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12-03-13 Regualar MeetingCity of Delray Beach Regular Commission Meeting Tuesday, December 3, 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. (THIS SPACE INTENTIONALLY LEFT BLANK) 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. Presentation regarding the City of Delray Beach as a Sports Destination (ADDENDUM) 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. RESOLUTION NO. 56 -13: ABANDONMENT OF WATER EASEMENT DEED /DELRAY BUICK/GMC: Approve Resolution No. 56 -13; abandonment of a 6' x 12' portion of a Water Easement, dedicated by the plat of Sherwood Pontiac Plat No. 1, as recorded in Plat Book 83, Pages 61 and 62, for Delray Buick/GMC, located at 2400 South Federal Highway. B. RENEWAL OF CONTRACT AWARD /DR. CRAIG B. KUSHINIR: Approve renewal of contract award in the amount of $22,000 annually to Dr. Craig B. Kushinir D.O., for the position of Medical Director for the Fire Rescue Department. Funding is available from 001 - 2315 -526 -31.90 (General Fund: Professional Services /Other Professional Services). C. AMENDMENT TO SUBORDINATION POLICY AND PROCEDURES FOR NEIGHBORHOOD SERVICES DIVISION: Approve an Amendment to the Subordination Policy and Procedures to be followed by the Neighborhood Services Division when homeowners assisted by grant funds request that the City subordinates its second mortl!al!e position. D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT/ FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize execution of a Sub - Recipient Funding Agreement with Fair Housing Center of the Greater Palm Beaches under the Communily Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $2,000.00 for the Fair Housing Center of the Greater Palm Beaches. Funding is available from 118 - 1966 -554 -52.12 (Neighborhood Services: Aid to Private Organizations /Fair Housing Center). E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY): Approve and authorize execution of a Sub- Recipient Funding Agreement with Achievement Centers for Children and Families under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $52,000.00 in support of the Beacon Center at Village Academy Elementary School. Funding is available from 001 - 4111 -572 -83.01 (General Fund: Other Grants & Aid). F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Approve and authorize execution of a Sub - Recipient Funding Agreement with Legal Aid Society of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $4,000.00. Funding is available from 118 - 1966 -554 -82.12 (Neighborhood Services: Aid to Private Organizations /Fair Housing Center). G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of a Sub - Recipient Funding Agreement with the Achievement Centers for Children and Families (ACCF) under the Community Development Block Grant (CDBG) program for FY 2013 -2014, with total funding in the amount of $56,033.00 for the Center's main facility and Village Academy. Funding is available from 118 - 1966 -554 -82.09 (Neighborhood Services: Aid to Private Organization /Child Care Center). H. CONSENT TO ASSIGNMENTBUCKY DENT BASEBALL SCHOOL, INC.: Approve the Consent to Assignment from Bucky Dent Baseball School, Inc. to Elev8 Sports Institute, Inc. 1. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/ELEV8 SPORTS INSTITUTE, INC.: Approve Amendment No. 1 to the Lease Agreement with Elev8 Sports Institute, Inc., for the use of Robert P. Miller Park and Currie Commons Park. L LICENSE AGREEMENT /MAE VOLEN SENIOR CENTER, INC.: Approve a License Agreement with Mae Volen Senior Center, Inc. for the use of the building and the parking lot at the Western Community Center for a term of one (1) year. J. ANNUAL PERFORMANCE BONUS /JCD SPORTS GROUP, INC.: Approve FY 2012/2013 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $11,134.80 and for Tennis Center operations in the amount of $5,583.60. Funding is available from 445- 4711 -572 -34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446- 4711 -572 -34.90 (Lakeview Golf Course: Other Contractual Service) and 001 - 4215 -575 -34.90 (General Fund: Operating Expenses- Miscellaneous /Other Contractual Service). K. PROCLAMATIONS: 1. None L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period November 18. 2013 throuuh November 27. 2013. M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Midrange Support & Service, Inc., in the amount of $44,900 via State Contract #250- 000 -09 -1. Midrange Support & Service, Inc. was the reseller for the iSeries and has provided continued support. Funding is available from multiple accounts. REGULAR AGENDA: A. CONDITIONAL USE REQUEST /KAAB NURSING SCHOOL: Consider a conditional use request to allow the establishment of a vocational nursing school for Kaab Nursing School, within the Congress Park Development, located on the west side of South Congress Avenue, south of West Atlantic Avenue. The proposed use will occupy a 4,100 sq. ft. tenant space located on the second floor of the existing 3 -story office building at 220 Congress Park Drive within the office park. (Quasi- Judicial Hearin B. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Petrolia (Seat #1). C. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Approve an appointment to the Police & Firefighters Retirement System Board of Trustees. 10. PUBLIC HEARINGS: A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2012 -2013 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. B. ORDINANCE NO. 31 -13: Consider an amendment to Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic beverages on Sunday morning. C. ORDINANCE NO. 32 -13: Provide for Charter revisions by amending Section 3.12, "Procedure ", to provide clarification regarding the voting procedure; providing for a referendum on March 11, 2014. D. ORDINANCE NO. 33 -13: Consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Acting Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 22, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 RESOLUTION NO. 56 -13 /ABANDONMENT OF WATER EASEMENT /DELRAY BUICK -GMC ITEM BEFORE COMMISSION The request involves abandoning a 6 foot by 12 foot portion of a 12 foot wide water easement, which was dedicated by the plat of "Sherwood Pontiac Plat No. 1 ", recorded in Plat Book 83, Pages 61 through 62 of the Public Records of Palm Beach County, Florida on August 24, 1998. BACKGROUND The subject water easement, which was dedicated with the plat of "Sherwood Pontiac Plat No. 1 ", is located at 2400 South Federal Highway. The property contains the Delray Buick -GMC auto dealership. Although an existing two -story showroom/office building at the front of the property encroaches into a portion of this easement, the encroachment has not been addressed until now. On August 14, 2013, a Class II Site Plan Modification, which includes interior and exterior renovations to the showroom/office building, was approved by SPRAB. Since the portion of the easement where the encroachment occurs is not needed to service the property, the applicant has requested that the area of the encroachment be abandoned at this time. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. The abandonment of a small portion of the easement will not be detrimental to the provision of utility services since water can be supplied to the adjacent building over the remaining easement, and the portion of the easement being abandoned does not provide water service to adjacent properties or the general area. The City Engineer has reviewed the request and has no objection to the abandonment. Since the easement was dedicated to the City for water supply purposes only, Florida Power & Light, Comcast Cable, Florida Public Utilities Company and AT &T do not have an interest in this request and therefore are not required to comment on the abandonment. Pursuant to the above, a positive finding with respect to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 56 -13 to abandon a 6 foot by 12 foot portion of 12 foot wide water easement, dedicated by the plat of "Sherwood Pontiac Plat No. I", recorded in Plat Book 83, Pages 61 through 62 of the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6 (N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 56 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER EASEMENT DEDICATED BY THE PLAT OF "SHERWOOD PONTIAC PLAT NO. 1 ", AS RECORDED IN PLAT BOOK 83, PAGES 61 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of a water easement dedicated via the Plat of "Sherwood Pontiac Plat No. 1 ", as recorded in Plat Book 83, Pages 61 through 62 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of a portion of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements , of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area; that its interest in the described property is no longer needed for the public good; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said easement, as more particularly described in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the ___ day of_____ 12013 ATTEST: City Clerk MAYOR 2 RES. NO. 56 -13 w �u U 1 SKETCH OF DESCRIPTION EXHIBIT 'A SHEET 1 OF 1 SHERWOOD PONTIAC PL T NO 1 (PLAT BOOK 83, PAGES 61-62) 12-00'-1 S 81059'40'E o° oa, o Z N O Oo 0'00 162.00' N81 059'40 "W. J' 183.03' S81 °59'40'E (OVERALL) '/: EXISTING 12' WA TER EASEMENT (PLAT BOOK 83, PAGES 61-62) SHERWOOD PONTIAC PLAT NO. 1 DESCRIPTION- (PLAT BOOK 83, PAGES 61-62) THAT PORTION OF THE PLAT OF SHERWOOD PONTIAC PLA T NO. 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 83, PAGES 61 AND 62, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS-.- COMMENCING AT THE SOUTHEAST CORNER OF SAID PLAT THENCE N.8000'20'E, .ALONG THE EAST LINE OF SAID PLAT, A .DISTANCE OF 135100 FEET TO A POINT ON THE NORTH LINE OF THE EXISTING 12' WATER EASEMENT AS SHOWN ON SAID PLAT,= THENCE N81 059'40 "W., ALONG SAID NORTH LINE, A DISTANCE OF 16200 FEET TO THE POINT OF BEGINNING, • THENCE N8 °0020 "E., A DISTANCE OF N. 6.00 FEET,- THENCE 8P59W 0" W., A DISTANCE OF 1200 FEET THENCE S8 900'20 "W., A DISTANCE OF .6.100 FEET TO THE NORTH LINE OF SAID WATER EASEMENT THENCE S 81059'40'E, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. NOTES- THIS .IS NOT A SURVEY THE EAST LINE OF PLAT BOOK 83, PAGES 61 -62 IS ASSUMED TO BEAR N 8000'20'E P.O.B. = POINT OF BEGINNING ORDER NO.. 84- 304';4B" Z � I �o im SE. CORNER PLAT BOOK 83, PAGES 61r-62—, & P.O.C. `\ SOUTH LINE PLAT BOOK 83, PAGES 61 -_6� PAUL D. ENGLE SURVEYOR & N DATE JULY 15, 2013 0:0rawings \GENERAL CA001GxM84- 3046.gxd — 0711912013 — 11:39 AM — Scale 1: 240 -0000 w 0 N O 00 C °o NO 5708 O IZK W Q R Z w Q Li C/ EVE ST. �cl F = J F � Q H Q O TROPIC BLVD. D: S ui w cn . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ....... . 4 Z Q cn BOLENDER ST. 3 . . . . . . . . . . . ................ . 2 C� = ALLAMANDA DR. ^_ ....................... J_ p o a Z J m ~ BANYAN DR. 3 2 AVE. C W X O � CYPRESS DR. a cn p z o a_ J U) L� .................. DOTTEREL RD. 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KUSHINIR ITEM BEFORE COMMISSION The item before Commission is renewal of RFP 2010 -38, per paragraph 14 for the EMS Medical Director of Delray Beach Fire- Rescue Department. The contract may be renewed by the City Commission/City Manager at the same terms, conditions, and price(s) for three (3) consecutive terms of one (1) year subject to Medical Director acceptance, satisfactory performance and determination that renewal will be in the best interest of the city. BACKGROUND Dr. Craig Kushnir has served as the Medical Director for the Fire- Rescue Department since January 2011. In that time, he has rewritten the EMS Protocols, taken on the added responsibility of serving as the Medical Director for Ocean Rescue, and represented the City on the Palm Beach County Medical Directors Association and at State National meetings and conferences. He is a very active Medical Director who regularly participates in "ride alongs" with our EMS personnel, and has crafted training opportunities that have produced better trained and prepared Paramedics and EMT's. Dr. Kushnir is a fully licensed and certified physician in the State of Florida and maintains all of the appropriate professional certifications, including Advanced Trauma Life Support (ATLS), Pediatric Advanced Life Support (PALS), Advanced Cardiovascular Life Support (ACLS), and CPR. FUNDING SOURCE Funding is available from 001- 2315 -526- 31.90. RECOMMENDATION Staff recommends approval of the renewal of the Medical Director Contract (RFP 2010 -38). Dr. Craig B. Kushnir 17281 Coral Cove Way Boca Raton, Florida 33496 REF: Bid #2010 -38 — RFP EMS Medical Director (Delray Beach Fire - Rescue) 1" (1) Year Renewal Option Annual contract Dear Dr. Kushnir, The annual contract for the above referenced Bid expires on December 16, 2013. Per page #4, Section 14 "Renewal" of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this one extension of your executed contract at prices dated December 16, 2010 would be acceptable. Please respond by signing below and returning one copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. 1s' Avenue, Delray Beach, Florida, 33444 or by fax (561) 243 -7166 or email: nadal m delra beach.com. Sincerely, purchasing Manager ree to the one (1) year extension of the subject Bid J I am una a to provide a one (1) year extension of the subject Bid Sig re Date Name (print) cc: David Boyd, Finance Director Danielle Connor, Fire Chief Steven Anderson, Division Chief -EMS Desiree Kazakevicius, Executive Assistant ULHLH e¢ a r^' c f August 28, 2013 Dr. Craig B. Kushnir 17281 Coral Cove Way Boca Raton, Florida 33496 REF: Bid #2010 -38 — RFP EMS Medical Director (Delray Beach Fire - Rescue) 1" (1) Year Renewal Option Annual contract Dear Dr. Kushnir, The annual contract for the above referenced Bid expires on December 16, 2013. Per page #4, Section 14 "Renewal" of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City ". Please advise if this one extension of your executed contract at prices dated December 16, 2010 would be acceptable. Please respond by signing below and returning one copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. 1s' Avenue, Delray Beach, Florida, 33444 or by fax (561) 243 -7166 or email: nadal m delra beach.com. Sincerely, purchasing Manager ree to the one (1) year extension of the subject Bid J I am una a to provide a one (1) year extension of the subject Bid Sig re Date Name (print) cc: David Boyd, Finance Director Danielle Connor, Fire Chief Steven Anderson, Division Chief -EMS Desiree Kazakevicius, Executive Assistant AC STATE OF FLORIDA DEPARTMENT OF HEALTH DIVISIQN OF MEDICAL QUALITYASSURANeE BATE .. '. LICENSE NCB CONTROL NO. 12120/2011 OS- _$707 __ 35624 The OSTEOPAT1AJC: PHYSIC1AId named below has met aff requirements of v- the:laws and rules of the state of Florida. Expiration Date'. MARCH 31':'2014. CRAIG BENJAMIN KUSHNIR ATTN: BETHESDA MEMORIAL HOSPITAL 2815 SOUTH SEACREST BOULEVARD BOYNTO.N BEACH, FL` 3343.5 ' h 1� .0. W lz'.° U Cn U Cn ¢ d r F- n ch�o o � tz ww o� u� V- Uj rn EXPIRATION DATE: MARCH 31, 2014 Your license number is OS S707, please use it in all enrrespnndence with your board /council. Fach licensee is solely responsible for notifying the department in mriling of the liecnsce's current mailing address and practice location address. Ifyou have not received your renewal notice 90 drays prior to the expiration dale shmvn on this license, please call (850) 484 - (3595, Use [his section to rcporc name change. Name changes require legal documentation showing the name change. Plcasc make sure that a photocopy of one of the fallowing acCampanies this fl TM. n marrlagC liccnse, a divol'ce decree ar a Court order, A driver's license ar social security card is not considered legal documentation. Medical [_lunlity Assurance offers yen Oic convenience of several online services. Thcsc services give you the nbility to renew your license, update your mailing stmt pracl,ice location addresses and updat.0 your profile information. 1. Co to WnrW.fl heal thsource,com 2. Click on Licensrc /Provider 3. Click on Prtactitiuner login 4. Select your profession 5. Enter the necount 1D and passt�•ord Thal was provided to you on your initial license and click on "Login G. 11 You do nat. know your account II) and password, click on ^Get Login Help' or call our Customer Contact Center at {850} 488 -0545 for assistance. MAIL TO: DEPARTMENT OF HEALTH DIVISION OF MEDICAL QUALITY ASSURANCE LICENSING AND AUDITING SERVICES UNIT P.O. BOX 6320 TALLAHASSEE, FLORIDA 32314 -6320 NAME CHANGE (ATTACH LEGAL DOCUMENTATION) LAST FIRST MIDDLE LAST FIRST MIDDLE '•. z Han � aEll� :;z w N� �� z Y.� C6 le w 0 E o < ID : a c: 19 ro tr) m�� a 3:E Q EXPIRATION DATE: MARCH 31, 2014 Your license number is OS S707, please use it in all enrrespnndence with your board /council. Fach licensee is solely responsible for notifying the department in mriling of the liecnsce's current mailing address and practice location address. Ifyou have not received your renewal notice 90 drays prior to the expiration dale shmvn on this license, please call (850) 484 - (3595, Use [his section to rcporc name change. Name changes require legal documentation showing the name change. Plcasc make sure that a photocopy of one of the fallowing acCampanies this fl TM. n marrlagC liccnse, a divol'ce decree ar a Court order, A driver's license ar social security card is not considered legal documentation. Medical [_lunlity Assurance offers yen Oic convenience of several online services. Thcsc services give you the nbility to renew your license, update your mailing stmt pracl,ice location addresses and updat.0 your profile information. 1. Co to WnrW.fl heal thsource,com 2. Click on Licensrc /Provider 3. Click on Prtactitiuner login 4. Select your profession 5. Enter the necount 1D and passt�•ord Thal was provided to you on your initial license and click on "Login G. 11 You do nat. know your account II) and password, click on ^Get Login Help' or call our Customer Contact Center at {850} 488 -0545 for assistance. MAIL TO: DEPARTMENT OF HEALTH DIVISION OF MEDICAL QUALITY ASSURANCE LICENSING AND AUDITING SERVICES UNIT P.O. BOX 6320 TALLAHASSEE, FLORIDA 32314 -6320 NAME CHANGE (ATTACH LEGAL DOCUMENTATION) LAST FIRST MIDDLE LAST FIRST MIDDLE KUSHNIR, CRAIG DELRAY BEACH FIRE /RESCUE 501 W. ATLANTIC AVE. DELRAY BEACH, FL 33444 - 0000 -000 I14II €i1I Ili I11IIIi1 lIE1I1I111111111111 1111i11'111II111II1111 DEA REGISTRATION THIS REGISTRATION r'EE NUMBER EXI°IRES PAID FK2369355 12 -31 -2013 FEE EXEMPT SCHEDULES _ - . BUSINESS ACTIVITY' ISSUE DATE 2,2N, PRACTITIONER . 12- 22 -201Q 3,3N,4,5, KUSHNIR, CRAIG DELRAY BEACH FIREIRESCUE 509 W. ATLANTIC AVE. DELRAY BEACH, FL 33444 -0000 CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 20537 This registration is ory for use at Federal or State institutions. Sections 304 and 1008 (21 USC 824 and 958) of the Contrdled Substances Act of 197D, as amended, provide that the Attorney General may revoke or suspend a registration to manufacture, distribute, dispense, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, AND IT IS NOT VALID AFTER THE EXPIRATION DATE. CONTROLLED SUBSTANCE REGISTRATION CERTIFICATE UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION WASHINGTON D.C. 29537 DEA REGISTRATION `PHIS REGISTRATION EEF - _ NUMBER E7(H RES PAID - TK&I.registration is on.N. FK2369355 12 -31 -2013 FEE EXEMPT for ... at Federal or State institutions. SCHEDULES BUSINESS ACTIVITY ISSUE DATE 2,2N, PRACTITIONER 12.22 -2010 3,3N,4,5, KUSHNIR, CRAIG Sections 304 and 1008 (21 USC 824 and 958) of the r DELRAY BEACH FIRE /RESCUE Controlled Substances Act of 1970, as amended, ry 501 W. ATLANTIC AVE. provide that the Attorney General may revoke or I ¢ DELRAY BEACH, FL 3344-4 -OOOQ suspend a registration to manufacture, distribute, tua dispense, import or export a controlled substance. THIS CERTIFICATE IS NOT TRANSFERABLE ON CHANGE OF OWNERSHIP, CONTROL, LOCATION, OR BUSINESS ACTIVITY, I AND IT IS NOT VALID AFTER THE EXPIRATION DATE. u Y. m Q O 0 I I d � ¢ Lnl ,`�-ZkI [-a EQP V t COU] i N x 8@l- -I lle�yY i o o c U Uo ] E p] � c i 44 O. x i FCC W! R Q I (3 i7 n O p! [9 D 1: C Hu; 1—_I cis: z'I TV]t i= •N � Q T U C �"� m+ 4 i � O , i w m o c c > T a i5 N C ui msaN Q Ln V C_� o nymmao C ,IrasU u Y. m Q O 0 LLB 3.7.7 � � 7 y W O 0 O m O P m w aJ'+ U m v, c J N C C n [3 ! Lnl ,`�-ZkI [-a EQP Ei� x 8@l- -I o c U Uo ] E p] � c i W W FCC W� a q m P4 { = m `m l j 22 a ✓+ m o? K U +�- o �Q 3� m v c V j _ N trl`j 0 V Lq /fD d) N V V 4Ti[ 3 p Co m t LLB 3.7.7 � � 7 y W O 0 O m O P m w aJ'+ U m v, c J N C C n [3 Craig Kushner, D4 is recognized as having successfully completed the ATLS® Course for Doctors according to the standards established by the ACS Committee on Trauma. Date of Issue: 04/11/2012 Date of Expiration: 04/11/2016 ATI ADVANCED TRAUMA IrFE SUPPORT Craig Kushnir- 1) is recagnizod as haying successfully completed the AT1,S@ Course for Doctors according to the standards established by the ACS Committee on Trauma, Issue Date:04 11 ]12012 Expiration Date:04111l2016 Av Chairperson, ACS Chairperson, ATLS Subcommittee State/Provirtcial f C mittee on Traurna ATLS Course Director CS: 34748 -P ATLS ID:280271 Replacement ATLS curds are available for a $10 USD fee. Karen Brawl, 14113, FAGS Karanbir S Gm MD, VACS Chairperson, ACS Chairperson, ATLS Course Director ATLS Subcommittee State/provincial Committee on Trauma Date of Issue: 04/11/2012 Date of Expiration: 04/11/2016 ATI ADVANCED TRAUMA IrFE SUPPORT Craig Kushnir- 1) is recagnizod as haying successfully completed the AT1,S@ Course for Doctors according to the standards established by the ACS Committee on Trauma, Issue Date:04 11 ]12012 Expiration Date:04111l2016 Av Chairperson, ACS Chairperson, ATLS Subcommittee State/Provirtcial f C mittee on Traurna ATLS Course Director CS: 34748 -P ATLS ID:280271 Replacement ATLS curds are available for a $10 USD fee. 0 X • "R�i q W-,�.M?• j 3 • 8 ti d a 0 w rm Doi I ..,, S.'m . a q r1 abbu r r b �_ �j F ` � �,,,, �4 z"° jj} ' y ;t a. a N da LA M2� 4 T A� �rl v 7 7 7 r 77, b 0 t 4"! Ap a 1 � z ho r r r It MR is 0 L-- 14.1 - �-'tor ' IP I ob a . L�: n'O.� 4 - • AL � r 0 r'� y r F? 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A 0 ,qdwm� - 4f r r� j� .�1��1 32 t s#f Willi, m it I NICE we L;L a i Tvw 4wdmN , Tj c %-4=7 ftppo h 1� t r s 1 I� I I ' • w I� F i- � 77, AIL � Y .� . � ► w, � - _ .� .gyp, Y t V 1 Y �i ~ n qp Frff qp •_... —�— t . � �. -.. -- - -�.�_ .- .---'� — ��.e, --- — _� ---ter 0 . ICI I•i III n K i 1 I y? ro ■ . . . . . . ..... 6 - r ,WWI r-1 V 41 oil I or qb q a 6 Ill I IM qw "W Pool bosom A W6$4 - will a • 7 9 • 6 f 4je yA ;qw AN 4 fi: ril RdL." 911 AIL r- - In ++1 T h t i M;# I� I�, MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 AMENDMENT TO SUBORDINATION POLICY AND PROCEDURES FOR NEIGHBORHOOD SERVICES DIVISION ITEM BEFORE COMMISSION The item before Commission is a request to amend the Subordination Policy approved at the August 1, 2000 City Commission meeting. The current policy only covers projects using the Community Development Block Grant and State Housing Initiative Program funds. This amendment to the Policy will include all housing programs. City Commission review and approval of the Subordination Policy, as attached, are to be followed by the Neighborhood Services Division when homeowners assisted by grant funds request that the City subordinate its second mortgage position. BACKGROUND Subsidies are provided for homeownership and housing rehabilitation through various Federal, State and local grant program funds. Subsidies are secured by a Promissory Note and Second Mortgage with term provisions of 15 years for amounts less than $35,000 and 30 years for grant amounts of $35,000 to $75,000. Grants provided for housing activities are secured by a Lien Agreement with term provisions of 10 years for amounts less than $20,000 and 15 years for amounts of $20,000 to $37,000. All funds are approved by the City Commission and require the applicant to maintain ownership /residence for a specified period. If the property is sold or transferred during this period for any reason, except the need to meet major health care expenses or transferred by inheritance at death, the full amount of the lien is immediately due to the City. In order for a homeowner to refinance his or her first mortgage or obtain a second mortgage, the City of Delray Beach must agree to subordinate its second mortgage position. When the City agrees, via City Commission, the homeowner is able to borrow against the equity in their home. The City's decision whether or not to subordinate is rendered on a case -by -case basis with the primary objective being "increasing the affordability of housing" based on the following principles: . Second mortgages provided under the homebuyer programs are to assist with homeownership. . Grants provided under the rehabilitation programs are for the exclusive purpose of rehabilitating, enhancing and /or preserving real estate. RECOMMENDATION Staff is recommending City Commission approval of the Amendment to the Subordination Policy as attached for homeowners assisted by Neighborhood Services Division funds. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Housing Programs Subordination Policy A homeowner assisted by the City of Delray Beach, Neighborhood Services Division, Housing Programs (Programs) may not refinance his or her first mortgage or take out a second mortgage unless the City agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: ❑ If the owner wants to refinance the first mortgage at a lower rate and /or for a shorter loan term, the City will subordinate if: • additional money isn't being borrowed (unless its for home repair or reasonable improvements) • the resulting housing cost (PITT) does not exceed the housing cost (PITT) calculation of the original loan • the new loan is for a fixed interest rate ❑ If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if: ■ the combined payments of the first and second mortgages do not exceed 35% of gross income ■ the loan is for a fixed interest rate ❑ The City will not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that: • Second mortgages are provided under the Programs to assist with homeownership • Forgivable loans are provided under the Programs for the exclusive purpose of rehabilitating, enhancing and /or preserving real estate ❑ The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector and /or estimates for the proposed repairs furnished by the homeowner. Amended 12/3/13 CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION Housing Programs Subordination Procedures 1. The party requesting the subordination must provide the City of Delray Beach Neighborhood Services Division the following information and documentation: ■ legal description of the property ■ copy of an appraisal of the property ■ copy of the title report conducted by the lender requesting the subordination ■ amount of equity in the home ■ copy of HUD -1 or other document that will provide loan disbursement information ■ resulting housing cost (PITT) • type of loan (fixed, variable, balloon, etc.) and interest rate • Subordination Agreement 2. The Neighborhood Services Division shall review the above information and, if the request adheres to City policy, present the Subordination Agreement to the City Attorney's Office for review. The Neighborhood Services Division shall place the subordination request on the Consent Agenda for the City Commission Meeting and send the Subordination Agreement to the City Clerk's Office for the Mayor's signature. Once the subordination request is approved by the City Commission and the Subordination Agreement is signed by the Mayor, the Neighborhood Services Division shall follow through with the instructions provided by the lender as it relates to the mailing and /or faxing of the executed Subordination Agreement. The lender should provide the City with a recorded copy of the Subordination Agreement. Amended 12/3/13 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CDBG SUB - RECIPIENT FUNDING AGREEMENT/ FAIR HOUSING CENTER OF THE GREATER PALM BEACHES ITEM BEFORE COMMISSION The item before Commission is approval to execute an agreement for funding with the above - listed sub - recipient under the 2013 -2014 Community Development Block Grant (CDBG) Program in the amount of $2,000. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 25, 2013, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2013 -2014. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub - recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. Thise agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Funding is available from 118- 1966 - 554.82.12 (Community Development Block Grant). RECOMMENDATION Staff recommends approval and execution of the attached agreement, in order that funding may proceed in accordance with the Commission - approved Action Plan for fiscal year 2013 -2014 in the amount of $2,000. FY 2013 -2014 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate - Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this Agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry -out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Two Thousand Dollars and 00/100 ($2,000.00 . 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per seminar /session. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar /session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session /seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees /attendees for each session /seminar; c. A request for funds /invoice; d. Proof that each seminar /session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers /invitations /newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2013, to September 30, 2014. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, Agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of incorrect material or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement, without cause at any time, by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this Agreement, provided that such costs specifically further the objectives of this Agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A -122, OMB A -21, OMB A -133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063, which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163), which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovation and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 12 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this Agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations." b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). 5 c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site, where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. D d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this Agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less, shall be disposed ofat the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous Agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous Agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this Agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if the CITY determines, in its sole and absolute discretion, that federal, State and /or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 -day 9 period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. 0 The foregoing instrument was acknowledged before me this _ day of , 20 , by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA la 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The SUBRECIPIENT has been awarded CDBG funds to assist with the provision of fair housing education and outreach events and housing enforcement, landlord tenant counseling and foreclosure representation. Services shall be provided at various venues in Delray Beach. At least 51% of the beneficiaries served under this Agreement must be low and moderate - income persons, adjusted for family size, as published annually by HUD for this area. Upon the following terms and conditions: a. Conduct a minimum of five (5) Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school -age children and community organizations, upon the following terms and conditions. Seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2013 through September 30, 2014). b. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c. Each seminar /session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar /session). d. Reimbursement of expenses will be provided upon completion of each seminar /session, at the predetermined amount of $400.00 per seminar /session, with the total maximum reimbursement not exceeding $2,000.00 (for the five seminars /sessions). e. All seminars /sessions will be open to participants, free of charge f. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1. Community Education Sessions for civic organizations, community based agencies, social service providers, immigrant populations and /or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. 2. Housing Industry Provider Education Seminars for developers, real estate brokers, property managers, financial institutions, and the media /advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. 3. As required by HUD, collect maintain statistics on the race, ethnicity and income for the households served by its fair housing education seminars and fair housing enforcement, landlord tenant counseling and foreclosure representation programs. 4. Provide any additional project information or statistics that may be requested by HUD or the CITY. 5. Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management SAM) registration for the entire period of Agreement. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A -122 ITEM OF COST OMB A -122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ** Overtime, shift premiums ** Page charges in professional journals (research) Participant support costs ** Patent costs Pension plans Plant security Pre -award costs ** Professional services Profits, losses on asset disposition �* Public information service ** Publication and printing costs ** Rearrangement, facility alteration ** Reconversion costs Recruiting Relocation �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A -122 NONPROFITS Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination - related costs Training, education Transportation Travel �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CDBG SUB RECIPIENT FUNDING AGREEMENT/ ACCF (BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL) ITEM BEFORE COMMISSION The item before Commission is approval of the Agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) as a non -profit partner responsible for carrying out services at the Village Academy Beacon Center. BACKGROUND The City of Delray Beach and the Community Child Care Center, doing business as Achievement Centers for Children and Families (ACCF), provide Beacon Center services at the Village Academy. The City provides the ACCF $52,000 in support of the Beacon Teen Program. ACCF is responsible for providing detailed, narrative quarterly reports documenting student and parent participation in compliance with annual goals established for the program. FUNDING SOURCE Funding is available from 001 - 4111 -572 -83.01 (General Fund: Other Grants & Aid) RECOMMENDATION Staff is recommending City Commission approval of the Agreement between the City of Delray Beach and the non - profit partner, Achievement Centers for Children and Families (ACCF), responsible for carrying out the approved services and programs through the Beacon Center at Village Academy for Fiscal Year 13/14. AGREEMENT THIS AGREEMENT, made this day of , 20_7 by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1St Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, (CCCC), d /b /a Achievement Centers for Children and Families (ACCF), 555 N.W. 4t" Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not -for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This Agreement shall commence on October 1, 2013 and terminate on September 30, 2014 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a. The total Payment for services rendered pursuant to this Agreement allocated through the Parks and Recreation budget in the amount of $52,000 for October 1, 2013 through September 30, 2014 and shall be made payable to CCCC in equal amounts of $13,000 on a quarterly basis. CCCC shall submit an invoice to the City by the 10t day of each month following the end of the quarter along with a narrative summary report of all activities carried out for the Teen component of the Beacon Center during the quarter for which the funds are requested. The City will provide reimbursement to CCCC within thirty (30) days after receipt of the invoice. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and /or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days' notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. C. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: • CSC Nepotism Policy Certification; • Personnel Policies and Procedures; 2 • Job Descriptions of all funded staff positions; • Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); • License(s) to operate agency /program, if applicable; • Current list of Subcontractor's board members; • Sales Tax Exemption Certificate; • Service site(s) Fire Inspection Certificate(s), if applicable; • Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days' notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 3 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: Louie Chapman, Jr., City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 For CCCC: Stephanie Seibel Executive Director 555 N.W. 4t" Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty -four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days' notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue /Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. CCCC shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. in accordance with state law, CCCC agrees to: 12 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 CCCC 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 CCCC. e) If CCCC 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. 16. Inspector General. CCCC is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from CCCC and its subcontractors and lower tier subcontractors. CCCC understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CCCC or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination 17. Entire Agreement. This Agreement along with Exhibits "A ", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 18. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. 5 IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk Approved as to Legal Form: City Attorney CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor WITNESSES: COMMUNITY CHILD CARE CENTER d /b /a Achievement Centers for Children and Families Print Name Print Name D By: Stephanie Seibel, Executive Director MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CDBG SUB - RECIPIENT FUNDING AGREEMENT/ LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. ITEM BEFORE COMMISSION The item before Commission is approval to execute an agreement for funding with the above - listed sub - recipient under the 2013 -2014 Community Development Block Grant (CDBG) Program in the amount of $4,000. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 25, 2013, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2013 -2014. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub - recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Funding is available from 118- 1966 - 554 -82.12 (Neighborhood Services: Aid to Private Organizations /Fair Housing Center). RECOMMENDATION Staff recommends approval and execution of the attached agreement, in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2013 -2014 in the amount of $4,000. FY 2013 -2014 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate - Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 1 b. "Personal Property" means personal property of any kind except real property. c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this Agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Four Thousand Dollars and 00/100 ($4,000.00 . 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per seminar /session. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will disburse $500.00 per unit for a minimum of six (6) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar /session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session /seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees /attendees for each session /seminar; c. A request for funds /invoice; d. Proof that each seminar /session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers /invitations /newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2013, to September 30, 2014. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either party shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of incorrect material or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time, by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this Agreement, provided that such costs specifically further the objectives of this Agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A -122, OMB A -21, OMB A -133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063, which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended, which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163), which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovation and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 12 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carriedout by the performance of this Agreement. To the greatest feasible extent, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this Agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations." b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). 5 c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site, where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. D d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this Agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less, shall be disposed of at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to, any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full -force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if the CITY determines, in its sole and absolute discretion, that federal, State and /or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City 9 Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 -day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 0 The foregoing instrument was acknowledged before me this _ day of , 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA A 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The SUBRECIPIENT has been awarded CDBG funds to assist with the provision of fair housing education and outreach events and housing enforcement, landlord tenant counseling and foreclosure representation for eligible residents in Delray Beach. Services shall be provided at various venues in Delray Beach and at the SUBRECIPIENT's office located at 423 Fern Street, Suite, 200, West Palm Beach, FL 33401. At least 51% of the beneficiaries served under this Agreement must be low and moderate - income persons, adjusted for family size, as published annually by HUD for this area. Upon the following terms and conditions: a. Conduct a minimum of four (4) fair housing seminars annually for Delray Beach residents, housing industry groups (including lenders, property managers, and realtors), community groups, civic associations, and /or schools, within the municipal boundaries of the CITY. SUBRECIPIENT compensation shall beat the predetermined rate of $250.00. b. Provide a minimum of six (6) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents. SUBRECIPIENT compensation shall be at a predetermined rate of $500.00 per unit. c. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). d. Each seminar /session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar /session). e. Reimbursement of expenses will be provided upon completion of each seminar /session, at the predetermined amount of $250.00 per seminar /session, with the total maximum reimbursement not exceeding $1,000.00 (for the four seminars /sessions). f. All seminars /sessions will be open to participants, free of charge. Legal Aid Society of Palm Beach County, Inc. shall provide: Conduct a minimum of four (4) Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school -age children and community organizations, upon the following terms and conditions. Seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2013 through September 30, 2014). SUBRECIPIENT compensation shall be at a predetermined rate of 250.00 per seminar. 2. Provide a minimum of six (6) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents. SUBRECIPIENT compensation shall be at a predetermined rate of $500.00 per unit. ito] 3. Conduct an ongoing media and public information campaign on fair housing, including publication and dissemination of any LEGAL AID SOCIETY of PALM BEACH COUNTY, INC. newsletter or publications. 4. Operate a telephone hotline that will provide the public with a. information for victims of housing discrimination, b. referral services to file complaints and seek redress, and c. affordable housing and housing related referrals 5 Provide any additional project information or statistics that may be requested by HUD or the CITY. 6 Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management (SAM) registration for the entire period of agreement. 11 ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A -122 ITEM OF COST OMB A -122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ** Overtime, shift premiums ** Page charges in professional journals (research) Participant support costs ** Patent costs Pension plans Plant security Pre -award costs ** Professional services Profits, losses on asset disposition �* Public information service ** Publication and printing costs ** Rearrangement, facility alteration ** Reconversion costs Recruiting Relocation �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A -122 NONPROFITS Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination - related costs Training, education Transportation Travel �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CDBG SUB - RECIPIENT FUNDING AGREEMENT ACCF (MAIN FACILITY AND VILLAGE ACADEMY) ITEM BEFORE COMMISSION The item before Commission is approval to execute an Agreement for funding in the amount of Fifty - Six Thousand, Thirty -Three Dollars and 00 /100 ($56,033.00) with Achievement Centers for Children and Families (ACCF) under the 2013 -2014 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 25, 2013, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2013 -2014. The Action Plan contains an appropriation for public service activity and was approved by the Commission. The major focus of funding to the ACCF under this Agreement will be providing day care, after - school care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate - income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 NW 4th Street, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub - recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Funding is available from 118- 1966 -554 -82.09 (Community Development Block Grant/Neighborhood Services: Aid to Private Organizations /Child Care Center). RECOMMENDATION Staff recommends approval and execution of the attached agreement, in order that funding in the amount of Fifty -Six Thousand, Thirty -Three Dollars and 00 /100 ($56,033.00) to ACCF may proceed in accordance with the Commission - approved Action Plan for fiscal year 2013 -2014. FY 2013 -2014 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES', hereinafter referred to as "the SUBRECIPIENT," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444 -2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate - Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this Agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carryout the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifty -Six Thousand, Thirty -Three Dollars and 00/100 ($56,033.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse twelve (12) monthly payments in the amount of Four Thousand Six Hundred Sixty -Nine Dollars and Forty - Two Cents ($4,669.42) Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee performance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); c. Monthly Project Budget, detailing requested funds, included in this Agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2013, to September 30, 2014. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, Agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time, by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article I I I of this Agreement. 6.3 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this Agreement, provided that such costs specifically further the objectives of this Agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A -122, OMB A -21, OMB A -133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovation and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 12 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried -out by the performance of this Agreement. To the greatest feasible extent, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this Agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations." b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 5 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take D appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this Agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less, shall be disposed of at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous Agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous Agreements with the CITY shall be listed in the property records of the 7 SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this Agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full -force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if the CITY determines, in its sole and absolute discretion, that federal, State and /or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 -day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. LM The foregoing instrument was acknowledged before me this _ day of , 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA 9 Mayor ATTACHMENT "A" SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after - school care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate - income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 4th Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after - school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler — 12 months to 3 years, pre - school — 3 to 4 years, pre- kindergarten — 4 to 5 years and after - school /out -of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51 %) of the beneficiaries of subsidized day care must be low and moderate - income persons (as determined annually by HUD for the area). c. Offer day care services from 7:00 a.m. to 7:00 p.m. Monday through Friday, after- school /out -of- school services from public school closing time to 7:00 p.m. and Saturdays 6:00 a.m. to 8:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' staff providing the on -site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A -122 ITEM OF COST OMB A -122 (NONPROFITS) Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingency provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ** Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs ** Overtime, shift premiums ** Page charges in professional journals (research) Participant support costs ** Patent costs Pension plans Plant security Pre -award costs ** Professional services Profits, losses on asset disposition �* Public information service ** Publication and printing costs ** Rearrangement, facility alteration ** Reconversion costs Recruiting Relocation �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A -122 NONPROFITS Unallowable Allowable Rental Royalties, use of patents, copyrights Severance pay Specialized service facilities Taxes Termination - related costs Training, education Transportation Travel �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. * ** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) day notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non - owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Parks and Recreation Director THROUGH: Louie Chapman, Jr., City Manager DATE: November 26, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CONSENT TO ASSIGNMENT FROM BULKY DENT BASEBALL SCHOOL TO ELEV8 SPORTS INSTITUTE, INC. ITEM BEFORE COMMISSION The item before the City Commission is approval of the Consent to Assignment of the Lease Agreement from Bucky Dent Baseball School, Inc. to Elev8 Sports Institute, Inc. Elev8 will assume and agrees to all terms and conditions of the original Lease Agreement. BACKGROUND On February 13, 2003, the City of Delray Beach and Bucky Dent Baseball School, Inc. entered into this agreement, however Bucky Dent is now under the ownership of Elev8 Sports Institute, Inc. RECOMMENDATION Staff recommends approval of the Consent to Assigment between Bucky Dent Baseball School, Inc. and Elev8 Sports Institute, Inc. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under a lease agreement dated February 13, 2003 and originally between the City of Delray Beach and BDBBS, Inc. does hereby give consent to the assignment of the agreement from BDBBS, Inc. to Elev8 Sports Institute, Inc., a Florida corporation, which shall assume and agrees to all terms and conditions of the original lease agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of 2013. ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) COUNTY OF CITY OF DELRAY BEACH, FLORIDA 0 Cary D. Glickstein, Mayor BDBBS, Inc. IM The foregoing instrument was acknowledged before me this day of 2013, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), 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. Signature of Notary Public WITNESSES: Elev8 Sports Institute, Inc. LLC 0 (Print or Type Name) (Print or Type Name) COUNTY OF The foregoing instrument was acknowledged before me this day of 2013, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), 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. Signature of Notary Public MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Parks and Recreation Director THROUGH: Louie Chapman, Jr., City Manager DATE: November 26, 2013 SUBJECT: AGENDA ITEM 8.H.1 - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 AMENDMENT NO. 1 TO THE LEASE AGREEMENT /ELEV8 SPORTS INSTITUTE, INC. ITEM BEFORE COMMISSION The item before Commisison is approval of Amendment No. l to the Lease Agreement between the City and Elev8 Sports Institute, Inc., for the use of Robert P. Miller Park and Currie Commons Park. It amends the description of the playing fields to reflect the present layout. Under this amendment, Elev8 Sports Institute, Inc. agrees to pay for turf maintenance of all the fields at Robert Miller Park and Currie Commons Park at no cost to the City. The amendment includes a detailed description of the maintenance requirements in Exhibit D. In exchange, Elev8 will have primary use of Sergio Field until 6:00 p.m. on weekdays in addition to the field use as described in the original lease agreement. Further, Elev8 agrees to pay the City a usage fee for its use of the fields in addition to the times agreed to in this lease agreement. BACKGROUND On February 13, 2003, the City of Delray Beach and Bucky Dent Baseball School, Inc. entered into this agreement. In 2008, the reconstruction of the Robert P. Miller Park took place resulting in the present field layout. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the Lease Agreement between the City of Delray Beach and Bucky Dent Baseball School Inc. dated February 13, 2003. =X-7 3QB THIS AMENDMENT NO. I to the Lease AgNWAW 11 WIMIN fto by and between the CITY OF DELRAY BEACH (Lessor) and ELEVS SPORTS INSTITUTT!, INC. (formerly DOBBS, INC.) (Lessee) on this day of . A 2011 0 M1MM*d"'1111 WHEREAS, the parties desire to amend the daWMF%% Of VM P%" Whan described in the Lease Agreement entered into February P 13, 2003 to reflect the press playing field layout that was created when Robert P. INEw FgdLmsk Em park equipment in exchange and consideration for th(I primary use of certaim areas of Robert P. ArM M" %W "417le Commons Park from 8-00 A. M. to 3.00 P. Monday through IF"ft *o W*o*XWA U", oft 0% 0 M&M ONE Iffreas at all REM467 V*045A " MA ere into 0 February 13, 2003 to give ELEV8 SPORTS INSTITUT primary use of Field 7 (known a -1 9Vq7W " WM it 101N. Monday through Friday, with City to have primeT im aj WHEREAS, the parties agree to amend the LOM MpMMUM Mtered into February 13, 2003 to require ELEV8 SPORTS INSTIT for use of Imikv ntside the times agreed upon in the Lease Agreement in accordanct with the CITY'S usage fee structure. WHEREAS, the parties desire to amend the Lease Agreement entered into M=7 Uni 1 101 1A1-UM.'0MD06t1W1tr1theUe erg law pertaining to public records. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficieniy of which is hereby acknowledged, the partiew iIl� w" is %Am4, 1. W Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. The parties desire Q* *WN*A @*cW#* 64? of the Lease Agreemeffit MONO 0 into February 13, 2003 as folloan Rig= 17j 0 0 b The parties desire to amend Section 3.02 *? SW 664H JWpb&Mght entered 1811=CR,2003 %T:oIlIC1737: IIIIIIIIII111 IN 1111111111111, 11 1111111111111111111,11 1 IIIIIIIIIIIIIIIIIIII��p 71 7 1 1 7777- 1 bed! 'I'll 111' "1 111 11 .5 S above ="MJA(=gAMjWLjnaintenance. Cl a I ta 0 n t K� to areas described 777, into February 13, 2003 as folloval 4.01 Lessee shall have the primary In" *4 Mw 5***1*IJs-OR44e �I� fields Bert F filler Field or�le and -00 A.K the fields at r M2,.n"—kBtween the hours of 8. through 3,00 P.1W ** wgd%W. LA*Mr shall continue to have primary use of the leased " Iwo SM 1P.W AwI &W %,X. &A durii7g all hours on weekends and holidays. Lessee shall have primary to and the consent of the Director of Parks and Recreation or ijillAWAN ft Am mf 00 by other persons which it is not using duNq M4@o .' MA*W Mw 11 1has primary use of the fields, -aqWggt to a royal by . If LAWoor desires to permit tt& An JW MW M%EM fields by persons other than Lessee, it may. In its OaMM" MONMR., Lamsor shall, ON 0 M7717mendl, ec io XhALIaasefflj�—gmTmunt entered 0 into February 13, 2003 as follows: 5.04 Notice of termination shall be in writing, delivered by certified mail, return receipt requested, respectively sert Or. 0 {Lessee);- Skorts Institute, Inc _B_.MwhwsI4 V° � 11. Donald Uderitz, President 4904)otte�� 407 BE 'I't Street Delray Beach, Florida 3344433483 (Lessor) City of Delray Mom* Department of W" 0 ISHOMMIN?i 100 N.W. 1 st Anumm Delray Beach, WbAM JMM mailing addresses. i 77177IF7777 7 fO TV7-7-77AT g= em, (7717777rea , into February 13, 2003 as follows: so long as this lease is in effect. 7. fU NIPAgMOMMthe replace Exhibit "C" OW t Wp*UgUt entered d into February 13, 2003 with a new Exhibit "C", attached hereto, which reflects the rj �717777177R "I'll" "I'll 1. f M T. 5 It The parties agreM V MW.Ii-'nI attached hereto, to to& 6-1 Agreement entered into February 13, 2003, which describes field maintenancl MONUM be performed by Lessee. 10. The parties desini Im mO 117tiks 9!01*w to 1-maw- 0 into February 13, 2003 as follov§6 I would be rec Area by fl— ri+%,r W-A t1M-JM-J7M JMMjMMWj=lip 1we77ra3r3MjjMM .......... ----------- cost that does not exceed the t r v t at. or as otherwisp- rovidpd gcL) ED Ensure that _ at public records that are axe t or confidential and not disclosed except as authorized by aw. rr - ----------------------- ....................... 1111111=s� a cords stored electronic 11 must Is irovide MMM 0 M 0 tin technoloov swWMAm 10 0( F. 1.5 0 0 0 AM OWWporated herein. ■ IN WITNESS WHEREOF, the -partiEq 011OF MW qpquted this ■ Amend rM MS. R year first above written. Approve ■ By, City Attorney WIT NEE; CITY OF DEL RAY BEACH, FLORIDA ■ By-.-- - Cary Glickstein, Mayor ELEV8 SPORTS INSTITUTE, IN* y: -------------- DomM &OWN, FgmgMft I HEREYV �' tNTIFV Imi w f& "Afaj&&�JM Iftfficer duly authorized in the state and cm&Vr gmgmW almove to Adkm mcknowledgements, personally I 0 0 0 the corporation and that he also affixed thereto the official seal of the corporation. i SWORN TO AND SUBSCRIBED before me this day of 201 A. Notary Public 0 My Commission Expires: .F I 0 I E ■ 0 L-: T r� ao� F_ C�. OILY_ _ zi �L•i. e ?2Y��f1 } is 6w v"a. jift IN', ^Iii - ••'�, a. *• : ,.,. . .. y ''�Tjj . A 11 mt Vs • e<< -try} .. •„ ] N n •'J,•n•� r $ A . i,, Ai e I . 1€ _ _ , -'♦ 'v Ni IV r m 1,,, SPORTS TURF MAINTENANCE Lessee shall maintain %W*M Uw& OW AM 1knd their contiguous areas h U- healthy, growing, green, phr mrsiMn jWqnr%wming the following operations, t. 6=m WN W% MpMEM 1W 0 squiar baseball field maintenance Z&jp� iff VU"M"* WW#j""k J1 Mpmollpr and maintain a baseball field in #@Aq ***MM 0W%wMhj, &a WK MMW to, the fol lowing IV4* " 4mo wpwo wa*W U& (2) times per week fro Mammim mft vm 01$ im pw week from December Mift a VE04" mwsmr M77777174777777 M iiie dkqm ohd be aerified two (2) tirw4l 84 -"M V" 16* (2) more Woe ** *war areas, for a total of MA $t)A� PM OM K IMMIMM all be applied as needed for weed control. r an axsWhr weed control, Two (2) times per W*ft ow *OWW. ,ok V490MM shall be applied for ant and mole cricket control two Ow ow War, with more as needed - vii. All fence rovqw4WVox#"*W be edged weekly. 0 ,--I viii. "Round-Up" shall be applied on all fence rows as needed, 0 0 is. All warning tracks shall be weeded m" MMW 0 x. Clay shall Ism qhmppW orw M days/week. Also fielcil MM I& lined for all jpwww. A so saw awaonaaM xP V.00uMn Bermuda" Grass or "Bermuda" m4dl mqmk� Pim OPW Odw. ji. M "gOW Uw*MV 04o am *( **^1*@M *W U Ah *w1hpiance with 0 MMM, Ifift US SM V= mW nk In amr?qfthed by or Misr fu &VAIR #( .1 NO& 0~ Rpplicators' U406* J�k�� "I " P WM "WMMM governing 2. INFIELD MAINTENANCE LUMM 090 M% mopmsible for all regular infield field maintenanc4a 9W&� im cawmi" Owbo"qd Or render and maintain the infield in playing i0oumd, W Am mmm -a, *A M=W4. etuse la e b. Lip repair of infields shall be performed al; mamajo& jMMAL%MJLQV E Losses shall be responsible for the regular maintenance of the following ballpark equipment: 0 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Interim Parks and Recreation Director THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 LICENSE AGREEMENT / MAE VOLEN SENIOR CENTER, INC. ITEM BEFORE COMMISSION The item before the City Commission is a request to approve a License Agreement between the City of Delray Beach and the Mae Volen Senior Center for the use of the building and the parking lot at the Western Community Center for a term of one (1) year. The City Commission may renew this agreement for three (3) additional one (1) year terms if the Commission determines in its sole discretion that the renewal is in the best interest of the City. BACKGROUND The City's agreement with the Mae Volen Senior Center for the use of the Western Community Center expired in September 2013. Under the new license agreement, the City has given the Center a license to use the building and the parking lot at the Western Community Center for a term of one (1) year. The agreement provides for the responsibilities of the City and Mae Volen. Some of the highlights of the agreement are: 1) In exchange for the license to use the site, Mae Volen agrees to perform all the interior maintenance of the building; and 2) The City will be responsible for the maintenance of the roof and foundations, the HVAC, the fire protection system, the water heater, heating and electrical facilities, the parking lot and landscaping. RECOMMENDATION Staff recommends approval of the license agreement between the City of Delray Beach and the Mae Volen Senior Center for the use of the Western Community Center building and parking lot. LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into by and between the Licensor, CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City" and the Licensee, MAE VOLEN SENIOR CENTER, INC., a 501(c)(3), private, not - for - profit corporation, hereinafter referred to as "Mae Volen", this day of , 2013. City, for and in consideration of the covenants and conditions herein contained to be kept, performed and observed by Mae Volen, does license to Mae Volen and Mae Volen does accept from City a license for the exclusive use of the building Known as the Mae Volen Center for Adult Day Health Care ( "Center ") at the Western Community Center ( "Site ") located at Lake Ida Road and Congress Avenue, and includes non- exclusive use of the parking lot adjacent to said building. The terms and conditions more particularly described below: 1. THE PREMISES: The specific facility to be licensed is the building, walled courtyard, and parking lot of the Western Community Center as depicted in Exhibit "A ". City further represents that its municipal charter and municipal code authorize, grant authority and otherwise permit City to license the use of the site, and that City has conformed with all provisions relating to public notice and hearing and has otherwise complied with all requirements to license the use of City property. 2. TERM: This agreement shall be for a term of one (1) year, referred to as the agreement term, commencing and expiring . This agreement may be renewed by the City Page 1 of 12 Commission for three additional one (1) year terms if the Commission determines in its sole discretion that the renewal is in the best interest of the City. 3. SERVICES PROVIDED: Mae Volen will provide staffing for the development, management and execution of programs at the Center in accordance with all state regulations and licensing requirements. 4: MAINTENANCE, REPAIRS, AND UTILITIES: A. At its expense, Mae Volen shall keep the Center in good working order, repair and condition, subject to ordinary wear and tear, (which condition shall also be clean, sanitary, and free of pests and rodents, and which repairs shall include necessary replacements and compliance with all laws now or hereafter adopted). Mae Volen's obligations hereunder shall include the repair and maintenance of the interior items including but not limited to the Center's fixtures, furnishings, equipment, office equipment, computers, telephones, security and alarm system, interior ceilings, interior walls, entrances, signs, interior decorations, floor coverings, wall coverings, entry way, interior and exterior doors, interior and exterior paint, screens, interior glass including any plate glass, plumbing fixtures, light fixtures and bulbs, keys and locks, fire extinguishers, equipment and lines for water and gas in the interior of the building, and other systems and equipment which serve the Center that are located within the Center, and all alterations and improvements to the Center whether installed by the City or Mae Volen. The obligations of Mae Volen pursuant to this Section 4(A) are herein called "Licensee's Regular Maintenance ". B. At its expense, the City shall maintain and repair exterior items including but not limited to the parking area, parking lot lighting, roads, sidewalks, Page 2 of 12 exterior lighting, exterior fencing, landscaping, and the landscape irrigation system. The City will not be responsible for repair of damage to these areas that is caused by Mae Volen's negligence. The obligations of the City pursuant to this Section 4(B) are herein called " Licensor's Regular Maintenance ". C. At its expense, the City shall provide all necessary repairs and replacements to the roof, foundations, exterior walls and load- bearing interior walls of the Center. In addition, the City shall provide all necessary repairs and replacements to the HVAC, the fire protection system, the water heater, and the heating and electrical facilities. Notwithstanding the foregoing to the contrary, City shall have no obligations with respect to any repair or replacement or otherwise pursuant to this Section, unless and until Mae Volen has notified the City in writing of the necessity for any repair or replacement with a detailed description thereof. City shall diligently proceed with repairs and replacements, which are its obligation under this Section, subject to delays beyond its reasonable control. D. Except for floor and wall covering replacement and Licensee's Regular Maintenance, Mae Volen shall not make or suffer to be made any alterations, additions or improvements, in, on or to the Center or any part thereof without the prior written consent of City. Not in limitation of the foregoing, Mae Volen may post or erect any sign or other advertising in any medium consistent with the City's sign code, with Mae Volen to repair and maintain the sign as needed. E. Regardless of any obligation otherwise imposed upon the City, Mae Volen shall pay, upon within thirty (30) days of receipt of invoice therefor, for the Page 3 of 12 cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of Mae Volen or its employees, invitees, agents or officers. F. City may, but shall have no duty to, inspect the site and notify Mae Volen of any defects in maintenance or upkeep required under this agreement. G_ Mae Volen shall be responsible at its sole cost and expense for all operating expenses with respect to the Center, including utilities, consumable supplies, and trash removal. 