EXPENSE 4,055 3,737 3,560 3.001 3,540 3,540 41 -15 PORTABLE PHONEIMDD 1,719 1,685 1,460 1.142 1,640 1,640 42 -10 POSTAGE 516 566 470 532 500 500 42 -20 EXPRESS CHARGEIMESS SVC 0 12 0 0 0 0 43 -10 ELECTRICITY 10,502 9,255 9,630 6.437 9,630 9,630 43 -20 WATER & SEWER 3.306 3,805 4,130 2.616 3,120 3,120 43 -25 IRRIGATION WATER 6,771 5,728 6,980 4,638 5,210 5,210 43 -30 WASTE COLLECTIONIDISPOSAL 8,362 8.919 8,920 8.863 8,860 8,860 43-50 STORMWATER ASSESSMENT FEE 2,718 2,718 2,720 2.718 2,720 2,720 44-30 EQUIPMENT RENTALILEASE 3,191 2.995 2,670 1151 2,210 2.210 44-45 VEHICLE RENTAL - GARAGE 5,980 9,250 6,330 5.275 6.330 6,330 45 -10 GENERAL LIABILITY 37,540 29,850 33,290 27.742 30,020 30,020 46 -10 BUILDING MAINTENANCE 736 3,866 1,500 804 1,500 1,500 46 -20 EQUIPMENT MAINTENANCE 1,799 2,663 2.680 2.690 2,680 2.680 46 -30 VEHICLE MAINT - GARAGE 4,458 7,276 3,800 3.821 3,800 3,800 46 -90 OTHER REPAIRIMAINT COST 9,771 6.019 3,780 3.446 15,700 15,700 47 -90 OTHER PRINTING COSTS 487 0 0 0 0 0 48 -20 EMPLOYEE RECOG AWARDS 60 0 100 100 0 0 48 -30 REFRESHMENTIFOODIMEETINGS 1.061 1,378 1,620 1.639 1,000 11000 46 -90 OTHER PROMOTIONAL COSTS 806 1.258 550 0 2,750 2,750 49 -10 ADVERTISING 0 372 0 0 1,500 1,500 49 -90 OTHER CURRENT CHARGES 659 433 270 269 0 0 51 -10 STATIONERY/PAPERIFORMS 518 589 300 311 300 300 51 -20 OFFICE EQUIP 41,000 133 769 950 950 0 0 51 -25 COMPUTER SOFTWARE <$1,000 0 0 450 450 0 0 51 -90 OTHER OFFICE SUPPLIES 1.010 1,478 1,000 381 1.000 1,000 52 -10 FUEULUBE VEHICLES 2,151 1,415 2,250 1.565 2.440 2,440 52 -20 GEN'L OPER SUPPLIES 222 788 500 286 500 500 52 -22 UNIFORMS/LINEN SERVICE 824 769 720 323 1,560 1,560 52 -27 EQUIPMENT < $1,000 0 0 210 0 210 210 54-10 BOOKS & PUBLICATIONS 17 127 0 0 0 0 54-15 SUBSCRIPTIONS 498 0 700 0 700 700 54 -20 MEMBERSHIPS 3,700 3,716 3,990 3.602 5.800 5.800 54-30 TRAININGIEDUCATION COSTS 1,916 934 _ _ 1.470 36 3,080 3.080 OPERATING EXPENSES 172,859 171,161 168,787 129,466 187,340 187,340 64-11 COMPUTER EQUIPMENT 0 0 20 0 0 0 CAPITAL OUTLAY 0 0 20 0 0 0 ADMINISTRATION 1,435,350 1,509,440 1,408,290 1,117,866 1,377,470 1,417,540 101 City of Delray Beach 2013.2014 Proposed Budget 102 2011 2012 2043 2013 Departrnent Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Reoommends Fund 441 WATER AND SEWER FUND Dent 51 WATER AND SEWER Div. 12 UTILITIES CUSTOMER SERV, 12 -10 REGULAR SALARIESIWAGES 595,316 587,061 579,265 455.190 648790 674,530 12.30 TERM PAYISICK & VAC 218 1,016 0 14.540 0 0 14-10 OVERTIME 18,293 20,845 19,340 16,012 19340 19,340 15 -50 OTHER PAY 7,849 2,120 1,880 805 940 940 21 -10 EMPLOYER FICA 44,336 43,208 43.560 34.677 48.100 50,070 22 -10 GEN'L EMP RETIREMENT 66,620 67,838 62,390 42.026 64,540 64,670 22 -30 ICMA CONTRIBUTIONS 1.936 1,928 1,930 1.595 2.440 2,440 23 -10 LIFE INSURANCE 1.692 1,487 1,720 1.151 1,580 1,5B0 23 -20 DISABILITY INSURANCE 14,229 2,367 1.810 1.380 1.900 1,900 23 -30 HEALTH INSURANCE 104.322 137,764 134,020 102.607 142.970 142,400 24 -10 WORKERS COMPENSATION 24,390 30,140 28,240 23.533 42.060 42,600 25 -10 UNEMPLOYMENT COMPENSATIO 552 540 1,600 1.233 1,700 1,760 25 -20 EMPLOYEE ASSISTANCE PROG. 535 ____ 524 540 411 560 530 PERSONAL SERVICES 880,287 896,839 876,295 695,161 974,920 1,002,700 31 -30 ENGINEERING/ARCHITECT 0 1,500 0 0 0 0 31 -90 OTHER PROFESSIONAL SERVIC 9,276 30 7,500 3 7.500 7,500 3440 TEMPORARY SERVICES 4,921 2,939 29310 23.382 28,130 28,130 34-90 OTHER CONTRACTUAL SERVS 31,139 33.978 92,195 55,443 76.580 76,560 40 -10 TRAVEL & TRAINING 0 96 290 0 1,850 1,850 41 -10 TELEPHONE EXPENSE 2,094 1,898 1,930 1.601 1.960 1,960 41 -15 PORTABLE PHONEIMDD 669 3,184 3,220 3.024 1250 3,250 42 -10 POSTAGE 102,319 111,421 109,260 81.959 110.760 110,760 42 -20 EXPRESS CHARGE/MESS SVC 16 69 50 0 150 150 44 -30 EQUIPMENTRENTALILEASE 2,164 1,965 2,160 1.659 2,230 2,230 4445 VEHICLE RENTAL- GARAGE 13,090 13,090 13,090 10.908 13,090 13.090 45 -10 GENERAL LIABILITY 29,800 24,500 27,610 23.008 26,800 26.800 46 -20 EQUIPMENT MAINTENANCE 3,812 4.909 4,890 4.385 4,890 4,890 46 -30 VEHICLE MAINT -GARAGE 19,107 15,473 16,000 18.318 20,500 20,500 46 -90 OTHER REPAIRIMAINT COST 12,321 38,505 46,711 43.207 49,470 49,470 47 -10 PRINT]NGIBINDING SERV 21,754 21,468 24220 14.750 24,160 24,160 48-30 REFRESHMENTIFOODIMEETINGS 22 20 150 0 50 50 49 -21 REFUND OF PRIOR YEAR REV 0 469 0 0 0 0 49 -90 OTHER CURRENT CHARGES 5,729 1958 4.000 2.127 4,000 4,000 51 -10 STATIONERYIPAPERIFORMS 1,864 1,457 1,650 1.518 1,650 1,650 51 -20 OFFICE EQUIP <$1,000 9,737 5,384 8,006 2.589 2.500 2,500 51 -90 OTHER OFFICE SUPPLIES 3,652 4317 4,800 4.266 4,800 4,800 52 -10 FUELILUBE VEHICLES 23,440 23.080 22,500 17.385 24,040 24,040 52 -20 GEN'L OPER SUPPLIES 2.244 2,449 2,700 2.895 2,700 2,700 52 -22 UN[FORMSILINEN SERVICE 2,947 3,218 3,180 2.506 3,180 3,180 52 -27 EQUIPMENT < $1,000 378 348 400 44 400 400 54 -30 TRAIN]NGIEDUCATION COSTS 1.223 560 2.780 0 5.450 5.450 OPERATING EXPENSES 303,716 320,287 428,602 314,778 420,090 420,090 64-10 OFFICE FURN /FIXTURES 0 0 0 0 1,150 1,150 64-11 COMPUTER EQUIPMENT 0 0 2,500 2.262 0 0 66 -10 SOFTWARE 0 0_ 5:000 0 0 0 CAPITAL OUTLAY 0 0 7,500 2,262 1,150 1,150 UTILITIES CUSTOMER SERV. 1184,003 1,217,126 1,312,397 1,012,201 1,396,160 1,423,940 102 103 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2413 Department Manager Account Desodption Actuals Acttals Revised Y- T- ➢Actual Request Recommends Fund 441 WATER AND SEWER FUND Dent 51 WATER AND SEWER Div, 22 WATER TREATMENT & STORAGE 12 -10 REGULAR SAL ARIESIWAGES 605,856 60&034 603,484 493.560 618.030 648.590 12 -30 TERM PAY /SICK & VAC 0 458 0 0 0 0 14 -10 OVERTIME 34,779 32,713 48,000 27.982 48,000 48,000 15 -20 CAR ALLOWANCE 2,640 2,640 2,640 2.200 2.640 2,640 21 -10 EMPLOYER FICA 45,872 45,624 47360 37.530 48,140 50,480 22 -10 GENT EMP RETIREMENT 63,830 68,238 60.620 43.130 56,930 57,040 23 -10 LIFE INSURANCE 1,458 1,327 1,500 1,103 1,330 1,330 23-20 DISABILITY INSURANCE 14.254 2,410 1,810 1.491 1,850 9,850 23 -30 HEALTH INSURANCE 85.196 124.904 108,890 91.437 109,320 108.680 24 -10 WORKERS COMPENSATION 40140 32,670 26,590 22.158 .25,120 25,440 25 -10 UNEMPLOYMENT COMPENSATIO 444 445 1,300 1.081 1,300 1,300 25-20 EMPLOYEE ASSISTANCE PROG. 430 432 434 361 430 410 PERSONAL SERVICES 894,899 919,895 902,624 722,052 913,090 945,960 31 -30 ENGINEERINGIARCHITECT 966 0 7,500 0 7,500 7.500 31 -90 OTHER PROFESSIONAL SERVIC 27,389 28,562 40,000 28,193 40,000 40,000 34-10 JANITORIAL SERVICES 2.405 2,400 2,500 1.629 2,500 2,500 34 -20 PEST CONTROL SERVICES 276 276 410 207 410 410 34-40 TEMPORARY SERVICES 10,403 2,540 7,500 5.601 8,400 8,400 34-90 OTHER CONTRACTUAL SERVS 500.496 475,624 478,840 268.331 583,060 583,060 40 -10 TRAVEL &TRAINING -100 815 460 94 460 460 41 -10 TELEPHONE EXPENSE 1,410 1,267 1,250 1.025 1,290 1,290 41 -15 PORTABLEPHONEIMDD 1,131 1,131 1,110 995 1,140 1,140 42 -10 POSTAGE 90 134 100 69 100 100 42 -20 EXPRESS CHARGE/MESS SVC 0 5 0 29 0 0 43 -10 ELECTRICITY 851,134 796,887 843,520 586.995 723,110 723,110 43 -20 WATER & SEWER 4,716 4,319 4,970 3.208 1880 3,880 43 -25 IRRIGATION WATER 27,845 9,425 12,940 5.203 6.230 6,230 43-30 WASTE COLLECTION/DISPOSAL 3,135 3,346 3.340 3.325 3320 3.320 43-50 STORMWATER ASSESSMENT FEE 4,336 4,336 4,350 4.336 4,350 4350 44 -10 LAND RENTALILEASE 0 15,000 15.000 10.000 15,000 15.000 44 -30 EQUIPMENT RENTALILEASE 0 0 20,320 12.351 10.990 10,990 44-45 VEHICLE RENTAL - GARAGE 9,690 9,890 9.890 8.242 23,080 23,080 45 -10 GENERAL LIABILITY 104,420 90,420 92,390 76.992 90,280 90,280 46 -10 BUILDING MAINTENANCE 12,549 3,798 5,000 4.592 5,000 5,000 46 -20 EQUIPMENT MAINTENANCE 12,610 15,612 18,550 4.550 18.660 18,660 46 -30 VEHICLE MAINT - GARAGE 7,707 12,581 12,000 5.612 12,600 12,800 46 -90 OTHER REPAIRIMAINT COST 16,723 30,463 20,000 14.768 20,000 20,000 47 -90 OTHER PRINTING COSTS 1.775 1.775 1,500 0 2,000 2,000 48 -10 SPECIAL EVENTS 81 52 100 66 100 100 4B-20 EMPLOYEE RECOG AWARDS 50 78 100 100 100 100 48 -30 REFRESHMENTIFOODIMEETINGS 71 86 250 15 250 250 49 -16 COMML DRIVERS LIC RENEWAL 152 0 150 88 150 150 49 -90 OTHER CURRENT CHARGES 10,980 15,145 48380 12.067 9,980 9,980 51 -10 STATION ERYIPAPERIFORMS 65 265 250 182 250 250 51 -20 OFFICE EQUIP <$1,000 623 22 400 76 400 400 51 -90 OTHER OFFICE SUPPLIES 2,374 1,967 2,000 2.050 2.000 2.000 52 -10 FUELlLUBE VEHICLES 3.271 3,270 4,000 3.084 5,630 5,630 52 -11 FUI UOIL OTHER 9,507 19,391 12,000 12 1200 12,000 52 -20 GEN'L OPER SUPPLIES 16,889 19,351 18,000 19.198 18.000 18.000 52 -21 CHEMICALS 1,600,491 1,504,136 1,664.000 1.219.176 1,740,100 1740,100 52 -22 UNIFORMS/LINEN SERVICE 7,246 6,982 7,000 4.631 7,000 7,000 52 -27 EQUIPMENT < $1.000 5,311 5.250 5,000 4.708 5,000 5,000 54 -10 BOOKS & PUBLICATIONS 176 220 200 0 200 200 54-20 MEMBERSHIPS 373 588 960 300 760 760 54-30 TRAIN INGIEDUCATION COSTS _ 2.319 _1,157 1.750 1.185 2,510 2.510 OPERATING EXPENSES 3,261,288 3,088,567 3,368,280 2,313,285 8,387,990 3,387,990 - 64 -90 OTHER MACHIEQUIPMENT 0 _0 12.000 10.307 13,000 13.000 CAPITAL OUTLAY 0 0 12,000 10,307 13,000 13,000 WATER TREATMENT & STORAGE 4,156,187 4,008,462 4,282,904 3,045,644 4,314,080 4,346,950 103 City of Delray Beach 2013.2014 Proposed Budget 104 2011 2012 2013 2013 Ae artment Manager AccountDescrtption Actuals Actuals Revised Y -T -D Actual equest Raccmmends Fund 441 WATER AND SEWER FUND Deut 51 WATER AND SEWER Div. 23 WATER DISTRIBUTION 12 -10 REGULAR SALARIESMIAGES 716.994 710,111 727596 541.799 780.040 754,970 12-30 TERM PAYISICK & VAC 2.908 0 0 0 0 0 14-10 OVERTIME 7,059 7,606 10,000 8.499 10,000 10,000 15 -20 CAR ALLOWANCE 2.640 2,640 2,640 2.200 2,640 2,640 15 -50 OTHER PAY 0 0 500 0 500 500 21 -10 EMPLOYER FICA 52,955 52,137 58,808 40,328 58,330 56,420 22 -10 GEN'L EMP RETIREMENT 88,380 84,818 79,200 45.617 72,920 66,490 22 -30 ICMA CONTRIBUTIONS 2,283 2.274 2,280 1.881 2,350 2,350 23 -10 LIFE INSURANCE 1,989 1,778 2,210 1.416 1.950 1,770 23 -20 DISABILITY INSURANCE 14,703 2.856 2,340 1.636 2,330 2,160 23-30 HEALTH INSURANCE 120,026 159,329 167,520 120.058 168.200 150,770 24 -10 WORKERS COMPENSATION 43,770 35.630 29,000 24.167 27.400 27,750 25 -10 UNEMPLOYMENT COMPENSATIO 628 625 2,000 1.430 2,000 1,800 25 -20 EMPLOYEE ASSISTANCE FROG. 608 606 670 478 660 560 PERSONAL SERVICES 1,054,943 1,060,410 1,084,764 789,508 1,129,320 1,078,180 31 -90 OTHER PROFESSIONAL SERVIC 207 0 0 87 0 0 34-40 TEMPORARY SERVICES 0 0 10,000 1.884 0 0 34-90 OTHER CONTRACTUAL SERVS 36,666 42,368 98.180 83.911 131130 220,660 40 -10 TRAVEL & TRAINING 1,037 65 1.270 237 2.420 2,420 41 -10 TELEPHONE EXPENSE 1,710 1,623 1.640 1.341 1,660 1,660 41 -15 PORTABLE PHONEIMDD 7,015 6,266 6.960 5.799 7,210 7,210 42 -10 POSTAGE 834 854 700 687 500 500 42 -20 EXPRESS CHARGE/MESS SVC 135 547 200 26 200 200 43 -10 ELECTRICITY 1,877 1,823 1,890 1.270 1,900 1,900 44 -10 LAND RENTALILEASE 8,024 8,951 9.720 9.399 9,990 9,990 44 -30 EQUIPMENT RENTALILEASE 2,307 2,871 2,470 1.620 2,100 2100 4440 VEHICLES RENTALILEASE 0 76 0 0 0 0 4445 VEHICLE RENTAL - GARAGE 34,520 37,950 39,030 32.525 43,020 43,020 45 -10 GENERAL LIABILITY 39,490 33,490 34.420 28.683 33,520 33,520 46 -10 BUILDING MAINTENANCE 912 4,745 2.500 2.334 4,000 4,000 46 -20 EQUIPMENT MAINTENANCE 11,530 13,065 23,400 12.360 25,290 25,290 46 -30 VEHICLE MAINT - GARAGE 61,062 49327 46.650 38.152 51,800 51,800 46 -90 OTHER REPAIRIMAWT COST 6,640 7,860 12,280 9.716 15,610 15,610 47 -10 PRINT] NGIBINDING SERV 0 1,145 1.800 45 0 0 47 -20 REPRODUCTION SERVICE 472 875 300 0 300 300 48 -20 EMPLOYEE RECOG AWARDS 82 65 100 0 100 100 48 -30 REFRESHMENTIFOODIMEETINGS 108 0 200 108 200 200 49 -10 ADVERTISING 0 1,743 1,400 2.794 6,000 6,000 49 -16 COMML DRIVERS LIC RENEWAL 184 163 240 308 150 150 49 -90 OTHER CURRENT CHARGES 0 0 350 535 0 0 51 -10 STATIONERYIPAPERIFORMS 520 647 750 361 750 750 51 -20 OFFICE EQUIP <$1,000 628 537 0 26 750 750 51 -90 OTHER OFFICE SUPPLIES 1,850 2,514 2,000 1.380 2.000 2,000 52 -10 FUEULUBE VEHICLES 32,296 37,153 33.500 31.114 36,510 36,510 52 -11 FUELIOILOTHER 5 512 1.000 0 1.000 1,000 52 -20 GEN'L OPER SUPPLIES 89,493 119,703 87,000 82.316 87,000 87,000 52 -21 CHEMICALS 42,977 38,373 51.450 29.919 51,450 51,450 52 -22 UNIFORMS /LINEN SERVICE 6,191 6,451 8,000 5.519 9,810 9,810 52 -24 BUILDING MATERIALS 114 0 200 0 200 200 52 -26 GARDENING SUPPLIES 2,808 3.239 2,500 1.904 2,500 2,500 52 -27 EQUIPMENT <$1,000 6,013 9,448 5.300 r 6.811 6,800 6.800 52 -31 <$1.000 WATER METER 8,908 5,721 51.000 58.414 50,000 50,000 54 -10 BOOKS & PUBLICATIONS 0 801 200 0 200 200 54 -15 SUBSCRIPTIONS 0 520 820 545 850 850 54 -20 MEMBERSHIPS 747 699 840 659 920 920 54-30 TRAININGIEDUCATION COSTS 3.099 J,Q22 4.110 1.793. x.030 3.030 OPERATING EXPENSES 410,459 443,510 544,370 454,583 592,870 680,400 64 -10 OFFICE FURNIFIXTURES 0 0 3.400 2.757 ^ 0 0 CAPITAL OUTLAY 0 0 3,400 2,757 0 0 WATER DISTRIBUTION 1,465,402 1,503,920 1,632,534 1,246,848 1,722,190 1,758,580 104 City of Delray Beach 2013 -2014 Proposed Budget 105 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Deot. 51 WATER AND SEWER Div. 24 ENVIRONMENTAL COMPLIANCE 12 -10 REGULAR SALARIESIWAGES 258.082 256,185 254,431 204.727 258.140 270.880 14 -10 OVERTIME 10.586 8.441 10.000 6.166 10.000 10.000 15 -20 CAR ALLOWANCE 2.640 2,640 2.640 2.200 2.640 2,640 21 -10 EMPLOYER FICA 19.897 19.684 20.430 16.651 20.510 21,490 22 -10 GEN'L EMP RETIREMENT 21,310 23,978 21,390 15.852 21,420 21.460 2220 ICMA CONTRIBUTIONS 2,047 2.039 2,040 1.687 2,110 2,110 23 -10 LIFE INSURANCE 664 554 600 443 530 530 23 -20 DISABILITY INSURANCE 12,879 1,006 740 618 760 760 23 -30 HEALTH INSURANCE 33,652 52.202 41.880 34.901 42.050 41,880 24 -10 WORKERS COMPENSATION 16.620 13.530 11.010 9.175 10,400 10,530 25 -10 UNEMPLOYMENT COMPENSATIO 175 175 500 417 500 500 25 -20 EMPLOYEE ASSISTANCE PROG. 170 170 170 _- 139 160 150 PERSONAL SERVICES 378,722 380,605 365,831 292,975 369,220 382,930 31 -90 OTHER PROFESSIONAL SERVIC 2.070 1,396 4.000 1.960 4.000 4.000 34-10 JANITORIAL SERVICES 200 200 600 0 200 200 34-90 OTHER CONTRACTUAL SERVS 15.442 11.912 25,000 7.667 19.500 19,500 40 -10 TRAVEL & TRAINING 804 332 1.400 1.513 1.400 1.400 41 -15 PORTABLE PHONEIMDD 940 1.082 1,070 857 1.070 1,070 42 -10 POSTAGE 187 124 120 128 120 120 42 -20 EXPRESS CHARGE/MESS SVC 307 29 300 105 300 300 44-45 VEHICLE RENTAL - GARAGE 2,490 2.490 2,490 2.075 3.310 3.310 45 -10 GENERAL LIABILITY 12.430 10.220 10,610 8.842 10.440 10.440 46 -10 BUILDING MAINTENANCE 1,511 1.437 1.500 904 1,500 1.500 46 -20 EQUIPMENT MAINTENANCE 34,711 33,134 34310 20.225 34.510 34.510 46 -30 VEHICLE MAINT - GARAGE 2.756 3.881 1,650 4.310 1.600 1.600 46 -90 OTHER REPAIRIMAINT COST 504 0 500 494 1,000 1.000 48 -30 REFRESHMENTIFOODIMEETINGS 0 0 50 0 50 50 49 -90 OTHER CURRENT CHARGES 4.324 4.000 4,100 4.302 4,100 4,100 51 -10 STATIONERYIPAPERIFORMS 123 82 200 70 200 200 51 -20 OFFICE EQUIP <$1.000 0 30 0 0 0 0 51 -90 OTHER OFFICE SUPPLIES 1.067 802 1,000 613 1.000 1.000 52 -10 FUELILUBE VEHICLES 1.859 1.872 1,800 1.308 3.500 3.500 52-20 GEN'L OPER SUPPLIES 14,832 14.265 15,000 12.447 15D00 15,000 52 -21 CHEMICALS 23,386 22.797 22.000 12.935 22.000 22,000 52 -22 UNIFORMSILINEN SERVICE 1,964 1.558 2.000 1.045 2.000 2,000 52 -27 EQUIPMENT < $1,000 1,552 1.182 1,200 1.139 1.200 1,200 54-10 BOOKS & PUBLICATIONS 395 598 550 601 550 550 54 -15 SUBSCRIPTIONS 299 299 300 34 300 300 54 -20 MEMBERSHIPS 692 793 700 483 700 700 54-30 TRAININGIEDUCATION COSTS 745 51Q _ 950 1.575 1.050 1.050 OPERATING EXPENSES 125,590 115,022 133,900 85,629 130,600 130,600 66 -10 SOFTWARE 0 0 1,700 0_ 0 0 CAPITAL OUTLAY 0 0 1,700 0 0 0 ENVIRONMENTAL COMPLIANCE 504,311 495,627 501,431 378,604 499,820 513,530 105 City of Delray Beach 2013.2014 Proposed Budget 64 -90 OTHER MACH/EQUIPMENT CAPITAL OUTLAY 0 0 0 0 5,000 51000 WASTEWATER COLLECTION 1,047,413 1,108,016 1,117,916 884,515 1,143,720 1,169,590 FS +Z1 2011 2012 2013 2013 Deppaartment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dent 51 WATER AND SEWER Div, 41 WASTEWATER COLLECTION 12 -10 REGULARSALARIESIWAGES 536,269 531,747 554,035 422.028 554,960 579,080 14-10 OVERTIME 15,466 17,131 16,000 9.779 16,000 16.000 15-50 OTHER PAY 0 100 350 0 350 350 21 -10 EMPLOYER FICA 39,003 39,215 42,631 31.454 41,750 43,600 22 -10 GEN'L EMP RETIREMENT 62,080 67,398 63,150 42.401 60,330 60,450 23 -10 LIFE INSURANCE 1,335 1214 1,470 998 1,300 1,300 23 -20 DISABILITY INSURANCE 13,979 2,126 1,700 1.274 1,660 1,660 23 -30 HEALTH INSURANCE 87,496 118,982 117,270 89345 117,730 117,260 24-10 WORKERS COMPENSATION 34,020 27,680 22,530 18,775 21,290 21,560 25 -10 UNEMPLOYMENT COMPENSATIO 456 456 1,400 1.070 1,400 1,400 25 -20 EMPLOYEE ASSISTANCE PROG. 441 441 470 359 460 440 PERSONAL SERVICES 790,546 806,490 821,006 617,482 817,230 843,100 31 -20 MEDICAL 80 0 720 801 0 0 34-40 TEMPORARY SERVICES 0 0 22,800 14.616 0 0 34-90 OTHER CONTRACTUAL SERVS 2192 4,840 2,400 6.252 2,700 2.700 40 -10 TRAVEL & TRAINING 664 246 1,920 531 2090 2.090 41 -10 TELEPHONE EXPENSE 643 638 630 536 630 630 41 -15 PORTABLE PHONEIMDD 5,651 5,145 5,310 4.886 5,800 5,860 42 -10 POSTAGE 236 194 250 249 250 250 42 -20 EXPRESS CHARGEIMESS SVC 15 38 200 0 200 200 43 -10 ELECTRICITY 1,787 1,733 1,800 1.201 1.810 1,810 44-10 LAND RENTALILEASE 7,360 7,728 8,440 8.114 8,860 8,860 44-45 VEHICLE RENTAL - GARAGE 59,910 73,520 73,520 61.267 84.730 84,730 45 -10 GENERAL LIABILITY 26,320 22,260 23,700 19.750 23.280 23,280 46 -20 EQUIPMENT MAINTENANCE 22,141 20,724 26,860 18.933 25.010 25,010 460 VEHICLE MAINT-GARAGE 54,295 68,103 47,550 52.339 62750 62.750 46 -90 OTHER REPAIRIMAINT COST 68 961 2,590 2.989 4.730 4,730 47 -20 REPRODUCTION SERVICE 322 0 150 167 150 150 48 -20 EMPLOYEE RECOG AWARDS 15 10 100 0 100 100 48-30 REFRESHMENTIFOODIMEETINGS 0 0 230 100 230 230 49 -16 'COMML DRIVERS LIC RENEWAL 405 171 240 265 240 240 49 -90 OTHER CURRENT CHARGES 0 0 150 250 0 0 51 -10 STATIONERYIPAPERIFORMS 260 0 350 168 350 350 51 -20 OFFICE EQUIP <$1,000 180 946 0 15 0 0 51 -90 OTHER OFFICE SUPPLIES 245 819 700 348 700 700 52 -10 FUELILUBE VEHICLES 39,417 53,139 37,500 40.616 49.460 49,460 52 -11 FUELlOIL OTHER 0 0 100 0 100 100 52 -20 GEN'L OPER SUPPLIES 21,903 27,766 22,000 22.380 30.000 30,000 52 -21 CHEMICALS 0 1,678 1,070 0 1,070 1,070 52 -22 UNIFORMSILINEN SERVICE 5,286 5.284 6,300 4,592 6,460 6,460 52 -24 BUILDING MATERIALS 0 0 100 0 100 100 52 -26 GARDENING SUPPLIES 1,814 2,273 2,050 2,046 2,500 2,500 52 -27 EQUIPMENT < $1,000 4,571 2.665 4,400 2,161 4,400 4,400 54-10 BOOKS & PUBLICATIONS 74 0 160 0 160 160 54-15 SUBSCRIPTIONS 0 0 90 0 90 90 54 -20 MEMBERSHIPS 125 90 180 90 180 180 54 -30 TRAINING/EDUCATION COSTS 890 555 2.350 1.372 2360 2.360 OPERATING EXPENSES 256,868 301,526 296,910 267,033 321,490 321,480 64 -11 COMPUTER EQUIPMENT 0 0 0 0 1.200 1,200 64 -90 OTHER MACH/EQUIPMENT CAPITAL OUTLAY 0 0 0 0 5,000 51000 WASTEWATER COLLECTION 1,047,413 1,108,016 