5. USE: City shall at its sole and absolute discretion have the right to full use of the parking lot for such time as City requires. Mae Volen shall have exclusive use of the Center, including the courtyard. 6. TERMINATION: A. If Mae Volen shall fail to perform under the terms and conditions of this agreement, or shall fail to maintain the Center as set forth above, City shall notify Mae Volen of such failure and Mae Volen shall have a reasonable time, not to exceed thirty (30) days, to correct the failure. If Mae Volen does not or is unable to correct such failure, then City, at its option, may cancel this agreement or the remaining term thereof. B. Either party may terminate this agreement upon ninety (90) days notice to the other party with or without cause. C. In the event that there is an act of God, war, or terrorism that renders one or both of the parties unable to perform in accordance with the terms of this agreement, then the agreement may be terminated by either party by providing written notification to the other party. Page 4 of 12 7. INSURANCE AND INDEMNIFICATION: A. Mae Volen shall provide and maintain combined bodily injury and property insurance with damage limits that shall not be less than one million dollars ($1,000,000.00) per occurrence with an annual aggregate of two million dollars ($2,000,000.00). Excess insurance may be provided and maintained to satisfy this insurance requirement. B. Mae Volen shall provide and maintain Automobile Liability Insurance in accordance with the laws of the State of Florida to cover the ownership, maintenance and/or use of all owned, non- owned, or hired vehicles as required by the work to be performed under this agreement. The combined bodily injury and property damage limit shall not be less than three hundred thousand dollars ($300,000.00) per occurrence. Excess insurance may be provided and maintained to satisfy this insurance requirement. C. Mae Volen shall provide and maintain Workers' Compensation Insurance in accordance with statutory requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than five hundred thousand dollars ($500,000.00) for each accident, and an occupational disease limit of five hundred thousand dollars ($500,000.00) per employee /five hundred thousand dollars ($500,000.00) aggregate. D. Prior to the commencement of this agreement, City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this agreement. Certified copies of the policies will be Page 5 of 12 provided if requested by the City. Renewal Certificates shall be provided to the City at least thirty (30) days prior to the expiration of any policy. The conditions of this paragraph are conditions precedent to the effectiveness of this agreement. E. The City shall be included as an additional insured on Mae Volen's insurance certificate that describes the policies required under this agreement. The City of Delray Beach shall be named as an additional insured but only to the extent of monetary limits as set forth by Florida Statutes § 768.28 and the Florida Constitution. Nothing contained herein shall be deemed to be a waiver of the City's Sovereign Immunity. F. At least thirty (30) days written notice must be given to the City of any cancellation, intent to non - renew, or material reduction or change in insurance coverage. G. Mae Volen's insurance will be primary to the City's insurance or self-insurance programs. H. Failure of Mae Volen to comply with the terms and conditions of paragraphs 7(A) through 7(G) shall immediately render this agreement null and void notwithstanding any other provision to the contrary. 1. Mae Volen shall, to the extent allowed by law, hold City harmless and indemnify City and its employees against loss, claims, costs, and charges, including attorney's fees, from judgment or settlement in lieu of judgment or proceeding which arise from injury to person or property, which injury is a consequence of City's maintenance of the Center that is done at the direction of Mae Volen, or the activity of Page 6 of 12 Mae Volen with respect to the Center or performed by Mae Volen or any person acting under the authority of Mae Volen pursuant to this agreement. 8. TAXES A. Mae Volen shall be responsible for any property taxes or assessments levied against the site under any law now in effect or later enacted during the agreement term. Should Mae Volen's tax liability exceed five thousand dollars ($5000.00) annually, Mae Volen may cancel this agreement upon ninety (90) days notice. B. City shall not impose any taxes or franchise fees on Mae Volen's operation of services during the term of this agreement. 9. GENERAL PROVISIONS A. Amendments. This Agreement may be amended only in writing and the amendment must be signed by all the parties. B. Entire Agreement. This Agreement and amendments thereto constitute the entire understanding and agreement of the parties hereto and supersede any prior written or oral agreement pertaining to the subject matter hereof. C. Compliance with Terms. Failure to insist upon strict compliance with any of the terms of this Agreement (by way of waiver or breach) by either party hereto shall not be deemed to be a continuous waiver in the event of any future breach or waiver of any condition hereunder. D. Severability. If any portions of this Agreement shall, for any reason, be invalid or unenforceable, such portions shall be ineffective only to the extent of any such invalidity or unenforceability, and the remaining portion or portions shall Page 7 of 12 nevertheless be valid, enforceable and of full force and effect; provided, however, that if the invalid provision is material to the overall purpose and operation of this Agreement, then this Agreement shall terminate upon the severance of such provision. E. Assign ment/©elegation. Mae Volen shall not assign or otherwise transfer this license without the written consent of City. A transfer of the operation and /or control of the Mae Volen corporation shall be deemed to be an assignment of this license for purposes of this agreement. F. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida, with said venue in Palm Beach County. G. Headings. The headings or captions of the Sections of this Agreement are for convenience for reference only and do not in any way modify, interpret or construe the intention of the parties or affect any of the provisions of this Agreement. H. Force Majeure. In the event of either party being rendered unable wholly, or in part, by force majeure to carry out its obligations under this Agreement, then on such party's giving notice and full particulars of such force majeure in writing to the other party as soon as possible after the occurrence of the cause relied on, the obligation of the party giving such notice, so far as it is affected by force majeure, shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause shall, as far as possible, be remedied with all reasonable dispatch. The term "force majeure" as employed herein shall mean acts of the public enemies, wars, blockages, insurrections, landslides, earthquakes, hurricanes, sinkholes, fires, and floods. Page 8 of 12 Mae Volen agrees not to discriminate on the basis of race, creed, sex, age, religion or national origin. J. This agreement shall be immediately null and void in the event that Mae Volen becomes insolvent, files for bankruptcy or reorganization, becomes inactive, or dissolves during the period of this agreement. Notices. All notices, requests, demands and other communication regarding this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if delivered personally, or (b) on the next business day if sent by overnight national courier service, or (c) on the third business day after being mailed (registered or certified mail, postage prepaid, return receipt requested) addressed as follows: (Mae Volen) Mae Volen Senior Center 1515 West Palmetto Park Rd. Boca Raton, Florida 33486 Attn: Elizabeth Lugo, Director (City) City of Delray Beach Department of Parks & Recreation Attn: Director of Parks & Recreation 50 N.W. 1 st Avenue Delray Beach, Florida 33444 It is the obligation of the parties hereto to provide the other with current mailing addresses or to such other address as any party may have furnished to the other in writing. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the dates set forth below. Page 9 of 12 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA In Cary Glickstein, Mayor Approved as to form: By: iffy Attorn i MAE VOLEN SENIOR CENTER WITNESSES: Elizabeth Lug resident/CEO I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared k nq AaAa-meAo be the person described in and who executed the foregoing instrument asiNC r CL7k- , a corporation organized under the laws of the state of ' .' 5He acknowledges before me thate executed the foregoing instrument as such officer in the name and on behalf of the corporation and thaf he also affixed thereto the official seal of the corporation. Page 10 of 12 SWORN TO AND SUBS [DACE M. WMWA My COMMISSION 0 EE 167582 EXPIRES. Match 4, 2010 Page 11 of 12 SCRIBED before me this day of 2013. kV-4Zzo o. ZrAIL I Rotary Public My Commission Expires 3-- 04-20' Exhibit "A" Page 12 of 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: Louie Chapman, Jr., City Manager DATE: November 21, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 ANNUAL PERFORMANCE BONUS /JCD SPORTS GROUP, INC. ITEM BEFORE COMMISSION The item before City Commission is to consider bonus payments to JCD Sports Group for FYI 2-13. BACKGROUND As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance measures as approved by City Commission. Performance measures are weighted by points with 100 point total and the ability to receive an additional 25 bonus points for special projects such as hurricane clean up and other actions. Attached is the bonus payment request received from JCD Sports Group for FY12 -13 with point totals they feel should be assigned for each performance measure in the following amounts: JCD Sports Group Staff Recommendations Delray Beach Golf Club $8,572.50 $8,572.50 Lakeview Golf Club $2,562.30 $2,562.30 Tennis Operations $5,583.60 $5,583.60 Staff concurs with the calculations and this request. FUNDING SOURCE Funding is available from the following accounts: 445 -4711 -572 -34.90 ($15,000) for Delray Beach Golf Club, 446 - 4711 -572 -34.90 ($3,000) for the Lakeview Golf Club and 001- 4215 -575 -34.90 ($6,000) for Tennis Operations. RECOMMENDATION Staff recommends approval of bonus payments to JCD Sports Group for golf and tennis operations as recommended by staff for FYI 2-13. m 72 ], Cc U 3 a+ a � o *, N V m N p e ro a EL n a i6 C� W N 0 $ o wm o� N� � W � m . m � d a� m 0 W c. } ; W c. 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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 hear 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 Planning and Zoning Board Meeting of November 18, 2013 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (5 to 0, Thuy Shutt and Clifford Durden absent), of a final subdivision plat approval for Delray Village Shoppes Plat (flea Lintco Development), a proposed commercial shopping center located on the north side of Linton Boulevard, west of SW 4th Avenue. B. Recommended approval with conditions (5 to 0), of a final subdivision plat approval for 1001 Hibiscus Lane Plat, a proposed three -lot single family subdivision, located at the southeast intersection of Hibiscus Lane and NW 6th Avenue, and north of NW 9th Street. C. Recommended approval with conditions (5 to 0), of a final subdivision plat approval for Windsor, a four -unit townhouse development located at the northeast corner of Ingraham Avenue and Venetian Drive. D. Tabled (5 to 0), the final subdivision plat for The Grove at Lake Ida associated with replatting a 4- lot subdivision into seven (7) single family lots, located at the intersection of NW 3rd Avenue, NW 12th Street and Grove Way. E. Recommended approval with conditions (5 to 0), of a conditional use request to allow the establishment of a vocational nursing school for KAAB Nursing School, within the Congress Park Development, located on the west side of South Congress Avenue, south of West Atlantic Avenue. The proposed use will occupy a 4,100 sq. ft. tenant space located on the second floor of the existing 3 -story office building at 220 Congress Park Drive within the office park. F. Recommended denial (4 to 1 Christopher Davey dissenting), of the City- initiated amendments to the Land Development Regulations Section 4.4.13(D) "Conditional Uses Allowed"; Section 4.4.13(F) "Development Standards" Section 4.4.13(I)(2) "Performance Standards" and Section 4.3.4(J)(4) pertaining to density, height and the number of stories within the Central Business (CBD) District. Site Plan Review and Appearance Board Meeting of November 20, 2013 1. Approved with conditions (5 to 1, Rustem Kupi dissenting and Jose Aguila absent), the Class V site plan *, landscape plan and architectural elevation plan associated with the demolition of the existing structures and construction of a mixed -use project that contains 37,642 square feet of retail floor area, 37,991 square feet of restaurant floor area, 83,462 square feet of office floor area, and 343 dwelling units for Atlantic Crossing, located on the north side of East Atlantic Avenue, between NE 6th Avenue and Veterans Park. * While a special action was approved by the Site Plan Review and Appearance Board ( SPRAB) for building frontage relief, the dimensions considered by SPRAB were incorrect. The Site Plan Review and Appearance Board will consider the reconsideration of the special action at their meeting on December 11, 2013, with final action on December 18, 2013. Pertaining to the architectural elevations, the Board required that the applicant return with updated elevations for Buildings 2, 4 north, 4 south and 5, all on the east side of the property. It is anticipated that the special action and the building elevations will be placed on the appealable report for the City Commission meeting in January. Historic Preservation Board Meeting of November 20, 2013 2. Approved with conditions (5 to 0, John Miller and Ana Maria Aponte absent), a twenty -four month extension (expiring November 16, 2015) for an approved Certificate of Appropriateness and Class V Site Plan for the adaptive reuse and development of the properties on South Swinton Avenue from single- family residential to restaurant and personal services (spa), and for the development of the vacant parcel on SE 1st Avenue to a valet parking lot for Swinton Social, located at 27, 31, 35, and 43 South Swinton Avenue and 104 SE 1st 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: 3. Recommended approval (5 to 0), of a Historic Property Ad Valorem Tax Exemption request associated with improvements to a contributing property located at 65 Palm Square, in the Marina Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Milena L. Walinski, CGFO, Interim Finance Director THROUGH: Louie Chapman, Jr., City Manager DATE: November 22, 2013 SUBJECT: AGENDA ITEM 8.M.1 - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 PURCHASE AWARD TO MIDRANGE SUPPORT & SERVICE, INC. ITEM BEFORE COMMISSION The item before the City Commission is to approve the replacement of the iSeries with an IBM Power 7 Server from Midrange Support & Service Inc. for $44,900 via State Contract #250- 000 -09 -1. Midrange Support & Service Inc. was the reseller for the iSeries and has provided continued support. BACKGROUND The existing IBM iSeries (2 -City Hall and Police) are nine (9) years old and are having various maintenance problems. Currently, the City is on the last operating system that the old iSeries can handle. The disk drives are being refurbished monthly since new disk drives are not available for old machines. Current maintenance (hardware and software) is $44,016 per year. The price for a new IBM Power 7 Server is $44,900 which includes three (3) years of maintenance; this is compared to maintenance costs of $126,330 if the old IBM iSeries is kept. Another benefit in addition to cost savings in years two and three is the ability to keep the City's existing applications current as we continue the process of selecting a new financial system. FUNDING SOURCE Funding is available in the Police Department Equipment Maintenance accounts in the amount of $20,160 (001 - 2111- 521 -46.20 - $15,110 and 001 - 2111- 521 -49.90 - $5, 050) and in the Iinformation Technology (IT) Division Equipment Maintenance accounts in the amount of $24,740 (001- 1811 -513- 46.20 - $16,900 and 001 -1811 -513 -46.90 - $7,840). RECOMMENDATION Recommend approval of the Purchase Award to Midrange Support & Service, Inc. for the IBM Power 7 Server including three years of maintenance in the amount of $44,900. Realistically, to select a vender and implement the new financial software and hardware (from start to finish) would take approximately one and half to two years This time frame takes into consideration selecting a vendor (end users should be involved, on visits to live sites, etcetera), implementation (including time to test) of the new systems, and finally training users. Moving the entire City systems to a new platform, efficiently and safely will take time, and should not be done hastily. The City has special software needs, such as storm water that may or may not be handled by the selected vendor. We must anticipate, the, unexpected and allow time to handle what may come up, especially when we are dealing with so many applications. Thank you for the consideration of the request and please forward this information to the City Commission for their review and approval. ow ® � t 7 IT- Tacna a, M77- .................... aw C. 4 I x w RK & M Ic it It IN 11 Ir 11 11 Is 11 31 19 li 11 Al It so ME mw At 31 IN w x X x it oc it it is 2 it It IN it V IN x w X 95r x ML 12 11 It Jw A OE M. X it J3 b e w , pm, U, � M ' ` 6 - M-11 g''; I it ��I Jv e :5 °a a�, `� ? a a _ €a 1t `f, }:,;v s as`s s. s.i. r x.: ?:...'.$,�� a,ku ��a:�.fi ....,''� " ✓.�'�_.�3. ��W.,��ICfr�',[_- �- .�ok!" -. k:�e,x�.�i i, pry• &':! E 1rF r'�.�;:r�B.�p�r., `��i� s�`_� n sd' 3 � r. `$3�:9x�.r�'&�a�c Nu 7,,,T# .: yJ "I'M, �' S 75 U`^.t:? oY M .... oY M 9 x mokrylomm�. WAC K u x u " u _ 1 ■ n r �.. :�� - .� 4 x mf _ .2tip �'a . -I �� 'I b --sPF MO-9y'i: �ya�• e e "maw s i MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Secnior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman Jr., City Manager DATE: November 21, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CONDITIONAL USE REOUEST/ KAAB NURSING SCHOOL ITEM BEFORE COMMISSION The item before Commission is approval of a Conditional Use to allow the operation of the KAAB Nursing School within a 4,100 sq. ft. tenant space located on the second floor of an existing 52,712 sq. ft. office building in the Mixed Residential Office and Commercial (MROC) zoning district. The property is located at 220 Congress Park Drive approximately 870 feet south of West Atlantic Avenue on the west side of Congress Avenue. BACKGROUND The property measures 3.82 acres and contains a 52,712 sq. ft. 3 -story office building which was built in 1984. The proposal includes leasing a 4,100 sq. ft. tenant space located on the second floor of the existing 3 -story office building to operate the KAAB Nursing School which will offer educational diplomas for nurses. The hours of operation for the proposed school are 8:00 a.m. to 9:30 p.m. Monday through Friday. The class size will vary from 4 -20 students per classroom. There will be two classrooms at the school; therefore, the maximum projection of students at any one time is 40 students. The nursing school will have two (2) full time staff to help with the day to day administrative office duties. There will also be two (2) full time teachers and four part-time teachers. REVIEW BY OTHERS At its meeting of November 18, 2013, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5 -0 to recommend to the City Commission approval of the conditional use request subject to conditions. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 18, 2013. RECOMMENDATION Approve the conditional use request to establish an instructional center (KAAB Nursing School) based upon positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(E) (5) (Conditional Use Findings), and Chapter 3 of the Land Development Regulations, and consistency with the Comprehensive Plan, including Housing Element Policy A -11.3, subject to the following conditions: 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice; and 2. That the applicant reserves eight (8) designated parking spaces (24 hours a day, seven days a week) for the students of the school. These parking spaces must be located closest to the building with improved illumination for the eight required parking spaces pursuant to the LDRs. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to establish an instructional school (KAAB Nursing School) in the Mixed Residential Office and Commercial Zoning District has come before the City Commission on December 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Uptown Delray. 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. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No b. Concurrence: 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. 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? ► ITS C. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? ► ITS II. LDR REQUIREMENTS: 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: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Site Plan: Pursuant to LDR Section 4.6.9(C)(6)(e), private, or public educational facilities for colleges, vocational and trade schools shall provide one (1) space for every five (5) students which can be accommodated at maximum capacity. At maximum capacity, KAAB Nursing School can accommodate forty (40) students. IN such a case, eight (8) parking spaces (40 students / 5 spaces per student = 8 spaces) are required for this use. This number coupled with the balance of the building brings the required total to 180. The existing parking includes 199 standard spaces, 51 covered garage spaces and seven (7) handicap spaces for a grand total of 257 spaces. Use Square Footage Parking per Use Parking Required 4 spaces / 1,000 for Office Business use 48,612 the first 3,000 sq. ft. 3.5 spaces / 1,000 172 over 3,000 sq. ft. Educational Use One parking space KAAB Nursing 4,100 for every 5 students 8 School Total Parking 180 Spaces 2 This results in a surplus of seventy seven (77) parking spaces (257 — 180 = 77 spaces). In summary, there will be sufficient parking on -site for each of the 40 students to drive and park their individual vehicles. Are these requirements met? Yes No C. Landscaping: The City's Senior Landscape planner has reviewed the proposal respective to requirements for LDR Section 4.6.16 (Landscaping) and has attached the following conditions of approval: A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice. Upon addressing these site plan improvements (attached as conditions of approval), the conditional use will be found in compliance with LDR Section 4.6.16 Landscaping. Are these requirements met? Yes No d. CPTED (Crime Prevention Through Environmental Design): The City's Police Department has reviewed the development proposal for KAAB Nursing School and has offered the following comments and recommendations: Natural Surveillance (NS): Natural Surveillance (NS) to and from the building, the parking lot, and South Congress Avenue is very good. Natural Access Control (NAC): Parking lots have limited points of ingress and egress. However, the north parking lot is just a few yards from the large Congress Square shopping plaza located on West Atlantic Avenue. This plaza could provide a quick escape route for assailants, especially in the late evening hours. The proposal does not indicate whether the basement covered parking garage will be opened and available to students and staff. Parking garages are among the most difficult types of commercial properties to protect; present property, patrons, and employees with the greatest risk of becoming victims of crime. The applicant has indicated that as light need to be replaced, they will be replaced with LED or metal halide lamps lights. However, as only eight (8) parking spaces are required for the proposed use, staff and students should be advised to use only the surface parking lot and not park in covered parking garage. Landscaping: From a CPTED perspective the site contains the appropriate trees, shrubs, and ground cover. Landscaping maintenance strategies have historically been sufficient. Upon addressing these CPTED safety concerns, the conditional use will be found in compliance with applicable sections of the City Code. Are these requirements met? 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 set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this 3rd day of December, 2013, by a vote of in favor of approval and opposed. E Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice. 2. That the applicant reserves eight (8) designated parking spaces (24 hours a day, seven days a week) for the students of the school. These parking spaces must be located closest to the building with improved illumination for the eight (8) required parking spaces pursuant to the LDRS. PLANNING AND ZO CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE; November 18, 2013 ITEM: Conditional Use request to allow the KAAB Nursing School to operate in a 4,100 sq. ft. tenant space located within an existing 52,712 sq. ft. office building in the Mixed Residential Office and Commercial (MROC) zoning district. The property is located at 220 Congress Park Drive approximately 870 feet south of West Atlantic Avenue. GENERAL DATA: f 4J� Owner... . ............................ ..... G &C Congress Investors, LLC Applicant ............................... G &C Congress Investors, LLC �f f Agent. ......................... Location... ................................... ... Weiner, Lynne & Thompson, P.A.. On the west side of Congress Avenue, ATA "'' °: ❑ V approximately 870 feet south of West Atlantic Avenue (220 Congress Park h Drive) - Property Size. ............................. Current FLUM ........................... 3.82 acres _- z CMU (Congress Avenue Mixed Use) Current Zoning ............................ MROC (Mixed Residential Office and 1 Commercial) - 0 East: MROC Mixed Residential Office and Commercial) South: MROC (Mixed Residential Office and Commercial) a West: OSR (Open Space Recreational) Existing Land Use ...................... Office Building Water Service__ ................. Existing on site Ate,,,.• BOiI LEYpR� - - Sewer Service ........................ Existing on site -- The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an instructional school (KAAB Nursing School), pursuant to Section 2.4.5(E). Pursuant to LDR Section 4.4.29 (E)(6), educational facilities, training centers and vocational schools are allowed as a conditional use in MROC (Mixed Residential Office and Commercial) zoning District The subject property measures 3.82 acres, is zoned MROC (Mixed Residential Office and Commercial) and is part of the Congress Park Re -plat Tracks "E" and °E -1 ", according to the plat thereof, as recorded in Plat Book 86, Page 29, on the Public Records of Palm Beach County. The site contains a 52,712 sq. ft. 3 -story office building which was built in 1984. The current businesses occupying the building include, but are not necessarily limited to: Center for Back Pain, Cruisecheap_com, Refinance Myself Inc., Charles Schwab & Company Inc., Comprehensive Aids Inc., Capital Confirmation Inc., Integrative Acupuncture LLC., and Northwest Mortgage Inc. The development proposal includes leasing a 4,100 sq_ ft. tenant space located on the second floor of the existing 3 -story office building (52,712 sq. ft.) as an instructional KAAB Nursing School which will offer educational Diplomas for nurses. The applicant has provided the following statement to define the educational activities of the Kaab Nursing School: "The mission of the KAAB College of Health and Allied Development BSN Program is the education of individuals from diverse backgrounds to be well- prepared registered nurses who can provide competent care in a variety of ever - changing health care settings. Within the program, a learner- centered environment of mutual respect promotes individuals to grow intellectually and personally through the integration of theoretical concepts, values, and nursing knowledge in classroom learning activities and clinical experiences. Individual accountability as a member of the nursing profession and commitment to life -long learning and community service are graduate expectations" The hours of operation for the proposed school are 8:00 a.m_ to 9:30 p.m. Monday through Friday. The class ci7 e �Arill v� frnm 4 - ?n stied n +c er rlxsmom There Will I.1e fiAm rloccrnnmc at the erhnnl- therefore, the maximum projection of students at any one time is 40 students. Since no new construction is being proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the parking lot and have no effect on adjacent properties. No outdoor activity will place on site which could disrupt adjacent uses. Student parking will not interfere with the daily operations of businesses occupying the other floor of the office building. The anticipated maximum occupancy will include 40 students. The nursing school will have two (2) full time staff to help with the day to day administrative office duties. There will also be two (2) full time teachers and four part -time teachers. The full -time administrative office staff will be offering enrollment services and assistance to potential new students. Planning & Zoning Board - 11118 13 Staff Report Conditional Use Request for The KAAB Nursing School Page 2 CHAPTER 3 {REQUI RED _FIN_DINGS): (Performance Standards) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations (LDR), 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 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 consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. 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 subject property has a PLUM designation of Congress Avenue Mixed Use (CMU) and a zoning designation of Mixed Residential Office and Commercial (MROC). The MROC zoning district is consistent with the FLUM designation of CMU. Pursuant to LDR Section 4.4.29(E)(6) within the MROC zoning district, educational facilities, training centers and vocational schools are allowed as a Conditional Use. Based upon the above, a positive finding with respect to consistency with the FLUM can be made. 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. The development proposal consists of an existing office building containing three (3) floors which measure approximately 17,571 sq. ft_ each. The conditional use request to allow occupancy of 4,100 sq. ft. of the second (2 "d) floor by KAAB Nursing School for the purpose of an instructional and training center for nurses, will not affect the ability of the site to remain concurrent. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal, thus, concurrency is met. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required 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 goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: 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 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. 