1,117,916 884,515 1,143,720 1,169,590 FS +Z1 City of Delray Beach 2013 -2014 Proposed Budget KRA 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dept. 51 WATER AND SEWER Div. 42 SEWAGE TREATMENT 3480 SHAREfWASTEWATER TRMT 2,786,912 3,150,962 3,233,000 2,253.836 3,361,650 3,361,650 43 -30 WASTE COLLECTIONIDISPOSAL 2,091 2,230 2.230 2.216 2,230 2,230 43 -50 STORMWATER ASSESSMENT FEE 684 684 690 684 690 690 43-70 RECLAIMED WATER 134,158 114,638 170,000 87.242 176,120 176,120 5430 TRAINING /EDUCATION COSTS 150 0 0 0 0 0 OPERATING EXPENSES 2,923,994 3,268,515 3,405,920 2,343,979 3,540,690 3,540,690 SEWAGE TREATMENT 2,923,994 3,268,515 3,405,920 2,343,979 3,540,690 3,540,690 KRA City of Delray Beach 2013 -2014 Proposed Budget liibill 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Requast Recommends Fund 441 WATER AND SEWER FUND 13014 51 WATER AND SEWER Div, 43 WATER MAINTENANCE 12 -10 REGULAR SALARIESIWAGES 437,196 432,562 428,670 341.775 424,370 444,950 14-10 OVERTIME 5,495 9,633 5,500 4.560 5,500 5,500 15 -50 OTHER PAY 0 1,000 0 0 0 0 21 -10 EMPLOYER FICA 31,222 30,788 31,470 23.901 29,960 31,530 22 -10 GEN'L EMP RETIREMENT 47,770 52,148 47,930 28.836 38,620 38,700 23 -10 LIFE INSURANCE 955 902 1,020 750 900 900 23 -20 DISABILITY INSURANCE 13,589 1,724 1,300 1.032 1,270 1,270 230 HEALTH INSURANCE 67,304 93,939 83,800 69301 84,100 83,760 24 -10 WORKERS COMPENSATION 25,260 20,560 16,740 11950 15,820 16,020 25 -10 UNEMPLOYMENT COMPENSATIO 350 350 1,000 832 1,000 1,000 25 -20 EMPLOYEE ASSISTANCE PROD. ___ 340 340 340 278 330 310 PERSONAL SERVICES 629,484 643,946 617,770 485,715 601,870 623,940 40-10 TRAVEL &TRAINING 0 0 800 0 800 800 41 -15 PORTABLE PHONEIMDD 833 0 2,280 0 2,280 2,280 42 -10 POSTAGE 52 66 100 37 100 100 42 -20 EXPRESS CHARGE /MESS SVC 0 0 50 0 50 50 43-20 WATER & SEWER 1,499 2,318 2,450 2.414 2.490 2,490 44.45 VEHICLE RENTAL- GARAGE 20,500 20,500 24,070 20.058 23.780 23,780 45 -10 GENERAL LIABILITY 20,220 17,670 18,280 15.233 18.010 18,010 46 -10 BUILDING MAINTENANCE 8,455 9,130 9,200 2.605 9200 9,200 46 -20 EQUIPMENT MAINTENANCE 104,134 79,468 127,538 83.700 140.000 140,000 46 -30 VEHICLE MAINT - GARAGE 12,714 20,192 19,350 14.947 17,300 17,300 46-45 IRRIGATION MAINTENANCE 702 459 700 254 700 700 51 -10 STATIONERYIPAPERIFORMS 214 190 250 190 250 250 51 -90 OTHER OFFICE SUPPLIES 500 708 500 748 500 500 52 -10 FUELILUBEVEHICLES 18,885 21,159 20,000 16.656 23,020 23,020 52 -11 FUELIOIL OTHER 466 524 500 467 500 500 52 -20 GEN'L OPER SUPPLIES 9,161 6,453 9,000 4,173 9,000 9,000 52 -22 UNIFORMSILINEN SERVICE 2,405 2,558 3,030 2.076 3,030 3,030 52 -24 BUILDING MATERIALS 97 38 100 0 100 100 52 -25 JANITORIAL SUPPLIES 383 306 500 216 500 500 52 -26 GARDENING SUPPLIES 1,161 1,412 1,800 86 1,800 1,800 52 -27 EQUIPMENT < $1.000 1,237 371 1,000 0 1,000 1,000 5410 BOOKS & PUBLICATIONS 0 0 200 0 200 200 54 -20 MEMBERSHIPS 0 0 100 0 100 100 54-30 TRAINING/EDUCATION COSTS 300 ___ _ ____ 0 1.110 90 1.110 1.110 OPERATING EXPENSES 203,920 183,523 242,908 163,948 255,820 253,820 WATER MAINTENANCE 833,404 827,469 860,678 649,663 857,690 879,760 liibill 109 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Department Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Deat 51 WATER AND SEWER Diu. 44 LIFTSTATION MAINTENANCE 12 -10 REGULAR SALARIESIWAGES 818.296 816.275 899164 654.129 812320 852,520 14-10 OVERTIME 4,231 9,191 7,000 6.454 7,000 7,000 15 -20 CAR ALLOWANCE 2,640 2,640 2,640 2.200 2,640 2.640 1520 OTHER PAY 0 0 500 0 500 500 21 -10 EMPLOYER FICA 59.809 60,041 60.938 48.469 60.180 63.220 22 -10 GEN'L EMP RETIREMENT 79,670 72,868 67,600 51.167 69,590 69,730 22-30 ICMA CONTRIBUTIONS 651 6448 670 536 690 690 23 -10 LIFE INSURANCE 1,909 1,754 1,950 1.436 1,720 1,720 23 -20 DISABILITY INSURANCE 15,098 3.287 2,460 1.975 2,430 2.430 2320 HEALTH INSURANCE 114,188 152,342 142,390 118.662 142,970 142.400 24 -10 WORKERS COMPENSATION 47,330 38,530 31.370 26.142 29,640 30,020 25 -10 UNEMPLOYMENT COMPENSATIO 630 631 1.800 1.499 1,790 1,790 25 -20 EMPLOYEE ASSISTANCE PROG. _ 610 611 600 500 5.9.0 560 PERSONAL SERVICES 1,145,061 1,158,818 1,139,082 913,170 1,132,560 1,175,220 34-20 PEST CONTROL SERVICES 48 48 110 36 110 110 40 -10 TRAVEL & TRAINING 0 0 540 0 540 540 41 -10 TELEPHONE EXPENSE 1340 1,277 1280 1.042 1,250 1.250 41 -15 PORTABLE PHONEIMDD 5398 595 5,480 7.797 5,740 5.740 42 -10 POSTAGE 0 32 100 0 100 100 43 -10 ELECTRICITY 180,216 194,968 188,530 145.842 191.110 191,110 43 -30 WASTE COLLECTIONIDISPOSAL 420 0 200 33 200 200 43-50 STORMWATER ASSESSMENT FEE 554 554 550 554 550 550 44-30 EQUIPMENT RENTALILEASE 35 0 200 0 200 200 44.45 VEHICLE. RENTAL- GARAGE 61,200 60,620 60,620 50.517 66,030 66.030 45 -10 GENERAL LIABILITY 41,770 35,620 36,740 30.617 36.350 36.350 46 -10 BUILDING MAINTENANCE 2,490 2,260 2.000 1.291 2,000 2,000 46 -20 EQUIPMENT MAINTENANCE 142,941 142317 152,220 100.663 180.000 180.000 46 -30 VEHICLE MAINT -GARAGE 39.696 40.937 41,150 30,039 43,250 43.250 46-45 IRRIGATION MAINTENANCE 298 161 300 201 300 300 46 -90 OTHER REPAIRIMAINT COST 0 374 4.920 5.227 6.480 6,480 47 -10 PRINTINGIBINDING SERV 0 0 200 0 200 200 48 -20 EMPLOYEE RECOG AWARDS 290 0 0 0 0 0 48-30 REFRESHMENT/FOOD/MEETINGS 287 333 420 157 420 420 49 -10 ADVERTISING 0 0 150 275 150 150 49 -15 AUTO REGIST /LICENSE FEE 250 0 0 0 0 0 49 -90 OTHER CURRENT CHARGES 295 75 0 220 0 0 51 -10 STATIONERYIPAPERIFORMS 138 89 100 170 500 500 51 -20 OFFICE EQUIP 41,000 186 459 600 545 600 600 51 -25 COMPUTER SOFTWARE <$1,000 0 0 700 0 700 700 51 -90 OTHER OFFICE SUPPLIES 305 393 300 495 300 300 52 -10 FUELILUBE VEHICLES 44,352 36,004 44.500 34.917 49.620 49.620 52 -11 FUELIOIL OTHER 571 542 700 589 700 700 52 -20 GEN'L OPER SUPPLIES 12137 11,443 12,000 9.679 12,000 12,000 52 -21 CHEMICALS 17,699 15,390 18,000 19.662 18,000 18,000 52 -22 UNIFORMSILINEN SERVICE 7 ,066 6,743 7,310 5.736 7,310 7,310 52 -24 BUILDING MATERIALS 0 0 100 0 100 100 52 -26 GARDENING SUPPLIES 899 1,059 1,500 159 1,500 1,500 52-27 EQUIPMENT < $1,000 4,567 1.347 5.280 1.864 5,280 5.280 53 -10 REPAIRS - ROADS 0 74 0 0 0 0 54 -20 MEMBERSHIPS 150 0 300 150 300 300 54-30 TRAINING /EDUCATION COSTS 700 0 2.440 350 2.440 2.440 OPERATING EXPENSES 566,797 554,014 589,540 448,824 634,330 634,330 LIFTSTATION MAINTENANCE 1,711,858 1,712,832 1,728,622 1,361,994 1,766,890 1,809,550 109 City of Delray Beach 2013.2014 Proposed Budget 110 2011 2012 2013 2013 Department Manager e' Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dent 51 WATER AND SEWER Div. 45 CONSTRUCTION SERVICES 12 -10 REGULAR SALARIESIWAGES 408,496 405,941 392.602 307.535 407,300 427,360 14 -10 OVERTIME 2.403 934 2,000 346 2,000 2.000 15 -20 CAR ALLOWANCE 2.640 2,640 1640 2.200 2,640 2,640 15 -50 OTHER PAY 0 1,000 0 0 0 0 21 -10 EMPLOYER FICA 28,258 28,245 29378 21.848 29,220 30,760 22 -10 GEN'L EMP RETIREMENT 45,340 48,898 44,640 30,898 44,280 44.370 22 -30 ICMA CONTRIBUTIONS 2,898 2,887 2,900 2.389 5,020 5.020 23 -10 LIFE INSURANCE 1,039 899 990 675 880 880 23 -20 DISABILITY INSURANCE 13,475 1,615 1,200 929 1,220 1.220 23 -30 HEALTH INSURANCE 53,844 77244 67,020 50.955 67,280 67.090 24-10 WORKERS COMPENSATION 17,170 13,980 11,380 9.483 10750 10.890 25 -10 UNEMPLOYMENT COMPENSATIO 280 280 800 608 800 800 25 -20 EMPLOYEE ASSISTANCE FROG, 272 272 260 203 270 _ 260 PERSONAL SERVICES 576,115 584,837 555,810 428,069 571,660 593,210 34-40 TEMPORARY SERVICES 0 0 12,000 9.667 0 0 40 -10 TRAVEL & TRAINING 153 11 200 165 200 200 41 -10 TELEPHONE EXPENSE 666 654 640 547 670 670 41 -15 PORTABLEPHONEIMDD 1,275 1,062 1,110 920 1.170 1,170 43 -10 ELECTRICITY 715 693 720 461 720 720 44-30 EQUIPMENT RENTALILEASE 1,680 1,680 980 735 980 980 4445 VEHICLE RENTAL - GARAGE 41,530 41,930 41.930 34.942 37,350 37350 45 -10 GENERAL LIABILITY 16,850 14,280 15,080 12.567 14.730 14,730 46 -10 BUILDING MAINTENANCE 0 0 200 0 0 0 46 -20 EQUIPMENT MAINTENANCE 3,600 2,426 4,050 3.808 4.050 4,050 46 -30 VEHICLE MAINT - GARAGE 45,859 39,739 48.000 22.322 43,150 43,150 48 -20 EMPLOYEE RECOG AWARDS 35 0 50 0 50 50 49 -16 COMML DRIVERS LIC RENEWAL 81 81 80 0 80 80 51 -10 STATION ERYIPAPERIFORMS 4 145 150 2 150 150 51 -20 OFFICE EQUIP <$1,000 25 124 180 180 250 250 51 -90 OTHER OFFICE SUPPLIES 199 461 500 366 500 500 52 -10 FUELILUBE VEHICLES 12,672 13,588 14,000 11.994 15,720 15,720 52 -11 FUEUOIL OTHER 0 0 200 0 200 200 52 -20 GEN'L OPER SUPPLIES 2,636 2,317 2.B20 1.970 31000 3.000 52 -22 UNIFORMSILINEN SERVICE 3,264 2,843 3,040 2,424 3,540 3,540 52 -27 EQUIPMENT < $1,000 188 727 800 198 1,000 1,000 54-10 BOOKS & PUBLICATIONS 125 82 160 82 160 160 54-20 MEMBERSHIPS 0 259 0 0 0 0 54-30 TRAIN I NGIEDUCATION COSTS 1.986 386 940 0 940 940 OPERATING EXPENSES 133,541 123,489 147,830 103,369 128,610 128,610 CONSTRUCTION SERVICES 709,656 708,326 703,640 531,437 700,270 721,820 110 Account Description Fund 441 WATER AND SEWER FUND Dept, 51 WATER AND SEWER Div, 61 CAPITAL OUTLAY 31 -90 OTHER PROFESSIONAL SERVIC 34-85 SCRWTDB -SOUTH CENTRAL REG 34 -90 OTHER CONTRACTUAL SERVS 49 -23 RECLAIM WTR DISTR SYSTEM 49 -90 OTHER CURRENT CHARGES 51 -20 OFFICE EQUIP 41,000 OPERATING EXPENSES 63 -90 OTHER IMPROVEMENTS 64 -11 COMPUTER EQUIPMENT 66 -10 SOFTWARE 68-73 RECLAIM WATER, AREA 12A 68 -79 RECLAIM WATER,AREA 12B 0 CAPITAL OUTLAY 99-01 PROJECT RESERVE NON-OPERATING EXPENSES [ff.1�II>r1l119101k►1 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 Actuals ActAs Revised 2013 Department Manager Y -T -D Actual Regaest Recommends 8,304 12,946 14,000 0 0 0 0 54,315 420,510 336,982 0 0 0 4,300 0 0 0 0 56,681 116.341 69,473 3.884 185,000 185,000 5,280 0 0 0 0 11.200 0 0 0 0 0 70,265 187,902 515,183 ___11.629 _____ 352,496 185,000 185,000 0 0 57.600 0 0 0 0 0 40,400 14.919 0 0 0 0 40,000 39.701 0 0 0 0 1,346,511 724.852 0 0 0 0 0 0 165,000 165.000 0 0 1,484,511 779,473 165,000 165,000 0 0 118,798 0 0 1,250.000 1,250,000 1.500.590 1,500,590 0 0 118,798 70,265 187,902 2,118,492 1,131,968 9,600,000 1,850,590 111 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 Account Description Actuals Actuals Revised Fund 441 WATER AND SEWER FUND Deus. 51 WATER AND SEWER Div. 81 W &S TRANSISTORAGE PROJECT 2013 Department Manager Y -T -D Actual Request Recommends 31 -90 OTHER PROFESSIONAL SERVIC 56,170 9,396 0 0 0 0 34-83 SCR- RECLAIM & DEEPWELL 0 0 11,609 0 0 0 49 -90 OTHER CURRENT CHARGES 0 750 0 0 0 0 OPERATING EXPENSES 56170 10,146 11,609 0 0 0 65 -96 RECLAIM WATER TRANSMISSIO 0 0 819.734 0 0 0 CAPITAL OUTLAY 0 0 819,734 0 0 0 W &S TRANSISTORAGE PROJECT 56,170 10,146 831,343 0 0 0 WATER AND SEWER 16,098,014 16,557,780 19,904,167 13,704,720 18,918,980 19,432,540 112 City of Delray Beach 2013.2014 Proposed Budget 113 2011 2012 2013 2013 Department Mana er AccountDescriptton Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dept 61 MISCELLANEOUS Div. 11 MISCELLANEOUS EXPENDITURE 31 -90 OTHER PROFESSIONAL SERVIC 45,053 41,225 34,750 35.707 34750 34,750 49 -20 BAD DEBT EXPENSE 219.718 29765 0 76.949 0 0 49 -22 SHAREOFADMINEXP 1,878,000 1,976,000 1,834.000 1.528.333 1,910,000 1,910,000 49 -90 OTHER CURRENT CHARGES -471 -10.E5 0 -9.276 0 0 OPERATING EXPENSES 2,138,061 2,036,337 1,868,750 1,631,713 1,944,750 1,944,750 MISCELLANEOUS EXPENDITURE 2,138,061 2,036,337 1,868,750 1,631,713 1,944750 1,944750 MISCELLANEOUS 2,138,061 2,036,337 1,868,750 1,631,713 1,944,750 1,944,750 113 City of Delray Beach 2013 -2014 Proposed Budget 73 -04 BOND ISSUE EXPENSE DEBT SERVICE 4,559,464 1,149,228 5,833,440 215,012 5,879,440 5,879,440 114 2011 2012 2013 2013 Dapartmeni Manager Account Descaption Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 441 WATER AND SEWER FUND Dept 71 DEBT SERVICE Div. 71 DEBT SERVICE 71 -15 1993 WS REVENUE BOND -PRIN 0 0 1,391,730 0 1,313,720 1,313,720 71 -23 2006B W &S REV BOND -PRIM 0 0 140,000 0 145.000 145,000 71 -26 2011A W &S REV BOND -PRIM 0 0 515,000 0 525,000 525,000 71 -27 2011 B W &S REV BOND -PRIN 0 0 230,000 0 285.000 285.000 71-42 2000 REV BOND- PRINCIPAL 0 0 87,980 0 92,030 92,030 72 -15 1993 WS REVENUE BOND -INT 3,813,606 706,064 3,083280 0 3,161.280 3,161,280 72 -22 2006A W &S REVENUE BD-INT 240,501 0 0 0 0 0 72 -23 2006B W &S REV BOND -INT 73,630 68,485 63,080 31.542 57.510 57,510 72 -24 2007 W &S REV BOND-] NT 370,440 17,056 0 0 0 0 72 -26 2011A W &S REV BOND -WT 0 120,670 108,950 54.477 97.580 97,580 72 -27 2011 B W &S REV BOND -INT 0 171,820 174,040 87.019 167350 167,850 72 -42 2000 REV BOND4NTEREST 45,066 40,982 38,080 41.976 33,470 33,470 73 -01 FISCAL AGENT CHARGES 142 -71 1,000 0 1,000 1,000 73 -03 AMORTIZATION EXPENSE 12,079 12,079 0 0 0 0 73 -04 BOND ISSUE EXPENSE DEBT SERVICE 4,559,464 1,149,228 5,833,440 215,012 5,879,440 5,879,440 114 115 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Deparhment Manager Account Description Actuals Actuals Revised Y- T- DAotual Request Recommends Fund 441 WATER AND SEWER FUND DeDt 91 TRANSFERS Div. 11 TRANSFERS 91 -01 XFR- GENERALFD 1,811,020 1,547,070 1,727,320 1.439.433 1,687,780 2,650,780 91 -02 TRANS. TO BEAUT. TRUST 5,190 5,190 5,190 4.325 5,190 5,190 91 -06 IN LIEU UTILITY TAX 1,564,600 1,461,000 1,416,300 1.180.250 1,320,000 1,320,000 91 -14 TRANSFER TO R & R FUND 3.207.000 4.050,000 3.854.600 2,927,3QQ 2.700.000 2.600,000 NON- OPERATING EXPENSES 6,587,810 7,063,260 7,003,410 5,551,308 5,712,970 6,575,970 TRANSFERS 6,587,810 7,063,260 7,003,410 5,551,308 5,712,970 6,575,970 WATER AND SEWER FUND 29,383,348 26,806,605 54,609,467 21,102,754 32,456,140 33,832,700 115 116 REVENUES 443,263 541,840 519,830 -4.06% Surplus & Encumbrances 0 317,242 331,650 4.54% Intergovernmental Revenue 2,116 1,750 1,750 0.00% Charges for Services 2,807,594 2,953,950 3,005,890 1.76% Miscellaneous Revenue 51,683 56,090 56,760 1.19% Non Revenues (Transfers) 545 0 0 NA TOTAL' ... 2,861,938 3,329,032 3,396,050. 2.01% EXPENSES Administration 443,263 541,840 519,830 -4.06% Pro Shop 402,636 434,290 436,630 0.54% Course Maintenance 718,976 746,360 786,930 5.44% Restaurant 1,018,563 1,004,240 1,125,570 12.08% Capital Outlay 3,520 142,702 97,600 - 31.61% Debt Service 90,642 441,600 410,490 -7.04% Transfers 33,000 18,000 19,000 5.56% TOTAL 2,710,600 3,329,032 3,396;050 2.01 % 117 City of Delray Beach 2013.2014 Proposed Budget 118 2011 2012 2013 2013 Daparlment Manager Account Description Actuals Actuals Revised Y- T- D Actuat Request Recommends Fund 445 D B MUNICIPAL GOLF COURSE 301.45 -00 PRIOR YEARS SURPLUS 0 0 299,040 0 0 331,650 303.45 -00 PRIOR YEARS ENCUMBRANCES 0 0 18,202 0 0 0 REVENUE 0 0 317,242 0 0 331,650 335.41 -00 REFUND STATE GASOLINE TAX 1.559 2.116 1,750 971 1,750 1.750 INTERGOVERNMENTAL REV 1,539 2,116 1,750 971 1,750 1,750 347.75 -00 HANDICAP INCOME 0 0 0 1,919 1.500 1,500 347.77 -00 GOLF FEES 1,466,055 1,405,769 '1,578,730 1,314,957 1,519,000 1,519,000 347.78 -00 RANGE INCOME 80,928 76.680 85,800 74,402 81,470 81,470 347.79 -00 SALE OF MERCHANDISE 109,552 101,701 110,000 72,186 104,500 104,500 347.83 -01 FOOD 591,813 651,715 605,000 561,701 610,000 610,000 347.83 -02 BEVERAGES 106,389 99.219 105,000 106,634 108,000 108.000 347.83 -03 CATERING GRATUITIES 0 0 0 123,544 122,000 122.000 347.85 -00 PREPAID GREEN FEES 93,944 96,208 98,000 87,146 88,000 88,000 347.86 -00 REST - FOOD 123,017 120,061 123,000 110,353 123.000 123.000 347.87 -00 REST - ALCOHOL 213,476 222,444 215,420 207,184 215,420 215.420 347.88 -00 RESTAURANT -MISC INCOME 35,023 33,796 33.000 25,756 33,000 33.000 CHARGES FOR SERVICES 2,820,197 2,807,594 2,953,950 2,685,781 3,005,890 3,005,890 361.10 -00 INTEREST - INVESTMENTS -151 0 0 0 0 0 362.41 -00 TOWER RENTAL 15,317 13310 14.220 11,836 14,650 14.650 362.41 -01 BROADCASTING 18.091 12.106 12,140 10,255 12,380 12.380 364.40 -00 SALE OF SURPLUS PROPERTY 8.937 0 0 0 0 0 365.10 -00 SCRAP SALES (TAXABLE) 1,436 0 0 0 0 0 369.99 -00 MISCELLANEOUS REVENUE 15.366 25.767 29.730 21,628 29,730 29.730 MISCELLANEOUS REVENUE 58,997 51,683 56,090 43,720 56,760 56,760 389.40 -00 CAPITAL CONTRIBUTIONS 2.762 545 0 0 0 0 NON- REVENUES(TRANSFERS) 2,762 545 0 0 0 0 D B MUNICIPAL GOLF COURSE 2,883,515 2,861,937 3,329,032 2,730,471 3,064,400 3,396,050 118 Account Description Fund 445 D B MUNICIPAL GOLF COURSE DeDt 47 MUNICIPAL GOLF COURSE Div. 11 ADMINISTRATION 31 -90 OTHER PROF. SERVICES 32 -10 AUDIT/ACCOUNTING FEES 34-20 PEST CONTROL SERVICE 34-90 OTHER CONTRACTUAL SERVICE 40 -10 TRAVEL &TRAINING 41 -10 TELEPHONE EXPENSE 42 -10 POSTAGE 43 -30 WASTE COLLECTION & DISP. 43 -50 STORMWATER ASSESSMENT FEE 45 -10 GENERAL LIABILITY 4545 HEALTH CARE PREMIUMS 45 -90 OTHER INSURANCE COSTS 46 -10 BUILDING MAINTENANCE 46 -20 EQUIPMENT MAINTENANCE 47 -10 PRINTINGBINDING SERVICES 49 -10 ADVERTISING 49 -90 OTHER CURRENT CHARGES 51 -10 STATIONERYIPAPERIFORMS 51 -20 OFFICE EQUIP. < $1,000 51 -90 OTHER OFFICE SUPPLIES 52 -20 GENERAL OPER. SUPPLIES 54 -20 MEMBERSHIPS OPERATING EXPENSES ADMINISTRATION City of Defray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Actuals Actuals Revised Y -T -D Actual Request recommends 96,991 82,180 95.840 71,837 101,760 101,760 690 690 690 690 690 690 2,055 2,660 7,050 5.160 3,600 3,600 177,562 173,013 172,900 154.634 172,900 172,900 823 729 1,200 655 800 800 1.037 1,010 1,020 885 1,050 1,050 350 451 500 266 400 400 12543 13,379 13,380 13.296 13,300 13,300 7.724 7,724 7,730 7.724 7,710 7,710 13,880 10,970 11,310 9.425 11,740 11.740 28,323 18,372 17,700 13.019 20,560 20.560 80,546 71,201 90.000 62.190 78,000 78,000 18,749 20,244 76,100 15.023 61,600 61,600 8,442 8,337 8,730 7.238 8330 8,730 346 258 300 161 300 300 21,142 22.956 26.500 18.613 26,500 26,500 2,000 2,315 2,900 2.538 2,900 2,900 975 1,300 1,200 770 1.200 1,200 0 0 300 0 300 300 3.352 3.043 3,600 2.788 3,100 3,100 1,062 1,845 1,500 306 1,300 1,300 1.031 586 1.390 531 __ __ _1,390 1.390 479,624 443,263 541,840 387,749 519,830 519,830 479,624 443,263 541,840 387,749 519,830 519,830 119 City of Delray Beach 2013 -2014 Proposed Budget 54-20 MEMBERSHIPS OPERATING EXPENSES 404 ,431 402,636 434,290 316,452 436,630 436,630 PRO SHOP 404,431 402,636 434,290 316,452 436,630 436,630 120 2011 2012 2013 2013 Da artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 445 D B MUNICIPAL GOLF COURSE Dent 47 MUNICIPAL GOLF COURSE Div, 13 PRO SHOP 31 -90 OTHER PROF. SERVICES 230,061 224,730 248,900 188.976 260.900 260,900 34 -90 OTHER CONTRACTUAL SERVICE 39.893 31,981 40,000 29.060 36,000 36,000 40 -10 TRAVEL & TRAINING 205 321 500 61 500 500 41 -10 TELEPHONE EXPENSE 1,707 1,639 1,590 1.293 1.580 1,580 43 -10 ELECTRICITY 7,000 7,000 7,000 5.833 7.000 7,000 45-45 HEALTH CARE PREMIUMS 23,629 23,678 23,000 20.953 21.200 21,200 46 -10 BUILDING MAINTENANCE 1,152 4,503 4,700 670 4.700 4,700 46 -20 EQUIPMENT MAINTENANCE 1,140 2,120 1,800 1.655 1,800 1,800 47 -10 PRINTING/BINDING SERVICES 2,358 80 2,100 1.918 2.100 2,100 48 -90 OTHER PROMOTIONAL COSTS 2,169 2,604 2,300 110 2.300 2,300 49 -10 ADVERTISING 2,788 297 300 0 300 300 49 -90 OTHER CURRENT CHARGES 4,000 4,000 4,000 3.333 4.000 4,000 51 -20 OFFICE EQUIP. < $1,000 0 275 300 0 300 300 51 -90 OTHER OFFICE SUPPLIES 1,487 1,509 1,500 1.194 1.500 1,500 52 -20 GENERAL OPER, SUPPLIES 10,949 17,071 14,000 14.040 14,000 14,000 52 -22 UNIFORMSILINEN SERVICE 3,831 3,779 4,000 2.420 4.000 4,000 52-41 GOLF MERCHANDISE 70397 75,685 77,000 43.885 73,150 73,150 54-20 MEMBERSHIPS OPERATING EXPENSES 404 ,431 402,636 434,290 316,452 436,630 436,630 PRO SHOP 404,431 402,636 434,290 316,452 436,630 436,630 120 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De a tment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 445 D 8 MUNICIPAL GOLF COURSE Dept 47 MUNICIPAL GOLF COURSE Div. 14 COURSE MAINTENANCE 31 -90 OTHER PROF. SERVICES 386,190 363,531 369.860 263,104 394,860 394,860 41 -10 TELEPHONE EXPENSE 194 188 190 156 190 190 43 -10 ELECTRICITY 27,163 25,867 27,500 19794 25,210 25,210 43 -20 WATER & SEWER 3,870 4,776 4170 2,974 4.500 4,500 43 -25 IRRIGATION WATER 36,171 32,327 36,140 18,485 30,670 30570 45-45 HEALTH CARE PREMIUMS 51,385 32,974 39,500 30.228 4B,200 48.200 46 -10 BUILDING MAINTENANCE 2,330 2,414 1600 1.543 3,000 3,000 46 -20 EQUIPMENT MAINTENANCE 36,503 24,030 26.000 20.963 30,000 30,000 46-45 IRRIGATION MAINTENANCE 22,506 16,931 18,000 11.517 18,000 18,000 46 -90 OTHER REPAIRIMAINT. COSTS 0 9,150 0 0 0 0 49 -90 OTHER CURRENT CHARGES 090 4350 4,800 4.140 4,800 4,800 52 -11 FUELIOIL -OTHER 72,386 67,485 60,000 41.856 60,000 60,000 52 -20 GENERAL OPER. SUPPLIES 2,057 2,369 2,400 1,831 3,300 3.300 52 -22 UNIFORMSILINEN SERVICE 3,036 3,043 3,500 2.427 3,500 3,500 52 -26 GARDENING SUPPLIES 116,389 128,702 150,000 113.867 160,000 160,000 54 -20 MEMBERSHIPS 675 340 __700 340 700 700 OPERATING EXPENSES 765,845 718,976 746,360 533,223 786,930 786,930 COURSE MAINTENANCE 765,845 718,976 746,360 533,223 786,930 786,930 121 City of Delray Beach 2013 -2014 Proposed Budget 122 2011 2012 2013 2013 Depatment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 445 D B MUNICIPAL GOLF COURSE Dept 47 MUNICIPAL GOLF COURSE Div. 15 RESTAURANT 31 -90 OTHER PROF. SERVICES 418,860 452,744 456,000 503.184 571,000 571,000 41 -10 TELEPHONE EXPENSE 1,307 1294 1,270 1.019 1,260 1,260 43 -10 ELECTRICITY 41,821 43,805 40,490 31.164 40,820 40,820 43-20 WATER & SEWER 4,751 5478 5.640 4.270 4,980 4,980 43 -40 GAS 16,598 18,818 16.000 12.758 16,000 16,000 45-45 HEALTH CARE PREMIUMS 41,984 38,166 42,500 35.874 47,600 47,600 46 -10 BUILDING MAINTENANCE 1,558 2.219 2,540 873 2,300 2,300 46 -20 EQUIPMENT MAINTENANCE 4,818 4,375 4,500 4.069 4,500 4,500 46 -90 OTHER REPAIRIMAINT. COSTS 3,279 3,487 3,600 1.515 3,600 3,600 47 -10 PRINTINGIBINDING SERVICES 0 398 300 140 300 300 48 -90 OTHER PROMOTIONAL COSTS 764 1,855 2,350 534 2,350 2,350 49 -10 ADVERTISING 737 73 300 25 300 300 49 -90 OTHER CURRENT CHARGES 2.490 1,985 2,500 2.300 2,500 2,500 51 -20 OFFICE EQUIP. < $1.000 0 0 0 0 1,900 1,900 52 -20 GENERAL OPER, SUPPLIES 9.139 5,101 6,500 5.311 6,500 6.500 52 -22 UNIFORMSILINEN SERVICE 24,890 23,694 24,000 20.475 24,000 24,000 52-42 FOOD 254.040 280,051 265,080 244,723 263,880 263,880 52-43 RESTAURANT SUPPLIES 64,601 54,124 48,670 43,979 49,030 49,030 52 -53 BEVERAGES 76,982 79,579 80,100 75.796 80,850 80,850 54 -30 TRAININGIEDUCATION COSTS 0 1,320 _ 1,900 1.255 1,900 1,900 OPERATING EXPENSES 966,618 1,018,563 1,004,240 989,262 1,125,570 1,125,570 RESTAURANT 966,618 1,018,563 1,004,240 989,262 1,125,570 1,125,570 122 123 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Deppartment Maneger Account Description Actuals Actuals Revised Y- T- Dktual Request Recommends Fund 445 D B MUNICIPAL GOLF COURSE Dent 47 MUNICIPAL GOLF COURSE Div. 61 CAPITAL OUTLAY 46 -10 BUILDING MAINTENANCE 0 3.520 59.300 7.550 30.000 30.000 OPERATING EXPENSES 0 3,520 59,300 7,550 30,000 30,000 64 -90 OTHER MACH./EQUIPMENT 0 0 83.402 38.875 67.600 67 6QO CAPITAL OUTLAY 0 0 83,402 38,875 67,600 67,600 CAPITAL OUTLAY 0 3,520 142302 46,425 97,600 97,600 MUNICIPAL GOLF COURSE 2,616,519 2,586,958 2,869,432 2,273,112 2,966,560 2,966,560 123 City of Delray Beach 2013.2014 Proposed Budget 7M3 AMORTIZATION EXPENSE DEBT SERVICE 103,788 90,642 441,600 85,766 410,490 410,490 124 2011 2012 2013 2013 De artment fJanager Account Descdpfion Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 445 D B MUNICIPAL GOLF COURSE Dent 71 DEBT SERVICE Div. 11 DEBT SERVICE 71 -30 CAPITAL LEASE - PRINCIPAL 0 0 31,410 28.521 0 0 71-43 2003 NOTE PRINCIPAL 0 0 40,000 0 90,000 90,000 71-62 02 UTILITY TAX- PRINCIPAL 0 0 313,100 0 275,130 275,130 72 -30 CAPITAL LEASE - INTEREST 2,275 1,358 440 428 0 0 7243 2003 NOTE INTEREST 14.179 12,531 11,340 11.510 9,880 9,880 72-62 02 UTIL TAX-INTEREST 63,174 52.583 45,310 45.306 35,480 35,480 7M3 AMORTIZATION EXPENSE DEBT SERVICE 103,788 90,642 441,600 85,766 410,490 410,490 124 City of Delray Beach 2013 -2014 Proposed Budget 125 ti 2011 2012 2013 2013 D artment Manager Account Description Actuals Actuals Revised Y T -D Actual Requesf Recommends Fund 445 D B MUNICIPAL GOLF COURSE DeDL 91 TRANSFERS Div. 11 TRANSFERS 91 -01 XFR- GENERAL FD 33.000 33.000 18.000 15.000 18.000 19.000 NON - OPERATING EXPENSES 33,000 33,000 1800 15,400 18,000 19,000 TRANSFERS 33,400 33,000 18,000 15,000 18,000 19,000 D B MUNICIPAL GOLF COURSE 2,753,307 2,710,600 529,032 2,373,878 3,395,050 3,396,050 125 ti 126 Lakeview Golf Course Fund 101,080 118,130 110,080 -6.81% Pro Shop 186,405 201,900 205,630 1.85% Course Maintenance 2012 2013 2014. % Change.' Restaurant Actual Revised Proposed 13 -14 REVENUES 0 30,000 35,000 16.67% Surplus & Encumbrances 0 118,280 95,860 - 18.96% Intergovernmental Revenue 529 500 500 0.00% Charges for Services 655,175 718,100 719,450 0.19% Miscellaneous Revenue 4,914 5,000 5,000 0.00% TOTAL 660,618 841,880. 820,810 2.50 %' EXPENSES Administration 101,080 118,130 110,080 -6.81% Pro Shop 186,405 201,900 205,630 1.85% Course Maintenance 217,042 240,010 248,950 3.72% Restaurant 27,493 21,450 22,950 6.99% Capital Outlay 0 30,000 35,000 16.67% Debt Service 41,753 225,390 192,200 - 14.73% Transfers 15,000 5,000 6,000 20.00% TOTAL 588,773 841,880 820,810 - 2.506/o 127 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 Account Description Actuais Actuals Revised Fund 446 LAKEVIEW GOLF COURSE 301.39 -00 LAKEVIEW GOLF COURSE 303.46 -00 PRIOR YEARS ENCUMBRANCES REVENUE 335.41 -00 REFUND STATE GASOLINE TAX INTERGOVERNMENTAL REV 347.70 -18 VENDING MACHINE SALES 347.77 -00 GOLF FEES 347.79 -00 SALE OF MERCHANDISE 347.85 -00 PREPAID GREEN FEES 347.86 -00 REST - FOOD 347.87 -00 REST - ALCOHOL CHARGES FOR SERVICES 361.10 -00 INTEREST-INVESTMENTS 369.99 -00 MISCELLANEOUS REVENUE MISCELLANEOUS REVENUE LAKEVIEW GOLF COURSE 2013 Department Manager Y -1-0 Actual Request Recommends 0 0 116.280 0 0 95,860 0 0 2,000 0 0 0 0 0 118,280 0 0 95,860 390 529 500 243 500 500 390 529 500 243 500 500 2,398 1,667 3.000 1,241 3,000 3.000 562.894 544.737 613.050 454,441 593,450 593,450 , 30,960 26,154 27.000 22,591 30.000 30,000 31,913 32,573 30,050 48,534 45,000 45,000 22,033 32,949 28.000 26,363 31.000 31.000 16,393 17,095 17,000 16,944 17.000 17,000 666,591 655,175 718,100 570,114 719,450 719,450 -282 0 0 0 0 0 5,465 4,914 5,000 2,016 5,000 5.000 51183 4,914 5,000 2,016 5,000 5,000 672,163 660,617 841,880 572,373 724,950 820,810 128 129 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager AccountDescdpGon Aatuals Actuals Revised Y -T -D Actual Request Recommends Fund 446 LAKEVIEW GOLF COURSE Dept 47 MUNICIPAL GOLF COURSE Div. 11 ADMINISTRATION 34 -20 PEST CONTROL SERVICE 685 660 660 513 700 700 34-90 OTHER CONTRACTUAL SERVICE 47,119 41,689 42,780 36.562 42,780 42,780 40 -10 TRAVEL & TRAINING 163 0 350 0 350 350 41 -10 TELEPHONE EXPENSE 4,403 4,410 3,900 3768 3.910 3.910 42 -10 POSTAGE 0 19 570 0 50 50 43-10 ELECTRICITY 8,131 7,704 8,080 5,721 7.550 7,550 43 -20 WATER & SEWER 1,136 652 920 1.503 2.000 2,000 43 -30 WASTE COLLECTION & DISP. 6.272 6.690 6,690 6.648 6,650 6,650 43 -50 STORMWATER ASSESSMENT FEE 2,231 2,231 2,230 2.231 2,230 2.230 44 -30 EQUIPMENT RENTAULEASE 2,567 2,567 2,700 1.570 2,700 2,700 45 -10 GENERAL LIABILITY 3,400 2,580 2550 2.125 2,460 2,460 45 -90 OTHER INSURANCE COSTS 29,203 19,625 30,000 17.113 23,000 23,000 46 -10 BUILDING MAINTENANCE 2,542 1,450 2,500 3.002 2,500 2,500 46 -20 EQUIPMENT MAINTENANCE 672 549 900 899 900 900 49 -10 ADVERTISING 5,876 5,232 6200 6.445 6,200 6.200 49 -90 OTHER CURRENT CHARGES 765 765 770 765 770 770 52 -20 GENERAL OPER. SUPPLIES 4,679 3,482 5,500 4,821 4500 4,500 54 -20 MEMBERSHIPS _ 827 777 830 632 830 830 OPERATING EXPENSES 120,670 101,080 118,130 94,316 110,080 110,080 ADMINISTRATION 120,670 101,060 118,130 94,316 110,080 110,080 129 City of Delray Beach 2013 -2014 Proposed Budget 130 2011 2012 2013 2013 Department Manager Account Description Actua€s Actuals Revised Y -T -D Actual Request Recommends Fund 446 LAKEVIEW GOLF COURSE Dept 47 MUNICIPAL GOLF COURSE Div. 13 PRO SHOP 31 -90 OTHER PROF. SERVICES 135,858 131,577 140,000 108.611 140,000 140,000 4545 HEALTH CARE PREMIUMS 36,190 31.995 35,000 28.670 38.880 38,880 46 -20 EQUIPMENT MAINTENANCE 0 726 2,500 1.579 2.500 2,500 52 -20 GENERAL OPER, SUPPLIES 2,394 1,454 2,500 2.053 2.500 2,500 52 -22 UNIFORMSILINEN SERVICE 872 577 1,000 101 750 750 5241 GOLF MERCHANDISE 22,986 20,077 20,900 15.581 21.000 21.000 OPERATING EXPENSES 198,300 186,405 201,900 156,595 205,630 205,630 PRO SHOP 198,300 186,405 201,900 156,595 205,630 205,630 130 131 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2043 2013 De arlment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 446 LAKEVIEW GOLF COURSE Dent 47 MUNICIPAL GOLF COURSE Div. 14 COURSE MAINTENANCE 31 -90 OTHER PROF. SERVICES 130,892 109,737 125.260 92.514 134,160 134,160 43 -10 ELECTRICITY 1,090 11,700 11,300 9.742 11,950 11,950 43 -25 IRRIGATION WATER 20,146 16.201 19,690 11.884 14,060 14,060 45-45 HEALTH CARE PREMIUMS 17,317 14,590 13,500 11.170 15,120 15,120 46 -20 EQUIPMENT MAINTENANCE 9,765 9,286 9,000 6.047 9,000 9,000 46-45 IRRIGATION MAINTENANCE 3,714 5,100 3,700 2.513 3,700 3,700 46 -90 OTHER REPAIRIMAINT. COSTS 3.898 2,209 3.600 3.254 3,600 3,600 52 -11 FUELIOIL- OTHER 18,511 15,534 19,000 14.069 19,000 19,000 52 -20 GENERAL OPER. SUPPLIES 857 737 900 862 1,300 1,300 5222 UNIFORMSILINEN SERVICE 1,306 1,181 1,400 811 1,400 1,400 52 -26 GARDENING SUPPLIES 25,555 30,303 32.000 21,453 35,000 35,000 54 -20 MEMBERSHIPS 440 465 660 565 _- 660 660 OPERATING EXPENSES 243,410 217,042 240,010 174,882 248,950 248,950 COURSE MAINTENANCE 243,410 217,042 240,010 174,882 248,950 248,950 131 Account Description Fund 446 LAKEVIEW GOLF COURSE Dent 47 MUNICIPAL GOLF COURSE Div. 15 RESTAURANT 52-42 FOOD 52 -53 BEVERAGES OPERATING EXPENSES RESTAURANT City of Delray Beach 2013,2014 Proposed Budget 2011 2012 2013 2013 Department Manager Actuals Actuals Revised Y -T -D Actual Request Recommends 16,475 20,559 15,500 15.138 17,000 17,000 6,463 _ 6.934 5,950 6.310 5.950 _____ ____5.950 22,938 27,493 21,450 21,449 22,950 22,950 22,938 27,493 21,450 132 21,449 22,950 22,950 133 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Departrneni Manager Amount Desdplion Acivals Actuals Revised Y -T -D Actual Requesi Recommends Fund 446 LAKEVIEW GOLF COURSE Dent 47 MUNICIPAL GOLF COURSE DIV. 61 CAPITAL OUTLAY 64-90 OTHER MACH./EQUIPMENT 0 0 30.04Q 21.975 35.000 35.000 CAPITAL OUTLAY 0 0 30,000 21,975 35,000 35,000 MUNICIPAL GOLF COURSE 585,318 532,021 611,490 469,218 622,610 622,610 133 Account Description Fund 446 LAKEVIEW GOLF COURSE DeDt 71 DEBT SERVICE Div. 11 DEBT SERVICE City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Aotuals Actuals Revised Y- T- DActual Department Manager Request Recommends 710 CAPITAL LEASE - PRINCIPAL 0 0 0 0 28.650 28,650 71-62 02 UTILITY TAX - PRINCIPAL 0 0 196.900 0 144.870 144.870 72$2 02 UTIL TAX - INTEREST 39,846 33,176 28.490 28.490 18.680 18,680 73-03 AMORTIZATION EXPENSE 8.577 8,577 0 0 0 0 DEBT SERVICE 48,423 41,753 225,390 28,490 192,200 192,200 134 i City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 De ariment Manager AccountDesodp #ion Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 446 LAKEVIEW GOLF COURSE Dept 91 TRANSFERS Div. 11 TRANSFERS 91 -01 XFR- GENERAL FD J5 000 15.000 5,000 4.167 5.000 6.000 NON - OPERATING EXPENSES 15,000 15,000 5,000 4,167 5,000 6,000 TRANSFERS 15,000 15,000 5,000 4,167 5,000 6,000 LAKEVIEW GOLF COURSE 648,741 588,774 841,880 501,874 819,810 820,810 135 136 Stormwater Utility Fond 2012 2013 2014 % Change Actual Revised Proposed 13 -14: REVENUES Surplus & Encumbrances 0 2,188,121 12,700 - 99.42% Intergovernmental Revenue 1,033 500 500 0.00% Charges for Services 2,135,445 2,237,790 2,236,380 -0.06% Miscellaneous Revenue 26,603 500 12,000 2300.00% TOTAL 2,163,081 4,426,911 2,261,580 - 48.91% EXPENSES Administration 600,877 723,830 847,900 17.14% Stomwater System Maintenance 644,738 711,812 706,830 -0.70% Capital 77,485 2,886,179 600,000 - 79.21% Debt Service 67,504 105,090 106,850 1.67% TOTAL 1,390,604 4,426,911 2,261,580 - 48.91 %. 137 City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 Account Description Actuals Actuals Revised Fund 448 STORM WATER UTILITY FUND 301.49 -00 PRIOR YEARS SURPLUS 303.49 -00 PRIOR YEARS ENCUMBRANCES REVENUE 338.90 -00 INTEREST FROM TAX COLLECT INTERGOVERNMENTAL REV 343.61 -00 STORM WATER CHARGES 343.61 -01 INTERNAL CHARGES 343.62 -00 DELINQUENT STORM WTR CHG CHARGES FOR SERVICES 361.10 -00 INTEREST - INVESTMENTS 361.10 -09 PFM INTEREST 361.22 -00 DELINQUENT STORM WATER 361.70 -00 GAIN ON SALE OF INVESTMNT 369.99 -00 MISCELLANEOUS REVENUE MISCELLANEOUS REVENUE 389.40 -00 CAPITAL CONTRIBUTIONS NON-REVENUES(TRANSFERS) STORM WATER UTILITY FUND 0 0 0 0 0 0 249 1,033 249 9,033 2,084,080 2.033.793 0 81,323 28,295 20,329 2,112,375 2,135,445 3,028 0 0 25.498 2,913 0 0 - 10.721 12.507 11,826 18,449 26,603 72,645 0 72,645 0 2,203,717 2,163,082 138 2013 Department Manager Y T -D Actual Request Recommends 2,094,285 0 0 12,700 93,836 0 0 0 2,188,121 0 0 12,700 500 274 500 500 500 274 500 500 2.233,790 2,134,757 2,219,990 2.221,380 0 0 0 0 4,000 19,844 15,000 15,000 212371790 2,154,602 2,234,990 2,236,380 500 0 10,000 10,000 0 30,522 0 0 0 4,530 2,000 2000 0 - 20,297 0 0 0 114 0 0 500 14,869 12,000 12,000 0 0 0 0 0 0 0 0 4,426,911 2,169,744 2,247,490 2,261,580 139 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 Department Manager AccountDescdp #ton Actuals Actuals Re%lsed Y- T- DActua1 Reques# Recommends Fund 448 STORM WATER UTILITY FUND Dept. 54 STORM WATER UTILITY Din. 11 ADMINISTRATION 12 -10 REGULAR SALARIES/WAGES 217,763 203,611 86,520 72.786 87,390 89,940 12 -30 TERM PAY/SICK & VAC 0 1,472 0 0 0 0 15 -20 CAR ALLOWANCE 2.218 2.218 0 185 0 0 21 -10 EMPLOYER FICA 16,089 15,261 6,330 5.542 6,830 7,030 22 -10 GEN'L EMP RETIREMENT 22,277 22,960 5,730 4,388 5,550 5,560 22 -30 ICMA CONTRIBUTIONS 5.207 6,543 4,410 3,681 4,540 4,540 23 -10 LIFE INSURANCE 594 490 270 203 250 250 23 -20 DISABILITY INSURANCE 837 837 250 220 260 260 23 -30 HEALTH INSURANCE 22,165 27,408 12,570 10.470 12,620 12,570 24-10 WORKERS' COMPENSATION 6,410 5,220 4,250 3.542 4,020 4,070 25 -10 UNEMPLOYMENT COMPENSATIO 124 118 150 125 150 150 25 -20 EMPLOYEE ASSISTANCE PROG. 120 115 50 42 50 50 PERSONAL SERVICES 293,804 286,253 120,530 101,182 121,660 124,420 31 -30 ENGINEERINGIARCHITECT 24,718 31,675 31,970 32.105 31,970 31,970 31 -90 OTHER PROFESS SERVICES 15.864 21,820 22.250 2.713 19,000 19,000 32 -10 AUDIT/ACCOUNTING FEES 2,010 2,010 2,010 2.010 2,010 2,010 34 -90 OTHER CONTRACTUAL SERVICE 0 150 0 0 0 0 40 -10 TRAVEL & TRAINING 1,523 2,723 1,100 665 1,100 1,100 41 -10 TELEPHONE EXPENSE 610 754 280 210 240 240 41 -15 PORTABLE PHONElMDD 978 675 0 0 0 0 42 -10 POSTAGE 253 156 420 172 300 300 43 -10 ELECTRICITY 2,385 1,733 1,800 1.201 1,810 1,810 43 -50 STORMWATER CHARGES 1,374 1.194 1,180 1.194 1,180 1,180 44 -30 EQUIPMENT RENTAL/LEASE 2,245 1,563 950 754 980 980 44-45 VEHICLE RENTAL - GARAGE 1,870 1,730 0 0 0 0 45 -10 GENERAL LIABILITY 15,150 11,010 10.990 9.158 7,200 7,200 46 -20 EQUIPMENT MAINTENANCE 177 476 240 0 240 240 46 -30 VEHICLE MAINT- GARAGE 420 0 0 0 0 0 46 -90 OTHER REPAIRIMAINT COST 7,139 4,970 0 4.502 33.170 33,170 47 -20 REPRODUCTION CHARGES 1,002 60 2,000 0 2,000 2,000 48-30 REFRESHMENTIFOODIMEETINGS 48 20 0 0 0 0 49 -10 ADVERTISING 700 1.051 700 0 700 700 49 -22 SHARE OF ADMIN EXP 13000 105,000 142,000 118.333 119,000 119,000 49 -90 OTHER CURRENT CHARGES 0 250 0 0 0 0 51 -10 STATIONERYIPAPERIFORMS 1.257 996 2.000 548 2,000 2.000 51 -20 OFFICE EQUIP <$1,000 216 0 0 0 0 D 51 -90 OTHER OFFICE SUPPLIES 1,589 2,229 1,500 1.550 1.500 1.500 52 -10 FUEULUBE VEHICLES 783 0 0 0 0 0 52 -20 GEN'L OPER SUPPLIES 1,155 1,207 3,000 985 3,000 3,000 52 -22 UNIFORMSILINEN SERVICE 370 302 160 0 160 160 54 -10 BOOKS & PUBLICATIONS 30 153 130 0 130 130 54-15 SUBSCRIPTIONS 0 295 300 128 300 300 54-20 MEMBERSHIPS 1,978 25 830 1,014 1,140 1,140 54-30 TRAINING/EDUCATION COSTS 1.464 400 1.320 230 -1.3 . _ 1,320 OPERATING EXPENSES 217,306 194,624 227,130 177,473 230,450 230,450 91 -01 XFR- GENERAL FD 116,000 120,000 376,170 313.475 383,770 383.770 99 -01 PROJECT RESERVE 0 0 0 0_ 0 109.260 NON - OPERATING EXPENSES 116,000 120,000 376,170 313,475 383,770 493,030 ADMINISTRATION 627,110 600,877 723,830 592,130 735,880 847,900 139 City of Delray Beach 2013.2014 Proposed Budget 140 2011 2012 2013 2013 Department Managar AccountDesodption Actuaks Actuals Revised Y- T- DActual Request Recommends Fund 448 STORM WATER UTILITY FUND Deat 54 STORM WATER UTILITY Div. 16 STORMWATER SYSTEM MAINT 12 -10 REGULAR SALARIESIWAGES 190,433 190,975 190,240 154.889 193,470 202,710 14 -10 OVERTIME 10,201 9,693 10,000 8.086 10,000 10,000 15 -50 OTHER PAY 0 30 300 0 300 300 21 -10 EMPLOYER FICA 14,109 14,315 14.290 11.497 14,390 15,100 22 -10 GEN'L EMP RETIREMENT 21,310 23,160 21,270 11.846 16,470 16,500 23 -10 LIFE INSURANCE 480 455 510 375 450 450 23 -20 DISABILITY INSURANCE 6,340 776 570 468 580 580 23 -30 HEALTH INSURANCE 33,652 43,868 41,880 32.806 42.050 41,880 24-10 WORKERS' COMPENSATION 19,180 15,620 12,720 10,600 12,020 12,170 25 -10 UNEMPLOYMENT COMPENSATIO 175 175 500 417 500 500 25 -20 EMPLOYEE ASSISTANCE PROG, 170 ED 170 139 170 160 PERSONAL SERVICES 296,050 299,237 292,450 231,123 290,400 300,350 31 -20 MEDICAL 0 180 0 0 0 0 34-70 PHOTO /MICROFILM SERVICES 0 44 100 0 100 100 34-78 REPAIR & UPKEEP CANALS 6,250 2,045 9,420 0 9,420 9,420 34-90 OTHER CONTRACTUAL SERVICE 36,987 32,252 45,400 36,260 42,900 42,900 40 -10 TRAVEL & TRAINING 233 0 990 0 990 990 41 -15 PORTABLE PHONEIMDD 279 2,221 2.280 0 2,280 2,280 43 -10 ELECTRICITY 6,993 9,970 8,670 7,696 8,540 8,540 43 -25 IRRIGATION WATER 6,053 4,470 5,390 5,070 4,900 4,900 44-10 LAND RENTALILEASE 