2 Planning & Zoning Board - 11118, 3 Staff Report Conditional Use Request for The KAAB Nursing School Page 3 To the south, the building abuts Alta Congress multiple family residential development. To the west are two multistory office buildings which were built in 1999 and are part of the Congress Park Office Center. To the east is the South County Administrative Building built in 1970. To the north is a 2- story office building which was constructed in 2006 and is part of Congress Park Office Center. The KAAB Nursing School will occupy 4,100 sq. ft. of the second floor of the existing 3 -story office building within the Congress Park Office Center. Since the business is operated entirely indoors, there will be no odor or noise interferences. Since no new construction is being proposed, dust and traffic volumes are not a concern. Vehicular circulation patterns are internal to the Congress Park Office Center parking lot and have no affect on the adjacent properties. No outdoor activity takes place on site which would disrupt the adjacent uses. Based upon the above, the KAAB Nursing School will not have negative impact the safety, habitability and stability of the adjacent residential uses within the Congress Park Office Center. SECTION 2.4.5E REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), 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 following zoning designations and uses border the property: North MROC (Mixed Residential Office & 2 -story office building constructed in 2006 Commercial South MROC (Mixed Residential Office & Alta Congress Multiple Family Residential Commercial ) Development West MROC (Mixed Residential Office & Two 2 -story office buildings (which are part of Commercial ) Congress Park Office Center East MROC (Mixed Residential Office & South County Administrative Building and Commercial) Can ress Avenue r -o -w located across the street from South Congress Tri -Rail station. The South County Administrative Building is loGate- d to the east of the building. There Is P m, 11tipip fammiv rimsoclIpntial rental development (known as Alta Congress) located to the south. To the west are two multistory office buildings which were built in 1999 and are part of the Congress Park Office Center. To the north is a 2 -story office building which was constructed in 2006 and is also part of Congress Park Office Center. There will be no detrimental effect upon the stability of the neighborhood. Likewise, the proposed conditional use will not hinder development or redevelopment of nearby properties. Based upon these facts, the proposed conditional use will not have an adverse impact on the surrounding area. Thus, positive findings can be made with respect to LDR Section 2.4.5 (E). 41 Planning & Zoning Board - 11/1& 3 Staff Report Conditional Use Request for The KAAB Nursing School Page 4 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Site Plan: Pursuant to LDR Section 4.6.9 (C)(6)(e), private or public educational facilities for colleges, vocational and trade schools shall provide one (1) space for every five (5) students which can be accommodated at maximum capacity. At maximum capacity, KAAB Nursing School can accommodate forty (40) students. In such a case, eight (8) parking spaces (40 students 15 spaces per student = 8 spaces) are required for this use. This number coupled with the balance of the building brings the required total to 180. The existing parking includes 199 standard spaces, 51 covered garage spaces and seven (7) handicap spaces for a grand total of 257 spaces. Use Square Footage Parking per Use Parking Required 4 spaces / 1,000 for the Office Business use 48,612 first 3,000 sq. ft. 172 3.5 spaces / 1,000 over 3,000 s _ ft_ Educational Use 4,100 One parking space for 8 KAAB Nursing School every 5 students Total Parking Spaces 180 This results in a surplus of seventy seven (77) parking spaces (257 — 180 = 77 spaces). In summary, there will be sufficient parking on -site for each of the 40 students to drive and park their individual vehicles. Landscaping: The City's Senior Landscape planner has reviewed the proposal respective to requirements for LDR Section 4.6.16 (Landscaping) and has attached the following conditions of approval: 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are be an FPL approved species due to the overhead wires that exist in this area. A good GhOiGe WGUld be Green ButtomAtood which must be a minimum of Qi4eem feint (16') in height_ Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building_ These trees must be a minimum of sixteen feet (16') in height with a seven foot (7') spread. Live Oaks would be a good choice. Upon addressing these site plan improvements (attached as conditions of approval), the conditional use will be found in compliance with LDR Section 4.6.16 Landscaping. 51 Planning & Zoning Board - 11118, 3 Staff Report Conditional Use Request for The KAAB Nursing School Page 5 CPTED (Crime Prevention Through Environmental Design]: The City's Police Department has reviewed the development proposal for KAAB Nursing School and has offered the following comments and recommendations: Natural Surveillance (NS): Natural Surveillance (NS) to and from the building, the parking lot, and South Congress Avenue is very good. Natural Access Control (NAC): Parking lots have limited points of ingress and egress. However, the north parking lot is just a few yards from the large Congress Square shopping plaza located on West Atlantic Avenue. This plaza could provide a quick escape route for assailants, especially in the late evening hours. The proposal does not indicate whether the basement covered parking garage will be opened and available to students and staff. Parking garages are among the most difficult types of commercial properties to protect; present property, patrons, and employees with the greatest risk of becoming victims of crime_ The applicant has indicated that as light need to be replaced, they will be replaced with LED or metal halide lamps lights. However, as only eight (8) parking spaces are required for the proposed use, staff and students should be advised to use only the surface parking lot and not park in covered parking garage. Lighting: The parking lots currently use pole mounted shoebox style fixtures. Because the quality of lighting is as important as quantity, the current shoebox style fixtures should use L.E.D. or metal halide lamps, and thus, this attached as condition of approval. The photometric study does not provide illumination levels for the curtilages, and parking garage. It also indicates that most Foot Candle (FC) illumination levels in the north parking lot are less than 1.0 Luminaries in the parking lot should provide a minimum of 4.0 FC during, and immediately after, class hour of operation, and thus this is attached as condition of approval. The parking garage should receive a minimum of 5 .0 FC of illumination level at all times, and be protected with CCTV near doorways and ambush points, and thus this attached as condition of approval. Landscaping: From a CPTED perspective the site contains the appropriate trees, shrubs, and ground cover. Landscaping maintenance strategies have historically been sufficient. Upon addressing these CPTED sa e y concerns, applicable sections of the City Code. _E1l1EYY Bi +DTIff;Sx..' L i F The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: • Fairways of Delray • Delray Citizen's Coalition 5 Planning & Zoning Board - 11118 13 Staff Report Conditional Use Request for The KAAB Nursing School Page 6 ® Ms. Gloria Leone, Woodlake Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection will be presented at the Planning and Zoning Board meeting. The proposed conditional use for KAAB Nursing School will not negatively affect the adjacent residentially property to the south (Alta Congress). An instructional educational center use is compatible with the surrounding neighborhood and will not negatively affect the stability of the area. The educational training center use is allowed in the MROC zoning district per LDR Section 4.4.29 (E) (6). Further, the development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A -11.3. Also, positive findings with respect to LDR Section 2.4.5(E)(5) Conditional Use Findings and LDR Section 3.1.1 (Required Findings), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed. A. Recommend Continuing of the conditional use request to establish instructional center (KAAB Nursing School) based upon inconclusive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(E)(5) (Conditional Use Findings), of the Land Development Regulations, and consistency with Comprehensive Plan policies with direction. B. Recommend approval of the conditional use request to establish an instructional center (KAAB Nursing School) based upon positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(E)(5) (Conditional Use Findings), and consistency with Comprehensive Plan policies, subject to conditions. C. Recommend denial of the conditional use request to establish instructional center (KAAB Nursing School) based upon a failure to make positive findings with respect to LDR Section Development Regulations, and Comprehensive Plan policies, as the proposed use will hinder development or redevelopment of nearby properties and will result in a degradation of nearby neighborhoods. Recommend to the City Commission approval of the conditional use request to establish an instructional center (KAAB Nursing School) based upon positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(E)(5) (Conditional Use Findings), of the Land Development Regulations, and consistency with the Comprehensive Plan Including Housing Element Policy A -11.3, subject to the following conditions: That the existing parking lot pole mounted shoebox style fixtures be upgraded and replaced with L.E.D. or metal halide lamps. Additional light fixtures may be required to IN Planning & Zoning Board - 11/18 13 Staff Report Conditional Use Request for The KAAB Nursing School Page 7 provide a minimum 4.4 FC illumination level during and immediately after class hours of operation. Illumination levels in the garage should be upgraded to provide 5.0 FC in addition to CCTV coverage near doorways and ambush areas. Work with the Police Department to accommodate these improvements 2. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (T) spread. Live Oaks would be a good choice. Staff Report prepared by Estelio Breto, Senior Planner Attachments: Survey, Site Plan, Floor Plan and Photometric Plan 7 -- DIGITAL 84SE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM1433 —KAAB Nursing School N P KAAB NURSING SCHOOL SUBJECT PROPERTY 220 CONGRESS PARK DRIVE PLANNING AND ZONING x_ DEPARTMENT LOCATION MAP �GNAO z G N > a DR. ANDRES WAY 1 J / X l' �d U z O ,^ V l! 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ANDRES WAY 1 J / X l' �d U z O ,^ V l! V 1 W// � LL z U COMMERCE DRIVE 4 Q O Q -- DIGITAL 84SE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM1433 —KAAB Nursing School N KAAB NURSING SCHOOL SUBJECT PROPERTY 220 CONGRESS PARK DRIVE PLANNING AND ZONING x_ DEPARTMENT LOCATION MAP -- DIGITAL 84SE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File — Cab \Z —LM 1001- 1500 \LM1433 —KAAB Nursing School �. 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B � , rvaam�,EERxwOS�ST�ol, E S: R FIRE RESISTANT REQUIREMENTS I ® TRAIL . eEas�•IrmEr�: STAIR ❑ AIM -�;— — — — — — — — rnaLEbm�r>:Eam�m�m �"- raeLEem.wrec,am�m rEwwr oEnlEl Z?� 'w`av xR T°r; mm• Roo F— DA EL��oCODES sr r&n <RO rvovAilcN a n �Im Exer €wJkPUL. �LAE1ER in�wl rx 6 IN AeEA r- L,avcE arr�ierNw� rmwvvrlcry a ExsT, emE Is lu wnEUaicE a r smlm E'L lx sr r� ELILOJtlSe CGUPiER M ALIERI10 LE IJ. nA 1—L ELECrwc ccoE amore lmza n 1 nArorinL s RE ERmECT cn ASwcAron ammE am ¢5 NmA.roU J 0 0 m 5rPoKiI1R mFilo A5H L L O r wITTH Po WNaI -I h m9EIDN,_� LEN rig µpy lm ® o`°��Lt -z ROGF P is O ammEDio .uL On+ER rat 5tssuuncns. ado aJ rvTc 5 LAHrri.r wsolCr 0 U) Z J Or v Z a O � J Z H1 LIFE SAFETY PLAN ]jN, rzm -mxl -rz as. rzms a e Ib.lxs .Imam -i -II �u- srAIR ❑ _ }_ U yL Lll ` o m e wn JSv °�. 10.03.2013 nLE'e' =1• 0� 8• 16' N' 32' Al FLOOR PLAN - SECOND FLOOR A10 OVERALL FLOOR PLAN -SECOND FLOOR A1.2 I'M Mff� AN, o NVIJ 3115 IJ 'HOV38 AVdI30 "3A SS3d9NO3 HOGS OZZ SVZ 31lnS �OOHOS ON sHnN 9VVN d n oi 6 1 Di n40 vivimna NNVIM HOS31d1 .............. 47, Tr q 1H Lu 0 IL C N zhl T , iaLli I TT ------- ------ L4Ln HE z iL LU F- CO u lY LU 2i 0 0 I a I - I u I - I x 1 0 1 - I - I v I u I m I MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 27, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Police Advisory Board. BACKGROUND There is a vacancy on the Police Advisory Board due to the resignation of Mr. Marc Muscarella. The term is unexpired ending July 31, 2015. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Petrolia (Seat #1) for one (1) regular member for an unexpired term ending July 31, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2015. City of Delray Beach Police Advisory Board — Applicants Exhibit A 1. Margherita Downey Resident 2. Joseph Ingram Resident 3. John Jackson Resident 4. Ellen Major -Hanna Resident 5. Robert Marks Resident POLICE ADVISORY BOARD 08/13 TERM EXPIRES NAME & ADDRESS 07/31/15 Jack Chadam Unexp Appt + 2 yr 05/21/13 07/31/14 Wyana Claxton Unexp Appt 08/16/11 Reappt07 /17/12 07/31/14 Samuel Menard Appt 08/07/12 07/31/14 Robert Shell, Chair Unexp Appt 08/02/11 Reappt 07/17/12 07/31/15 Matthew Monahan Unexp Appt 04/20/10 Reappt06 /21/11 Reappt07 /25/13 07/31/15 Annette Annechild Unexp Appt 11/01/11 Reappt07 /25/13 07/31/14 Shelly Weil, Vice Chair Appt 07/17/12 07/31/14 Aird Cajuste UC) Appt 07/17/12 07/31/14 Edith Thompson Appt 07/20/10 Reappt 07/17/12 07/31/15 Mr. Michael Costin Appt 08/06/13 07/31/15 Unexp Appt Vacant 07/31/15 (Student) Vacant 07/31/14 Paola Pineros Unexp Appt 12/04/12 Student Contact: Chevelle Nubin 243 -7051 S/ City Clerk /Board 13 /Police Advisory Board POLICE ADVISORY BOARD Re Appt 07/25/13 Annette Annechild Exp 07/31/15 P P P Appt 07/17/12 Aird Cajuste Exp 07/31/14 P P Appt 05/21/13 Jack Chadam Exp 07 /31/15 P P Re Appt 07/17/12 Wyana Claxton Exp 07/31/14 P P P Appt 08/06/13 Michael Costin Exp 07/31/15 N N N 0 0 0 Appt 08/07/12 Samuel Menard Exp 07/31/14 P P P M M M E E E E E E Re Appt 07/25/13 Matthew Monahan Exp 07 /31/15 P T I P T I P T I Re Appt 07/25/13 Marc Muscarella Exp 07/31/15 N G P N G N G Re Appt 07/17/12 Robert Shell, Exp 07/31/14 p S P S S Chair Re Appt 07/17/12 Edith Thompson Exp 07/31/14 p Re Appt 07/17/12 Shelly Weil, Exp 07/31/14 P P Vice Chair (Student) Appt Vacant Exp 07/31/15 (Student) Appt 12/04/12 P Paola Pineros Exp 07/31/14 P P S /City Clerk/Board Attendance 13 /Police Advisory Board • Ordinance 21 -10 amends Section 32.66 to provide for quarterly Board meetings effective July 20, 2010 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman Jr., City Manager DATE: November 26, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRITSTFFS ITEM BEFORE COMMISSION This item is before the City Commission to approve the nomination/appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND In accordance with Ordinance No. 24 -13 adopted on November 5, 2013, the Mayor may nominate a person as his designee to the Board of Trustees. However, the nomination must be approved by the City Commission. All designees must comply with Section 32.07 of the Code of Ordinances which stated that the person must 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. Meetings are held on the third Wednesday of every other month at 1:00 p.m. at the Fire- Rescue Headquarters located at 501 West Atlantic Avenue, Delray Beach. The following individual has submitted an application and would like to be considered for appointment: Jack Warner (served on the Financial Review Board) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend City Commission approve the nomination/appointment to the Police & Firefighters Retirement System Board of Trustees. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 06/13 (No Term Limits) TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE Indefinite Danielle Connor Serving as Fire Office: 243 -7410 Appt 01/01/12 Fire Chief Chief Fire Department connor @mydelray beach.com Indefinite Anthony Strianese Serving as Office: 243 -7851 Police Chief Police Chief Strianes @mydelray Police Department beach.com 04/22/2015 Alan Kirschenbaum City Office: 276 -1700 Appt 04/21/11 205 Pelican Way Commissioners Cell: 306 -5228 Reappt 05/21/13 Delray Beach, FL 33483 (2 yr term) Alan_kirschenbaum @msn.com 04/22/2015 Lieutenant Scot Privitera Police Dept Office: 243 -7888 Appt 12/2011 Police Department Reappt 04/2013 Drlylterak Cl. delrU- beach.fl.us 06/30/2014 Adam Frankel, Vice Chair City Home: 272 -0542 Unexp 05/05/09 150 NE 6`h Street, #L Commissioners Office: 302 -5325 Reappt 05/25/10 Reappt 05/15/12 Delray Beach, FL 33483 Fax: 394 -0140 Frankel@mydelrayb each.com 04/22/2014 John Palermo Police Dept Office: 243 -7881 Appt 04/10 Police Department Reappt 03/12 Palermo@mydelraybeach.co m 04/22/2015 Lt. Joe Ligouri, Chair Fire Dept Office: 243 -7888 Appt 04/99 Fire Department Reappt 04/01 Reappt04 /03 h orl cl delra y Reappt 04/05 beach.fl.us Reappt 04/07 Reappt 04/09 Reappt 04/11 Reappt 04/2013 04/22/2014 Gregory Giaccone Fire Dept Office: 243 -7430 Appt 03/12 Fire Department caruso@mydelraybe ach.com Vacant (sitting member) Mayor Contact: Anne Woods 276 -0512 (telephone /fax) 243 -4707 delrayp- f @comcast.net S /City Clerk /Board 13 /Police & Fire Pension Board of Trustees POLICE AND FIRE PENSION BOARD OF TRUSTEES NAME JAN FEB MAR APR '> MAY JUN JUL AUG SEPT OCT NOV DEC 20 14 8 19 21 4 18 Appt 01/01/12 Chief Danielle Connor P P P P Indefinite Re Appt 05/15/12 Adam Frankel, Exp 06/30/14 P Vice Chair N P N P Originally appt on 03/03/08 0 0 N O Appt 03/12 Chief Gregory Giaccone Exp 04/22/14 M P P M P P E E M E Re Appt 005/21/13 Alan Kirschenbaum Exp 04/22/15 E T I P P E T I P E T P P Lt. Joe Ligouri, Re Appt 04 /11 Chair Exp 04/22/13 N G P P N G P N G P P Appt 03/12 Lt. John Palermo, Exp 04/22/14 P S P A P Secretary Re Appt 04/13 Lt. Scott Privitera Exp 04/22/15 P P P P P Assistant City Manager (sitting member) P Appt 10 /10 Chief Anthony Strianese Indefinite P P S /City Clerk/Board Attendance 13 /Police & Fire Pension Board of Trustees • The Board voted to have six meetings on April 4, 2012. • The meeting of May 8th was cancelled. The meeting September 4th was rescheduled to August 21st MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) ITEM BEFORE COMMISSION The item before Commission is approval of the 2012 -2013 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development (HUD) for utilization of federal grant funds. BACKGROUND The Consolidated Annual Performance and Evaluation Report (CAPER) serves to meet performance reporting requirements by the Department of Housing and Urban Development (HUD), pursuant to the regulations established under 24 CFR 91.520. The CAPER covers the period of October 1, 2012 through September 30, 2013 in the reporting on HUD - sponsored activities as specified in the City's 2012 -2013 Action Plan. The CAPER further serves as an update on the goals and objectives identified in the City's Consolidated Annual Plan (2010 -2015) five -year plan. In accordance with HUD requirements, the CAPER is available to the general public for review and commentary for a period of not less than fifteen days (November 10, 2013 — November 25, 2013) prior to submittal to HUD. No public comments were received during this time frame. RECOMMENDATION Staff recommends approval of the CAPER pursuant to regulations established under 24 CFR 91.520 for the rating period of October 1, 2012 through September 30, 2013 to meet performance reporting requirements of the Department of Housing and Urban Development. EITY OF OELRRY BEREH Consolidated Annual Performance and Evaluation Report "CAPER" Fiscal Year 2012 -2013 11 P Community Development Block Grant Tula Butler, Director, Community Improvement Department City of Delray Beach Community Improvement Department Neighborhood Services Division 100 NW ls' Avenue Delray Beach, Florida 33444 (561) 243 -7280 December 3, 2013 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 City of Delray Beach Community Development Block Grant (CDBG) TABLE OF CONTENTS I. Executive Summary .............................................. ............................... 2 II. Summary of Accomplishments ............. . ..................... . ............................ 3 11I, Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives ................... ............................... 6 IV. Affirmatively Furthering Fair Housing . .. . . . ......... ............................... 8 V. Analysis of Impediments ................................. ............................... 8 VI. Affordable Housing ............ . ..................... . ... ............................... 11 VII. Continuum of Care Narrative ........................... ............................... 14 VIII. Other Actions ................................................ ............................... 15 IX. Leveraging Resources .. . ................... . . . . .............. . ............................. 19 X. Citizen Comments ......... ............................... . . ............................... 19 XI. Self - Evaluation ............................................... ............................... 19 XII. Additional (Narrative Statement) Issues .............. ............................... 21 a. Use of CDBG Funds in Relationship to Consolidated Plan............ 22 b. Efforts in Carrying out Planned Activities .. ............................... 22 C. Benefiting the National Objectives .............. ............................... 22 d. Activities Involving Occupied Real Property ............................... 22 e. Economic Development Activities Undertaken ............................. 22 XIII, Public Participation / Additional Requirements .. ............................... 22 XIV. Attachments a. Advertisement — Notice of Availability of CAPER C. Map of CDBG Target Area d. IDIS Generated reports 1. PR03; CDBG Activity Summary Report 2. PR23: Summary of Accomplishments 3. PR26: CDBG Financial Summary Report 4, PR83: CDBG Performance Measures Report 5. PR84: CDBG Strategy Area, CFDI, and Local Target Area Report 6. Community Development Needs Spreadsheet 7. Project Performance Measures e. Section 3 Report 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 I. EXECUTIVE SUMMARY Program Year 1 CAPER Executive Summary Response: The City of Delray Beach has been an "entitlement city" since 1986 and receiving Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). In order for the City to receive this allocation, a Consolidated Plan must be developed which sets forth program goals, specific objectives, annual goals and benchmarks for measuring progress. The Consolidated Plan is a comprehensive five -year planning document that addresses the basic national goals of providing decent, affordable housing, suitable living environments and expanding economic development opportunities, especially for low to moderate income persons. It is the City's responsibility to ensure that eligible activities funded are in accordance with one of the three (3) national objectives: 1. Benefit low and moderate income persons; 2. Aid in the prevention or elimination of slums or blight; and 3. Meet a need having a particular urgency. The City's current Five -Year Consolidated Plan covers fiscal years 2010 through 2015 and was approved in 201.0. Each year of the Five -Year plan, an Annual Action Plan must be developed addressing how the City anticipates carrying out its long range goals and objectives identified in its Consolidated Plan. At the close of each program year, the City provides a report to the citizens that detail the year's activities, expenditures and progress in implementing its federal programs. This report is known as the Consolidated Annual Performance and Evaluation Report (CAPER.) The CAPER is an annual performance and evaluation report required to be prepared by local governments that receive Federal funds from the Community Development Block Grant (CDBG) program. This year's 2012 CAPER report is the third of five annual performance reports. Program year 2012 covers October 1, 2012 through September 30, 2013 and identifies the level of progress and accomplishments in meeting the priority needs as established in Delray Beach's 2010 -2015 Consolidated Plan. Activities and accomplishments described in the CAPER primarily benefit low- and moderate - income residents of Delray Beach, and neighborhoods with high concentration of low - and moderate- income residents. A complete draft of this report was made available for a fifteen (15) day public review and comment period beginning November 10, 2013 through November 25, 2012. Copies were placed at the City of Delray Beach's Neighborhood Resource Center and the Department of Community Improvement, Neighborhood Services Division offices, located at 100 NW Is' Avenue, Delray Beach, FL 33444. The plan was also made available online at www.m.ydelraybeach.com. 2 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 II. SUMMARY OF ACCOMPLISHMENTS Priority Need Category Actual # of Activities Actual # of Activities Proposed Completed Other Community Development Needs Actual # of Activities Completed • Housing Units Rehabilitated 7 • Clearance and Demolition 0 �CC70NC7EELL?�ETT,_NED • Economic Development Grant/Loan N/A Program • Business Technical Assistance N/A 3 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 Table 1. Strategy Childcare 1036 2010 1030 3120 xxx 3500 % of b- CDBG Funds Total Actual 2011 2012 Actual 2013 5 Year Year Funds Expend Actual Actual Goal Goal Target Expended ed Urban League *Smices were 0.. NIA 16 ; N/A 10. Met FY 2012 $6,000 provided only noted ears. Economic Fair Housing ..,_ . $20,000 21 "" 89 56 173 318 xxx 150 212% $6,000 Technic al:. Center .. ... Assistance.. Community Childcare 1036 1054 1030 3120 xxx 3500 89% $55,970 $208,510 Center (ACCF) Urban League 16 0.. NIA 16 ; N/A 10. 11% $6,000 of'I'BC* ::' Economic ..,_ . Deyelopmeiit'` 21 "" 0.; NIA. ".. 21 N/A 24` �% 8p ° $0 $7,500 Technic al:. .. ... Assistance.. CQriOrliiC- Development 2 0.`. N/A 2 -: N/A _" '. 3 67 %. $0 $62,000 For - Profit* .. 2012 CDBG Accomplishments: Public lmprovernents Accomplishments: The five year goal is 6; we have accomplished 2 which is 33% of that goal. Three sidewalks have been allocated and prepared for bid for completion in FY 13 -14. Public Services Accomplishments: During FY2012 -2013 the following agencies were assisted with CDBG funds: Fair Housing Center of Palm Beach County - This activity provides funding for assistance to provide fair housing education and outreach seminars /workshops in Delray Beach, The Fair .....Housing Center conducted..six_(6). seminars/ workshops this...program.y..ear regarding. housing discrimination, obligations, laws and citizen rights. $6,000 of CDBG funds were expended in doing so 173 persons were served. Community Child Cape Center - This activity provides affordable quality preschool. to eligible children ages 12 months through five years and after school care for children ages 5 -14 years. The children currently served are from households categorized as: 4 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012— September 30, 2013 Extremely Low income 6% Very Low Income 7% Low Income 87% CDBG funds were used to provide direct support to children and families for all aspects of service delivery. 1030 children were served in FY2012 -2013 and $55,970 of CDBG funds was expended. Housing Rehabilitation Program: This program provides housing rehabilitation assistance of owner - occupied homes of low to moderate income persons. A total of $246,618.06 was expended. Accomplishments: During FY2012 -2013 a total of thirteen (13) homes were addressed. Seven (7) were completed expending $165,314.36 of CDBG funds on ELI to Low - Income households. List of Properties- � Status Expended Category 1. Marsh --- 238 NW 14th Avenue Complete $ 36,701.81 VL 2. Gibson - 622 SW 411, Avenue Complete $ 21,883.40 VL 3. Carnegie -102 SW 81" Street Complete $ 31,144.22 VL 4. Parker -1009 NW 3rd Terrace Complete $ 36,650.39 ELI 5. Cunningham -- 610 SW 511 Avenue Complete $ 23,724.96 VL 6. Franklin - 334 NW 41h Avenue Complete $14,759.58 VL 7. Strickland - 610 SW 71h Avenue Complete $ 450.00 ELI 8. Mankoff - 218 SE 41h Avenue In Progress $ 18,908.10 VL 9. Michel - 231 NW 141h Avenue In Progress $ 31,257.00 VL 10. Washington - 30 SW 131h Avenue In Progress $ 17,153.50 VL 11. Johnson --- 609 SW 51h Avenue In Progress $13,679.10 VL 12. Hull - 516 SW 71h Avenue In Progress $ 450.00 L 13. Weatherspoon --- 26 NW 11th Avenue In Progress $ 450.00 VL The third year goal was 10 homes; we completed 7 homes which is 70% of the goal. The five year goal is 75; we accomplished 28 which is 37% of the goal. E 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 III. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE - YEAR HIGH PRIORITY GOALS AND OBJECTIVES In order to achieve the goals set for neighborhood revitalization that directly benefit in the form of housing and other various identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($283,810), CRA funded Curb Appeal Program ($35,000), Neighborhood Stabilization Program (NSP) ($400,000), CRA Funded NSP /Foreclosure Program ($200,000) and State Housing Initiative Program (SHIP) (23,778). A total of $1,362,588 was made available to provide community identified priority needs benefiting very low, low and moderate - income residents during the 2012 -2013 Fiscal Year. During this second year of the Five Year Consolidated Plan, the City of Delray Beach pursued efforts to stabilize 'unfavorable conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve the quality of life for our citizens. The City of Delray Beach has continued its efforts to support neighborhood associations, beautification projects, street and infrastructure improvements and development of the downtown area. The Community Improvement Department continues to provide concentrated code enforcement, investments in infrastructure, neighborhood beautification improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. The City's capacity to increase innovative affordable homeownership activities has been enhanced due to the successful continuation of the Delray Beach Community Land Trust (CLT) and partnership with the Delray Beach Community Development Corporation. The City is pleased to report that it continue to strive to meetthe housing delivery goals established under its Annual Action Plan, providing housing rehabilitation assistance to thirty - five (35) households utilizing a combination of CDBG, Curb Appeal, DRI,NSP, RCMP, and SHIP dollars. Housing investment activities included existing owner - occupied housing rehabilitation, lead -based paint testing and abatement, exterior improvements, and the first time homebuyer purchase assistance program. In addition, during this rating period, the City continued to take action to overcome the current foreclosure crisis by administering and implementing the Neighborhood Stabilization Program (NSP1). The Community Improvement Department was awarded $1,905,005 from the Florida Department of Community of Affairs, NSP1 funds to carry out two strategies under which eligible activities will be undertaken. The Delray Beach Community Community Redevelopment Agency provided a local match of $400,000 towards the NSP1. The City in FY2012 -201.3 purchased five (5) additional bank -owned homes increasing our inventory to 24 properties. Fourteen (14) properties have been sold to eligible families. Six (6) have been donated to DBHA for affordable rental. Three (3) properties are currently being rehabbed. One (1) property is under contract and two (2) are pending marketing for sale. The City continues to 6 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 -- September 30, 2013 sell purchased properties and use program income to continue the acquisition, rehab and sale process. In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner - occupied housing rehabilitation household income ranges of 0 -30 %, 31 -50% and 51 -80% of median for the area are given a "High Priority." Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons with Special Needs as "High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting period, the Department also addressed the following "High Priorities" listed in the Consolidated Plan as "Priority Community Development Needs ": Neighborhood Facilities, Childcare Centers, Parks and /or Recreational Facilities, Sidewalk Improvements, Youth Services, Neighborhood Outreach, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non - CDBG). Individual priority accomplishments are reflected below by funding source. CDBG funds provided direct monetary assistance for subsidized childcare services, enhancement of neighborhood services, housing counseling and emergency intervention programs, and fair housing education. All funded activities are considered to be "High Priorities" in accordance with the City's First Year Consolidated Plan. Geographic Distribution of Funds All activities undertaken during the program year were carried out within the Community Development Block Grant (CDBG) Target Area (see attached map) consisting of census tracts 65.02, 67.00, 68.01 and 68.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. 2000 Census data also indicates Census tracts 65.02, 67.00, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area having a minority population of 89 %. The City is currently analyzing 2010 Census data. 7 Census Tract Census Tract Census Tract Census Tract 65.02 67 68.01 68.02 Total Tract 2588 2305 6149 3437 Pop, Minority Pop. 1897 2233 5586 3216 % Minority 73.30% 96.88% 90.84% 93.57% Pop, 2000 Census data also indicates Census tracts 65.02, 67.00, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area having a minority population of 89 %. The City is currently analyzing 2010 Census data. 7 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 IV. AFFIRMATIVELY FURTHERING FAIR HOUSING The City continually pursues diverse avenues in expanding its actions to affirmatively further fair housing. During this review period the City of Delray Beach continued contract with the Fair Housing Center of the Greater Palm Beaches (FHC) Inc., a non- profit fair housing organization providing service county -wide with city funds. Although FHC, Inc. does not have the authority to enforce fair housing regulations, the organization accomplishes its goals through public education seminars and the ability to initiate legal proceedings against housing providers accused of violating fair housing laws. The activities of FHC, Inc. are focused throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach). During this review period FHC, Inc. conducted a total of six (6) educational workshops/seminars as contracted. These workshops were provided for target area residents, civic organizations, students at area schools, local realtors, and community based organizations. The City continued to utilize its in -house Inspector, assigned to the Code Enforcement Division which was funded from general revenue dollars provided by the City. In addition to providing one -on -one landlord /property manager trainer sessions, referrals for conflict resolution services involving fair housing issues and formal mediations related to landlord- tenant law, the Inspector refers clients to FHC on an as- needed basis. V. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE The City recently revised its Analysis of Impediments (Al) in October 2011.The following impediments and actions were identified: Impediment 1; High rates of Predatory Lending in the City of Delray Beach among minorities Predatory lending, most recently in the area of re- financing, ultimately strips borrowers of home equity, ruins their credit records, and increases the likelihood of foreclosure. Studies conducted in 2008 due to the new Neighborhood Stabilization Program show staggering evidence of these lending practices in the City's Northwest and Southwest neighborhoods. According to the Department of Housing and Urban Development, Census Tracts 65.01, 65.02, 69.03, 69.07, and 69.08 are currently experiencing the City's highest risk of abandonment due to pending foreclosures. Home prices in 'these areas have declined 16.3% from 2007 to 2008. Vacancy rates in this area are projected to be currently in the range of 4% to 9.3 %. It is assumed, based on national studies and the local statistics notated above, that differential treatment in the selling,. and in re- financing property is prevalent. among minori.ty..households in. Delray Beach. Action: The City of Delray Beach continued to support non - profit partners in their efforts to educate residents about mortgage products, predatory lending and how to build credit. There is a need for increased credit counseling and education. Contracted workshops through FHC were geared. to specifically include Predatory Lending Education and Support Initiative provides seminars for community based organizations, civic and faith based groups, and Condo /Homeowner Associations to inform them about Federal and State Laws pertaining to predatory lending and fair housing lending. Delray Beach residents will have access to the 8 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 projects toll free hotline, which utilizes a public information campaign featuring public service announcements to various media outlets, and distributes anti- predatory lending educational materials in order to heighten public awareness. Timeline: Increased promotion of existing Neighborhood Resource Center (NRC) and FHC services will continue throughout the City. Impediment 2: Lack of Public Awareness and Education concerning Fair Housing Rights As stated by the State of Florida's Consolidated Plan 2011 -2015, persons protected under fair housing laws are typically unaware of their rights or what actions constitute a violation of rights. Bringing awareness of Fair Housing laws to Delray Beach residents assists them in learning how to initiate the complaint process. The City of Delray Beach believes that a contributing factor to overall decline in fair housing complaints may be due, in part, to the lack of education. Action: The City continued to make a concerted effort to further fair housing education. Educational efforts include basic fair housing education about fair housing laws, awareness training about agencies available to process complaints on a local level, education in identifying discriminatory practices when seeking housing (i.e. geographical steering), home buyer education and counseling in all areas of the City. The City will continue work in partnership with the FHC in order to implement these initiatives. The City has established a working relationship with Legal Aid of Palm Beach County to strengthen. the City's ability to monitor Fair Housing concerns and issues throughout Palm Beach County and the City of Delray Beach. The City utilizes a -monthly and quarterly newsletter, website and the distribution of information via its monthly water bill to residents (which is mailed to over 20,500 households) to disseminate important information regarding fair housing. The City also advertised Fair Housing issues in a newly established newsletter targeting CDBG target area residents. The City will work in partnership with FHC to coordinate public service announcements. Timeframe: Increased actions to heighten public awareness is ongoing. Impediment 3: Lack of adequate Housing Choice Vouchers to support low income renters as evidenced by the Delray Beach Housing Authority's waiting list. . There are 1111 families presently on the Delray Beach Housing Authority's (DBHA) Housing Choice Voucher (HCV) waiting list. Families generally wait five years before they receive housing assistance. In October 2010, DBHA received almost 7000 responses to 1000 slots on the HCV waiting list. This incredible response indicates the inadequacy of available affordable housing for low income renters. Z 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 -- September 30, 2013 Action: The Delray Beach Housing Authority has established a Strategic Goal to increase the availability of decent, safe, and affordable housing by expanding the supply of assisted housing. This will be accomplished by applying for additional rental vouchers whenever the opportunity is made available through HUD's Notice of Funding Availability (NOFA) process. Timeframe: Ongoing, upon issuance of HUD NOFA, I. Actions to Improve Public Housing The Delray Beach Housing Authority's (DBHA) Public Housing Development, was demolished in 2008, and was the only public housing facility located in the jurisdiction of Delray Beach. The development was located within the southwest section of the designated CDBG target area and is in census tract 68.01. Carver Estates was built in the early 1970's and although maintained by the Authority with its limited resources, the buildings deteriorated over time. The DBHA was unsuccessful in its fourth attempt at HOPE VI funding, but has partnered with a private developer to redevelop the former public housing site into a mixed income development financed through 4% and 9% Tax Credits and Bonds. The project will consist of 144 affordable family units and 84 elderly Project Based Voucher units. Ground - breaking for the development was held January 2013. I. Actions to Replace Affordable Rental Units During FY2005 -2006, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program funds. The HHR program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature appropriated one -time hurricane housing recovery funds which are administered by the Florida Housing Finance Corporation (FHFC). Staff collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that would best serve the housing needs of the very low -, low - and moderate - income households. In response to the loss of Carver Estates, the City created a Rental Housing Development strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City partnered with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. The CRA purchased the historic La France Hotel located on NW 41, Avenue as well as parcel of adjacent land for $475,764.60. In addition the City's HHR in vestinent of $500,000, the CRA spent $2;336790 toward the rehab and construction of additional units. The second building, 133 NW 51" Avenue, was purchased by the CRA for $1,225,000, While the City allocated a total of $500,000 in HHR funding toward this project, during FY06 -07 $203,520 of these funds were expended on rehabilitation of units. The CRA contributed a total of $168,647.46 to the rehabilitation of these units. During this rating period (FY10 -11) all units continued to be occupied by income eligible tenants. City staff annually monitors files for income eligibility and all 23 units are occupied by residents at or below 100% of median income. Of the Twenty Two (22) units, presently fourteen are occupied 10 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 by Extremely Low - Income households, four (4) by Very Low - Income households, three (3) by Low - Income households, and one (1) Moderate - Income households. The DBHA, through its non - profit instrumentality, the Delray Housing Group (DHG), currently manages both the La France Apartments and Carolyn Quince Apartments under a 5 -year management agreement with the CRA. This arrangement provides another layer of assurance that the units will remain affordable to the City's low income community. OTHER DBHA ACTIVITIES: • Utilizing its Replacement Housing Factor funds, DBHA acquired and rehabilitated 5 units to be used for Public Housing purposes. All units are currently occupied by eligible families. • Through the City's Neighborhood Stabilization Program, DBHA/DHG acquired 6 housing units and manages them as additional affordable housing for extremely low income families. VI. AFFORDABLE HOUSING ACTIONS Eliminating barriers to affordability is a primary objective of the Community Land Trust programs and grants for housing rehabilitation. During this review period, the City continued to promote affordable housing through its Neighborhood Services Division. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. Affordable HousiogAdvisor Committee In 2008 the Delray Beach City Commission appointed ten members to the established Affordable Housing Advisory Committee. The Committee was established by Resolution 12 -08, Florida Statute 420.9076 mandates that all Iocal governments currently receiving State Housing Initiatives Partnership SHIP funding establish a committee to review the City's established policies and procedures, ordinances, land development regulations, and comprehensive plan. The purpose of the committee is to recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. Actions to Overcome the Foreclosure Crisis The City of Delray Beach continues to implement Neighborhood Stabilization Program (NSP) 1,905,505 funds awarded from The Florida Department of Community Affairs. These funds were matched With an additional $400,000 from the Delray Beach Community Redevelopment Agency, The Community Improvement Department NSP funds are being utilized to carry out two housing strategies. The City of Delray Beach has partnered with the Delray Beach Housing Authority, Delray Beach Community Land Trust and Delray Beach Community Development Corporation to assist with the disposition of NSP properties. The City has obligated $2.7 million of the NSP grant award for the purchase and rehabilitation of twenty -four (24) foreclosed and /or abandoned single- family homes throughout Delray Beach: 11 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 The City in FY2012 -2013 purchased five (5) additional bank -owned homes increasing our inventory to 24 properties. Fourteen (14) properties have been sold to eligible families. Six (6) have been donated to DBHA for affordable rental. Three (3) properties are currently being rehabbed. One (1) property is under contract and two (2) are pending marketing for sale. The City continues to sell purchased properties and use program income to continue the acquisition, rehab and sale process. NSP Strategy 1: Housing Acquisition /Rehabilitation of Homes for Sale to Households with Incomes Less than 120% of Area Median Income (AMI) - The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently real - estate bank owned (REO). The City is working with banks to acquire residential units that have been foreclosed and abandoned within the areas of greatest need. A minimum of twelve (12) units will be sold to households whose income does not exceed 120% of AMT. NSP Strategy 2: Housing Acquisition /Rehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI - The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below 50% of AMI. The City has acquired and rehabilitated single family housing units within the designated NSP area of greatest need. A minimum of five (5) units will be donated to the Delray Beach Housing Authority/DeIray Housing Group for the purpose of renting units to households whose income does not exceed 50% of AMI. The Five -Year Consolidated Plan determined that all three household income categories are prioritized as follows: "Extremely Low" 0 -30 %, "Very Low" 31 -50 %, "Low ", 51 -80% during this review period, priority housing needs were addressed as follows: Existing Owner-Occupied Housing Units Priority: Extremely Low Income (0 -30% ELI) and Very Low - Income (31 -50% VLI) Existing Homeowners and First -Time Homebuyers; and Low- Income (51 -80% LI) First -Time Homebuyers: Community Development Block Grant CDBG Thirteen (13) owner - occupied units were addressed. Seven (7) was completed (full rehab) utilizing a total of $165,314.36 in CDBG funds, providing housing rehabilitation at average of approximately $23,616.34 per unit. Of the household, 2 were classified as extremely low, 10 as very -low income and 11 as low income category; 12 of the households assisted were ......... ... ..... .. classified as Black, f White, non- Hispanic. Six (6) additional units are currently underway. Neighborhood Stabilization Program (NSP) The City has obligated $2.7 million of the NSP grant award for the purchase and rehabilitation of twenty -four (24) foreclosed and /or abandoned single - family homes throughout Delray Beach: Fourteen (15) properties have been sold to eligible families. Six (6) have been donated to DBHA for affordable rental. Three (3) properties are currently being rehabbed. One (1) property is under contract and two (2) are pending marketing for 12 . 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 sale. The City continues to sell purchased properties and use program income to continue the acquisition, rehab and sale process. Residential Construction Mitigation Program The City of Delray Beach, Neighborhood Service Division in August 2013 was awarded grant funding in the amount of $150,000 from the Division of Emergency Management (DEM) to implement the Hurricane Loss Mitigation Program. This competitive grant program funding was available through the Residential Construction Mitigation Program (RCMP) and was used to harden income eligible and qualified single - family homes within the community that are in need of hurricane retrofitting. The city will utilize this funding source to leverage eighteen (18) homes for hurricane retrofitting, estimated to cost between $2,500 - $15,000 per home. Priority: Very Low Income (0 -50% MFI) and Low - Income (51 -80% MFI) Existing Homeowners and First -Time Homebuyers; and Moderate - Income (80 -120% MFI) First -Time Homebuyers. During FY08 -09, the City allocated $450,000 to the CLT in support of the Sub Recipient Housing Partnership Program. The maximum subsidy available to assist eligible homebuyers is $75,000. Under this program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant, Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During FY11 -12, the CLT expended $51,500 in SHIP subsidy toward the CLT Sub - Recipient Housing Partnership for First Time Homebuyers. Assistance was provided for a total of 2 households, of which both were classified as extremely -low income. In addition, the City continued to implement its Family Workforce Housing Ordinance which was adopted in November 2004. The Ordinance provides regulations and incentives to encourage developers to build housing within the City's CDBG target area; and includes and preserves the Family/Workforce housing along with market rate housing. Performance criteria contained in the Ordinance controls the proportions of workforce housing to market rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as well as in other ways that would promote development of workforce housing units. Covenants and restrictions apply to both for sale and for rent workforce housing to ensure sustained affordability for a longer term. The m' te2ltion of this policy is to make affordable and diverse housing opportunities available throughout the City. In FY 12 -13 two new workforce housing projects were approved by City Commission. The new projects include Alta Congress Owner, LLC,; Behringer Hayward Delray, LLC, and SP5 Wood Midtown Delray. 13 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 VII. CONTINUUM OF CARE NARRATIVE The Palm Beach County Continuum of Care is the county -wide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Palm Beach County Continuum of Care is known as the Homeless and Housing Alliance (HHA) of Palm Beach County, which delivers a comprehensive and coordinated continuum of services for homeless individuals and families and those at risk of becoming homeless, inclusive of Delray Beach. The Palm Beach County Division of Human Services (The Division) is the lead entity for the HHA. As lead entity, the Division coordinated the efforts to develop a strategic plan to end homelessness. On September 23, 2008, the Board of County Commissioners adopted the Ten -Year Plan to End Homelessness in Palm Beach County. The system's fundamental components include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing, and permanent supportive housing. The HHA is responsible for the planning and evaluation of the homeless delivery system. The Palm Beach County Board of County Commissioners, through the Division of Human Services as Collaborative Applicant, submitted the 2012 HUD Continuum of Care grant application. This included a total of twenty -two (22) projects and seeking $5,882,400 in funding. HUD announced funding for twenty -one (21) renewal projects for Palm Beach County, totaling $5,571,683. The funding received by the participating agencies provides: supported transitional housing; a sponsor -based rental assistance program for the homeless; permanent supportive housing; childcare; employment assistance; life skills training; case management and supportive services appropriate to the individual projects. Agencies who received FY 2012 CoC funding as well as the two projects funded from previous years, the level of funding and the number of beneficiaries served. A total of 823 single individuals and 140 families, consisting of 399 family members, were assisted under the Continuum of Care during FY 201.2 -2013. The funding received by the participating agencies supported transitional housing, a sponsor - based rental assistance program for the homeless, permanent supportive housing, childcare, employment assistance, life skills training, case management and supportive services appropriate to the individual projects. The Palm Beach County Continuum of Care 2012 Point in Time Unsheltered Homeless Households count for Delray Beach is 42, of which 8 were located within the CDBG target area. All of the households /individuals identified in the count ........... ...... . are eligible to access the services obtained and provided through the HHA network of service providers. 14 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 VIII. OTHER ACTIONS Actions to Overcome Gaps in Institutional Structure During FY12 -13, the City continues to provide much needed social services offered through the Neighborhood Resource Center (NRC). The Neighborhood Resource Center's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC serves as office space for organizations and agencies such as the Community Land Trust, United Way Prosperity Campaign, CROS Ministries/ Caring Kitchen, and one on -site City funded position. Services provided ort -site at the recently expanded NRC include: Neighborhood Services • Information Clearing House • Maps & Databases of Neighborhood Associations • Neighborhood Resource Library • Technical Assistance to Grass Root Organizations • Meeting Space • Mailing Labels, Creating & Distributing Notices • Volunteer/ Civic Engagement • Mentoring Programs • Technical Assistance to community -based organizations engaging residents and sustaining involvement • Workshops and training including classes such as: • Neighborhood Pride Grant workshop • Making City Hall Work for You • How to be a President or Chairperson • Neighborhood Crime Watch • Nutrition and Wellness Community Land Trust • Sales office for purchase of CLT single family homes, town homes and condominiums • Homebuyer education and CLT workshops • Access to SHIP subsidy dollars CROS Ministries/ Caring Kitchen • Immediate needs assistance such as: o Food or food vouchers o Prescriptions o Access to clothing/ hygiene products o Assistance in accessing medical treatment, doctors' appointments 15 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 o Assistance in accessing SSA, WFA, etc. Non- emergency needs assistance such as: o Assistance in accessing various public services o Greyhound tickets/ travel o Declaration of Domicile o Obtaining identification cards Faith, Hope, Love Charities, Inc. Faith, Hope, Love Charity, Inc., is committed to addressing the needs & unseen wounds of our Veterans & active duty service members by providing supportive & mental health services that include, but not be limited to, the .following: • Emergency and financial assistance • Job Readiness • Employment Services • Child Care o Transportation and Housing Assistance Goodwill Industries International Goodwill® inspires hope and self - confidence, helping people from all backgrounds and walks of life to feel successful, valuable and dignified. Goodwill Industries International Inc, helps people earn a living, improve their lives, and strengthen their families and their communities. Goodwill assistance such: o Customized job training o Employment placement and other services to people who have disabilities, lack education or job experience, or face employment challenges The Legal Aid Society of Palm Beach County, Inc, The Legal Aid provides high quality civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions and promote self- sufficiency. The Legal Aid ..... ............. Society of Palm Beach County helps out citizen's deal with many of .. life's most basic needs: a safe home, enough food to eat, a quality education, and protection against exploitation and discrimination. Actions to Enhance Coordination The City of Delray Beach has a number of successful groups and committees that currently work together to provide an effective delivery system for affordable housing production and services throughout the City. A variety of organizations, including local housing organizations 16 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 such as the Delray Beach Housing Authority, the Delray Beach Community Redevelopment Agency, the Delray Beach Community Development Corporation, the Delray Beach Community Land Trust and the City collaborate regularly to try and serve as wide a range of persons as possible throughout the City. Among the current initiatives underway include a redevelopment plan for the City's public housing complex (Carver Estates) which was condemned and demolished after Hurricane Wilma, the West Settlers Historic District Revitalization, and the Mayor's Relationships between Authorities, Citizens & Experts (RACE) Initiative. Actions to Replace Affordable Rental Units During FY2005 -2006, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program funds. The HHR program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature appropriated one -time hurricane housing recovery funds which are administered by the Florida Housing Finance Corporation (FHFC). Staff collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that would best serve the housing needs of the very low -, low - and moderate - income households. In response to the loss of Carver Estates, the City created a Rental Housing Development strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City partnered with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. The CRA purchased the historic La France Hotel located on NW 41" Avenue as well as parcel of adjacent land for $475,764.60. In addition the City's HHR investment of $500,000, the CRA spent $2,336,790 toward the rehab and construction of additional units. The second building, 133 NW 511' Avenue, was purchased by the CRA for $1,225,000. While the City allocated a total of $500,000 in HHR funding toward this project, during FY06 -07 $203,520 of these funds were expended on rehabilitation of units. The CRA contributed a total of $168,647.46 to the rehabilitation of these units. During this rating period (FY12 -13) all 23 units continued to be occupied by income eligible tenants. City staff reviewed files for income eligibility and all 23 units are occupied by residents at or below 100% of median income. Of the Twenty Two (22) units, presently fourteen are occupied by Extremely Low - Income households, four (4) by Very Low - Income households, three (3) by Low - Income households, and one (1) Moderate - Income households. Actions to Improve Resident Initiatives City of Delray Beach general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. Funds are provided for outreach and education initiatives as well as development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. Under the Neighborhood Housing Program, funding is also provided in support of neighborhood clean-up campaigns, our local Adopt -A- Street and Adopt -A -Tree programs, as well as numerous other events and activities. IN 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 In addition, the City completed its seventh year as a partner with the Achievement Centers for Children and Families to provide much needed services to families residing in the CDBG target area. Under a grant from the Children Service Council (CSC) of Palm Beach County, the City partners with the non- profit agency to implement the highly successful "Beacon Center" model providing comprehensive wrap around services to the students and their families at the Village Academy Elementary School. This school is located in the core part of the CDBG target area and ninety -eight percent of the student population qualifies for free lunch under the Federal designation of poverty. A total 1454 children were served during this rating period. Lead -Based Paint Hazard Reduction The City implements its housing related activities in a manner which assesses lead -based paint risk for traditional target population (i.e., at risk children under 7 years of age.) When providing assistance under its housing programs, the City continues to provide all applicants with the "Lead -Based Paint" pamphlet that describes hazards of lead -based paint. The City's Housing Rehabilitation Specialist has been designated a certified Lead Inspector and the City utilizes the services of a certified lead -based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead -Safe Work Habits" training. Program Compliance and Planning Requirements The City monitors Plan implementation through detailed record - keeping of project execution, on -site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries. Staff involvement within housing and community development organizations and their activities provide valuable insight into the evolving needs of low- and moderate- income persons. Focus groups and citizen meetings, conducted as part of developing the Five -Year Consolidated Plan has provided opportunities to share information and hear about issues important to neighborhood groups and community agencies. Details on CDBG programs, neighborhood organizations, and other public information is maintained on the City's website at www.mydelraybeach.com Anti - Poverty Measures (Data) In addition to the City's holistic approach to community development (as described throughout this document), it also takes a multi- faceted approach toward reducing the number of households with income below the poverty level. The first approach is to provide safe and affordable housing for very low -, low- and moderate - income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition /clearance, support services (including fair housing and housing counseling services), working with affordable housing providers including the Delray Beach Community Land Trust, assisting non - profit and for -profit developers to initiate new construction activities, and working with at -risk homeless and "special needs" providers. 18 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. Economic development represents the third facet of the city's approach to anti- poverty. Economic development efforts will be expanded by retaining and expanding employment and business opportunities for city residents. Specific activities include job creation for target area residents, promoting downtown revitalization, supporting non - profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. The City of Delray Beach and the Delray Beach Community Redevelopment Agency co- funded an Economic Development Director in efforts to expand, create and retain employment and business opportunities for city residents. Specific activities include job creation for target area residents, promoting downtown revitalization, supporting non - profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. In 1995 the City adopted the West Atlantic Redevelopment Plan. The City and CRA in September 2010 brought back consultants to update the West Atlantic Redevelopment Plan in an effort to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. The plan included eliminating blighted conditions along West Atlantic Avenue and adjacent side streets, encouraging economic growth, redevelopment and minority business development, increasing job opportunities within the West Atlantic redevelopment area, promotion of businesses which serve the neighborhood residents, acquiring land in order to aggregate sites sufficiently large enough to encourage redevelopment, developing of programs, events, and projects which attract new consumers to the Avenue, creating safer conditions for consumers, residents, and businesses, and beautifying the West Atlantic Avenue corridor. Since 2003 the CRA has committed and spent more than $25 million in acquiring property, improving the infrastructure of West Atlantic Avenue and several other projects in the Southwest and Northwest neighborhoods within the CDBG target area. There also are other projects currently in progress such as the Gateway Feature, improvements to Southwest 12th Avenue and the Cultural Loop or Martin Luther King Boulevard beautification. The CRA and City are aggressively recruiting and implementing programs to bring new businesses and jobs into the CDBG target area. During FY201.1 -2012, the CRA and City allocated $225,000 toward microenterprise lending for small business assistance, job creation and technical assistance to assist with stimulating economic development. IX. LEVERAGING RESOURCES The City of Delray Beach was very successful in leveraging CDBG funds with other public and private resources. The City's successful housing programs have enabled the direct leveraging 19 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 of substantial match dollars in the form of first mortgages through private lending institutions, Palm Beach County Government, US HUD, and other local funding providers. Also, Public Service agencies are encouraged to seek other funding sources for the purpose of leveraging CDBG dollars. The City and Delray Beach Community Redevelopment Agency (CRA) have partnered to fund and leverage various housing rehabilitation programs to address the elimination of slum and blight conditions within the City's CDBG target area. The City and CRA have agreed to share each 50% of the salary and benefits of the Housing Rehab Inspector position in order to insure timely and professional services related to the review of plans and bids for specific housing rehabilitation projects. The City and CRA have collaborated in order to fund and implement the Curb Appeal Residential Improvement Program to enhance the appearance and aesthetics of the exterior of single- family residential properties within the CDBG target area. The program assist homeowners with the cost of minor structural and cosmetic property improvements; and enhance aesthetics that eliminates slum and blight. In FY 12 -13 the CRA allocated $35,000 towards the program. The City of Delray Beach, Neighborhood Service Division applied for in the amount of $150,000 from the State of Florida, Division of Emergency Management (DEM) to implement the Hurricane Loss Mitigation Program. This competitive grant program funding is available through the Residential Construction. Mitigation Program (RCMP) was used to harden income eligible and qualified single - family homes within the community that are in need of hurricane retrofitting. The City will utilize this funding to leverage up to eighteen (18) homes for the post hurricane retrofitting, estimated to cost between $2,500 - $15,000 per home. X. CITIZEN COMMENTS As required in accordance with the Consolidated Plan regulations, a fifteen -day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to the document is attached to this report. XI. SELF - EVALUATION During the FY2012 -2013 reporting period the City of Delray Beach continued to make progress toward meeting identified community needs and priorities. The City successfully accomplished numerous housing rehabilitations, public service activities and other community development initiatives. CDBG, SHIP and other local dollars were allocated toward a diversity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. Investment by area builders as well as non - subsidized homebuyers has continued to compliment the City's efforts to improve sub - standard housing conditions. Active code enforcement, citizen patrols, drug prevention programming, comprehensive housing 20 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 rehabilitation and the provision of targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concerns /issues identified in the 2010 -2015 Consolidated Plan, the City made tremendous progress in meeting the program objectives and identified priorities. The City's on -going collaborative efforts with other public and private entities and increased public participation throughout the years helped to keep the City "fluid" in identifying new resources and avenues to meet the identified needs. The City has successfully utilized CDBG dollars to address needs identified in the Consolidated Plan. This is supported by the outcomes reported under each separate activity throughout this report and in the attached IDIS reports. In addition, the City utilized the CPMP Tool for the submission of its 2012 -2011 Annual Action Plan which will assist in reporting future productivity and program impact. During this rating period the City satisfied the statutory test for timely expenditure of funds. XII. CDBG NARRATIVE STATEMENT a. Use of CDBG Funds in Relationship to Consolidated Plan As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level. During this reporting period alone, the Department again addressed the following "High Priorities ", listed in the Consolidated Plan as "Priority Community Development Needs ": owner - occupied housing rehabilitation, homeless and non- homeless with special needs issues, neighborhood facilities, childcare centers, parks, recreational facilities, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provides individual priority accomplishments, particularly when discussing affordable housing preservation and development, 100% of all CDBG funds expended during the 201.1 -2012 Program Year served to meet the National Objective of benefiting low and moderate - income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the following private non- profit organizations in support of eligible public service activities. Community Child Care Center The Center provides pre - school education and family services to very low- and low- income children (100% Title IV -A), individuals under Protective Services custody, parents enrolled in work training programs, and low- income teen parents. During this reporting period CDBG funds in the amount of $55,970 were provided to the agency in support of programming efforts. A total of xxx unduplicated children received the direct benefits of this programming effort. FairHousing Center of the Greater Palm Beaches FHC 21 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 During this review period the City of Delray Beach continued contract with the Fair Housing Center of Greater Palm Beaches (FHC) Inc., a non -profit fair housing organization providing service county -wide with city funds. During this period CDBG funds in the amount of $6,000 were provided to the agency in support of programming efforts. During this review period FHC, Inc. conducted a total of six (6) educational workshops /seminars as contracted. These workshops were provided for target area residents, civic organizations, students at area schools, local realtors, and community based organizations. b. Efforts in Carrying Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period (2012 -2013) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. Bene 'ting the National Objectives All projects /activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criteria. All funded activities met the National Objective of Benefiting Low and Moderate - Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70 %). d. Activities Involving Occupied Real Propertt� As provided in various sections of this report, CDBG funds were utilized during this period for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. e. Economic Development Activities Undertaken and Other Issues During this program year, no funds were used towards economic development. The CRA and City allocated $225,000 toward microenterprise lending for small business assistance, job creation and technical assistance to assist with stimulating economic development f. The City's annual Section 3 report has been submitted electronically. A copy is included with this report. XIII. PUBLIC PARTICIPATION / ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment from November 10, 2013 through November 25, 2013. ......... ............ ..... .. ......... ......... . No public comments have been received prior to submission of the Report to the HUD Field Office December 29, 2012. . Any comments received after submission will be sent as an addendum to the CAPER. Please see attached newspaper advertisement published locally. The completed CAPER is also available for examination by the public upon request. 22 2012 -13 Consolidated Annual Performance and Evaluation Report October 1, 2012 — September 30, 2013 XIV. ATTACHMENTS a. Advertisement — Notice of Availability of CAPER b. Map of CDBG Target Area C. IDIS Generated reports 1. PR03: CDBG Activity Summary Report 2. PR23: Summary of Accomplishments (7 Parts) 3. PR26: CDBG Financial Summary Report 4. PR83: CDBG Performance Measures Report 5. PR84: CDBG Strategy Area, CFDI, and Local Target Area Report 6. Community Development Needs Spreadsheet 7. Project Performance Measures e. 2011 -2012 Section 3 Report 23 Date Printed: 10129/2013 The Palm Beach Post Order: 145,441 Time Printed: 10:52:27 AM Page: 2 of 2 Real News Starts Here Ad Name: Start: Stop: Issues: Words: Dimension.. Color: Editions: PB Post Web PB Post RECEIPT 311179A Ad ID: 311179 11 -10 -2013 11 -10 -2013 1 206 CITY OF DELRAY BEACH I X 46 COMMUNITY IMPROVEMENT" DEPARTMENT NEIGHBORHOOD SERVICES DIVISION On November 10, 2013, the Community improvement Department, Neighborhood Services Division, wili make available for public review and comment, the City of Delray Beach Annual Performance and Evaluation Report (CAPER) for FY 2012 -2013. This document highlights the annual performance of the Clty's Community Development programs with respect to the overall Five -Year Consolidated Plan ppriorltle5 and objectiVes for the local housing and community development related programs. Citlzem, pubilc agencies, and other interested parties are Inv €ted to submit written comments regarding the CAPER on or before Ncvamkzer 25, 2013 to: The City Of Delray Beach Neighborhood Services Division, Attn: P, Nigel Roberts, Adminlstrator, 100 NW 1st Avenue, Delray Beach, Florida 33444. City Commission will consider any comments or views of citizens received in writing, or orally at a public hearing or December 3rd, 7:00 PM. A summary of these comments wilt be included in the report upon submission to HUD. Coples of the CAPER are available for review on{ine through the City`s Website at wwW.mydelraybeach , com, or Monday through Friday, from 8:00 a.m, to 5:00 p.m, at Delray Beach City Hall, Neighborhood Services Division, 100 NW 1st Avenue, Delray heath, FL 33444, PUB: The Palm Beach Post 11- 10!2013 #145441 Original Ad 1D: Ad shown is not actual print size. COXMedia Group A Division of COX Enterprises, Inc. Race and Ethnic Data Reporting Form Program Title: ALL CDBG ACTIVITIES Grantee /Recipient Name: City of Delray Beach Grantee Reporting Organization: U.S. Department of Housing OMB Approval No. 2535 -0113 and Urban Development (exp. 1013112009) Office of Administration Reporting Period From (mmlddlyyyy): 10/01/2012 To (mmldd! YYYY) 09/30/2013 Total" Number "ef Race Total. Number of Racial,Categortes Hlspariic or Latino Responses" Responses:. American Indian or Alaska Native Asian Black or African American k 936 Native Hawaiian or Other Pacific Islander White 1 7 American Indian or Alaska Native and White Asian and White Slack or African American and White American Indian or Alaska Native and Black or African American * Other multiple race combinations greater than one percent: [Per the form instructions, write in a description using the box on the right] 94 73 Balance of individuals reporting more than one race Total: 1 1,037 73 * If the aggregate count of any reported multiple race combination that is not listed above exceeds 1% of the total population being reported, you should separately indicate the combination. See detailed instructions under "Other multiple race combinations." .... ... ....... . Public reporting burden for this collection is estimated to average 1.15 hours per response, including the time for reviewing instructions, searching existing data sources, gathering the data needed, and completing and reviewing the information collection instrument. HUD may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. 1 form HUD -27061 (10/31/2009) INTENTIONALLY S C) \ e \ / e / e ¥ 3 / 2 5 \ 4� E \ E m \ f \ V) E > 0 c 2 / C) / 6 ¢ a I s c - ry U ru c = s « 0) mo d g o ® t » Ln o E \q s I o _ \ ( / � ro E \ \ / c e e / / 7 \ % 3 « = i G G (E :t )k ....... �3 �E [\ �i )/ �\ �ƒ 2006 Project. 0005 - ECONOMIC DEVELOPMENT IDIS Activity: 264 - BLACKTIP REEF RESTAURANT Status: Open Objective: Create economic opportunities Location: 343 NE 3rd Ave Delray Beach, FL 33444 -3811 Outcome: Sustainability Matrix Code: ED Direct Financial Assistance to For- National Objective: LMJ Profits (18A) Initial Funding Date: 0712712007 Description: FINANCIAL ASSISTANCE TO FOR - PROFIT BUSINESS Financing Funded Amount: 44,695.29 Drawn Thru Program Year: 44,695.29 Drawn In Program Year 0.00 Proposed Accomplishments Jobs: 2 Actual Accomplishments Owner Renter Total Person Number assisted., Total Hispanic Total Hispanic Total Hispanic Total His Hispanic p White: 0 0 0 0 0 0 0 Black/African American: 0 0 0 0 0 0 0 0 Asian: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native: 0 0 0 0 0 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & BlacklAfrican American: 0 0 0 0 0 0 0 0 Other multi - racial: 0 0 0 0 0 0 0 0 Asian /Pacific Islander: 0 0 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 0 0 Total: 0 0 0 0 0 0 0 0 Female- headed Households: 0 0 0 Income Category., Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 0 0 0 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 0 0 0 0 Percent Low /Mod ------------------------------•--------------------------------------------------------•----------------------------- PR03 - DELRAY BEACH Pag 2 of 26 e: Annual Accomplishments IDES Activity: 282 - PROGRAM ADMINISTRATION Status: Completed 9/30/2009 12:00:00 AM Location: TARGET AREA DELRAY BEACH, FL 33444 Initial Funding Date: 11/24/2008 Financing Funded Amount: 92,609.95 Drawn Thru Program Year: 92,609.95 Drawn In Program Year: 1,440.00 Proposed Accomplishments Actual Accomplishments Objective: Outcome: Matrix Code: General Program Administration (21A) National Objective: Description: FUNDS USED FOR PROGRAM MANAGEMENT, COORDINATION, MONITORING,AND EVALUATION OF THE CDBG PROGRAM IN FY08 -09 AND FOR THE OVERALL ADMINISTRATION OF THE DIVISION. Owner Renter Total Number assisted: Total Hispanic Total Hispanic Total Hispanic White: 0 0 Black/African American: 0 0 Asian: 0 0 American IndianlAiaskan Native: 0 0 Native Hawaiian /Other Pacific Islander: 0 0 American lndianlAlaskan Native & White: 0 0 Asian White: 0 0 Black /African American & White: 0 0 American Indian /Alaskan Native & Black/African American: 0 0 Other multi- racial: 0 0 Asian /Pacific Islander: 0 0 Hispanic: 0 0 Total: 0 0 0 0 0 0 Female- headed Households: 0 0 Income Category; Owner Renter Total Person Extremely Low 0 Low Mod 0 Moderate 0 Nan Low Moderate 0 Total 0 0 0 0 PR03 - DELRAY BEACH Page: 3 of 26 Percent Low /Mod Annual Accomplishments No data returned for this view. This might be because the applied filter excludes all data. PGM Year. 10 20 .. . Project: 0002 - HOUSING REHABILITATION IDIS Activity: 331 - MARSH/10-335 Status: Completed 2/18/2013 12:00:00 AM Location: 238 NW 14th Ave Delray Beach, FL 33444 -1659 Initial Funding Date: 10118/2011 Financing 0 Funded Amount: 36,107.81 Drawn Thru Program Year: 36,107.81 Drawn In Program Year: 35,657.81 Proposed Accomplishments 0 Housing Units: 1 0 Actual Accomplishments 0 Number assisted: 0 White: Objective: Create suitable living environments Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) Description: SINGLE UNIT RESIDENTIAL REHABILITATION Owner Renter Total Hispanic Total Hispanic 0 0 0 0 Natio nal Objective: LMH Total Person Total Hispanic Total Hispanic 0 0 G Black/African American: 1 0 0 0 1 0 0 0 Asian: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native: 0 0 0 ❑ 0 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & Black/African American: 0 0 0 ❑ 0 0 0 0 Other multi - racial: 0 0 0 0 0 0 0 0 Asian /Pacific Islander: 0 0 ❑ 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 0 0 Total: 1 0 0 0 1 0 0 0 ----------------------------------------- -- - PR03 - DELRAY BEACH Page: 4 of 26 Female - headed Households: 12/2012011 Financing 0 Income Category: 99,245.71 Drawn Thru Program Year: 99,245.71 Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 1 0 1 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 1 0 1 0 Percent LowlMod 100.0% 100.0% Annual Accomplishments 0 M IRIS Activity: 337 - PROGRAM ADMINISTRATION Status: Completed 9/30/2012 12:00:00 AM Location: Initial Funding Date: 12/2012011 Financing Funded Amount: 99,245.71 Drawn Thru Program Year: 99,245.71 Drawn In Program Year: 9,999.91 Proposed Accomplishments Actual Accomplishments Number assisted. White: Black /African American: Asian: American Indian /Alaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black/African American & White: American Indian /Alaskan Native & Black /African American: Other multi- racial: # Benefitting Objective: Outcome: Matrix Code: General Program Administration (21A) National Objective: Description: FUNDS PROVIDED FOR THE OVERALL ADMINISTRATION_ OF THE CDBG PROGRAM AND NEIGHBORHOOD SERVICE DIVISION Owner Renter Total Hispanic Total Hispanic Total Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Hispanic - - - -- -- - -- - - - - - - - - ---- -- -- -- - - ----- - --- -- - - -- - DELRAY BEACH Page: 5 of 26 Asian /Pacific Islander: Hispanic: Total: 0 0 Female- headed Households: Objective: Create suitable living environments Income Category: Outcome: Sustainability Owner Renter Total Person Extremely Low 0 Low Mod 0 Moderate 0 Non Low Moderate 0 Total 0 0 0 0 Percent Low /Mod _ Annual Accomplishments No data returned for this view. This might be because the applied filter excludes all data. 0 0 0 rn.x.ear. �u;t i, Project. 0002 - HOUSING REHABILITATION IDIS Activity: 338 - HOUSING REHABILITATION ADMINISTRATION Status: Completed 9/30/2012 12:00:00 AM Objective: Create suitable living environments Location: 100 NW 1st Ave Delray Beach, FL 33444 -2612 Outcome: Sustainability Matrix Code: Rehabilitation Administration (14H) National Objective: LMA Initial Funding Date: 12/20/2011 Description: FUNDS ARE PROVIDED FOR REHABILITATION ADMINISTRATION FOR HOUSING REHABILITATION Financing SPECIALIST AND HOUSING REHABILITATION INSPECTOR. Funded Amount: 160,123.69 Drawn Thru Program Year: 160,123.69 Drawn In Program Year: 20,954.64 Proposed Accomplishments Housing Units: 1 Total Population in Service Area: 13 713 Census Tract Percent Low 1 Mod: 71.50 Annual Accomplishments Years Accomplishment Narrative # _W-_Y--- - - -- -------------------•------•-------------------------------.---.-------------•---------------------------------- -- --- ---- -- ---------- --. - -- a : ------- ---------------- 03 - ELRAY BEACH Page: 6 of 26 Initial Funding Date: 12/2012011 Financing Total Funded Amount: 31,144.22 Drawn Thru Program Year: 31,144.22 Drawn In Program Year: 30,694.22 Proposed Accomplishments 1 Housing Units: 1 0 Actual Accomplishments 0 Number assisted: 0 White: Black/African American: Asian: American IndianlAlaskan Native: Native HawaiianlOther Pacific Islander: American IndianlAiaskan Native & White: Asian White: Black /African American & White: American Indian /Alaskan Native & Black/African American Other multi - racial: Asian /Pacific Islander: Hispanic: Total: Female- headed Households Income Category: Owner Total Hispanic 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 Person 0 0 0 0 0 Renter Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 Total 0 1 0 0 0 0 0 0 0 0 0 0 1 0 Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 Person Total Hispanic 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 i} 0 - -- --'-679 ----------------------------------------------------------------------------------------------------------------------------------=--------------------------------------- PR03 - LRAY BEACH Page: 7 of 26 Owner Renter Total Extremely Low 0 0 0 Low Mod 1 0 1 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 1 0 1 Percent Low /Mod 100.0% 100.0% Owner Total Hispanic 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 Person 0 0 0 0 0 Renter Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 Total 0 1 0 0 0 0 0 0 0 0 0 0 1 0 Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 Person Total Hispanic 0 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 i} 0 - -- --'-679 ----------------------------------------------------------------------------------------------------------------------------------=--------------------------------------- PR03 - LRAY BEACH Page: 7 of 26 Annual Accomplishments Years Accomplishment Narrative # Benefittin Status: Completed 9/30/2013 12:00:00 AM Objective: Create suitable living environments Location: 1009 NW 3rd Ter Delray Beach, FL 33444 -1751 Outcome: Sustainability Matrix Code: Rehab; Single -knit Residential (14A) National Objective: LMH Initial Funding Date: 12/20/2011 Description: SINGLE UNIT RESIDENTIAL REHABILITATION Financing Funded Amount: 36,650.39 Drawn Thru Program Year: 36,650.39 Drawn In Program Year: 36,200.39 Proposed Accomplishments Housing Units: 1 Actual Accomplishments Owner Renter Total Person Number assisted- Total Hispanic Total Hispanic Total Hispanic Total p White: 0 0 0 0 _ 0 0 0 Black/African American: 1 0 0 0 1 0 0 0 Asian: 0 0 0 0 0 0 0 0 American IndianlAlaskan Native: 0 0 0 0 0 0 0 0 Native Hawaiian/Other Pacific Islander: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & Black/African American: 0 0 0 0 0 0 0 0 Other multi - racial: 0 0 0 0 0 0 0 0 Asian /Pacific Islander: 0 0 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 0 0 Total: 1 0 0 0 1 0 0 0 Female- headed Households: 0 0 0 Income Category: Owner Renter Total Person Extremely Low 1 0 1 0. Low Mod 0 0 0 0 - -- - - -- -- - -------------------------------------------------------•--•-------.-.----------------------------------------------------------------------- PR03 - DELRAY BEACH - - - --- -- ----------------------- Page: 8 of 26 Moderate 0 Non Low Moderate 0 Total 1 Percent LowlMod 100.0% Annual Accomplishments Years Accomplishment Narrative 0 0 0 0 0 0 0 1 0 100.0% Status: Completed 9/30/2012 12:00:00 AM Objective: Create economic opportunities Location: 555 NW 4th St Delray Beach, FL 33444 -2734 Outcome: Availability /accessibility Matrix Code: Child Care Services (05L) National Objective: LMC Initial Funding Date: 05/02/2012 Description: Provides affordable quality preschool care to eligible children ages 12 months through five years and Financing afterout of school care for eligible children ages 5 -14 years. Funded Amount: 72,540.00 CDBG funds will be used to provide direct support to the children and families for all aspects of delivery Drawn Thru Program Year: 72,540.00 of service. Drawn In Program Year: 6,045.00 Proposed Accomplishments People (General) : 700 Actual Accomplishments Owner Renter Total Person Number assisted: Total Hispanic Total Hispanic Total Hispanic Total His anic P White: 0 0 0 0 0 0 6 0 Black/African American: 0 0 0 0 0 0 956 0 Asian: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native: 0 0 0 0 0 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 0 3 0 American Indian /Alaskan Native & Black/African American: 0 0 0 0 0 0 0 0 Other multi - racial: 0 0 0 0 0 0 80 79 Asian /Pacific Islander: 0 0 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 0 0 Total: 0 0 0 0 0 0 1,054 79 Female- headed Households: 0 0 0 ------------------------------- - - - - -- ---------------------- - - - - -- ---------------- PR03 - DELRAY BEACH - - - - -- ------------------------------------ ---- -- - - - - -- ------- - - - - -- -------------------------------------- Page: 9 of 26 Income Category. Extremely Low Low Mod Moderato Non Low Moderate Tota I Percent Low /Mod Annual Accomplishments Owner Renter Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Person 63 69 922 0 1,054 100.0% IDIS Activity: 344 - FAIR HOUSING CENTER OF THE GREATER PALM BEACHES Status: Completed 9/30/2012 12:00:00 AM Location: , Initial Funding Date: 07123/2012 Financing Funded Amount: 6,000.00 Drawn Thru Program Year: 6,000.00 Drawn In Program Year: 1,000.00 Proposed Accomplishments Actual Accomplishments Objective: Outcome: Matrix Code: Fair Housing Activities (subject to Nati( 20 %Admin Cap) (21 D) Description: Project provides funding assistance in support of the Fair Housing CE Education Sessions for civic organizations, community based agencie immigrant populations andor schools within the municipal boundaries These sessions shall be designated to educate the public and protect discrimination in housing and to gain an understanding of the means and relief. Housing Industry Provider Education Seminars for developers, real e financial institutions, and the mediaadvertising industry. The seminars shall provide information on fair housing laws, Commu and affirmative marketing requirements. Objective: :er to provide Community , social service providers, f the City of Delray Beach. 1 classes to identify incidents of find remedies, to seek redress brokers, property managers, ity Reinvestment Act regulations Owner Renter Total !Person Number assisted: Hispanic Total Hispanic Total Hispanic Total Hispanic Total p White: 0 0 BlacklAfrican American: 0 0 Asian: 0 0 American Indian /Alaskan Native: 0 0 Native Hawaiian /Other Pacific Islander: 0 0 American IndianlAlaskan Native & White: 0 0 Asian White: 0 0 Black/African American & White: 0 0 American Indian /Alaskan Native & Black/African American: 0 0 Other multi - racial: 0 0 Asian /Pacific Islander: 0 0 ---------- - - - - -- ---------------------- - - - - -- - PR03 - DELRAY BEACH Page: 10 of 26 Hispanic: Objective: Total: 0 0 Female- headed Households: 0 Income Category: Sustainability Owner Renter Total Person Extremely Low 0 Low Mod 0 Moderate 0 Non Low Moderate 0 Total 0 0 0 0 Percent Low /Mod SINGLE UNIT RESIDENTIAL REHABILITATION Annual Accomplishments Financing No data returned for this view. This might be because the applied filter excludes all data. PC�N! Year 2Q 11 .. Project 0002 HOUSING REHABILITATION IDIS Activity: 345 - CUNNINGHAM111 -382 0 a 0 0 Objective: Create suitable living environments 0 0 0 0 0 Sustainability Status: Completed 5/20/2013 12:00:00 AM Objective: Create suitable living environments Location: 610 SW 5th Ave Delray Beach, FL 33444 -2412 Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) National Objective: LMH Initial Funding Date: 08130/2012 Description: SINGLE UNIT RESIDENTIAL REHABILITATION Financing Funded Amount: 23,724.96 Drawn Thru Program Year 23,724 -96 Drawn in Program Year: 23,274.96 Proposed Accomplishments Housing Units : 1 Actual Accomplishments Owner Renter Total Person Number assisted: Total Hispanic Total Hispanic Total Hispanic Hispanic Total P White: 0 0 0 0 0 0 0 Black/African American: 1 0 0 0 1 0 4 0 Asian: 0 0 0 0 0 0 0 0 - - -- - - -- - PR03 - DELRAY BEACH ----- -- - - -- --------------------- -•------- - - - - -- ----------------------------------- - - - - -- ---------------- ----- -------------------------- Page: 11 of 26 American Indian /Alaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black/African American & White: American Indian /Alaskan Native & Black/African American: Other multi - racial: Asian /Pacific Islander: Hispanic: Total: 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 0 0 0 1 0 0 0 1 4 n 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IRIS Activity: 346 - GIBSON /09 -312 Status: Completed 12/19/2012 12:00:00 AM Location: 622 SW 4th Ave Delray Beach, FL 33444 -3537 Initial Funding Date: 0813012012 Financing Funded Amount: 21,883.40 Drawn Thru Program Year: 21,883.40 Drawn In Program Year: 21,433.40 Proposed Accomplishments Housing Units : 1 Objective: Create suitable living environments Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) Description: SINGLE UNIT RESIDENTIAL REHABILITATION. National Objective: LMH --------------------------- PR03 - DELRAY BEACH Page: 12 of 26 Actual Accomplishments Project: 0002 HOUSING, REHABILITATION IDIS Activity: 347 - FRANKLIN/1 0 -339 Hispanic .36 0 0 0 0 0 0 0 0 0 0 0 0 0 # Benefitting Status: Completed 11/16/2012 12:00:00 AM Objective: Create suitable living environments Location: 334 NW 4th Ave Delray Beach, FL 33444 -2718 Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) National Objective: LMH Initial Funding Date: 10/30/2012 Description: Financing SINGLE UNIT RESIDENTIAL REHABILITATION Funded Amount: 9,904.72 Drawn Thru Program Year; 9,904.72 ------------- ---- - -------------------------------------------- --------------------- - - - - -- ----------------- PR03 - DELRAY BEACH --------------------------------------------- = - - - - -- - ------------------------- - - -- -- Page: 13 of 26 Owner Renter Total Number assisted.' Total Hispanic Total Hispanic Total Hispanic Total White: 0 0 0 0 0 0 Black /African American: 1 0 0 0 1 0 Asian: 0 0 0 0 0 0 American Indian /Aiaskan Native: 0 0 0 0 0 0 Native Hawaiian /Other Pacific Islander; 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 0 American Indian /Alaskan Native & Black/African American: 0 0 0 0 0 0 Other multi - racial: 0 0 0 0 0 0 Asian /Pacific Islander: 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 Total: 1 0 0 0 1 0 Female- headed Households: 1 0 1 Income Category: Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 1 0 1 0 Moderate 0 0 0 0 Non Low Moderate 0 0 a a Total 1 0 1 0 Percent Low /Mod 100.0% 100.0% Annual Accomplishments Years Accomplishment Narrative 2012 PROJECT COMPLETED ON 1112612012. TOTAL OF $20,470.04 PAID TO BUILT SOLID CONSTRUCTION FOR REHABILITATION; PAID TO HULETT FOR FUMIGATION AND $19.10 FOR RECORDING FEES APPLIED TO PROGRAM ADMINISTRATION. Project: 0002 HOUSING, REHABILITATION IDIS Activity: 347 - FRANKLIN/1 0 -339 Hispanic .36 0 0 0 0 0 0 0 0 0 0 0 0 0 # Benefitting Status: Completed 11/16/2012 12:00:00 AM Objective: Create suitable living environments Location: 334 NW 4th Ave Delray Beach, FL 33444 -2718 Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) National Objective: LMH Initial Funding Date: 10/30/2012 Description: Financing SINGLE UNIT RESIDENTIAL REHABILITATION Funded Amount: 9,904.72 Drawn Thru Program Year; 9,904.72 ------------- ---- - -------------------------------------------- --------------------- - - - - -- ----------------- PR03 - DELRAY BEACH --------------------------------------------- = - - - - -- - ------------------------- - - -- -- Page: 13 of 26 Drawn In Program Year: 1,297.08 Proposed Accomplishments Housing Units: 1 Actual Accomplishments Number assisted: White: Black /African American: Asian: American Indian /Alaskan Native- Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black /African American & White: American IndianlAiaskan Native & Black/African American Other multi- racial: Asian /Pacific Islander: Hispanic: Total: Female - headed Households: Income Category: Owner Renter Total Extremely Low 0 0 0 Low Mod 1 0 1 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 1 0 1 Percent Low /Mod 100.0% 100.0% Annual Accomplishments Years Accomplishment Narrative Owner Total Hispanic 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 Person 0 0 0 0 0 Renter Total Hispanic 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 Total 0 1 0 0 0 0 0 0 0 0 0 0 1 0 Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 Total i Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 PR03 - DELRAY BEACH Page: 14 of 26 Initial Funding Date: 12118/2012 Description: Financing THIS PROJECT PROVIDES FOR THE ELIGIBLE COSTS ASSOCIATED WITH THE ADMINISTRATION OF THE CITY'S CDBG PROGRAM AND NEIGHBORHOOD SERVICES DIVISION. Funded Amount: 76,150.52 ELIGIBLE PROGRAM ADMINISTRATION COSTS INCLUDE STAFF AND RELATED COSTS Drawn Thru Program Year: 76,150.52 REQUIRED FOR PROGRAM MANAGEMENT, COORDINATION, MONITORING, REPORTING, EVALUATION AND OVERSIGHT. Drawn In Program Year: 76,150.52 THESE COSTS ARE SUBJECT TO A STATUTORY LIMITATION OF1 NOT MORE THAN 20% OF THE Proposed Accomplishments ANNUAL GRANT FUNDS PLUS PROGRAM INCOME. Actual Accomplishments Renter Total Hispanic 0 0 Total Person Total Hispanic Total Hispanic 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 --- -- - ---- -- --------------------------------------------------------------------------------------------------------------------------------- - - - - -- -- - - - - -- age : - ----------------------- PR03 - QELRAY BEACH Page: 15 of 26 Owner Number assisted; Total Hispanic White: Black /African American: Asian: American Indian /Alaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black/African American & White: American IndianlAlaskan Native & Black/African American: Other multi - racial: Asian /Pacific Islander: Hispanic: Total: 0 0 Female- headed Households: Income Category: Owner Renter Total Person Extremely Low 0 Low Mod 0 Moderate 0 Non Low Moderate 0 Total 0 0 0 0 Percent Low /Mod Annual Accomplishments No data returned for this view. This might be because the applied filter excludes all data. Renter Total Hispanic 0 0 Total Person Total Hispanic Total Hispanic 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 --- -- - ---- -- --------------------------------------------------------------------------------------------------------------------------------- - - - - -- -- - - - - -- age : - ----------------------- PR03 - QELRAY BEACH Page: 15 of 26 PGM;Year "1 2012 Project: 0002 - HOUSING ".REHABILITATION IDIS Activity: 349 - HOUSING REHABILITATION ADMINISTRATION Status: Open Location: 610 SW 7th Ave Objective: Create suitable living environments Location: 100 NW 1st Ave Delray Beach, FL 33444 -2612 Outcome: Sustainability Funded Amount: Matrix Code: Rehabilitation Administration (14H) Natio Initial Funding Date: 12/1812012 Description: 450.00 THIS PROJECT PROVIDES FOR STAFF COSTS AND RELATED E) Financing OUTREACH EFFORTS FOR MARKETING THE PROGRAM, REHAE Funded Amount: 121,947.15 SCREENING POTENTIAL APPLICANT HOUSEHOLDS AND STRUC Drawn Thru Program Year: 121,947.15 SPECIFICATIONS AND BID PACKAGES, INSPECTIONS, ELIGIBILI OTHER SERVICES RELATED TO ASSISTING OWNERS, CONTRA( Drawn In Program Year: 121,947.15 WHO ARE PARTICIPATING IN ELIGIBLE REHABILITATION ACTIVI Proposed Accomplishments Total Population in Service Area: 10,114 Census Tract Percent Low 1 Mod: 60.40 Annual Accomplishments Years Accomplishment Narrative Objective: LMA PENSES REQUIRED FOR LITATION COUNSELING, FURES, PREPARING WORK Y DETERMINATIONS AND TORS AND OTHER ENTITIES 'IES. # Beneiitting Status: Completed 9/30/2013 12:00:00 AM Location: 610 SW 7th Ave Delray Beach, FL 33444 -2447 Initial Funding Date: 01/22/2013 Financing Funded Amount: 450.00 Drawn Thru Program Year: 450.00 Drawn In Program Year: 450.00 Proposed Accomplishments Housing Units : 1 Objective: Create suitable living environments Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) Description: SINGLE UNIT RESIDENTIAL REHABILITATION. Natic Objective: LMH - --- ---- --- --------- - - - - -- -------------------------------------------- --------------------------------------------------------- PR03 - LRAY BEACH Page: 16 of 26 Actual Accomplishments Number assisted. White: Black/African American: Asian: American Indian /Alaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black /African American & White: American Indian /Alaskan Native & Black/African American Other multi - racial: Asian /Pacific Islander: Hispanic: Total: Female- headed Households: Income Category: lPerson Hispanic Total Hispanic 0 Owner Renter Total Extremely Low 1 0 1 Low Mod 0 0 0 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 1 0 1 Percent Low /Mod 100.0% 0 0 100.0% Annual Accomplishments Years Accomplishment Narrative Owner Total Hispanic 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 Person 0 0 0 0 0 Renter Total Hispanic 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 Total 0 1 0 0 0 0 0 0 0 0 0 0 1 1 Total lPerson Hispanic Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Matrix Code: Rehab; Single -Unit Residential (14A) Natic Initial Funding Date: 01/22/2013 Description: Financing SINGLE UNIT RESIDENTIAL REHABILITATION. Funded Amount: 18,908.10 Drawn Thru Program Year 18,908.10 -- -- PR03 BEA -- • CH ------ - ---------------- --------------- -- - -- --- - - - -• -- -- - - _ - DI =CRAY # Be Objective: LMH --------------------------------------- Page: 17 of 26 Drawn In Program Year: 18,908.10 Proposed Accomplishments Housing Units: 1 Actual Accomplishments Number assisted. White: Black/African American: Asian: American IndlaNAlaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black/African American & White: American Indian /Alaskan Native & Black/African American Other multi- racial: AsianlPacific Islander: Hispanic: Total: Female- headed Households: Income Category: Owner Renter Total Extremely Low 0 0 0 Low Mod 1 0 1 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 1 0 1 Percent LowlMod 100.0% 100.0% Annual Accomplishments Years Accomplishment Narrative Owner Total Hispanic 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Person 0 0 0 0 0 Renter Total Hispanic 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 Total Total Hispanic 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 # Senefifti --------------------------------------------------------------------------------------------------------------------------------------------------------1-•--------------------------------- PR03 - DELRAY BEACH Page: 18 of 26 Initial Funding Date: 01/22/2013 0 Financing 0 Funded Amount: 55,970.00 0 Drawn Thru Program Year: 55,970.00 0 Drawn In Program Year: 55,970.00 0 Proposed Accomplishments 0 People (General) : 700 0 Actual Accomplishments 0 Number assisted: 0 White: 73 Mack/African American: 0 Asian: 0 American Indian /Alaskan Native: 73 Native HawaiianlOther Pacific Islander: American IndianlAlaskan Native & White: Asian White: Biack/African American & White: American Indian /Alaskan Native & Black/African American Other multi - racial: Asian /Pacific Islander: Hispanic: Total: Female- headed Households: Income Category: Owner Renter Total Extremely Low 0 0 0 Low Mod 0 0 0 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 0 0 0 Percent Low /Mod Annual Accomplishments Years Accomplishment Narrative Description: j Provides affordable quality preschool care to eligible children ages 12� months through five years and afterout of school care for eligible children ages 5 -14 years. CDBG funds will be used to provide direct support to the children ant families for all aspects of delivery of service. Owner Total Hispanic 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 Person 808 139 42 41 1,030 96.0% Renter Tota! Hispanic 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 Total Total Hispanic 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 Total ; Hispanic 7 0 929 0 0 0 0 I 0 0 0 0 0 0 0 0 (l 0 94 73 I 0 I 0 0 0 1,030 73 PR03 - DELRAY BEACH Page: 19 0 €26 Status: Open Objective: Create suitable living environments Location: 26 NW 11th Ave Delray Beach, FL 33444 -1638 Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) Initial Funding Date: 05/2812013 Description: SINGLE -UNIT RESIDENTIAL REHABILITATION Financing Total Person Funded Amount: 450.00 Total Hispanic Total Hispanic Drawn Thru Program Year: 450.00 Hispanic 0 0 0 Drawn In Program Year: 450.00 0 0 0 Proposed Accomplishments 0 0 0 Housing Units: 1 0 0 0 Actual Accomplishments 0 0 0 0 b 0 Owner Number assisted: 0 0 0 0 0 0 Total Hispanic White: 0 0 0 0 Black/African American: 0 0 0 Asian: 0 0 0 American Indian /Alaskan Native: 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 Asian White: 0 0 0 BlacklAfrican American & White: b 0 0 American Indian /Alaskan Native & Black/African American: 0 0 Other multi - racial: 0 0 0 Asian /Pacific Islander: 0 0 Hispanic: 0 0 Total: 0 0 Female - headed Households: 0 Income Category: Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 0 0 0 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 0 0 0 0 Percent LowlMod Annual Accomplishments No data returned for this view. This might be because the applied filter excludes all data. IObjective: LMH Renter Total Person Total Hispanic Total Hispanic Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b 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 0 0 0 0 a b 0 0 0 o a I 0 a 0 0 - - -- -- - - - - - -- -- -- -- - -- - - - ------ - - - - -- -_ _ PR03 - DELRAY BEACH - - I -- -- -- - - -- ._ Page: 2 D of 26 PGM Year..: 2012 Project: 0002 HOUSING REHABILITATION . 