3,166 2,798 3,200 2,938 3,200 3.200 44-30 EQUIPMENT RENTAL/LEASE 188 713 800 94 800 800 44-45 VEHICLE RENTAL - GARAGE 71.020 78,090 79,420 66,183 79,420 79,420 45 -10 GENERAL LIABILITY 18,170 15,010 14,350 11,958 14,610 14,610 46 -20 EQUIPMENT MAINTENANCE 244 1,402 1,430 249 1,430 1,430 46-30 VEHICLE MAINT- GARAGE 94,020 118,692 100,000 88,189 100,000 100,000 46 -90 OTHER REPAIR/MAINT COST 12,680 11,785 69,120 69,296 54,680 54,680 49 -10 ADVERTISING 413 0 0 0 0 0 49 -16 COMML DRIVERS LIC RENEWAL 95 0 180 0 180 180 51 -10 STATiONERYIPAPERIFORMS 130 45 50 18 50 50 51 -20 OFFICE EQUIP <91.000 0 0 0 0 70 70 51 -90 OTHER OFFICE SUPPLIES 361 216 200 197 200 200 52 -10 FUELILUBE VEHICLES 34,417 32.312 35,000 27.154 38,630 38,630 52 -20 GEN'L OPER SUPPLIES 7,037 7,849 8,000 3.056 8.000 8.000 52 -22 UNIFORMSILINEN SERVICE 2,601 2,473 2,400 1.607 2.500 2,500 52 -24 BUILDING MATERIALS 647 667 700 252 700 700 52 -26 GARDENING SUPPLIES 11,381 5,076 10,000 2,640 10.000 10,000 52 -27 EQUIPMENT < $1,000 13,246 12.087 10,233 10.162 10,000 10,000 53 -20 REPAIRS - DRAINAGE 6,751 5.138 11,449 1.906 11.200 11,200 54 -20 MEMBERSHIPS 0 0 100 0 0 0 54 -30 TRAIN INGIEDUCATION COSTS 823 167 480 0 480 480 OPERATING EXPENSES 334,184 345,501 419,362 334,924 405,280 405,280 64 -11 COMPUTER EQUIPMENT 0 0 0 _ 0 1.200 1.200 CAPITAL OUTLAY 0 0 0 0 1,200 1,200 STORMWATER SYSTEM MAINT 630,234 644,738 711,812 566,047 696,880 706,830 140 Account Description Fund 44B STORM WATER UTILITY FUND Dept 54 STORM WATER UTILITY Div. 61 CAPITAL City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 Actuals Ac #pals Revised 2013 Department Manager Y -T -D Actual Request Recommends 31 -30 ENGINEERINGIARCHITECT 568 0 32,600 22.320 0 0 31 -90 OTHER PROFESS SERVICES 0 9,375 15,000 0 0 0 34 -90 OTHER CONTRACTUAL SERVICE 0 4,300 0 0 0 0 46-43 DRAINAGE SWALES 0 640 207,445 78.595 100,000 100,000 46 -90 OTHER REPAIRIMAINT COST 33,813 59,096 31,910 26.912 0 0 49 -90 OTHER CURRENT CHARGES 566 4 - 0 0 0 0 OPERATING EXPENSES 34,947 77,485 286,955 127,826 100,000 100,000 63 -90 OTHER IMPROVEMENTS 0 0 122.369 58,215 0 0 64 -15 NEW FINANCIAL SYSTEM 0 0 250,000 0 0 0 65-41 SWALE RECONSTRUCTION 0 0 28,100 5.932 0 0 65-85 OSCEOLA PARK 0 0 42,000 0 0 0 65 -95 SW 2ND ST BEAUTIFICATION 0 0 200,307 159 0 0 68 -11 DRAINAGE IMPROVEMENTS 0 0 9,860 0 0 0 68 -18 STORM WATER PUMP ST REHAB 0 0 93,130 9.855 0 0 68 -30 SE 2 ST - SWINTON -SE 3 AV 0 0 225.000 0 0 0 68-52 FED HWY BEAUTIFICATION 0 0 710,683 0 0 0 68-55 ALLEN DRIVE DRAINAGE 0 0 83,700 0 0 0 68-56 BLOCK 19&20 ALLEY IMPROV 0 0 20,870 11.936 0 0 68-60 NW 12TH AV ATL.ANTICIMLK 0 0 230,260 2.880 0 0 68-62 ALLEY DRAINAGE IMPROV, 0 0 75.000 361 0 0 685 AUBURN AVE IMPROVEMENTS 0 0 200,000 0 0 0 687 BAY ST PUMP STA IMPRV 0 0 172,500 72.097 0 0 68 -70 BLOCK 32 ALLEY 0 0 71,000 0 0 0 68 -72 NE 3RD ST STREET SCAPE 0 0 15,000 0 110,000 110.000 66-80 LIFT STAT LEVEL TRANSMITT 0 0 33,000 0 0 0 66-86 SWINTON & ATLANTIC INTERS 0 0 10,000 0 95,000 95,000 68 -90 GLEASON STREET DRAINAGE 0 0 3.555 0 0 ___ __ 0 CAPITAL OUTLAY 0 0 2,596,334 161,435 205,000 205,000 99 -01 PROJECT RESERVE NON - OPERATING EXPENSES 0 0 2,890 0 295,000 295,000 CAPITAL 34,947 77,485 2,886,179 289,261 60D,000 6DO,ODD STORM WATER UTILITY 19292,291 1,323,100 4,321,821 1,447,438 2,032,760 2,154,730 141 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuals Actuals Revised Y -T -D Actual Request Recommends Fund 448 STORM WATER UTILITY FUND Dent 61 MISCELLANEOUS Div, 11 MISCELLANEOUS EXPENDITURE 49 -90 OTHER CURRENT CHARGES 374 0. 0 D_ 0 0 OPERATING EXPENSES 374 0 0 0 0 0 MISCELLANEOUS EXPENDITURE 374 0 0 0 0 0 MISCELLANEOUS 374 0 0 0 0 0 142 143 City of Delray Beach 2013 -2014 Proposed Budget 2011 2012 2013 2013 De artment Manager Account Description Actuais Actuals Revised Y -T -D Actual Request Recommends Fund 448 STORM WATER UTILITY FUND Deat 71 DEBT SERVICE Div.11 DEBT SERVICE 71 -16 2000 REVENUE NOTE -PRIM 0 0 38,060 0 39,810 39.810 71 -25 2007 UTIL TAX BONDS PRIN 0 0 810 0 2,840 2,840 72 -16 2000 REVENUE NOTE -INT 19,495 17,728 16,470 16.085 14,480 14,480 72 -25 2007 UTIL TAX BONDS -INTER 49,814 49,776 49,750 49,754 49,720 49120 DEBT SERVICE 69,309 67,504 105,090 65,839 106,850 106,850 143 Account Description Fund 448 STORM WATER UTILITY FUND Debt 91 TRANSFERS Div. 11 TRANSFERS City of Delray Beach 2013.2014 Proposed Budget 2011 2012 2013 2013 Actuals Actuals Revised Y -T -D Actual Deparhnent Manager Request Recommends 91 -01 XFR- GENE=RAL FD 31.120 0 0 0 _ _ _ 0 . 0 NON - OPERATING EXPENSES 31,120 0 0 0 0 0 TRANSFERS 31,120 0 0 0 0 0 STORM WATER UTILITY FUND 1,393,094 1,390,604 4,426,911 1,513,277 2,139,610 2,261,580 144 ro 0 O 4� buo 0 qqt D L V r--i m m O E m r*-4 E >. w ca U. O = — n Ln a� � O o � U U f6 (D f6 4-) fa 4-) aA m O Q O rl N M M 00 ^ N I O M r-I 00 M I� O r-I M CY, 00 ern ern 0 r-I � 00 N r-I M dl M r-I l0 N I� O M 1p r-I I� r-I l0 O I*_ lD Ol M Rt O Rt I*_ Rt lD 00 lD 11) 00 00 O lD Ol M N N 00 RtI N r*_ VIP O 00 O N O O O O O O 00 O 00 Rt r� r-I Ol Ol Ol O I� l0 I� l0 Ol l0 M M r-I L r) Ol Ol N lD l0 I_f) V)- r-I VIP N =3 N 4-J > N DC '� L 0 +_+ U N _ 'L C�6 N C6 'v C6 }' C�6 aJ N � L N — U f6 a-J V c/ U C� Li w 0 0 0 0 V) 0 0 0 0 Q) O O O O buo O TI-i LO I**- —0 C, ka C- U bz �o X •- W LL o LL LL c 0 V 'c cn 0 0 o 4� bA N 0 C/1 06 ._ o E a_ w U U A a 2 2 O .E C6 O U) ca W C� U) Qo L 00 (n O O -0 O CO Q) = � O : -00 U) !:� -;tN C6 O rl ca O Nou'E >- U QQo LL O Opp O U) o� ti U) �� o Q }? � O ca w O OOp ca 00 CO x M m z Rt �n r-I lD r° lD I* ° N N O r14 M N N 0 m � � 0 N O I� Rt O Rt M N cn Ln 00 M N � r-i O M M 00 M�D r-I r-I r-i r- r-I 0M r- m Rt m 00 rM-I lD m m I� r-I lD � O N O O lD I� m O lD O � m I� Ln N I� N I� M Ol I� l0 l0 O) ' M 00 Ln Ln Ln I� 00 Lr) N LL O O O O O O O O O 0 m N M lD m r-i Ln 00 N O O O � � lD � � r-I M O Ln w CL • t N r-i 00 Ln 11) m I� I1) O I, w 00 lD 00 O F, W O O4 N .. O O O O O O O O O 0 � `V O O O w � I� N O M � � M O � l0 r-i M � r-I M r-i N N M lb • I�t 00 0 O O O O O O 0 O O I� M m O r-I Ln l0 Ln r� M � 0 00 Ln M � � � l0 Lr? r-i Rt Rt � � lb Ln O N •N V > H O N v O V LL Q V a V -i m N m z z z zl no 0 H > _ O i E 2 H a N V a o °N rn 0 m �o O 00 (.0 O O N Ln Ln 00 1-0 � N M I�t O r; M I�t O O N r1 m O O O M N I�t m l0 Ln N N r-I r1 O 00 O O M M N r- l0 O N LO l0 Ln O � �O M Ln N M � 0000, w m Ln N r-I N � r-I � W LL O N O m O O O l0 O O l0 O O O m O O 00 � M � N � N N � � � O ' �M 00 O N r-I 00 0 O 00 00 Ln Ol LMn r4 I4 N O O N 00 m �D n , W O N r-I M Ln r- I r-I M Or-, OYl .. ° � °O m ° O m � Ln 0 I O Ln 00rq O Ln � O � 00 00 N N O r-I I� M O O O O O O O O OI O ' r- O M Ln O m m N w M Ln mm m O O N r-I Ln M 0 r-I N N l0 no 0 H > _ O i E 2 H a N V a MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 12 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c), "Parking Lot Stacking Distance ", to reduce the stacking distance for parking lots with 51 or more spaces when there are multiple access points. BACKGROUND At the first reading on July 25, 2013, the Commission passed Ordinance No. 12 -13. RECOMMENDATION Recommend approval of Ordinance No. 12 -13 on second and final reading. ORDINANCE NO. 12 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 17, 2013, and voted 3 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D) "Design Standards ", Subsection (3) "Point of Access to the Street System" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Point of Access to the Street System: (a) Maximum Width: The point of access to a street or alley shall be a maximum of twenty -four feet (24') unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than thirty -six feet (36'). (b) Minimum Width: The point of access to a street or alley shall not be less than: * 24' for a normal two -way private street or parking lot driveway aisle. * 20' for a private driveway which has less than 200 ADT. * 12' for a one -way driveway or parking lot aisle. (c) Stacking Distance: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. (1) The minimum distance between a right -of -way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: NUMBER ACCESS STREET MINIMUM OF SPACES I CLASSIFICATION STACKING DISTANCE 20 or fewer Local 5 feet 21-50 Local 20 feet 50 or fewer Non -Local 20 feet 51 or more All Streets 50 feet* * For parking lots designed and operated with two (2) or more access points, this standard may be reduced to a minimum stacking distance of twenty (20) feet, subject to a staff performance analysis. (2) Provisions must be made to provide for 100' of clear stacking from the first point of transaction for each lane of a drive -thru facility and in advance of all guardhouses or security gates. (3) Greater stacking distance may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision 2 ORD. NO. 12 -13 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2013. ATTEST City Clerk First Readi Second Reading MAYOR 3 ORD. NO. 12 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 16, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 12 -13 Page 1 of 1 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will reduce the required stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or more access points. BACKGROUND When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet of stacking is unnecessary, and waivers have typically been requested, recommended for approval, and ultimately granted by the City Commission. When requested waivers are consistently granted under the same circumstance, it is customary to evaluate the ongoing need for such relief. As such, this amendment responds to this approach consistently taken by the City, and reflects a streamlining of the development review process. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their June 17, 2013 meeting and voted 3 to 1 (Shutt dissenting) to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 12 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6957 &MeetingID =484 8/14/2013 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 17, 2013 AGENDA NO: VI. D. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATION ", SUBSECTION (D), "DESIGN STANDARDS ", SUBSECTION (3), "POINT OF ACCESS TO THE STREET SYSTEM" TO REDUCE THE STACKING DISTANCE FOR PARKING LOTS WITH TWO OR MORE ACCESS POINTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) that reduces the required stacking distance for parking lots with more than fifty (50) spaces when there are two (2) or more access points. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ANALYSIS Current regulations require parking lots to be designed with a stacking distance of 50 feet when accessed from all types of city streets for those lots that have more than fifty (50) spaces. All other situations require a minimum stacking distance of twenty (20) feet, and when lots with twenty (20) or fewer spaces are located along local roads, the standard is reduced to 5 feet. When parking lots are designed with two (2) or more access driveways, the need for fifty (50) feet of stacking is unnecessary, and waivers have typically been requested, recommended for approval, and ultimately granted by the City Commission. When requested waivers are consistently granted under the same circumstance, it is customary to evaluate the ongoing need for such relief and the added time needed to process development approvals. Further, if relief is granted on a consistent basis, modification of the requirement should be considered. As such, this amendment responds to this approach consistently taken by the City, and reflects a streamlining of the development review process. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following goal, objective and policy apply: Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment - Stacking Distance Transportation Element Objective A -6 states that [t]he City's Land Development Regulations shall continue to provide standards which insure that new development and redevelopment mitigate adverse situations and /or provide for functionally safe traffic movements. Transportation Element Policy A -6.1 states that the Land Development Regulations shall maintain consistent standards for, but not limited to, the following: ❑ Location and design of driveway access and on -site circulation; ❑ Width and location of curb cuts; ❑ Width and location of median openings; ❑ Radii of curves and criteria for locations where driveways or private streets may intersect on curves; Width and conditions of shoulders; Street lighting standards, Traffic impact analysis; Cross - access standards particularly at intersections; The amendment will continue to ensure that access and circulation are designed and function in a safe manner. With multiple access points, stacking and congestion for larger parking lots will be minimized by dispersing the traffic entering and exit such facilities. The amendment is consistent with this objective and policy. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment provides for continued safe and convenient access to and from parking facilities At the same time, the need to request and receive waivers will be eliminated thereby removing an unnecessary hurdle in the development review process.. The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan, and reflects a streamlining of the City's regulations. 2 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment - Stacking Distance ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.6.9 "Off- Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.6.9 "Off - Street Parking Regulation ", Subsection (D), "Design Standards ", Subsection (3), "Point Of Access To The Street System" To Reduce The Stacking Distance For Parking Lots With Two Or More Access Points, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 13 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to Land Development Regulations (LDR) Section 2.4.3, "Submission Requirements ", Subsection (D), "Preliminary Engineering Plans ", and Subsection (F), "Final Engineering Plans ", to provide for bus shelters; enacting a new Section 6.1.14, "Transit ", to provide for bus shelters. BACKGROUND At the first reading on July 25, 2013, the Commission passed Ordinance No. 13 -13. RECOMMENDATION Recommend approval of Ordinance No. 13 -13 on second and final reading. ORDINANCE NO. 13 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 17, 2013, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3 "Submission Requirements ", subsection (D) "Preliminary Engineering Plans" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Preliminary Engineering Plans: (1) Preliminary Engineering Plans shall provide information and be in a format as required by Section 2.4.3(B), Standard Plan Items. (2) Said plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer) with topographic features extended to ten feet (10') beyond the site. All plans shall be drawn on a sheet which is 24" by 36 ". (3) Said plans shall show the approximate location as shown in records of Delray Beach and /or field observations of all existing water, sewer, and drainage facilities along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc. (4) Said plans shall show the proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site, including pertinent calculations, and the method of providing service to the proposed structures. (5) Said plans shall show the method of providing service to proposed structures. (6) Said plans shall show the location of proposed street lights and shall address the responsibility for installation. (7) Bus Shelters: sh el ter (a) Said plans for the following projects shall include a bus (i) A new residential project that has twenty five (25) or more units, (ii) A non - residential project that is greater than 10,000 square feet, (iii) A project that is adjacent to an existing or proposed transit stop. (b) When the placement of a bus shelter for a qualifying project would be located less than the standard minimum distance from an existing shelter implied and determined by Palm Tran), then the project shall contribute the full cost of the purchase and installation of a complete bus shelter. (c) New residential projects that have fewer than twenty five units, non - residential projects that are smaller than 10,000 square feet, or projects that are not located adjacent to a transit stop shall contribute fifty percent (50 %) of the cost of the purchase and installation of a complete bus shelter. ( -78) Surface water management calculation indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with SFWMD (South Florida Water Management District) ORD. NO. 13 -13 regulations. (99) Said plans may include a plan sheet which includes all proposed improvements on one plan sheet at a scale other than what is required in Section 2.4.3 (B) (1). This additional submittal is in addition to plans submitted meeting the scale requirement in Section 2.4.3 (B) (1). Section 3. That Section 2.4.3 "Submission Requirements ", subsection (F) "Final Engineering Plans" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Final Engineering Plans: Final Engineering Plans are construction drawings which have been prepared by a Registered Engineer in a manner acceptable to permitting agencies- and in accordance with the latest version of the City of Delray Beach Minimum Construction Standards and Specifications. (1) Water and sewer plans must be prepared pursuant to requirements of the Department of Health and Rehabilitative Services (HRS). (2) Drainage plans must be prepared pursuant to requirements of the South Florida Water Management District. (3) Street improvement plans must be prepared pursuant to specifications as set forth by the City Engineer for local streets; and, per Palm Beach County or FDOT requirements for streets which are under the jurisdiction of those agencies. (4) Composite utility plans shall show the proposed location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage devices) and shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. Section 4. That the following new Section 6.1.14 "Transit" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be enacted as follows: Sec. 6.1.14 - TRANSIT. Bus shelters shall include a pad, an ADA- compliant boarding and alighting area, and an ADA- compliant structure which includes a mounted trash receptacle, bike rack, bench, and sufficient illumination. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD. NO. 13 -13 Section 7. 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 .2013. ATTEST City Clerk First Readi Second Reading MAYOR ORD. NO. 13 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: July 16, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 13 -13 ITEM BEFORE COMMISSION Page 1 of 1 Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that provides specific criteria for warranting bus shelters and the requirement that they be shown on engineering plans. BACKGROUND Financial contributions towards or the full installation of bus shelters have consistently been required with significant development projects by the City of Delray Beach Engineering Division. While these requirements are supported by the policies of the TCEA (Transportation Concurrency Exception Area), Downtown Development Plan, as well as the Comprehensive Plan, the Land Development Regulations do not currently include specific criteria or requirements for these improvements. This amendment addresses this. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their June 17, 2013 meeting and voted 4 to 0 to recommend approval. RECOMMENDATION By motion, approve Ordinance No. 13 -13 on first reading for a city- initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6955 &MeetingID =484 8/14/2013 MEETING DATE: AGENDA NO: PLANNING AND ZONING BOARD STAFF REPORT JUNE 17, 2013 VI. C. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.3 "SUBMISSION REQUIREMENTS ", SUBSECTION (D) "PRELIMINARY ENGINEERING PLANS" AND SUBSECTION (F) "FINAL ENGINEERING PLANS" TO PROVIDE FOR BUS SHELTERS; ENACTING A NEW SECTION 6.1.14 "TRANSIT" TO PROVIDE CRITERIA ASSOCIATED WITH TRANSIT STOPS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City - initiated amendment to the Land Development Regulations (LDRs) providing specific criteria for warranting bus shelters and the requirement that they be shown on engineering plans. The Board voted to table the item at its May 20, 2013 meeting, and directed staff to investigate several questions and concerns (see background). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Financial contributions towards or the full installation of bus shelters have consistently been required with significant development projects by the City of Delray Beach Engineering Division. While these requirements are supported by the policies of the TCEA (Transportation Concurrency Exception Area), Downtown Development Plan, as well as the Comprehensive Plan, the Land Development Regulations do not currently include specific criteria or requirements for these improvements. This amendment addresses this. At its May 20, 2013 meeting, the Board raised the following questions and concerns: If a shelter is already in place, and a new project is proposed near that existing shelter, where do you draw the line in how much each person pays? Each project would pay their full amount toward a bus shelter if one already exists. Those funds would be utilized to install shelters elsewhere in the system should one already be in place in the vicinity of the new project. Therefore, there is no pro rata share obligation. What is the minimum allowable distance between shelters? The minimum distance depends upon the location along the system. Palm Tran uses FDOT District 4 Transit Facilities Guidelines (Version 2, April 2004), Per Section A.6 Bus Stop Spacing: a) Central Business District: 300 -1,000 Feet b) Urban Areas: 500 -1,200 feet Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters c) Suburban Areas: 600 -2,500 feet d) Rural Areas: 650 -2,640 feet Would there be an account set up for the in -lieu payment? In the past, the fee has been deposited into the General Construction Fund as Developer Contribution Transit Bus Stop Shelters. Per the city Finance Department, the fee will be deposited into a deferred revenue account, but current discussions are underway on the process to accept these fees for future collections. When is the bus shelter fee paid? The fee must be paid prior to issuance of the building permit. Can we include a requirement for sufficient lighting? Provisions for sufficient lighting have been added to the pending ordinance. ANALYSIS The amendment specifies that new residential projects of 25 or greater units, non - residential developments measuring more than 10,000 square feet, or any development located adjacent to a transit stop, must include a bus shelter. Projects not meeting these development thresholds, as well as those that are not located adjacent to a transit stop, are required to contribute 50% of the cost to purchase and install a complete bus shelter. A qualifying project that would have its required shelter located less than the standard minimum distance from an existing shelter (applied and determined by Palm Tran), would be required to pay the full amount into a deferred revenue account. Such funds would be available to construct bus shelters at other locations in the public transit system. This amendment also lists the features of a bus shelter improvement that must be shown in accord with subsection 6.1.14- Transit, which include a pad, an ADA- compliant boarding and alighting area, and an ADA - compliant structure which includes a mounted trash receptacle, bike rack, bench, and sufficient lighting. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following goal, objective and policy apply: Transportation Element GOAL AREA "A" THE CITY'S TRANSPORTATION SYSTEM SHALL ACCOMMODATE FUTURE GROWTH THROUGH IMPROVEMENTS TO ITS STREET SYSTEM, INCLUDING MULTI- MODAL, PEDESTRIAN, BICYCLE AND PUBLIC TRANSPORTATION, AND ALTERNATIVES THERETO DIRECTED TOWARD ENHANCING ACCESSIBILITY, FACILITATING TRAFFIC FLOW THROUGH REAL TIME TRAFFIC MONITORING AND TRAFFIC DEMAND MANAGEMENT INITIATIVES, AND DOING SO IN A CONVENIENT, SAFE, AND EFFICIENT MANNER. 2 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters Objective A -1 Alternatives to use of the automobile through the provision of a safe, convenient and energy efficient integrated multimodal transportation system shall be made available to Delray Beach residents and visitors through the following policies: Policy A -1.5 New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. This amendment implements the comprehensive plan goal to accommodate future growth by improving the street system by improving access to public transportation. The amendment promotes the specific language identified under Policy A -1.5. The amendment also implements requirements of our TCEA (Transportation Concurrency Exception Area) designation which centers around providing and promoting transportation options other than single occupant vehicles. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Delray Citizen's Coalition Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment provides specific warrants to determine which developments must either contribute toward or provide for bus shelters. The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 3 Planning and Zoning Board Meeting, June 17, 2013 LDR Amendment -Bus Shelters RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.3 "Submission Requirements ", Subsection (D) "Preliminary Engineering Plans" and Subsection (F) "Final Engineering Plans ", and enacting a new Section 6.1.14 "Transit" to Provide Criteria Associated with Transit Stops, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ■ Proposed Ordinance 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 14 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for a public hearing to consider an amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". BACKGROUND At the first reading on July 25, 2013, the Commission passed Ordinance No. 14 -13. In response to feedback from the first reading of the proposed section "99.08 Notice of Violation/Penalty ", penalties for the third, fourth, fifth and more offenses to come before the code board have been increased to $5,000.00, $10,000.00, and $15,000.00 respectively. In addition, this section has been changed to allow business tax conditions to be imposed on the third or more offenses to come before the code board within a year. RECOMMENDATION Recommend approval of Ordinance No. 14 -13 on second and final reading. ORDINANCE NO. 14 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS "COMMERCIAL AREA ", "INDUSTRIAL AREA" AND "OFFENSE "; AMENDING SECTION 99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME, TO AMEND DISTANCE AND TIME REQUIREMENTS, AND TO ADD PROVISION FOR AIRCRAFT; AMENDING SECTION 99.04 "EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT ORDERS "; AND AMENDING SECTION 99.08 "PENALTY" TO CLARIFY SAME AND TO ADD PENALTIES; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and, WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. ,See DA Mortgage, Inc. v. City ofMiami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007). WHEREAS, the City Commission of the City of Delray Beach desires to protect residents and visitors of the city from unreasonably loud and excessive sound at all times, and to provide stricter enforcement standards after 11:00 p.m.: and, WHEREAS, the City Commission of the City of Delray Beach desires to provide stricter enforcement standards after midnight (12:00 a.m.) for noise emanating from businesses in the downtown core. WHEREAS, the City Commission of the City of Delray Beach desires to impose business tax receipt conditions on business owners who are adjudicated guilt,: of five or more violations of Chapter 99. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.02. - DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aircraft, An): self-propelled motor vehicle or contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, including but not limited to powered paragliders. Amplification device. Any instrument, machine, or system, which by electronic means augments sound by increasing the sound level or volume. Amplified sound. Sound augmented by any electronic means that increases the sound level or volume. ORD. NO. 14 -13 O� � Y Y _ One day. A 24 -hour period from noon to noon. Premises. Any real property or parcel of land, including the buildings, structures or other improvements thereon. Residential area. For purposes of this chapter only, residential area shall include the following zoning districts: (1) R -1 -AAA; (2) R -1- AAA -B; (3) R -1 -AA; (4) R- 1 -AA -B; (5) R -1 -A; (6) R- 1 -A -B; (7) RM; (8) RR; (9) A; (10) PRD; (11) MH; (12) RL; (13) Community Facilities (CF); (14) Open Space (OS); (15) Open Space &amp; Recreation (OSR); and (16) Conservation District (CD). Structure. A building of any kind, either temporary or permanent, which has a roof over it. Violator. A person or entity determined or cited by a code inspector or a law enforcement officer as being in violation of the provisions of this article. Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ORD. NO. 14 -13 Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter: (1) Radios, televisions, musical instruments, loudspeakers, etc. Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. (a) The operation of any such set, instrument, machine or device between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property surrounding the device or the building, structure, or vehicle in which the device is located, except as set forth in Section 99.03"A (1)(a)(i), shall be prima facie evidence of a violation of this section. (i) For buildings or structures used for commercial purposes in the shaded area designated in the map below, operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of midnight (12:00 a.m.) and 7:00 a.m. on Friday and Saturday in such a manner as to be plainly audible at a distance of 100 feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section. ORD. NO. 14 -13 ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompan):ing illustration. s Sound Source 100 . � 10J0' Property Line N g NE 2nd Street v 4 z v c - rriaiiii} v Atlantic Avenue L v 4 c � v o LL � C � •� 7 � O L L O *! z SE 2n Street ii) The 100 -feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompan):ing illustration. s Sound Source 100 . � 10J0' Property Line N g ORD. NO. 14 -13 - - rriaiiii} -- - - -�� - -- ORD. NO. 14 -13 (b) Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. (2) Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos. (3) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound. (4) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration. (a) The provisions of subsection (A) (4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty -four (24) hours a day in conjunction with construction work. Subsection (A) (4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05. (b) The provisions of subsection (A) (4) shall not apply to the use of domestic power tools subject to subsection (A)(12)of this Section. (5) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound. (6) Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m. ORD. NO. 14 -13 (7) Stationag Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to division (A) (4) (a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air - handling systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring property line. (8) Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable. (9) Stationary Nonemergency Signaling Derices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision. (10) Emergency Signaling Derices. (a) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A) (10) (b) of this Section. (b) (1) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators. (2) Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A) (10) (b) (1) shall not apply to the complete system testing. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112. (11) Motor Vehicles Operating on a Public Kz,&- of -Vay. Motor vehicles on a Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended. (12) Domestic Pourer Tools. Operating or permitting the operation of any ORD. NO. 14 -13 mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8 p.m and 7 a.m. (13) Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street. (14) Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices. (15) Weration of aircraft; mu ers. Operating an aircraft over the corporate limits of the City p y that is not equped with an adequate muffler ordinary for an): such aircraft. Said muffler must be used in constant operation so as to prevent and excessive or unnecessary noise. Section 4. That Section 99.04 "Exemptions" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.04. - EXEMPTIONS. The provisions of this Chapter shall not apply to: (A) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles; (B) Parades, fireworks displays, and other activities for which a permit has been obtained from the City Manager or his /her designee pursuant to Section 99.05, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit; or (C) The emission of sound in the performance of an activity for which, pursuant to this Chapter, the City Manager has expressly given a , temporary permit pursuant to Section 99.05. (D) Noises resulting from emergency work, including but not limited to the use of generators or other equipment by communications and public utility companies in connection with a commercial power outage and /or restoration of service operations and the use of emergency generators due to loss of power other than non - payment of utility services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00 p.m. and shall not occur more than once in each week. Section 5. That Section 99.05 "Temporary Permits" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ORD. NO. 14 -13 Sec. 99.05. - TEMPORARY PERMITS. (A) Requirements and procedures. The City Manager or his or her designee is authorized to issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this section. The City Manager may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this awe section shall contain all conditions upon which the permit has been granted, including the decibel limit and the period of time for which the permit has been granted. Such relief may be granted in the following situations: (1) 34ecial events. When an applicant is appl, iinng for a Special Use permit, a tempora!:� permit to allow noise ma,T� granted at the same time. A special event is a non - routine happening or social activi , bringing people together in a defined area on City facilities, right of wad, or private property which requires City services to ensure safety and coordination. Special events include, but are not limited to, activities such as festivals, concerts,, _sporting events, parades, walks and runs, etc. (2) Temporary events. When an applicant plans to engage in tempora uses or activities on private property which do not significantly endanger the health, safety or welfare of the community, but which may be in technical violation of the requirements of this Chapter, a temporary permit may be issued to permit noise produced by the event. Temporary events include, but are not limited to, store openings, outdoor markets, carnivals, etc. (3�) Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this Chapter, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten (10) consecutive days. (4-2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with Section 99.03, notwithstanding that all equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes all noise baffling methods as specified by the manufacturer. (a) The City Manager may authorize any necessary construction activities to occur earlier and /or later than normally allowed based upon a finding that: 1. There are no reasonable alternatives; 2. There are no prior code violation adjudications or fines and no pending construction noise violation cases against the property owner, contractor, or the construction site; and 3. There is a significant community need, public purpose or benefit. ORD. NO. 14 -13 (b) The work authorized by the City Manager may be conditioned upon reasonable notice to surrounding property owners and tenants. Permits issued pursuant to such authorization shall not exceed seven (7) consecutive days. (c) Notwithstanding the provisions 4-2 (a) and (b), temporary permits shall be subject to authorization by the building official under emergency circumstances or when the building official determines that for reasons of technical necessity work earlier or later than the time frames normally allowed or on any day (including Sundays or national holidays) is required. The work authorized by the building official pursuant to this subsection shall be conditioned upon reasonable notice to surrounding property owners and tenants. (B) Violation of temporary permit. Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in Section 99.08. (C) Revocation of temporary permits. Any temporary permit may be immediately revoked if the City Manager finds that an emergency condition exists involving serious danger to the public health, safety, or welfare; if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process; or that there was a failure to comply with any condition of a particular temporary permit. (D) The issuance of a temporary permit is a privilege and does not constitute a right or expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not constitute or be deemed precedent for the granting of any future permits. (E) Appeals. Appeals of the decision of the City Manager or his /her designee shall be made to the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial. Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County. Section 6. That Section 99.06 "Notice of Violation" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed it in its entirety: - - - -- -- - - -- - - - -- - -- - - .. - - Section 7. That Section 99.07 "Abatement Orders" of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed it in its entirety: ORD. NO. 14 -13 I IM 0101 - -- - - - 111 - .. -- - - - -- - - - -- - - Section 8. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 99.08. — NOTICE OF VIOLATION /PENALTY. (A) ftf4e.�A code enforcement officer or a law enforcement officer may issue a civil citation for a violation of this Chapter pursuant to the procedures and amounts listed in Section 37.45 of this City 's Code of Ordinances. Each violation shall constitute a separate instance for which a separate fine may be imposed. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. A violation shall be deemed to have occurred on the date that the noise incident occurred. A violation occurring twelve (12) months after the last violation shall be treated as a first violation for purposes of incurring new fines and penalties. B) A code enforcement officer or law enforcement officer may issue a notice of violation of this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to the procedures listed in Section 37.36 of this City 's Code of Ordinances and in accordance with the amounts listed below: (1) If the offense is the first offense to come before the code enforcement board, a maximum fine of $250.00 may be imposed upon a finding of guilt by the code enforcement board. (2) If the offense is the second offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $500.00 mad be imposed upon a finding of guilt by the code enforcement board. (3) If the offense is the seee)ftd third offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $1000.00 5000.00 may be imposed upon a finding of guilt by the code enforcement board. In addition. business tax receipt conditions may be imposed limiting the ability to produce any live or amplified sound at that portion of the premises that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances. ORD. NO. 14 -13 (43) If the offense is the thifd fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $3000.00 $10,000.00 may be imposed upon a finding of guilt by the code enforcement board. In addition, business tax receipt conditions may be imposed limiting the ability to produce any live or amplified sound at that portion of the premises that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances. (54) If the offense is more than the thifd fourth offense to come before the code enforcement board within the preceding 12 months, a maximum fine of $5000.00 $15,000.00 may be imposed upon a finding of guilt by the code enforcement board. In addition, business tax receipt conditions may be imposed limiting the ability to produce any live or amplified sound at that portion of the premises that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances. { (6) For the purposes of this section, "offense" shall mean a finding of violation by the Code Enforcement Board. ' - ' ' " ~ ~ —1 ° ~ ff ~ An offense shall be deemed to have occurred on the date the violation occurred. An offense occurring twelve 12� months after the last offense shall be treated as a first offense for purposes of incurring new fines and penalties. (C) This Chapter shall be enforced using procedures set forth in this Chapter, Seel e 37 ^ 5Chapter 37 -e° �~ �� n�of the City's Code of Ordinances, or by any other means available to the City. 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. 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 upon its passage on second and final reading. ORD. NO. 14 -13 PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 12013. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 14 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM 11.C. -REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 14 -13 ITEM BEFORE COMMISSION Page 1 of 3 The attached Ordinance 14 -13 is amending Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". BACKGROUND This ordinance is before the Commission for discussion of proposed revisions to the following sections of Chapter 99 "Noise Control ": 1. Section 99.02 "Definitions" This section has been updated to add the definition "aircraft" to mean self - propelled air vehicles including powered paragliders. This section has also been updated to remove the definitions "Commercial area" and "Industrial area" because the chapter does not contain any express regulations governing these areas. The definition of "offense" has been moved to Section 99.08 "Penalty" (see below). Finally, the definition for "Violator" has been revised to add "law enforcement officer" as a person who has the authority to cite a violator of Chapter 99 "Noise Control ". 2. Section 99.03 "Loud and Unnecessary Noises Prohibited" o Subsection(A)M: "Radios, televisions, musical instruments, loudspeakers, etc" This section has been updated to reflect feedback from residents and business owners. Under the proposed revision, sound from radios, televisions, musical instruments, loudspeakers, and similar devices at any time that is unreasonable, excessive or unnecessary shall be a violation. A stricter "plainly audible" standard has been added for the following times and areas: http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6979 &MeetingID =484 8/14/2013 Coversheet Page 2 of 3 • For all areas of the City: Sound that is plainly audible 100 feet away after 11 p.m. shall be a violation. Alternatively, sound after 11 p.m. that an officer believes to be excessive and unnecessary shall be a violation. • For businesses in the downtown core area: Sound that is plainly audible 100 feet away after midnight on Friday and Saturday night only shall be a violation. Sound that is plainly audible 100 feet away after I1 p.m. on all other nights shall be a violation. Alternatively, sound at any time that an officer believes to be excessive and unnecessary shall be a violation. • The downtown core has been defined as the area between NE 2nd Street and SE 2nd Street between Swinton Avenue and Northbound Federal Highway. o Subsection (A)(4) "Construction" This section has been revised so as to prohibit unreasonable or excessive vibration caused by commercial construction activities. o Subsection (A) (8) "Vibration" This section has been revised to indicate that vibration that is "unreasonable" will be a violation. This change was made to make the standard for vibration consistent with the standard for noise. o Subsection (A) (1 S) "Operation o aircra t; muf ers " This section has been added to indicate that the use of aircraft, as defined in this chapter, over the corporate limits of the City without a muffler that is adequate to prevent excessive and unreasonable noise will be a violation. 3. Section 99.04 "Exemptions ", Subsection (C) This section has been revised to remove the option to obtain a temporary emergency exception. This change is intended to streamline the temporary permit procedures available to the City Manager. 4. Section 99.05 "Temporary permits ", Subsection (A) "Requirements and Procedures" This section has been revised to expressly provide for special events that take place on public property and for temporary events that take place on private property. Under the present Noise ordinance, the City Manager has the authority to issue permits for these kinds of events. Under the proposed revision, the availability of permits for these events is expressly stated. 5. Section 99.06 "Notice of Violation" This section has been deleted in its entirety. The process to address violations of the Noise ordinance is now fully described in Section 99.08 "Penalty ". 6. Section 99.07 "Abatement Orders" This section has been deleted in its entirety. Section 99.08 "Penalty" now directs readers to Chapter 37, which describes abatement procedures in detail. 7. Section 99.08 "Penalty" _ http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ltemlD= 6979 &MeetingID =484 8/14/2013 Coversheet Page 3 of 3 This section has been revised to indicate that there are two procedures available to enforce the Noise ordinance. Subsection (A) describes the process for a civil citation. Subsection (B) describes the process for a notice of violation. The maximum fine allowed for a repeat violation under a civil citation is $500. In contrast, the maximum fine allowed for a repeat violation under a notice of violation is $5000 upon a finding of guilt by the code enforcement board. The procedure described in Subsection (B) is available to address violators who have had excessive repeat violations within a calendar year. Subsection (B) has been revised to allow the City to impose conditions on a repeat violator's business tax receipt that limit the violator's ability to produce live or amplified sound in that area of the premises that caused the violations. In addition, the maximum fine for a second violation under a notice of violation in this subsection has been changed to $500 to be consistent with the maximum fine allowed for a second violation under a civil citation. RECOMMENDATION The City Attorney's office recommends City Commission approval. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 6979 &MeetingID =484 8/14/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 16 -13 ITEM BEFORE COMMISSION This item is before Commission to amend Chapter 110 "Local Business Taxes Generally" by enacting Section 110.17 "Conditions; Notification; Hearing ". BACKGROUND At the first reading on July 25, 2013, the Commission passed Ordinance No. 16 -13. In response to feedback from the first reading of this ordinance, this ordinance has been changed to give the City the authority to impose conditions on a business tax receipt upon three or more violations of Chapter 99, instead of five or more violations as stated in the first reading of this ordinance. RECOMMENDATION Recommend approval of Ordinance No. 16 -13 on second and final reading. ORDINANCE 16 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 110.17 "CONDITIONS; NOTIFICATION; HEARING" TO ALLOW THE CITY TO IMPOSE CONDITIONS ON A BUSINESS TAX RECEIPT FOR REPEATED NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has determined that excessive sound is a serious hazard to public health, welfare, safety and the quality of life; and, WHEREAS, people have a right to and should be ensured an environment free from unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and, WHEREAS, the City Commission of the City of Delray Beach desires to prevent such unreasonably excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and, WHEREAS, the City Commission wishes to impose conditions on business tax receipts that limit live music or amplified sound on business owners that are repeatedly found guilty of violating the City's noise ordinance in certain limited circumstances; 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 110 "Local Business Taxes Generally" shall be amended by enacting Section 110.17 "Conditions; Notification; Hearing ", as follows: Sec. 110.17 — Conditions, Notification; Hearing In the event that the business tax receipt taxee or his or her agent has been found guilt,L,T the code enforcement board of three or more violations of Chapter 99 of this City's Code of Ordinances within the preceding 12 months, the Ci , Manager or his or her designee ma,: impose conditions on the business tax receipt that limit the business' abilit,T� produce any live or amplified sound on that part of the premises that caused the violations pursuant to Section 99.08 of this Citv's Code of Ordinances. Upon notice that the taxee or his or her agent has been found guilty of three or more violations of Chapter 99 as above, the Ci , may initiate the following procedure: ai The City shall issue an order in writing to the taxee, by certified mail or hand deliver, notif i him to appear at an administrative hearing before the Ci , Manager or his designee to be held at a time and place to be fixed on such an order, which date shall be not less than ten (10) days after service thereof. b The Ci , Manager or his designee shall conduct the hearing at the time and place specified in the notice and make .a determination pertaining to the disposition of the business tax receipt in question. The proceedings shall be informal but shall afford the taxee the right to testify in his own defense, present witnesses, be represented by legal counsel, submit relevant evidence, cross examine witnesses and obect to evidence. (c) The proceedings shall be recorded and minutes kept by the City. Any taxee requiring verbatim minutes for judicial review may arrange for the services of a court reporter at his own expense. (d) Within ten days of the close of the hearing, the Ci , Manager or his designee shall render his decision in writing determining whether or not conditions shall be imposed on the tax receipt and stating his reasons and findings of fact. (e) The Ci Manager or his or her designee shall file his findings with the city clerk and shall send a true and correct copy of his order by certified mail, return receipt requested, or by hand deliver, to the business address listed on the business tax receipt or to any such other address as the taxee or applicant shall designate in writing, (fl The findings of the Ci , Manager or his designee shall constitute the final administrative action of the City for the purposes of judicial review under state law. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its passage on second and final reading. 2 ORD. NO. 16 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 16 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM 11.D. -REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 16 -13 ITEM BEFORE COMMISSION Page 1 of 1 The attached Ordinance 16 -13 is amending Chapter 110 "Local Business Taxes Generally" by enacting Section 110.17 "Conditions; Notification; Hearing ". BACKGROUND This ordinance is before Commission for approval to enact Section 110.17 "Conditions; Notification; Hearing" to allow the City to impose conditions on a business tax receipt for repeated noise violations to comport with changes to Chapter 99 "Noise Control" as described in proposed Ordinance 14 -13. The Section provides for a notice requirement and a procedure for a hearing before the City Manager, with the City Manager's decision to impose conditions to be the final administrative action of the City. RECOMMENDATION The City Attorney's office recommends City Commission approval. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID =6981 &MeetingID =484 8/14/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 15 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24, "Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain aircraft flying over the City. BACKGROUND At the first reading on July 25, 2013, the Commission passed Ordinance No. 15 -13. RECOMMENDATION Recommend approval of Ordinance No. 15 -13 on second and final reading. ORDINANCE NO. 15 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida desires to protect and enhance the public safety of the municipal beach; and, WHEREAS, City Commission of the City of Delray Beach, Florida desires to increase the altitude requirements for certain aircraft that are operated over the city, and to create exceptions for emergencies and for taking off and landing. WHEREAS, the City Commission of the City of Delray Beach, Florida desires to specify the altitude requirements for certain aircraft that are operated over the Atlantic Ocean near the shoreline. 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 101 "Municipal Parks, Beaches And Other Recreational Sites ", Section 101.24 "Traffic Regulations" of the Code of Ordinances of the City of Delray Beach, Florida, be and is hereby amended to read as follows: Sec. 101.24. -TRAFFIC REGULATIONS. (A) No person shall drive, propel or cause to be driven or propelled along or over any road within any park, any vehicle at a greater rate of speed than posted, and in any event, not more than twenty -five (25) miles per hour. (B) No person shall use, operate or propel or cause to be used, operated, or propelled a hang glider, power glider, powered paraglider, parachutes, motorized parasail or any other similar craft that flies overhead except for hot air balloons, airplanes, jets and /or helicopters e) r wifhi _ at the following altitudes: (1) Less than five hundred (500) feet above the corporate limits of the City, except in an emergency or while taking off and landing which shall be made in the most direct and prudent manner. (2) Less than three hundred (300) feet above the Atlantic Ocean in the area within 300 horizontal feet of the shoreline. (C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other vehicle within a park, recreation or municipal beach site except in places designated for such purposes. (D) Laws of the City requiring lights on vehicles shall apply to vehicles in a park, recreation or municipal beach site. (E) Vehicles shall be restricted to drives, roadways, paths, walks and trails established for such purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular travel. (F) No motor vehicles shall be driven upon the municipal beach without a written permit from the Parks and Recreation Department except for emergency vehicles, maintenance vehicles, and vehicles used to transport injured and disabled persons authorized by the City. (G) All ordinances of the City with respect to vehicles shall be in full force and effect in the parks of said City. (I� No person shall ride any horse or other animal within any park and recreation site, except upon bridle paths designated as such. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 ORD. NO. 15 -13 Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. ATTEST: City Clerk First Reading Second Reading MAYOR ORD. NO. 15 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: July 18, 2013 SUBJECT: AGENDA ITEM 11.E. - REGULAR COMMISSION MEETING OF JULY 25, 2013 ORDINANCE NO. 15 -13 ITEM BEFORE COMMISSION Page 1 of 1 The attached Ordinance 15 -13 is amending Chapter 101 "Municipal Parks, Beaches, and Other Recreational Sites ", Section 101.24 "Traffic Regulations ". BACKGROUND This ordinance is before Commission for approval to update Section 101.24 "Traffic Regulations ", Subsection B to increase the altitude requirements for certain aircraft that are operated over the City, with exceptions for emergencies and for taking off and landing. In addition, Subsection B has been updated to specify the altitude requirements for certain aircraft that are operated over the Atlantic Ocean near the shoreline. RECOMMENDATION The City Attorney's office recommends City Commission approval. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 6980 &MeetingID =484 8/14/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: August 14, 2013 SUBJECT: AGENDA ITEM A.G. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 17 -13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment"; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings ", in their entirety. BACKGROUND At the first reading on August 6, 2013, the Commission passed Ordinance No. 17 -13. RECOMMENDATION Recommend approval of Ordinance No. 17 -13 on second and final reading. ORDINANCE NO. 17 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32 "DEPARTMENTS, BOARDS AND COMMISSIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF TERMS; RESTRICTIONS ", FOR THE PURPOSE OF REMOVING REFERENCE TO THE NEIGHBORHOOD ADVISORY COUNCIL; REPEALING SECTIONS 32.45, "ESTABLISHMENT "; 32.46, "COMPOSITION; APPOINTMENT; TERMS "; 32.47, "ORGANIZATION "; 32.48, "QUALIFICATIONS OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ", 32.50, "MEETINGS ", IN THEIR ENTIRETY; AND PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has decided to dissolve the Neighborhood Advisory Council. 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 32, "Departments, Boards and Commissions ", Section 32.08(E), "Length of Terms; Restrictions ", shall be amended to read as follows: (E) No member of any advisory board or Committee may concurrently serve on another advisory board or Committee. However, this prohibition shall not apply if an ordinance and /or resolution expressly provides that the membership of an advisory board or Committee includes, as part of its membership, the member(s) of another specifically named advisory board or Committee. In such a case, a member of the specifically named advisory board or Committee is eligible to serve on two (2) or more advisory boards or Committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad hoc Committee or may serve as an advisory board or Committee member and a member of a task force or ad hoc Committee without being expressly provided for by an enacting ordinance or resolution. Dual memberships, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. Section 3. That Chapter 32, "Departments, Boards and Commissions ", Sections 32.45, "Establishment ", 32.46, "Composition; Appointment; Terms ", 32.47, "Organization ", 32.48, "Qualifications of Members; 32.49, "Duties and Responsibilities" and 32.50, "Meetings ", shall be repealed in their entirety as follows: iRrGuunnunnr) or)3rrSORY GOUNGrr See. 32.45. ESTABLISHMENT. ORD. NO. 17 -13 See. 34.46. COMPOSITION; A PPOI TAiiL'N T; TERMS. See. 32.47. ORG A NIZ A'TION See. 32 48 OF MEMBERS. QUALIFICA-TIONS ORD. NO. 17 -13 -- - - - - -- - - -- -- - - -- - -- - ORD. NO. 17 -13 IZ JZ , Im 7 lM, 1" -- - - - - -- - - -- -- - - -- - -- - ORD. NO. 17 -13 i�l lf!l -1 11 E Ml4ff! - -- !f WIN MEN! 'iqig� Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12013. ATTEST City Clerk First Reading Second Reading MAYOR 4 ORD. NO. 17 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: July 24, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013 ORDINANCE NO. 17 -13 ITEM BEFORE COMMISSION Page 1 of 1 The attached Ordinance No. 17 -13 amends Section 32.08 (E) which eliminates reference to the Neighborhood Advisory Council and repeals Sections 32.45, 32.46, 34.47, 34.48, 32.49, and 32.50 in their entirety. BACKGROUND The City Commission appreciates the service of all of the members of the Neighborhood Advisory Council, but pursuant to staff's recommendations, the City Commission stated a desire to eliminate the Neighborhood Advisory Committee (among others) at their July 16, Special Workshop meeting in order to reduce staff time and resources. This is one of the few Boards that is not required by state law or City Charter and it was discussed that the City Commission can create a project- specific task force to review items as necessary in the future. RECOMMENDATION The City Attorney's office recommends City Commission approval. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?Item1D =6991 &MeetinglD =456 8/14/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, LEED (GA), DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIS CHAPMAN, JR., CITY MANAGER DATE: August 14, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF AUGUST 20, 2013 ORDINANCE NO. 18 -13 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 2 Fisher Lane, as "Two Fisher Lane ", and list it on the Local Register of Historic Places. BACKGROUND The subject property is located at 2 Fisher Lane North on the east side of the street, south of NE 5th Street. The property also fronts on the Intracoastal Waterway. The property contains a one - story, single - family residence constructed in 1941. Although slightly altered over the years, the building and site have maintained their historic integrity. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (13)(2) for its historical and cultural significance. The residence at 2 Fisher Lane meets the above criteria as many of Delray Beach's pioneers and business and community leaders are connected with the property. The property was first owned by Adolf and Anna Hofman, one of Delray's first settler families. The house was built for M. Fisher Wright, for whom Fisher Lane was named. Among other notable property owners, the current owner, Mr. Charles Hardiman, is a 55 year resident of Delray Beach and has served on the Boards of many local organizations. The structure also fulfills the criteria of (13)(3) due to its architectural or aesthetic significance., exemplified by the "Resort Colonial Revival" style. The style is indicative of design trends at a time when Delray Beach was a popular winter destination and the buildings were influenced by New England architecture yet maintained a Florida typology. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the subject designation at its meeting of August 7, 2013, where a recommendation of approval was made to the City Commission. RECOMMENDATION Move approval on first reading of Ordinance No. 18 -13 to place the property located at 2 Fisher Lane on the Local Register of Historic Places as "Two Fisher Lane ", by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Section 4.5.1(B) of the Land Development Regulations. ORDINANCE NO 18 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING TWO FISHER LANE, LOCATED AT 2 FISHER LANE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and, WHEREAS, Charles Hardiman, as property owner, has nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on August 7, 2013, the Historic Preservation Board of the City of Delray Beach recommended 5 to 0 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum Staff Report; and, WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan; and, WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -wit: Section 3 That the Planning and Zoning Director of said City shall, upon the effective date of this Ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4 That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Clerk First Reading Second Reading Ord No 18 -13 I - 6`1 0767*"Ill mo ■ a I- Lel J. HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "Two Fisher Lane" Property Address: 2 Fisher Lane HPB Meeting Date: August 7, 2013 File No: 2013-189 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "Two Fisher Lane" located at 2 Fisher Lane, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 2 Fisher Lane North on the east side of the street, south of NE 5th Street. The property also fronts onto the Intracoastal Waterway. The property contains a one - story, single- family residence constructed in 1941. Although slightly altered over the year, the building and site have maintained their historic integrity. The designation report is attached which includes an in depth historic depiction of the property, photographs, original plans and additional relevant materials. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both September 20 and October 2, 2012. The designation is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(B), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below,. The subject structure meets the following criteria: (13)(2) Historical or cultural significance: (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; STAFF COMMENT: The residence at 2 Fisher Lane meets the above criteria in that many of Delray Beach's pioneers and business and community leaders are connected with the property. The property was first owned by Adolf and Anna Hofman, one of Delray's first settler families. The house was built for M. Fisher Wright, for whom Fisher Lane was named. Among other notable property owners, the current owner, Mr. Charles Hardiman, is a 55 year resident of Delray Beach and has served on the Boards of many local organizations. E 7' c,her Designation 2013-189 !-iPB Nleetica Septerr €be, 19, 20122 Page: 2 of 7 (B)(3) Architectural or aesthetic significance: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles, (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. STAFF COMMENT: The architectural significance is exemplified by the "Resort Colonial Revival" style. The style is indicative of design trends at a time when Delray Beach was a popular winter destination and the buildings were influenced by New England architecture et maintained a Florida t olo Comprehensive Plan Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines ". Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for August 20 and September 3, 2013, COURTESY 1 PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 2 Fisher Lane. Courtesy Notices of the Public Hearing were sent to the Neighborhood Advisory Council, Delray Citizens Coalition, and the Palm Trail Homeowners Association. Letters of support or objection, if any, will be presented at the HPB meeting, vqo Fisher i c S'i i 3c IC 3c�E a €?; 2013--182 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "Two Fisher Lane" be listed in the Local Register of Historic Places at 2 Fisher Lane, 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 Sections 4.5,1(B) and 4.5.1(C) of the Land Development Regulations, C, Move a recommendation of denial to the City Commission that "Two Fisher Lane" not be listed in the Local Register of Historic Places at 2 Fisher Lane, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(8) and 4.5.1(C) of the Land Development Regulations. RECOMMENDATION Move a recommendation of approval to the City Commission that "Two Fisher Lane" be listed in the Local Register of Historic Places at 2 Fisher Lane, 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: `Two Fisher Lane" Designation Report Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner Two Fisher Lane 2 Fisher Lane Delray Beach, Florida 33483 Las Palmas Subdivision Table of Contents o General Information Site Inventory Owner's Consent Owner's Designation of Agency Affidavit o Location Map o Property or Site Inventory o Architecture Significance o Historical and Cultural Significance o Statement of Significance o Appendix A: Photographs (Author: Hardiman family photographs) o Appendix B: Florida Master Site File Forms o Appendix C: Plans and permits as back -up for Architectural and Cultural Significance Author: Dorothy W. Patterson 250 S. Ocean Blvd. Apt. 264 Delray Beach, Florida 33483 (561) 278 -2191, 716 -3425, summerpatt @bellsouth.net Location: Two N.E. Fisher Lane, Lots 40 and 41 in Las Palmas Subdivision PCN: 12 43 46 09 31 000 0400 Legal Description: Lots 40 and 41 of LAS PALMAS SUBDIVISION, according to the plat thereof recorded in Plat Book 10, page 68, of the Public Records of Palm Beach County, Florida. Together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 3.2 -68, lying between the prolongation East of the North property line of said Lot 40 and the South property line of said Lot 41. Together with all easements, tenements, hereditaments and appurtenances belonging to the property. Zoning: Zoned for Single Family homes and used for Single Family home. (R -1 AA) Proposed Classification: Local Historic Designation under both Architectural and Cultural /Historic significance. Residence built for Mr. & Mrs. M. Fisher Wright in 1941 Additions by W. Cottingham Allen owner • Two -car Garage built at front, north side of site, 1951. • Swimming pool built 1951, rear of house w/ Intracoastal view. • Viking Sauna, now pool house, built in 1966. i. (A separate form must be completed by each property owner, or the property owner's of each property to be considered for removal from or expansion into the historic district_) I, A R L-(-= 6 V, V Hardiman , the fee simple owner of the property (Owners Name(s)) located at 2 Fisher Lane , Delray Beach, Florida, hereby (Property Address) support the petition to the City of Delray Beach for a historic designation for Two Fisher Lane (Proposed Historic Site /District Name) I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. I consent to inspection and photographing of the subject property by the Planning and Zoning Department Staff for purposes of consideration of this application and/or presentation to the approving body. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not returnable_ Owners Signature) (Owner's Signature) The foregoing instrument was acknowledged before me this 5 ___ day of 1011 , 20_L_a by cL .. who is personally known to me or has produced (type of identification) as identification and who did (did not) tape an oath. (Printed Name of Notary Public) Commission # -'DD 9cXj: 454 My Commission Expires to ""4 The foregoing instrument was acknowledged before me this day of 20^ by who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed Name of Notary Public) Commission # My Commission Expires (VOTARY'S SEAL..) ?u$ 4dota� Public Stale of Florida n a° lr Margaret L Pendleton Wy Commission Dp928459 �O ¢ Expires 10/1712013 s'r ._ - �'' "City of Delray Beach, Historic Designation Application OWNEWS DESIGNATION Y (This form roust be completed by ALL property owners if designating an A,eent) L� f �` Hard iman I, Vr � ,the fee simple owner of the property (Owner's Name(s)) located at 2 Fisher Lane Delray Beach, Florida, hereby (Property Address) affirm that Dorothy W. Patterson (Applicants /Agent's Name) to act as agent of this application on my behalf. is hereby designated I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, and are not returnable_ Gam" (Owner's tign ature) (Owner's Signature) The foregoing instrument was acknowledged before me this / :�i— , day of 20 1.3 - - - -- by who Is personaliy known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed name of Notary Public) Commission # D D yid - 5— My Commission Expires �2, 1;7_A -013 r The foregoing instrument was acknowledged before me this , day of 20 by who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. (Printed dame of Notary Public) Commission Ivey Commission ~. ray Y r Notary Put;iic State of Florida Margaret L Pendleton _ 1 p _ Ngc u illy Commission DD926459 C of Delra Beach, Historic Designation Application r rp �,o Z.xpires 1011712013 p w?+��G° f Expires AFFIDAVIT (This form must be completed by the Applicant) Before me, the undersigned authority, personally appeared & ���s �9 �, Hardi.man -- -- - (Applicant's Name) who being by me first duly sworn, deposes and says: 1. That the accompanying property owners list is, to the best of my knowledge, a complete and accurate list of all property owners' names, mailing addresses, and legal descriptions of all property lying within the within five hundred feet (500') of each property to be considered for individual designation and/or inclusion within a designated historic district as recorded on the latest official County tax rolls. 