1DIS Activity: 354 - JOHNSON/lb-336 Status: Open Objective: Create suitable living environments Location: 609 SW 5th Ave Delray Beach, FL 33444 -2411 Outcome: Sustainability Matrix Cade: Rehab; Single -Unit Residential (14A) Initial Funding Date: 05128/2013 Description: SINGLE -UNIT RESIDENTIAL REHABILITATION Financing Funded Amount: 13,679.10 Drawn Thru Program Year: 13,679.10 Drawn In Program Year: 13,679.10 Proposed Accomplishments Housing Units: 1 Actual Accomplishments Owner Renter Total Number assisted: Total Hispanic Total Hispanic Total Hispanic White: 0 0 0 0 0 0 BlacklAfrican American: 0 0 0 0 0 0 Asian: 0 0 0 0 0 0 American Indian /Alaskan Native: 0 0 0 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 Asian White: 0 0 0 0 0 0 Black /African American & White: 0 0 0 0 0 0 American Indian /Alaskan Native & Black/African American: 0 0 0 0 0 0 Other multi- racial: 0 0 0 0 0 0 Asian /Pacific Islander: 0 0 0 0 0 0 Hispanic: 0 0 0 0 0 0 Total: 0 0 0 0 0 0 Female- headed Households: 0 0 0 Income Category: Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 0 0 0 0 Moderate 0 0 0 0 Total Objective: LMH Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 PR03 - DELRAY BEACH I J Page: 21 of 26 Initial Funding Date: Financing Funded Amount: Drawn Thru Program Year: Drawn In Program Year: Proposed Accomplishments Housing Units: 1 Actual Accomplishments Number assisted: Matrix Code: Rehab; Single -Unit Residential (14A) 08/27/2013 Description: SINGLE- FAMILY RESIDENTIAL UNIT 450.00 450.00 450.00 White: Black /African American: Asian: American Indian /Alaskan Native: Native Hawaiian /Other Pacific Islander: American Indian /Alaskan Native & White: Asian White: Black/African American & White: American Indian /Alaskan Native & Black/African American: Other multi- raciai: Asian /Pacific Islander: Hispanic: Total: Female- headed Households: Income Category: Owner Total Hispanic 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 Renter Total Hispanic 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 Tota I 0 a 0 0 0 0 0 0 0 0 0 0 0 0 Total Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Objective: LMH Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 Owner Renter. Total Person ------ ------------------------- - - - - -- ---------------- -- - - -- -------------------------------------------------------------- ----------------------- - - - - -- --------------------------------------- PR03 - DELRAY BEACH Page: 22 of 26 Extremely Low 0 0 0 0 Low Mod 0 0 0 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 0 0 0 0 Percent Low /Mod 0 Black/African American: 0 0 Annual Accomplishments 0 0 0 No data returned for this view. This might be because the applied filter excludes all data. Project: 0002 - HOUSING .REHABILITATION IRIS Activity: 356 - WASHINGTON/1 1-399 Status: Open Location: 30 SW 13th Ave Delray Beach, FL 33444 -1538 Initial Funding Date: 06/27/2013 Financing Funded Amount: 17,153.50 Drawn Thru Program Year: 17,153.50 Drawn In Program Year: 17,153.50 Proposed Accomplishments Hispanic Housing Units: 1 Hispanic Actual Accomplishments Objective: Create suitable living environments Outcome: Sustainability Matrix Code: Rehab; Single -Unit Residential (14A) Description: SINGLE - FAMILY RESIDENTIAL UNIT. Objective: LMH Owner Renter Total Person Number assisted: Total Hispanic Total Hispanic Total Hispanic Total Hispanic His A White: 0 0 0 0 0 0 0 Black/African American: 0 0 0 0 0 0 0 0 Asian: 0 0 0 0 0 0 10 0 American IndianlAlaskan Native: 0 0 0 0 0 0 i0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 10 0 American Indian /Alaskan Native & White: 0 0 0 0 0 0 10 0 Asian White: 0 0 0 0 0 0 10 0 Black/African American & White: 0 0 0 0 0 0 10 0 American Indian /Alaskan Native & Black/African American: 0 0 0 0 0 0 O 0 PR03 - DELRAY -B, E_AEH - - - - - - -- - - - Pagel 23 of 26 Other multi - racial: Matrix Code: Rehab; Single -Unit Residential (14A) 0 AsianlPacific Islander: Initial Funding Date: 08/27/2013 Description: 0 Hispanic: 0 Total: RESIDENTIAL UNIT 0 Female- headed Households: 0 Income Category: Funded Amount: 31,257.00 Owner Renter Total Person Extremely Low 0 0 0 0 Low Mod 0 0 0 0 Moderate 0 0 0 0 Non Low Moderate 0 0 0 0 Total 0 0 0 0 Percent Low /Mod Actual Accomplishments Annual Accomplishments I Years Accomplishment Narrative Owner Renter Total 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 # Benefitting Matrix Code: Rehab; Single -Unit Residential (14A) National Objective: LMH Initial Funding Date: 08/27/2013 Description: SINGLE - FAMILY RESIDENTIAL UNIT Financing Funded Amount: 31,257.00 j Drawn Thru Program Year: 31,257.00 Drawn In Program Year: 31,257.00 Proposed Accomplishments Housing Units : 1 Actual Accomplishments I Owner Renter Total (Person Number assisted: Total Hispanic Total Hispanic Total Hispanic Hispanic Total His , p White: 0 0 0 0 0 0 0 Black/African American: 0 0 0 0 0 0 0 0 Asian: G 0 0 0 0 0 0 0 American Indian /Alaskan Native: 0 0 0 0 0 0 0 0 Native Hawaiian /Other Pacific Islander: 0 0 0 0 0 0 D 0 American IndtanlAlaskan Native & White: 0 0 0 0 0 0 D 0 ------------- - - - - -= ------------------------------------------------------------ - - - - -- PR03 - DELRAY BEACH - - -- a------- - - - - -- Page: 24 of 26 Asian White: 0 0 0 0 0 Black/African American & White: 0 0 0 0 0 American Indian /Alaskan Native & Black/African American Other multi- racial: 0 0 0 0 0 Asian /Pacific Islander: 0 0 0 0 0 Hispanic: 0 0 0 0 Total: 0 Drawn Thru Program Year: 6,000.00 These sessions shall be designated to educate the public and protected classes to identify incidents of Female- headed Households: o find remedies, to seek redress Drawn In Program Year: 6,OD0.00 and relief. Income Category.' state brokers, property managers, financial institutions, and the mediaadvertising industry. Owner Renter Total Extremely Low 0 0 0 Low Mod 0 0 0 Moderate 0 0 0 Non Low Moderate 0 0 0 Total 0 0 0 Percent Low /Mod Annual Accomplishments 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 Person 0 0 0 0 0 t 0 0 0 0 0 0 0 0 # Benefitti 2012 Project out for bid. Pending contractor award. Year Project 0003 PUBLIC.S.E'RVICE IRIS Activity: 358 - FAIR HOUSING CENTER OF THE GREATER PALM BEACHES Status: Completed 11/1/2013 12:00:00 AM Objective: Create economic opportunities Location: 1300 Lantana Rd Ste 200 Suite 200 Lantana, FL 33462- Outcome: Availability /accessibility 1555 Matrix Code: Fair Housing Activities (if CDGS, then Nati nal Objective: LMA subject to 15% cap) (05J) Initial Funding Date: 10/31/2013 Description: Project provides funding assistance in support of the Fair Housing Center to provide Community Financing Education Sessions for civic organizations, community based agencies, social service providers, Funded Amount: 6,000.00 immigrant populations andor schools within the municipal boundaries of the City of Delray Beach. Drawn Thru Program Year: 6,000.00 These sessions shall be designated to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means o find remedies, to seek redress Drawn In Program Year: 6,OD0.00 and relief. Proposed Accomplishments Housing Industry Provider Education Seminars for developers, real state brokers, property managers, financial institutions, and the mediaadvertising industry. People (General) : 150 The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations Total Population in Service Area: 9,467 and affirmative marketing requirements. Census Tract Percent Low / Mod: 66.90 Annual Accomplishments Years Accomplishment Narrative # Benefittin 2012 Funds were used to provide direct support to 173 households. -------------------------------------------------------------------------------------------------------------------------- -- --- --- ------- ------ --- - - - - -- ----- ----------- ------ --- - - - -- --- - - -- PR03 - DELRAY BEACH Page: 25 of 26 Total Funded Amount: $977,045.59 Total Drawn Thru Program Year: $977,045.51 Total Drawn In Program Year: $530,412.78 - ------ -- - - - - - - - °- -- --- -- - --- -- - ---- - - - -- • --- -- - --- - ------------ - - - - -- - PR43 - DELRAY BEACH Page: 26 of 26 INTENTIONALLY D , I rj E U.S. I]epartrrient'of Housing aril iJrban Development 8 DATE: 1Ii`19 13 , i Office: of Community Plainning'and Development $0.00 TIME:: , 9:43 -`1 m P: Integrated Disbursement and Information System 0 PAGE: 1 $62,015.00 CDBG Summary of Accomplishments $62,015.00 0 $0.00 3 Program Year: 2012 3 $68,015.00 1 $76,150.52 2 $11,439.91 3 $87,590.43 DELRAY BEACH $0.00 1 $1,000.00 Count of CDBG Activities with Disbursements by Activity Group & Matrix Code $1,000.00 Underway Completed Activity Group Activity Category Underway Activities Completed Activities Program Year Total Activities Count Disbursed Count Disbursed Count Disbursed Economic Development Housing Public Services General Administration and Planning Grand Total ED Direct Financial Assistance to For - Profits (18A) Total Economic Development Rehab; Single -Unit Residential (14A) Rehabilitation Administration (14H) Total Housing Fair Housing Activities (if CDGS, then subject to 15% cap) (05.1) Child Care Services (05L) Total Public Services General Program Administration (21A) Fair Housing Activities (subject to 20% Admin Cap) (21D) Total General Administration and Planning 1 $0.00 0 $0.00 1 $0.00 1 $0.00 0 $0.010 1 $0.00 6 $81,897.70 7 $149,007.86 13 $230,905.56 1 $121,947.15 1 $20,954.61 2 $142,901.79- 7 $203,844.85 8 $169,962.5! 15 $373,807.35 0 $0.00 1 $6,000.010 1 $6,000.00 0 $0.00 2 $62,015.00 2 $62,015.00 0 $0.00 3 $68,015.00 3 $68,015.00 1 $76,150.52 2 $11,439.91 3 $87,590.43 0 $0.00 1 $1,000.00 1 $1,000.00 1 $76,150.52 3 $12,439.91 4 $88,590.43 9 $279,995.37 14 $250,417.4. 23 $530,412.78 .::U.S. Department of Housing and Urban Development i I DATE:.' 11`, =191. Office of Community. Planning and Development TIME: 9:43 Integrated Disbursement and Information System PAGE: 2 CDBG Summary of Accomplishments ��._.. Program Year. 2012 DELRAY BEACH CDBG Sum of Actual Accomplishments by Activity Group and Accomplishment Type Activity Group Matrix Code Accomplishment Type Open Count C Impleted Count Program Year Totals Economic Development ED Direct Financial Assistance to For - Profits (18A) Jobs 0 0 0 0 0 Total Economic Development 0 Housing Rehab; Single -Unit Residential (14A) Housing Units 1 7 8 Rehabilitation Administration (14H) Housing Units 10,114 1 13,713 23,827 13,720 23,835 Total Housing 10,115 Public Services Fair Housing Activities (if CDGS, then subject to Persons 0 9,467 9,467 15% cap) (05J) Child Care Services (05L) Persons 0 2,084 2,084 11,551 11,551 _ Total Public Services 0 Grand Total 10,115 25,271 I i i 35,386 . U',S. Depariment of Housing and [Urban- Development i DATE 11-1943 Office of Community Planning and Development TIME:: 9:43 E ry ME .:. integrated Disbursement and Information System PAGE: 3 g' CDBG Summary of Accomplishments =` Program Year: 2012 DELRAY BEACH CDBG Beneficiaries by Racial / Ethnic Category Housing -Non Housing Race Total Hispanic Total Hispanic Total Persons Persons Total Households Households Housing White 0 0 1 0 Black/African American 0 0 7 0 8 0 Total Housing 0 0 Non Housing White 13 0 0 0 _ Black/African American 1,885 0 0 0 Black/African American & White 3 0 0 0 Other multi- racial 183 152 0 0 0 0 Total Non Housing 2,084 152 Grand Total White 13 0 1 0 Black/African American 1,885 0 7 0 Black/African American & White 3 0 0 0 Other multi - racial 183 152 0 0 8 I i I I I I i i 0 Total Grand Total 2,084 152 U S Department of Hoosirag and U ban DeVelopMerl DATE: ` 11 -19.13 Office of Community Planning and Developmerii. TIME; 9.43 Integrated Disbursement and Information System PAGE: 4 CDSG Summary of Accomplishments. :. .� Program Year: 2012 DELRAY BEACH CDBG Beneficiaries by Income Category Income Levels Owner Occupied Renter Occupied Persons Housing Extremely Low ( < =30 %) 2 0 0 Low ( >30% and < =50 %) 6 0 0 Mod ( >50% and < =80 %) 0 0 0 Total Low -Mod 8 0 0 Non Low -Mod ( >80 %) 0 0 0 Total Beneficiaries 8 0 0 Non Housing Extremely Low ( < =30 %) 0 0 808 Low ( >30% and < =50 %) 0 0 139 Mod ( >50% and < =80 %) 0 0 42 Total Low -Mod 0 0 989 Non Low -Mod ( >80 %) 0 0 41 Total Beneficiaries 0 0 i I I i I I i i i i i i I i I i i i i 1,030 ts Rl:livcl� INTENTIONALLY t PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDFD CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR D2 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME DATE`: 11 19 13 TIME: 9:51 PAGE: I (51,789,41) 413,140.00 0.00 0.00 12,685,12 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) Office of Community Planning and Development.` 06 RETURNS U.S, Department of Housing and Urban Development use Integrated Disbursement and Information System :� 1 PR26 - CDBG Financial Summary Report `t''�� v K' .- 3' X9'.9 B' ' Program Year 2012 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING /ADMINISTRATION DELRAY BEACH , FL PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDFD CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR D2 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME DATE`: 11 19 13 TIME: 9:51 PAGE: I (51,789,41) 413,140.00 0.00 0.00 12,685,12 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 RETURNS 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01 -07) 374,035.71 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING /ADMINISTRATION 441,822.35 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW /MOD BENEFIT 0100 11 AMOUNT SUBJECT TO LOW /MOD BENEFIT (LINE 09 + LINE 10) 441,822.35 12 DISBURSED IN IDIS FOR PLANNING /ADMINISTRATION 88,590.43 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0,00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0,00 15 TOTAL EXPENDITURES (SUM, LINES 11 -14) 530,412.78 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) (156,377.07) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW /MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW /MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW /MOD ACTIVITIES 441,822.35 20 ADJUSTMENT TO COMPUTE TOTAL LOW /MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17 -20) 441,82235 22 PERCENT LOW /MOD CREDIT (LINE 21 /LINE 11) 100.00% LOW /MOD BENEFIT FOR MULTI -YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW /MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW /MOD PERSONS (LINE 25 /LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 68,015.00 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 68,015.00 32 ENTITLEM ENT GRANT 413,140.00 33 PRIOR YEAR PROGRAM INCOME 0.00 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32 -34) 413,140.00 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVATES (LINE 31 /LIME 35) 16.46% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING /ADMINISTRATION 88,590.43 _....38 PA- .UNLIQ.UIDATED. OBLIGATIONS- AT -- ENI?- OF- CURREN- T-- .P-RO.GRAM- YEAR---- - - - - - -- ------ - - - - -- -- - ---- - - - - - - ---- ----- ---------- -- ._.._._._...._.. - -- ..._......._..._._._._...._. 0...00 - ................ 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 88,590,43 42 ENTITLEMENT GRANT 413,140.00 43 CURRENT YEAR PROGRAM INCOME 12,685.12 44 ADJUSTMENTTO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 4244) 425,825.12 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41 /LINE 45) 20.80% LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year Office of Community Plannrngand Development .` DATE. 11.r:1043 ° U S, Department of Housrng arid' Urban Development'. TINE 9:51. I� R, Integrated Disbursement and Information System`s PAGE. 2 .$ PR26 - CDBG Financial Summary Report Program Year 2012 Number DELRAY BEACH , FL LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2010 2 331 5523941 MARSH /10 -335 14A LMH $16,731.00 2010 2 331 5546481 MARSH /10 -335 14A LMH $17,439,00 2010 2 331 5558339 MARSH /10 -335 14A LMH $1,487.81 2011 2 338 5484477 HOUSING REHABILITATION ADMINISTRATION 14H LMA $20,954.64 2011 2 339 5523941 CARNEGIE/10 -326 14A LMH $18,225.00 2011 2 339 5546481 CARNEGIE /10 -326 14A LMH $85.00 2011 2 339 5558339 CARNEGIE /10 -326 14A LMH $11,420.00 2011 2 339 5568959 CARNEGIE /'10 -326 14A LMH $964.22 2011 2 340 5558339 PARKER/09 -294 14A LMH $13,792.SO 2011 2 340 5568959 PARKER/09 -294 14A LMH $17,471.76 2011 2 340 5580799 PARKER/09 -294 14A LMH $3,47181 2011 2 340 5623942 PARKER/09 -294 14A LMH $1,462.32 2011 2 345 5558339 CUNNINGHAM /11 -382 14A LMH $7,380.00 2011 2 345 5568959 CUNNINGHAM /11 -382 14A LMH $14,910.00 2011 2 345 5586790 CUNNINGHAM /11 -382 14A LMH $984.96 2011 2 346 5523941 GIBSON /09 -312 14A LMH $20,470.04 2011 2 346 5532096 GIBSON /09 -312 14A LMH $963.36 2011 2 347 5523941 FRANKLIN /10 -339 19A LMH $1,297.08 2011 3 343 5484477 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $6,045.00 2012 2 349 5510780 HOUSING REHABILITATION ADMINISTRATION 14H LMA $8,657,82 2012 2 349 5523941 HOUSING REHABILITATION ADMINISTRATION 14H LMA $16,765.32 2012 2 349 5532096 HOUSING REHABILITATION ADMINISTRATION 14H LMA $8,939.16 2012 2 349 5546481 HOUSING REHABILTTATION ADMINISTRATION 14H LMA $8,302.16 2012 2 349 5558339 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,492.74 2012 2 349 5568954 HOUSING REHABILITATION ADMINISTRATION 14H LMA $9,139.41 2012 2 349 5580799 HOUSING REHABILITATION ADMINISTRATION 14H LMA $7,993.04 2012 2 349 5586790 HOUSING REHABILITATION ADMINISTRATION 14H LMA $8,938.99 2012 2 349 5600160 HOUSING REHABILITATION ADMINISTRATION 14H LMA $7,612.16 2012 2 349 5611378 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,222,08 2012 2 349 5523942 HOUSING REHABILITATION ADMINISTRATION 14H LMA $12,486.72 2012 2 349 5627992 HOUSING REHABILITATION ADMINISTRATION 14H tMA $10,397.55 2012 2 350 5523941 STRICKLAND /10 -334 14A LMH $450.00 2012 2 351 5523941 MANKOFF /11 -374 14A LMH $450.00 2012 2 351 5580799 MANKOFF /11 -374 14A LMH $18,458.10 2012 2 353 5568959 WEATHERSPOON /11 -398 14A LMH $450.00 2012 2 354 5568959 JOHNSON /10 -336 14A LMH $450.00 - 2012------------------ ------------------ -------- 35.4 ----------------- -- 5623942---- JOHNSC)N / -10 336----------- ------------------- ------ - - -- -- ------------ ------- ------------------- 14A -------------- L-MH 2012 2 355 5580799 HULL /11 -401 14A LMH $450.00 2012 2 356 5580799 WASHINGTON /11 -399 14A LMH $450.00 2012 2 356 5623942 WASHINGTON /11 -399 14A LMH $15,703.50 2012 2 357 5580799 MICHEL /11 -403 14A LMH $450.00 2012 2 357 5623942 MICHEL /11 -403 14A LMH $30,807.00 2012 3 352 5523941 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $9,328.30 2012 3 352 5532096 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 051- LMC $4,664.17 2012 3 352 5546481 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,664.17 2012 3 352 5558339 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,664.17 2012 3 352 5568959 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,664.17 of'ice`of'Comaiunity Planning'and Development : DATE. 11 19 13 ' {sa—�JN U.S: Departm ent of Housing and'Man Development TIME: 9:51 N Infiegrated Disbursement and..I aem PAGE 3 PR26 - CDBG Financial Summary Report Program Year 2012 DELRAY BEACH , FL Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Matrix Code National Objective brawn Amount 2012 3 352 5580799 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,664.17 2012 3 352 5586790 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 051- LMC $4,664.17 2012 3 352 5600160 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $7,664.17 2012 3 352 5623942 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $10,992.51 2012 3 358 5623942 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES 051 LMA $6,000.00 Total $441,822.35 INTENTIONALLY IDIS - PR83 0 fl U.S. Department of Housing and Urban Development 0 0 0 DATE: 0 0 with improved access to a facility Office of Community Planning and Development TIME: Integrated Disbursement and Information System 0 0 fl PAGE: 0 Q Q CDBG Performance Measures Report 0 0 with access to a facility that is no longer substandard Program Year DELRAY SEACH,FL Public Facilities and infrastructure 0 0 0 0 Q Q 0 -----------------------------------------•--------- 0 0 Create Suitable Living Provide Decent Housing --- ---- 0 Create Economic Opportunities -- --- --------------------------- 0 Access -----.--_--•--------------------------- ------ - - - --- --------- -- Afford --- - - - - -- ---- Sustain Access Afford - - - - - -- --- --- ------- -- ----------------------------------------- Sustain - - - - Access -- ------------------------------------------- Afford Sustain Number of Persons Assisted with new access to a facility Create Suitable Living Provide Decent Housing Create Economic Opportunities 0 0 0 0 0 0 0 0 0 with improved access to a facility Afford Sustain :------------------------------------- Number of Persons Assisted 0 0 0 0 0 0 0 0 0 with access to a facility that is no longer substandard 0 0 0 0 0 0 0 0 0 ...._.......................... 0 ------------------- 0 ---------------------------------------------------------------------------•..-------------------------------------------------------------------------------------. Totals : 0 0 0 0 0 0 0 0 0 Number of Households Assisted 0 0 0 0 0 with new access to a facility 0 0 0 0 with new access to a service that is no longer substandard 11 -19 -13 9:55 1 Total 0 0 0 0 0 fl Q 0 0 0 0 0 0 with improved access to a facility 0 0 fl 0 Q Q o 0 0 with access to a facility that is no longer substandard 0 0 0 0 0 Q Q 0 -----------------------------------------•--------- 0 0 --------------------------------------------------------------------------------------- Totals ; 0 ------------- 0 --- ---- 0 --- -- - - -- -- --- 0 -------------------------- 0 -- --- --------------------------- 0 0 0 0 0 Public Services Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access ........................ -- -------------------- - -- - -- ....... ........ Afford .....----------------------------------------------------------------------------------------------- Sustain Access Afford Sustain Access ._._._................... Afford Sustain :------------------------------------- Number of Persons Assisted with new (or continuing) access to a service 0 0 0 0 0 0 1,203 Q 0 1,203 with improved (or continuing) access to a service 0 0 0 0 0 0 0 0 0 0 with new access to a service that is no longer substandard 0 0 0 0 0 0 D 0 0 0 ---------------------------------------------------------------------------------------- Yo- t-a-is : 0 0 0 fl -----------------------•- 0 •- 0 - - -- ----------------------- 1,2Q3 - -- - -- -------------------•----------------- 0 0 1,203 IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 9;55 Integrated Disbursement and information System PAGE: CDBG Performance Measures Report Program Year DELRAY BEACH,FL Public Services (continued) Create Suitable Living Provide Decent Housing Create Economic Opportunities Total - - - - -- Access - -- ------- Afford -- ----------------------------------------------- Sustain Access Afford - ------------------ Sustain ------------------------ Access Afford Sustain - - - - -- - . ------------------- ------------------- Number of Households Assisted with new (or continuing) access to a service 0 0 0 0 0 0 0 0 0 0 with improved (or continuing) access to a service 0 0 a 0 a 0 0 0 0 0 with new access to a service that is no longer substandard 0 0 0 0 0 a 0 0 0 D Totals : 0 0 0 0 D 0 0 D 6 0 Economic Development Create Suitable Living Provide Decent Housing Create Economic Opportunities Total ------------ ------------------------------------------- Access Afford ------------------------------------------------------------------ Sustain Access Afford ------- ------------------- Sustain Access -------- -- -------------- Afford Sustain - - - - -- ------------------------------------- ------ - - - - -- Total Number of Businesses Assisted D o 0 0 0 0 0 0 0 a Of Total New businesses assisted a 0 0 0 0 0 0 0 D 0 Existing businesses assisted 0 0 0 0 0 0 0 0 0 0 Number of business facades /buildings rehabilitated 0 0 0 0 0 a a o o a Assisted businesses that provide a good or service to service area/neighborhood /community 0 0 0 0 D D o 0 0 0 Total Number of Jobs Created 0 0 0 0 0 0 0 0 0 0 Types of Jabs Created Officials and Managers 0 0 0 0 o a 0 0 0 0 IDIS - PR83 U.S. Department of Housing and Urban Development -19-13 11 Office of Community Planning and Development TIME: 9 :55 Integrated Disbursement and Information System PAGE: 3 CDBG Performance Measures Report Program Year DELRAY BLACH,FL Economic Development (continued) Create Suitable Living Provide Decent Housing Create Economic Opportunities Total --------------------- ---- ---------------------- Access -- ---------------- Afford --- - - - - Sustain Access Afford -- -------------------------------------------------------------------------------------------------------------------- Sustain Access Afford Sustain --------- ------------------- Professional 0 0 0 0 0 0 0 0 0 0 Technicians 0 0 0 0 0 0 0 0 0 0 sales 0 0 0 0 D 0 0 0 0 0 Office and Clerical 0 0 0 0 0 0 0 0 0 0 Craft Workers (skilled) 0 0 0 0 0 0 0 0 0 0 Operatives (semi - skilled) 0 0 0 0 D D 0 0 0 0 Laborers (unskilled) 0 0 0 0 0 0 0 0 0 0 Service Workers 0 0 0 0 0 0 0 0 D 0 Of jobs created, number with employer sponsored health care benefits 0 0 0 0 0 0 D 0 0 0 Number unemployed prior to taking jobs 0 0 0 0 0 0 0 0 0 0 Total Number of Jobs Retained 0 0 0 0 0 0 0 0 D 0 Types of Jobs Retained Officials and Managers 0 0 0 0 D 0 0 0 0 0 Professional 0 0 0 0 0 0 0 0 0 0 IDIS - PR83 U.S. Department cf Housing and Urban Development DATE: Office of Community Planning and Development TIME: Integrated Disbursement and Information System PAGE: CDBG Performance Measures Report Program Year DELRAY BEACH,FL Economic Development (continued) Create Suitable Living Provide Decent Housing Create Economic Opportunities - - - - -- Access - . Afford ----------------------- Sustain Access Afford ----------- ------------ - - - - -- ----------------------------- Sustain Access ------------ ------------- Afford Sustain - - - - -- -----._.. .......... ------------------- --- -------- •------------- Technicians 0 0 0 0 0 0 0 0 0 Sales D 0 0 0 D 0 0 0 0 Office and Clerical 0 D 0 0 0 0 0 0 0 Craft Workers (skilled) 0 0 0 0 D 0 0 0 0 Operatives (semi - skilled) 0 0 0 0 0 0 0 0 0 Laborers (unskilled) 0 0 0 0 0 0 D 0 0 Service Workers 0 0 0 0 0 0 0 0 0 Of jobs retained, number with employer sponsored health care benefits 0 0 --- ---------------------- 0 0 0 - - - - -- ----------------------------------------------------------------------------- 0 0 0 --- ----------- --------------- D - - -- ----------- - -------- --------------------------------- Acres of Brownfields Remediated 0 0 0 0 0 0 0 0 0 11 -19 -13 9:55 9 Total 0 0 0 0 0 0 0 0 0 INTENTIONALLY IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 9:57 Integrated D3 sbursement and Information System PAGE: 1 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Rehabilitation of Rental Housing Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford ---------- -------------- --------------- - - - - -- ------- ----------------------------------- Sustain Access Afford --------- ----------------------------------------------- Sustain Access ------------- Afford Sustain --------------- - - - - -- ---------------- - - - - -- ------------ ----- --- ----------- Total LMH* units 0 0 0 0 0 0 a 0 0 0 Total SB *, URG units 0 0 0 0 0 0 0 0 0 0 Of Total, Number of Units Made 504 accessible 0 0 0 0 0 0 0 0 0 0 Brought from substandard to standard condition 0 0 6 0 0 0 0 0 0 0 Created through conversion of non- residential to residential buildings 0 0 0 0 0 0 0 0 0 0 Qualified as Energy Star 0 0 D 0 0 0 0 0 0 0 Brought to lead safety compliance 0 0 0 0 0 0 0 0 0 0 Affordable 0 0 0 0 0 fl 0 0 0 0 Of Affordable Units Number subsidized by another federal, state, local program 0 0 0 0 0 0 0 0 0 0 Number occupied by elderly 0 0 0 0 0 0 fl 0 0 0 Number of years of affordability 0 0 0 0 0 0 0 0 0 0 Average number of years of affordability per unit 0 0 0 0 0 0 0 0 0 0 Number designated for persons with HIV/AIDS 0 0 0 0 0 0 0 0 0 0 IDIS - PR83 U.S. Department of Housing and Urban Development DATE: I1 -19 -13 Office of Community Planning and Development TIME: 9:57 Integrated Disbursement and Information System PAGE: 2 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Rehabilitation of Rental Housing (continued) Create Suitable. Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford .------------------------- Sustain Access ---------------------- Afford Sustain -.. ------------------------------------- ....... -------------- ---------------------- --------- ------------------------------------ Of those, number for the chronically homeless -........ ----------------------------------------------- 0 0 0 0 0 0 a 0 0 0 Number of permanent housing units for homeless persons and families 0 0 0 0 0 0 0 0 0 0 Of those, number for the chronically homeless 0 ----------------------------------------- ----------------------------------------- 0 0 0 0 - - - - -- -------- -------------------------------- - - - - -- 0 ----------------- 0 - - - - -- -------------------- o a -------------------------- a Construction of Rental Housing Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access ------------------------------------------------- •------------- Afford -- -- ------- -- Sustain Access Afford - -- --- - - - - -- ........... ------------------------------------ Sustain Access ---------.--•- Afford Sustain ------------------------- - -.... Totaf LMH* units 0 a 0 a o 0 0 0 0 0 Total SB *, URG units a 0 0 0 a 0 0 0 0 0 Of Total, Number of 504 accessible units 0 0 0 0 0 0 0 0 a 0 Units qualified as Energy Star 0 0 0 0 0 0 0 0 0 0 Affordable units 0 0 0 0 0 0 0. 0 0 0 Of Affordable Units Number occupied by elderly 0 0 0 o a a 0 0 o a Years of affordability a 0 0 0 0 0 0 0 0 0 Average number of years of affordability per unit 0 0 0 0 0 0 0 0 0 0 IDIS - PR83 Construction of Rental Housing (continued) U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 9:57 Integrated Disbursement and Information System PAGE: 3 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford Sustain Access Afford Sustain Access Afford Sustain ------------------ - - - - -- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Number subsidized with project based rental assistance by another federal, state, or local program 0 0 0 0 0 0 0 0 0 0 Number designated for persons with HIV/AIDS 0 0 0 0 0 0 0 0 0 0 Of those, the number for the chronically homeless 0 0 0 0 0 0 0 0 0 0 Number of permanent housing units for homeless persons and families 0 0 0 0 0 0 0 0 0 0 Of those, the number for the chronically homeless 0 0 ------------------------------------------------------------------------------------------------------------ 0 0 ------- ............... 0 --..------...............