2. That the subject property(ies) is /are legally described as follows: (give legal description(s) and /or property addresses) - Multiple properties may be provided as an attachment: Lots 40 and 41 of LAS PALMAS SUBDIVISTON, according to the Plat thereof recordect in Plat book , page , of e Public RecorM of a rn Beach Co un orida. Together with that part of Canal Street vacated and abandoned by the City of Delray Beach by Resolution No. 12 -66, lying be tween the prolongation East of the North property line of said Lot 40 and the South property line of said Lot 41. Together with all easements, Y- (Applicant's Signature) The foregoing instrument was acknowledged before me this / �i , day of `'m c �_ , 20 /-3 by Chct -4es /�d <t k a .a <_, who is personally Known to or has produced (type of identification) as identification and who did take an oath. �4 , Y a Ck- vim_ . z ( nted Name of Notary Public) (Signature of Notary Public) Commission # p Z) j-�� 5— ��` , My Commission Expires J E� (NOTARY'S SEAL) Notary Public State of Florida Margaret L Pendleton o My Commission ❑0926459 9�FCF Fla� Expires 1Oil 712013 - - re; City of Delray Beach, Historic Designation Application X11 lY L q r Tj cu a o cu tv I R1 cu r F-4 ri OD a �D 4 e{ O r - q] tl- Outstanding Builder Who Apprenticed with Architectural Firm in New England In the 1934s Delray's first registered architect Samuel Ogren Sr. created a "Better Housing Office" to provide the public with craftsmen in the construction trades. Two Fisher Lane reflects this craftsmanship. sufferers of the ship-wreck experience. Recently Roger Cope, a local architect who has worked on many restoration projects, nnade1he following comments on the exterior of the house atZ Fisher Lane regarding its architectural "—Itioa1941 home as you mentioned. Some of its features are mitered clapboard siding at the outside corners, minimal overhang at its roof, but with great detail inanadded crown and custom wood trim, nautical style (round) attic vents with wood keystones at all four points (up, down and both sides), low or gentle roof slope, and brick fireplace. It is very much a Florida Vernacular style with a bit of resort and nautical features mixed in—and nn small coincidence that itisnn the waterway. |f|had to pin it down more specifically, | would say |tis 'Resort Florida Vornacu|ar'. |am now renovating a1937house in Delray Beach. |1 has many of the exact same features but a slightly simpler exterior wood trim package. SoI have to believe the wood features on3 Fisher Lane were quite elaborate when bui|t." | think itis worthwhile toadd comments in this report from the present owner about the interior and exterior of the house: "The architectural style isa harmonious combination nf traditional New England and Florida features. There are four doors with fan window inserts at the top, three interior arched doorways, a cypress paneled dining room, Mexican tile floors, and a passage-way through two closets to connect the guest room to the rest of the house, and a fireplace. The exterior contains a concrete block patio that can be accessed directly from four different rooms in the house. The patio is separated from the street byawall. !n the rear nf the home isa pool with o separate matching pool house. This area has a clear T-shaped with an outlook uf island Drive Inlet. MV home was one ofthree similar houses in a row on Fisher Lane. The house to the south was torn down to make way for two large mansions. The house om the north is one nf the original homes on Fisher Lane. " Landscaping iy lush, well-maintained and filled with fruit trees, but the ambiance 0f Fisher Lane isin danger of disappearing forever. Itis one of the last Qf the charming human scale homes in the area. The owner is applying for Historic Designation for their property because hefears that surrounding property will continue tobe demolished and would like for his property 10 remain. Tm illustrate the Statement of Significance, theAstofDelnnypiwneers, business, and social leaders 0fthe community below who are connected with the house and its site include: Adolf Hofnman and Anna Hofman, one ofDe!rav's first settler families, owned the property where Two Fisher Lane islocated asitwas once part nf land they owned. Adolfavve|l-knovvn and skillful farmer, was a founder of Trinity Lutheran Church, and later a land developer. The Hofman family owns Deed No. 1, made June 9, 1896, from the Model Land Company owned by railroad magnate, HenryRag|er. In a series of letters written by Adolf tm his family in Germany, and now translated and held in the Delray Beach Historical Society archives, he says in Letter 7, dated a1 the height of the real estate boom in January 1925: "Since Delray io growing, the lots fetch colossal prices. |vviU divide my land between canal and railroad into |ots." John W. Hall, another prominent pioneer ofDelray is listed on the chain of title in 1925. Mr. Hall, a mayor of Delray, was Attorney-in-fact for the Hofman family and others on the 1924 Plat of Las Palmas Subdivision. John Hall and his son, Emmett who enjoyed success as an author of short stories and silent screen scenarios, built and operated the beautiful Mediterranean Style Delray Theatre that opened on Christmas Day ofl9Z3. The 1941 house was built for M. Fisher Wright for whom Fisher Lane is named. Mr. Wright was followed as an owner by nationally-known business leader Gordon Gibbs, who was President of the famous Katherine Gibbs Secretarial Schools his mother founded, and his wife, Blanche. The Gibbs not only flew in their personal airplane to visit various Katherine Gibbs Schools, but when in Delray Beach, sometimes flew tm the Bahamas for lunch. Local leaders and activists who have followed os owners the house are VV.[ottingharn Allen, a commissioner of Bethesda Hospital; Perry [Neal, Chairman of the Board of Wayside House; and Charles and Priscilla Hardimnan. Charles Hardimoan, the current owner, has served nmthe Boards of numerous local non-profit organizations. H8is855-year resident of Delray Beach. The late Priscilla Mardirnan was at@lented water-color artist. tlnl Source of Las Palmas According to the information contained on page 61 of The City ofDelray Florida by Frank Burnside Kingsbury of Keene, New Hampshire, (notes for a proposed history taken from 1925-35) he obtained the following infon-nation from Adolf and Anna Hofman- Notes on Adolf Hofman Land by Judy Hofman INNER=- 1-6 runw-TwAimmiIi Note: Judy Hofinan, who was married to Adolf Hofman's grandson before his death in recent years, wrote this information on the Delray Beach Pioneer Questiormaire mailed out with Pioneer Luncheon invitations during the Centennial of Settlement celebrations in 1995, Katharine Gibbs School Library Library 200 Park Avenue New York, NY 10166 Thursday, May 25, 2000 Dorothy Patterson Delray Beach Historical Society 20 North Swinton Avenue Delray Beach, FL 33444 Dear Ids. Patterson I am enclosing several articles that I found in our archives that contain information on Blanche and Gordon Gibbs. Unfortunately, they have no date or title of publication. I have included the best pictures I could find of them.. The articles make slight mention of the Delray house. I hope they can be of some use. If I can be of further Delp please don't hesitate to call me at (212) 973 - 4987. Sincerely, Linda Perahia Librarian VOL. 5 NOVEMBER 1934 PTO. 3 J. Gordon Becomes President ITH the opening of the Katharine Gibbs Schools for their twenty-third year, announcement is made of the election of James Gordon Gibbs as President. Mr. Gibbs succeeds his mother, Mrs. Katharine M. Gibbs, as head of the schools, a position which she held continuously from their founding in 19r r until her death in May of this year. Mr. Gibbs assumes his new duties thor- oughly prepared to further the well -con- ceived policies of the Katharine Gibbs Schools. For the past ten years he has been intimately associated with their manage - ment, and has been Vice- President since their incorporation in 1928. Born in Providence, Rhode Island, in 1goo, Mr. Gibbs received his early education in the schools of that city.W ith the outbreak of the World War he left high school at the age of seventeen to enlist in the United States Army Ambulance Service, going. overseas in April 1918, with the first Amer- ican contingent to land in Italy. He was later transferred to France, seeing active service at St. Mihiel and the Argonne. The war over, he returned to the United States and was discharged in April, rg1g. At that time, he took up his college pre- paratory work where it had been inter- rupted by the War, subsequently attending Columbia University as a member of the class of 1924- Mr. Gibbs' service and experience with the Katharine Gibbs Schools have touched upon every phase of their management. Un- married, Mr. Gibbs has always made his home with his mother, and together they have worked in closest association, in school and out, to bring about the progress and development which distinguish the institu- tion. Week by week he journeys back and forth between New 'York, Providence, and Boston, maintaining constant and under - cr�nrlinrr rnnract with the entire orcrani?,a- JAMES GORDON GIBBS Lion, alert to any suggestion or idea for the betterment of the work of the schools. A frequent traveler to Europe, Mr. Gibbs is deeply interested in the older as well as the more modern methods of education throughout the world. He finds his fa- vorite relaxation on the salt water, is a familiar figure at the helm of his cutter, "Roustabout," in the waters of Long Island Sound, Narragansett Bay, and Marblehead. Mr. Gibbs is a member of Phi Sigma Kappa and Columbia University Club (1°. York), Manhasset Bay Yacht Club, Un1vt city Club (Boston), the Town Criers or Rhode Island. "The Gibbsonian" extends to him its con- gratulations, and wishes for him a long, successful administration. the girls po'Ured in quarter_ I told him I wasn't the janitor, but the president, but if he didn't round I'd keep his quarter all the same and pat it im the scholarship fund." It took Gordon Cobbs a while after graduation from Columbia, University and service in World War I to make up his mind to join his mother's school staff. He entered real estate firsk but a wily uncle convinced him that he was winning a good thing — that a rosy future lay ahead for the Kath- arsse Gibbs Schools. (By 1919, there were .already Boston and New York schools.) IT WAS WORLD WAR I that really pat Katie Grbba into business, according to Gordon Gibb& - "People lose hack nowadays of that war and the way It emancipated wopem Why, after it women could go out for the first time. Fashionable, well-educated girls could do stanetling, and they poured into our schouL Believe me, 7 did — so fast we had to restrict the cnrollme ;C" $atharme Gibbs became the first bowdmg school for secretarial training in the country. . Toda r, his 69 years and her 59 pears notwit]r- standing, the Gibbses travel bare and fords from their four far -flung campuses with the alacr&W of birds. That alacrity results partly from the fact that for years they had their own id— "Our last was a Grumman Widgem — a twin- motored ampbs'bian I took me flying - lesson in Miami back in 1948, and I liked it so much I de- cided I wanted more. I told my wife and she said, 'If you can By, so cam I,' and she did-- "We bad a Loose m Delmy. Bcack Florida, then, and sometmum we'd say, `Let's Lave Lmch is Nas- sau,' and away we'd co, But that was in the dsps when you cow& Today, Yates e just a glorified chauffeur in the air. There's too much traffic-7 The CH -bbses still. BY oouhnhercially, hmwever, ti from Florida to New York to Boston. and "back in time for tea." — abnoff . Mr. Gibbs spends muss of the winter nowadays in Florida, superintending the building of the now !souse, to be set amid coconut palms, date palms and bamboo. Mss. Gibbs spends the better part of the week -in New York; but Tbassday or Fr9lay she frequently heads for New En and a look at the Boston and Providence schools.' These she spends the weekend at the Gibbs' ldarion home. "That one is our concept of current living, ' Gordon Gibbs expla pmdly. "it's ciandc New England barn architecture is glass." For Blanche Gibbs, it means a cbance to change into sneakers and tweeds, which she loves, and to be :bear New Bedford, where she came from and where her brother still lives. "Oh, py father and I used to be quite familiar figs. on the streets of New Bedford," she laughed. "He was in the coffee import business and he always wore a yachting cap and had a little toffee counter on Purchase Street. I remember Mother would get me_ all dressed up for outings and then there'd be r breeze on the Fairhaven Bridge so he'd tuck a coffee sack around we to 7 _ ran o c° 2 `°r) r, :S n ro B 9Aq- o�v rw — �;:Q:I n n rd n a 0 * 0 CD Ln ..0 tea•. 0 M P.1 n O nab` r d ro� R r1) p E- C a■ ro � pq� -0 � . In7i � O = C � �• � 'S�i .�a CL tr4 cam' -O' CD � 5.Pj G n w4 -. M O �::; o ok p 1 .O l0 F7 P$ C O v O '-0 - _ rD G�v � w CAL �� � C lD� p4. ..:. nCr 2 yr,�e N 4 - 8W rp '� °' O M 0 � ::I ° : W = n 26 n MI VD 0 C ° w R.°cra� n r °_ 'D Goa IMD 11 c t,. n ^t a± ra r: rc n y -, n rfl C- Ca � CD :3, O _ � D -"'-:; N Rte.+' -� � 0. Q ,D -�xn ra � O woo CL roG C�`� 8�0uw� �= e- M ..1.`O �. O O > �:_ VI 9d -ni n C:^ �'� w Win. ru �• m': C o �` p !p vs c➢. C f Rini CD 0 FD ro �, �. c° R v `C. . O p rt � O v, 'E 91 �+ry ,.; fL 0 n . O G O .P7. . �. a w � �j. N' �a •�.,�. O r ia. EF o o�gr y M b a. m� rD �r9AOa = o �.Q =5 oco -;� °° a E� a; i z F E/I Q g I H Q U) r7 m r7 IV Izr Itzp (1) 0 <rr mot+ er -r u O -i H co cci co 49 a ro rd U O 4 2 ul 3 • @ � I� rd w ro h rd W P-4 r� � ro 9 �t 4 - A �4 rM Qi r�i x O Q m p 4 U - ro o 4J EO ai 0 o � � ro [ � H -r-I H >i -4 E 3 _ N ro O O C� � � M �w Hw .0 �y u a: r -Pi 1 CJ ' U�J S-4 U h W C7 L7 P4 — 4J E o 4r-` w r-4 ry U) �� �zu 0 x w ro Lr) 1�0 Lo ID QO M �� r4 F- M rt �� p A www r-! ,-1 0 0 Owner a.e.^ : H-ARDIMAN CHAI�LES Owner +. +:. , LN Owner Addr2: P♦ BOX Owner :..d Legal Descrp: LAS pALMAS SUB Roof Structure: GABLE OR HIP Roof Cover: Heating Fuel: ELECTRIC 33447 Heating Type: FRCD .AIR DUCTED E t Wall -1: .AVERAGE Ext Wall-2: Int Wall-1: PLASTERED inn Wall-2: X 1930 Int Floor -1: VINYL ASBESTOS Int Floor -2: CARPET CF3: End CF12: Backup C°4: Menu CF62 Search Enter: Next CAYCE RAF001ID (0 t. 2) PID: 12 43 Effective .Area...... Effective Rate...... RCN Value. ....... ... Actual Yr Built..... Effective Yr Built.. Market Adjustment... Market Value........ Use Code............ Heated Area......... m CARD Just Value.......,.. ,lust Total.......... Class value........ Class 'T'otal........ . M.A.F. w 14;54.- 33 5/10/99 09 31 000 0400 LAND 2,333 Total Market....... 225,000 58.73 Special Value...... 137,017 Total Value........ 225,000 X 1930 1947 Agricultural .5000 Literal.....,...... 68,509 Total Value........ 0100 a 1,768 miscellaneous 299,001 Market Literal..... MARKET 299,001 Previous Value..... 357,000 X- Features Value... 5,492 CF 4; Menu CF6: Search Enter: Next FI: HELP is a unique and irreplaceable asset in its neighborhood. Delray Beach Historical Society Archives, 111 N. Swinton Avenue, Delray Beach, Florida Hofman Family Information: Sketch map of A. Hofman's land from Frank Burnside Notes, 1925 to 1935 Letter No. 7 written by Adolf Hofman, 18 January 1925 (translated by Fritz Hofman) Interview with A. Hofman, HSPBC, 1937 House History compiled by Dorothy W. Patterson and Virginia Schmidt, 2000, Delray Beach Historical Society. (One copy) - -- Gordon Gibbs material: Katharine Gibbs School Library, 200 Park Avenue, New York, New York, May, 2000. -- Delray Beach Historical Society, Plat of Las Palmas Sub- Division, Book 10, page 68, 15 November 1924. Frank J. Schrader, Biography file Hofman, Charles, Letters from Linton, Legacy Press, 2004 Palm Beach County Courthouse Palm Beach County Tapes Inquiry: M.A.F. County Tapes Inquiry Chain of Title Delray Beach Public Library, City Directory Collection, 19481954 City of Delray Beach Building Permits: F.J. Schrader plans and specifications for M. Fisher Wright home, 1941; ##2082, 2168, 3152, W.C. Allen owner, Pope &z Blake architects, 1954; #3, #5110, #6371, P. CtNeal owner, 1966, 1975, 1979. Charles V.V. Hardiman: Personal Interviews, 2012 and 2013 Roger Cope, architect: Telephone Interview, 2012 Archives of First Presbyterian Church, 33 Gleason Street, Delray Beach,`Evening of Remembrance" 1959, and other material citing F.J. Schrader. Avrd ix Plh®+0 s O 1 ' irj 1 n-tertb r• Oren -}- U--A `l Cm d RYA i IV -? �Tr M� e e A�ende� A Piq a-+.O-s -Shaw ti+n_i Pao 1 ax% a -zn#CA — C D aS+a 4 V �f-ws aprhdox A Kmv- o� hOL%s Sh®u�aain +ree5 aTtd foot vAou e- Pa e 1 HISTORICAL STRUCTURE FORM Site # 8PB10896 Original 0 FLORIDA MASTER SITE FILE Recorder # 127 Update ❑ Can k Guff! To Hbkm esl swch" Forms rm dWIMd im,q,otlom Recorder Date 1112001 Site Name 2 NE Fisher Lane Other Names None ri.5 / f 1 9 Project Name City of Delray Beach Historic Resources Survey, Phase 11 historic Contexts WWII & Aftermath National Register Category Building Address 2 NE Fisher Lane Vicinity of East side, between NE 4th Street and NE 5th Street City Delray Beach County Palm Beach Ownership Private Subdivision Block # Lot # USGS Map Delray Beach 1962 PR 1969 & 1973 Township 46S Range 43E Section 9 Quarter SE Qtr Qtr SW Irregular Section ❑ UTM Zone 17 Easting 0593334 Northing 2928095 Land Grant Unknown Latitude NIA Longitude NIA Plat or Other Map Aerials ArchitectlBuilder Unknown Alterations ® Date 1975 Additions ® Date 1954 -1986 Moved ❑ Original Location Original Use(s) Private Residence WA Construction Date 1941 Type Remodeled porch Type Frame addition; Addition; Installed slab, roof & window wall enclosure Present Use(s) Private Residence Circa ❑ Style Florida Ranch Exterior Plan Irregular Interior Plan unknown Stories 1 Structural System Wood Frame Exterior Fabric Weatherboard Foundation Slab Foundation Materials Concrete Foundation Infill NIA No. of Porche s Dormers ❑ Outbldgs. ❑ NIA 0 Locations/Features NIA NumberlLocation NIA Number 0 Nature /Location (Describe below) Roof Type Gable Roofing Materials Composition Shingle Secondary Structures ❑ Comments/Location NIA Chimneys pp Number _1_ Orientation West Location Slope, Exterior Materials Brick Wood Windows ❑ Type NIA ._.,...,,..... _ .. Light # NIA Metal Windows 0 Type Awning Light # 4 Exterior Ornament Vents, Shtters with dogs, Vertical Wood in the gable end Condition Good Surroundings Residential Narrative (general, Interior, landscape, context; 3 lines only) This building is similar to 17 NE 8th Street. Archaeological Remains Present O None Observed FMSF Archaeological Site Form Completed (if yes, attach) ❑ Apfendix 7B Printed Monday, May 06, 2002 DHR USE ONLY OFFICIAL EVALUATIONS DHR USE ONLY DATE LISTED ON NATIONAL REGISTER DATE KEEPER DETERMINATION OF ELIGIBILITY DATE YES NO SHPO EVALUATION OF ELIGIBILITY DATE YES NO LOCAL DETERMINATION OF ELIGIBILITY DATE YES NO LOCAL OFFICE Research Methods Past sites and surveys search at FMSF, Building Permits, local and Nan -Local Library Research Bibliographic References Delray Beach Historic Sites Survey, 1987; Delray Bead Historic Resources Report, 1999 Location of Negatives Janus Research Negative Numbers Roll 2184 -9, Exp. 22 Facing SE Recorder Name Susan Daniel, Skye Wheeler, Jennifer Bradley Recorder Affiliation JANUS RESEARCH, 2935 First Avenue North, St. Petersburg, Florida 33713 Telephone 727- 821 -7600 REQUIRED: 1. USGS 7.W MAP WITH STRUCTURES PINPOINTED IN RED 2. LARGE SCALE STREET OR PLAT MAP 3. PHOTO OF MAIN FACADE, PREFERABLY B&W, AT LEAST 3x5 Printed Monday, May 06, 2002 Police Union Fire Union Civil Service TOTAL PAID OVER 5 FISCAL YEARS OVER FY 07108 SALARY 29,416.56 35,300.34 2,991.65 WITHOUT POLICE 84 HOURS 20,475,53 Total % of increases for merit/step 10% 10.6% 4% or ATB over 5 year period Hire Date 10/1 07108 Average Salary 57,677.56 71,223.43 63,769.61 FY 08/09 Step plan or Merit Inc 2,883.88 3,452.91 0.00 Increase to 84 hours 2,883.88 1 % Retro ATB to 8/28/8 712.23 Paid at end of FY 08/09 63,445.32 75,388,57 53,769.61 Addt over Orig Salary 5,767.76 4,165.15 0.00 FY 09110 Step Plan or Merit Inc 0.00 3,618.65 0.00 84 hour pay period 3,028.07 Paid at end of FY 09/10 63,589.51 79,007.23 53,769.61 Addt over Orig Salary 5,911.95 7,78:3.80 0,00 FY 10/11 Step Plan or Merit Inc 0.00 0.00 537.70 84, hour pay period 3,028.07 Paid at end of FY 10/11 63,589.51 79,007,23 54,307-31 Addt over Orig Salary 5,911.95 7,783.80 537.70 FY 11112 Step Plan or Merit Inc 3,028.07 0.00 0.00 84 hour pay period Paid at end of FY 11/12 63,589.51 79,007.23 54,307.31 Addt over Orig Salary 5,911,95 7,783.80 537.70 FY 12/13 Step Plan or Merit Inc 0.00 0.00 84 hour pay period 3% Increase 11/17 1,378.56 Paid at end of FY 12/13 63,589.51 79,007.23 55,685.87 Addt over Orig Salary 5,911.95 7,783.80 1,916.26 TOTAL PAID OVER 5 FISCAL YEARS OVER FY 07108 SALARY 29,416.56 35,300.34 2,991.65 WITHOUT POLICE 84 HOURS 20,475,53 Total % of increases for merit/step 10% 10.6% 4% or ATB over 5 year period Hire Date 10/1