--------------------------------------------------- 0 0 0 ---- 0 -- ---------------- 0 --- --- IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 10:00 Integrated D?sbursement and Information System PAGE: 1 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Owner Occupied Housing Rehabilitation Create Suitable Living Provide Decent Housing Create Economic Opportunities Total -------- Access ---- Afford ..------------------------------------------------------------------------------------------ Sustain Access Afford Sustain Access .----------------------------------------------- Afford Sustain .......... .------------ ---------------------------------------------------- Total LMH* units 0 0 8 0 fl 0 0 0 0 8 Total SB *, URG units 0 0 0 0 0 0 0 0 0 0 Of Total, Number of Units Occupied by elderly 0 0 3 0 0 0 0 0 0 3 Brought from substandard to standard condition 0 0 4 0 0 0 0 0 0 4 Qualified as Energy Star fl o a 0 o fl o a a o Brought to lead safety compliance o a 1 0 0 o a o a 1 Made accessible --------------------------------------- - ------ ---------------------------- a 0 - - - - -- ----------------------------------------------- 0 0 0 - - - - -- ----------------------------------- a 0 ............ 0 --- ----------------------------------- 0 fl ......... . Homebuyer Assistance Create Suitable Living Provide Decent Housing Create Economic Opportunities Total - - - - - -- ------•---------------- ------------ - - - - -- Access ......---------------- Afford ----- Sustain --------=--------- Access - --- -- Afford ------------------------------------------.......--------------- Sustain Access Afford Sustain ----------- -------- - - - - -- ........ -------------- ----------- Total Households Assisted 0 a 0 0 0 0 0 0 0 D Of Total: Number of first -time homebuyers 0 0 0 0 0 0 0 0 0 0 Of those, number receiving housing counseling 0 0 0 fl 0 0 0 0 0 0 Number of households receiving downpayment/closing costs assistance --------------------------------------- ------------------------------------------------ 0 0 0 ------------- 0 --- ---------------- 0 - - - - -- ------------------------------------------------------------------------ 0 0 0 0 --- ---------------- 0 - - - - -- IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 10:00 Integrated Disbursement and Information System PAGE: 2 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Development of Homeowner Housing Create Suitable Living Provide Decent Housing Create Economic Opportunities Total - - -- --------------------------------------------------- ------------- Access Afford ------------------- Sustain Access Afford ------------- -- ---------------------------------------------------------- Sustain Access ............. ..------------------------------------------------------- Afford Sustain Total LMH* units 0 0 0 0 0 0 0 0 0 0 Total SB *, URG units 0 0 0 0 0 0 0 0 0 0 Of Total, Number of Affordable units 0 0 0 0 0 0 0 0 0 0 Years of affordability 0 0 0 0 0 0 0 0 0 0 Average number of years of affordability per unit 0 0 0 0 0 0 0 0 0 0 Units qualified as Energy Star 0 0 0 0 0 0 0 0 0 0 504 accessible units 0 0 0 0 0 0 0 0 0 0 Units occupied by households previously iiv €ng in subsidized housing 0 0 0 0 0 0 0 0 0 0 Of Affordable Units Number occupied by elderly 0 0 0 0 0 0 0 0 0 0 Number designated for persons with HIVJAIDS 0 0 0 0 0 0 0 0 0 0 Of those, number for the chronically homeless 0 0 0 0 0 0 a 0 0 0 Number of housing units for homeless persons and families 0 0 0 0 0 0 0 0 0 0 Of those, number for the chronically homeless ----------------- --------------------------------------------------------------------------------- 0 0 0 0 0 ------- ------•--------------------------- ----- --------- D --- ---------- 0 - - - - -- 0 .-....------------------------------------------ 0 0 IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 10:00 Integrated Disbursement and Information System PAGE: 3 CDBG Performance Measures Report Program Year DELRAY BEACH,FL Housing Subsidies Create Su €table Living Provide Decent Housing Create Economic Opportunities Total Access Afford --------------------------------- -------------------------------------- -- ----- Sustain Access Afford ------- -- ----------- -------------------------------- Sustain -- -------------- Access --- --- - -- - -- Afford Sustain --..... ...---------- --- -- -- ----------- -------- - - - - -- Total Number of Households 0 0 0 0 0 0 0 0 0 d Of Total: Number of households receiving short -term rental assistance (< = 3 months) 0 0 0 0 0 0 0 0 0 0 Number of households assisted that were previously homeless 0 0 0 0 0 0 0 0 0 0 Of those, number of chronically homeless households 0 0 -------------------------------------- - -------- - -------------- ---------------------- - - 0 0 0 - - -- --------- ---------------------------------------------------- 0 0 --------------- -- ----------------- 0 - - - - -- ......... 0 .---------------------- 0 Shelter for Homeless Persons Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford --------- --- ----------- -------------- Sustain Access Afford --- ------- ----------------- --------------- --------- Sustain - - -- --- Access Afford Sustain -------------------------- --- ------ ----- ----- --- --- - - - - -- Number of beds created in overnight shelter /other emergency housing 0 0 0 0 0 0 0 0 0 0 Number of homeless persons given overnight shelter 0 0 ------ - - - - -- ------------------------ - - --- - - - - -- ------------------------------------ 0 0 0 - ------------------------------------------ - - - - -- ---------- 0 - - - - -- 0 ---------------------------- 0 - - - - -- ----------------------------------- a 0 Homeless Prevention Create Suitable Living Provide Decent Housing Create Economic Opportunities Total Access Afford -------------- --------•------- - - - - -- ._........._. - - -- ---- ------- --------------- Sustain Access Afford ------------------------------------------------- ............. Sustain ---------------- Access --------------- Afford Sustain - - - - -- --......---------------------------- Number of Persons Assisted that received emergency financial assistance to prevent homelessness 0 0 0 0 0 0 0 0 0 o that received emergency legal assistance to prevent homelessness 0 0 ----------------------------------------------------- -------------------------------------------------- 0 0 0 ------------------------ --------•---------------- 0 0 - - - - -- .......... 0 .-• ------------------------------------- 0 0 ...... INTENTIONALLY I Ed a m 1 IDIS - PR84 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 10:02 Integrated Disbursement and Information System PAGE: 1 CDBG Strategy Area, CFDI, and Local Target Area Report DELRAY BEACH,FL Program Year 2012 Local Target area Name CDBG TARGET AREA - Type: Housing Total Number of new businesses assisted 0 Number of existing businesses assisted 0 Number of jobs created or retained in area 0 Amount of funds leveraged 0 Number of LMI persons assisted By direct benefit activities 989 By area benefit activities 9,808 Number of LMI households assisted 8 Number of acres of brownfields remediated 0 Number with new access to public faci I ities/i m prove ments 0 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 Optional indicators Crime rates reduced 0 Property values increased 0 % Housing code violations reduced 0 Business occupancy rates increased 0 Employment rates increased 0 Homeownership rates increased 0 Totals for all Local Target areas Number of new businesses assisted 0 Number of existing businesses assisted 0 Number of jobs created or retained in area 0 Amount of funds leveraged 0 Number of LMT persons assisted By direct benefit activities 989 By area benefit activities 9,808 Number of LMI households assisted 8 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 0 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 IRIS - PR84 U.S. Department of Housing and Urban Development DATE: 11 -19 -13 Office of Community Planning and Development TIME: 10:02 Integrated Disbursement and Information System PAGE: 2 CDBG Strategy Area, CFDI, and Local Target Area Report DELRAY BEACH,FL Program Year 2012 Totals for all Areas Number of new businesses assisted 0 Number of existing businesses assisted 0 Number of jobs created or retained in area 0 Amount of funds leveraged 0 Number of LMI persons assisted By direct benefit activities 989 By area benefit activities 9,808 Number of LMI households assisted 8 Number of acres of brownfields remediated 0 Number with new access to public facilities/ improvements 0 Number of business facades /buildings rehabilitated 0 Slum/blight demolition 0 INTENTIONALLY • 1 IDIS - PR85 U.S. Department of Housing and Urban Development Date: 11 -19 -13 Office of Community Planning and Development Tme: 10:04 Integrated Disbursement and Information System Page: 1 Rental , Hcmebuyer , Homeowner Rehab, TBRA Housing Performance Report - DELRAY BEACH , FL Program Rental Homebuyer , Homeowner Rehab, TBRA Date Range 09/30/2013 # of Total Units Of the Total Units, Outcomes Brought to Property the # occupied by Objectives Availability / Accessibility Affordability Sustainability Total by Objective Standard Households <= 80% AMI Units $ Units $ Units $ Units $ Units $ Units $ Suitable Living 0 0.00 0 0.00 7 159,865.50 7 159,865.50 4 * ** 7 * ** Decent Housing 0 0100 0 0.00 0 0.00 0 0.00 0 0.00 0 0,00 Economic Opportunity 0 0100 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Total by Outcome 0 0.00 0 0.00 7 159,865.50 7 159,865.50 4 * ** 7 159,865.50 INTENTIONALLY LEFT BLANK 0 A Actual Units Accampi. Type: : I P Proposed Units A Accompl. Type' v Actual units Fund Source: P Proposed Amt. . .$:- '1.04;720 .:; . Fund Source: 'w Axtual ArnounLL $ $ 99,246 Fund Source: •'r F Fund Source: w,. Accompl. Type: : . .Proposed: Units A Accompl. Type •" ..._.. _... _.: A AAwi Units.- . ... . ... Accompl. Type: o P Pra aced- -Units A Accompi.TyPe: -- - A Actual:Units- , Fund 5ource: 7 P Proposed Amt. $ $ 32,628 F Fund Source: I Actual Amount $ $ 72,592 Fund Source_ F Fund Source: �. Accompl. Type: '�: P Proposed Units A Accompl. Type:_ Actual Units - Accompl. Type: '', P Pro used Units A A[mmpl. iype: Actual Units Fund Source: "! P Proposed Amt. . ... F Fund Source: Y. Actual Amount Fund Source: P Pro os2d AEC F Fund Source!' ActualAmount Ae[ompLTypa: I P Proposea'.Units A AccomPLType: .. ....�__ _..;.- A Actuafunit § Admin, 1 1 Units sed Amt [Amount sed Amt. Amount seWUnits- Units: sed Units FUna5 - -sed Amt. i Amount ,sed Amt. I Amount ,sed Units I Units rsed Units I Units ised;Amt;. I: Amount ised-Amt. d'Ampunt .. ised'Unrts ,I':Units )sed' Units df units osed Amt. d Amount 3sed Amt. it Amount osed Units ri Units )sed Units' it Units CPMP a Grantee Name: City of Delray $each Project Name: Sin ie Family Owner-Occu iedHousin- Rahabi litation - - liesariptionr xois. pro "ecY #:: Code: FL120732- DELRAY'SEACI F6rgNable loans. are provided. to Idw- mpHereto income, owner-occupied - households :. td: maintain their properties Ina - decent,.sare, and santtary.; condition; .Funds are-provided as a deferred, no-ipterestforelvable loan. Amounts are limited W . $37y OOO.per unit (suojectto.cbange; per program- guidelines). -Funds are provided: for rehabilitation administration (Housing Rehab Specialist and Hcus mg: Rehab.. Inspector).. Location:.. ..: =. :.. " -Priori 'Need. Category `- .. ..: CDBG Target Area :. :. 9CiBCt One. '- Owner Occupied Housing Explanation. Expected. Coro letion Date: -. Conserve the existing.affordable housing stock. ._ - .. _ 9/3 - .. Q caw Qr. Decent Housing Q Suitable Living Environment Q EcanomIC Opportunity Specific 06'ectives - .Outcome -Cate ones . © Availability /ACCesslhi €ity ❑. Affordability -.. - '❑'.:. sustalnability .. - Im ro a the qUdl!Ly of owner housingi + � 2 .i3 v;. . W m 7, N W 10 Housing Units + Proposed -. :!.. Accompi. Type: y - Proposed - ... :.. - Underway.: - -- - -- - Underway- Complete..: :.. Complete. -. Aaompl. TYpe: : +' Proposed - Accompi, Typo: . +.. Proposed:: Underway Underway - Complete Complete - Auompl. Type: - v Proposed Accompl. Yype: I + Proposed -: :: Underway - ... .....:. .....:.. .Underway - .. Complete',.- .. - Complete .. . :. Proposed Outcome I Performance Measure AcEuai Outcome Preservation of affordable. housing units INumber of housing units irnproved 14A Rehab; Single -Unit Residendai 570.202 + 14H Rehabilitation Admin[stratlon 570.202 + . Ma Mx Codes v Matrix Codes - + Marrlx Codes ' Matr[x Codes Y v } M 01 CO CD3G r Proposed Amt. $ 332,980 CD9G _ yr Proposed Amt. FYI()-I! Actual Amount $ 174,976 HR Admin Actual Amount $ 180,355 Fund Saurre: �.+ Proposed Amt. Fund Source: ` v Proposed Amt. Actual Amount Actual Amount 10 Housing Units +. V - -'� -- "- -' - proposed Units 15 Accompl. Type: � � - W - - - -- Proposed Units Actual Units 9 Actual Units A¢ampi. Type: + Proposed Units Accompl. Type: + Proposed Units Actual Units Actual Units . ry v, N } .. Fund Source: F(1-12 Proposed Amt. -, $ - 265,351 �... Fund Source: �', + Proposed Amt. Actual Amount .5 .::705,83fi '': -. -'HR Aamin� ActualAmeunt Fund Saurre; v opo'2 Alnt. Fund Source: �' Proposed =1 _ - - -- 2 tual Arriaunt Aotual'Amt Accompl. T�pe +. proposed.'Units -' 15 Accompl. Type: ;+ Proposed Units ..- .. Actual Units- - - 12 - :'- Actual Units + . —.: Proposed: Units Arcomoh Type: :Pro osed -Units : �:. ...'. Actual Units Actual- Units. ..... M Y Q C Fund Source'. FY12 -13 Proposed Amt. Actual Amount $ 266,854 $ 146,727 Fund Source: J -'" HR Admin - Proposed Amt: Actual Amount Fund Source; `�' - Proposed Amt. Fund Source: - `r' i Proped Amt. os Actual Amount Actual Amount Accompl. Type: '': + i ...._...._- ._-- .,.- .._..— Proposed Units 10 A[mmpi. Type: . + _ -.__ —. Proposed Units Actual Units 7 Actual Units Accompi. Yype: ', Proposed Units Accompi. Type: -r Proposed Units Actual Units Actual Units - _ .:�. :.�. -� 41 - > -: -_A :a Fund Source: Pro osed'Amt -- '... _:;; '. '- %. -:- -' :..'. Fund Saurre. + , P 'ifer posed :Amt ...... ' ' - -- A'etual Amount `... -.i ,..r::. .;:'�ACtPal AtnoUnt Fund Source: + Pro osed "Amt FUnd Source: •r :Pro osed:Rmt '. ActuaiAmnant I:; ....::.. - ...:;:. ti; Aatual:.Ainount -.. Accompl. Type: V. .Pre osed; Units - Accompl. Type. � 7 -:- Proposed :?U "errs Actua] Unitsl�= 'Act ual: Units Acrompl Type: i + ... ... ...c proposed Units A¢omPl -TYpe . -" ,, ,. Proposed Units. Actual.Units >':..:: Actual!Units: :.:.�• -. Ln m , E M A OL. Fund Source: + Proposed Aint Fund Source: L V Pro osed Amt. - Actual Amount Actual Amount Fund $oume; f proposed Amt. Fund Source: proposed Amt. I Actual Amount Actual Amount Acc . Type: : + Proposed Units AeramP1. Type: + Proposed Units Actual Units Actual Units Ac[omph Yype: +. Proposed Units A¢ompl. Type: +. Proposed Units Actual Units —L Actual Units Rehab 1 CPMP 7.R " CPMR V 2.a Name:, City of Delray. Beach. � - - ' Project Name: Community. Child. Care Center dba`Achievementt Centers forChlldren & Families Description: IDES Project #. UOG Cade: ,. FL120732. DELRAY'BEACH These funds will be used For program management, coordination;, monitoring ,: and'.evaluation -of the CDBG- program in 2012 -13 and the overall administration.: of the Neighborhood Services- DEvrsion. Locat;ga; - -- Priority Need 'Category .. CDBG Target Area .. - .. - Select Public Services - Explanation:::..: -. ;. ........__,. :.. Expected Completion Da te: The . objective "o€ the current five -year period isto'. improve and expand public service that address senior. services, crime prevention, child care >'yauth se ry ices, fair housing - counseling; recreational services, tenant/landlord counseling and employment training. g�3 Q Decent Housing © Suitable Living Environment Emnamic0ppormity SPecific�06jectives Outcome Categories' - ❑Availabd4jAccessibility -: El Affordability , ❑ SUstarawity >.1 improve the services for low/mod income persons z v V) .. - h aL. u -U 01 People Proposed 700 - :' 01 People ': v Proposed - - Undemay'r -. - Underway Complete - -- -1035 Complete 91 People v I' Proposed 700. 01 People Yr Proposed . Underway - '.,. :. . :. Underway complete 1054 Complete : 01 People v Proposed 700 Accompl. Type: v Proposed': - - :. . -.: . : :.... '.. : -.. Underway: .. - . - - <: .... ....... complete.. _..:: 1030 Complete `: Pro osed Outcome Performance Measure' Actual Outcome Provide childcare, afterschocE care and Number: of fow- income chiliiron" served OR Child Care Services 579.291(e) v it Matdx Codes Matrix Codes `►' matrix Codes v Matrx Codes ! v f MatrLe Codes v i � a i71 0 0. CDBG _',. ®,i Proposed Amt. Actual Amount $ $ 80,606 80,000 Fund Source; ! Proposed Amt. Actual Amount Fund, Source: r Proposed Amt. Fund Source: LJ Proposed Amt. Actual Amount Actual Amount 01 People ' er �I Proposed Units 760 AccemPl. Type: '. Proposed Units Actual Units 1036 Actual Units AccompE. Type: v ... . ........._.ei_ Proposed Units Accompl. Type:. v .-,_., ._...._._...__... Proposed Units Actual Units Actual Units r4 ? M ` m CDBG - -- - - - - -- ProPosed`Amt .$ x'''12,540 - - . - -. :.. - ;.: ..'.. :. _ Fund Source: Pmposed Amt: Actual!Amount $ ' -- -72540 ._.: - - Actual`Amount - Fund Source: w Proposed'- -'Amt. Fund Eau= v Pro osed'Amt Actual Amount :- ' '. -. - Actual Amount Ol People - ' 700 Accompl. Type 7. A-rgPOSed: :Units �""` "'" _. Actual Units - .. : :;' 1054 ... Actual Units' Accompl. Type: iv Proposed Unitas " Ac[ampl. TYPe: : - :.: :.: " proposed Units .•. Actual :Units. - .. :' Actual Units. ty nl m i....,_. O a CDBG PTO osed Amt. $ 55,970 Fund Source: v Proposed Amt. Actual Amount $ 55,470 Actual Amount Fund Source_ i 7 Proposed Amt. Fund Seurce• ► Proposed Amt. Actual Ameun{ gctuai Amount Ol People v --- - - - - -- Pro osed Units 700 AccompL Type: Y Proposed Units Actual Units 1030' Actual Units AcmmPl. Type: ', v Proposed Units Accompl. Type: l� Proposed Units Actual units Actual Units i M m Fund Source: �Pro osed'Amt. ` -: - ..'. ':1 Fund Source: ',.v Pro osed Amt - ACtuat :Amount. Actual = Ainount - Fund Source: v _� __ - .Pro sed'Anrt.. - Fund Source: v Rre sed Amt Acival.Amount AotnalAmount Accompl. Type: v Proposed -Units - Accompl. Type: v Pro osgd: Units its: - Actual Units - Units:Accompl. Type: I� ��: Pro osed Units nits' - Actual'Uns! f Ur a it Fund Source: 'r ► Amt. Fund Source Pro osed Amt. mount Actual Amount Fund Source: •,v. Amt. Fund Source: '� Proposed Amt. mount Actual Amount Accompl. Type: Proposed Units Accompl. Type: :.r Pra osed Units Actual Units Actual Units Accompl. Type: '',,v Proposed Units AccomPl TYAe� � v_ Praposek Units Actual Units Actual Units Public Sery (CCCC) 1 CPMP UMP V m' Zu Grantee Name: City of Delray reach . Project Name' - Fair Housiriq Center: of the :G seater Pa[m Beaches Inc... - - - Description :...: mi5'Project.# :.. �- UOGLCodee" FLi20732.DELi2AYBEACH _ These. funds will be used fez program management, - coordination;: - monitoring.,; and evaluation. of the COEG program: in -. 2012 -13 and the vveial.l administration of the Neigborhdod $ evces Dwis Priority Need Category City -wlda - - - - .. Select one. Public Services Expianationi-. Expected Completion Date: The objective, of the current five-year period 1s to improve and. expand public. selrvices.t}rat..addresssenior services, crime prevention, child care, youth services, fair housing counseling, recreational services, terant/landlord counseling, and employment training. 9/3 Q Decent He Q Sultable Living Environment , Q Emnomi[ opportunity -- Specific objectives Outcome: Categories - ' Q Availability/Accesslbilily Q „ Affordability - Q SusWnabillty. - -i. Improve access to affordable rental housing. v -..: 2 Improve access to affordable owner housing - Improve access to afrordable owner housing for minorities v . - w `� m_ ..y Q . V. 01 People v Proposed 30, ;. ;; Accompl. Type: - + Proposed Underway Underway - Complete - - -- 69 Complete.: 01 People - .+ Proposed -- 30 Accompl. Type: :+ Proposed .. - Underway. -.. - - -- :. .!...'.... . Underway -. Complete 56 Complete 01 People - s Proposed ' ' 30 Accompl. Type: + Proposed ... Underway L Underway - C.inplate. 1173 Icomplete Proposed Ou #come I Performance Measure Actual Outcome Fair housing education:and. outreach sessions Number of people attending sessions 057 Fair Housing Activities (if CDBG, then subject to 570.201(ej.+ Matrix Codes + Matrix Codes � + Matrix Codes II v Matrix Codes : + Matrix Codes v ,y �. W E M 01 O W Cl + Proposed Amt. $ 8,000 Fund Source: :.'V Proposed Amt. Actual Amount $ 8,000 Amount Fund Source: Proposed Amt. Fund Source: '+ ed Amt. �Acltua�l _ Actual Amount Amount 01 A eope ti Proposed Units 30 A[Campl. Type: - I.Pr Units Actual Units 69 Actual Units Accampf. Type: v Proposed Units Accompi. Type: v Proposed Units Actual Units ” Actual Units N, r:. �... tr' } a - m8G v Prop osed -Amt -' -_ 6,000 - `. =! ". -. 1. Fund Source: v Proposed Aiil ........ Actuah.Amouirt I - ..6,000 -..� Actual. Amount "...`. Funtl 5ouree i,+ Pro osed`Amt, Fund Source: '..+ Prop" d .:.ActualAmount - ActuaCAm4utrt - 01People lv Pro oseeVnits 30 Aorompl. Type iW Pro osed Units . ... Actual Units:.:. ...: 56 -. - -,::._ Actual Units. -. Accompl. Type: -v '. Pro osed.:Units AaamPl. Type: '.v .- - Proposed Units Actual'Units- -. Actual Units YFund to Ui 0 C6 - a CcgG + k Proposed Amt. S 5,000 <t =.-' r:; .,:. Fund 5ouroe: '..� Proposed Al Actual Amount $ 6,000 Actual Amount Source_. - 01 People + Pra osed Amt. Fund Source- ..+ Proposed Amt. Actual Amount Proposed Units Actual Units 30 173 Accompl. Type: + Accompl. Type_v Fund Source 'T - :- =Actual Fund Source I +, Actual Amount Proposed Units Actual Units proposed Units Actual Units 'Pro ose0.'Amt; ' :Amount Pro osedAmt [Actual ArupLnt ";.. -. "... -- . Accompl. Type: v Pra osed Units Fund Source: I,+ Actual Units 'Pra osed!Amt Actual:'AFnount :; source + 'Ara osed'Amt• ActuahAmaunt Accompl. Type: �i+ 'Pra osed - 'Units Accompl. Type: Proposed: Units Actual. Units. -. ...:..: ., '. .:..:. A'ctual'Unii4:. .... -. - Accompl Type: + Proposed Units Accompl. Type: pro osed'Units Actual units:: Actual'Units: N ti N E fh O i a Fund Source: : + - - " Proposed Amt. Fund Source:.w Proposed Amt. Actual Amount Actual Amount Fund Source: "�' Proposed Amt. Fund Source: 'i. v Pro osed Amt. Actual Amount Actual Amount Accompl. 7ype: + -�� Proposed Units Accompl. Type: I'v Proposed Units Actual Units Actual Units A[cnmpl. Type: Proposed Units Ac[ompl. Type: 'W Proposed Units - Actual Units Actual Units Public Sery (FH) 1 CPMP Section 3 Summary Report Economic Opportunities for Low — and Very Low- Income Persons Section back of page for Public Reporting Burden statement U.S. Department of Housing and Urban Development Office of Fair Housing And Equal Opportunity OMB Approval No: 2529 -0043 (exp. 11/3012010) HUD Field office: 1. Recipient Name & Address: (street, city, state, zip) City of Delray Beach Community Improvement Department 100 NW 1st Avenue Delray Beach, FL 33444 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person P. Nigel Roberts, Administrator 5. Phone: (Include area code) 561 - 243 -7282 6. Length of Grant: 10/2012 - 91201 3 7. Reporting Period: September, 2013 13. We Report Submitted: 9. Program Code: (Use separate sheet for each program code) 0 10. Program Name: Neighborhood Stabilization Program Part I: Employment and Training Columns B, C and F are manda ory fields. Include New Hires in F &F A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals 0 Technicians 0 OffieelClerical Construction by Trade (List) Trade Trade Trade Trade Trade Other List . General Contractor 0 0 0 20 0 Tot@ l , Program Codes 1 = Flexible Subsidy 2 = Section 2021511 3 = Public /Indian Housing A = Development, S = operation C = Modernization 4 - Homeless Assistance 8 = CDBG State Administered 5 = HOME 9 = Other CD Programs 6 = HOME State Administered 10 = Other Housing Programs 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (612001) Ref 24 CFR 135 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ 1577743.00 B. Total dollar amount of contracts awarded to Section 3 businesses $ 25,935 C. Percentage of the total dollar amount that was awarded to Section 3 businesses 16.45 % D. Total number of Section 3 businesses receiving contracts 1 2. Non - Construction Contracts: A. Total dollar amount all non - construction contracts awarded on the project/activity $ O B. Total dollar amount of non - construction contracts awarded to Section 3 businesses $ O C. Percentage of the total dollar amount that was awarded to Section 3 businesses 0 % D. Total number of Section 3 businesses receiving non - construction contracts 0 Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low- income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site, X contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self - monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A -108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included, Page 2 of 2 form HUD 60002 (110010) Rof 24 CFR 135 Form HUD- 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low - Income Persons, Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low- income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead -based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $900,000 awarded in connection with the Section -3- covered activity. Form HUD -60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employmentitraining goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part I I of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low- income persons.' A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name . 1. Recipient: Enter the name and address of the recipient submitting this report. 2, Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award; Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the some time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PI-AsIIHi are to report all contracts /subcontracts. * The terms "low-income persons' and very low- income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low - income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that 8. Program Code; Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractors or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new ]tire refers to a Section 3 resident who Is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award, Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award, Include staff hours for part time and full -time positions. Column F: (Mandatory Fie3df Enter the number of Section 3 residents that were trained in connection with this award. Part If: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectlprogra m. Item B; Enter the total dollar amount of contracts connected with this projectlprogram that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this projectlprogram awarded to Section 3 businesses. Item 0: Enter the number of Section 3 businesses receiving awards. Block 2: Non - Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts —Self - explanatory The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low- income families. Very low- incomo persons mean low- income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes Page i form HUD 50002 (1112010) Ref 24 CFR 135 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 ORDINANCE NO. 31-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to remove the restriction of selling alcoholic beverages on Sunday morning. BACKGROUND At the first reading on November 19, 2013, the Commission passed Ordinance No. 31 -13. RECOMMENDATION Recommend approval of Ordinance No. 31 -13 on second and final reading. ORDINANCE NO. 31 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION ", TO REMOVE THE RESTRICTION OF SELLING ALCOHOLIC BEVERAGES ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the ordinances of the City of Delray Beach currently prohibits the sale of alcoholic beverages within the City of Delray Beach between the hours of 2:00 a.m. to 12:01 p.m. on Sunday morning.; WHEREAS, this proposed ordinance would allow the sale of alcohol on Sunday morning; WHEREAS, the City Commission of the City of Delray Beach desires to eliminate the current restriction for the sale of alcohol on Sunday morning. 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 113, "Alcoholic Beverages ", of the Code of Ordinances is amended by amending Section 113.15, "Hours of Sale and Consumption; Exemption ", to read as follows: Sec. 113.15. HOURS OF SALE AND CONSUMPTION; EXEMPTION (A) Hours of Sale and Consumption. It shall be unlawful (except as provided in division (B) below) for any person to sell, serve, consume or deliver, or permit to be sold, consumed, served or delivered any alcoholic beverage containing over one percent of alcohol by weight in the City during the following hours: From late 1101 r an Stia ays -,-ana 2:00 a.m. to 7:00 a.m. on Mondays each day except e* on January 1 when the closing hour shall be extended to 4:00 a.m. However-, nothing pr-evided in this Seetion shall prevent aleahalie beverage, as defined in Fier-ida St4ute Chapter- 561, f+em being seld and eenstimed en the pr-emises ef an Aleekelie Bever-age Establishmen beginning at 7�00 a.m. an Sunday M—q- (B) Exemption for Serving and Consuming in Private homes. None of the above provisions shall apply to an individual serving and consuming (but not selling) any alcoholic beverage in his home after the closing hours established herein and during the hours set forth above. 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 , 2013.. ATTEST City Clerk First Readi Second Reading MAYOR ORD. NO. 31 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: November 13, 2013 Page I of I SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 31 -13 ITEM BEFORE COMMISSION The item before the Commission is Ordinance No. 31 -13 which amends Section 113.15 of the Code of Ordinances to allow for the sale of alcohol on Sunday mornings from 7:00 a.m. to 12:01 p.m. BACKGROUND At the November 5, 2013 Commission meeting, the City received an inquiry regarding its Sunday morning blue law and the possibility of allowing alcohol sales on Sunday morning. The consensus of the Commission was to allow the alcohol sales on Sunday morning. The current ordinance prohibits the sale of alcohol on Sunday morning from 7:00 a.m. to 12:01 p.m., the proposed ordinance removes this restriction. RECOMMENDATION Staff recommends approval of Ordinance No. 31 -13. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 7373 &MeetinglD=467 11/25/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM N.C. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 ORDINANCE NO. 32-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to provide for Charter revisions by amending Section 3.12, "Procedure ", to provide clarification regarding the voting procedure; providing for a referendum on March 11, 2014. BACKGROUND At the first reading on November 19, 2013, the Commission passed Ordinance No. 32 -13. RECOMMENDATION Recommend approval of Ordinance No. 32 -13 on second and final reading. ORDINANCE NO. 32 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE CLARIFICATION REGARDING THE VOTING PROCEDURE; PROVIDING FOR A REFERENDUM ON MARCH 11, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may, by ordinance, submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, the City Commission desires to clarify the voting procedure of the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach, be amended to read as follows: Sec. 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the commission. Whenever practicable, there shall be at least twelve (12) hours' notice of a special meeting to individual members of the Commission and to the public. (B) Rules. The commission shall determine its own rules and order of business. (C) Quorum and Noting. (1) A quorum for the transaction of business shall consist of three (3) members, but a smaller number may adjourn from time to time and ma,T�pel the attendance of absent members in the manner and subject to the penalties prescribed by the Rules of the Commission. Voting on ordinances, resolutions, and motions shall be as set forth i ..c `he C..f.f.issi .ft below and shall be recorded in the minutes.. `'tree 2` f...f., ers ..c `'te e..f.f.tsst effi -eefe o f fli f e z! e (3) Except as otherwise provided in the Charter, no action of the Commission shall be valid or binding unless adopted by the affirmative votes of at least three (3) members of the Commission, and, if any motion fails to achieve the affirmative vote of at least three (3) members of the Commission, then such motion shall be deemed to have failed and no action shall be taken by that motion. In the event that there are less than three (3) members of the Commission who are eligible to vote on a particular matter due to vacancy or required abstention pursuant to applicable state or county law, then the remaining member(s) of the Commission may vote and approve such mater b unanimous vote. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 11, 2014 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. 1 CHARTER AMENDMENT — VOTING PROCEDURE CHANGE THE CHARTER CURRENTLY REQUIRES THREE CONCURRING VOTES TO TAKE ACTION ON AN ITEM. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TAKE ACTION ON AN ITEM, EXCEPT IN THE EVENT THAT, BECAUSE OF A VACANCY OR REQUIRED VOTING ABSTENTION, THERE ARE LESS THAN THREE MEMBERS ELIGIBLE TO VOTE, IN WHICH CASE THE REMAINING MEMBER(S) MAY APPROVE THE ITEM BY UNANIMOUS VOTE. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. 2 ORD. NO. 32 -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 3 ORD. NO. 32 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: November 13, 2013 Page I of 2 SUBJECT: AGENDA ITEM ILB. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 32 -13 ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 32 -13 regarding Charter provisions pertaining to Commission voting. BACKGROUND The attached Ordinance No. 32 -13 is provided as a result of the direction given at the October 8, 2013 and November 12, 2013 City Commission workshop meetings wherein the Commission requested our office to review the City's Charter provision regarding voting and come back with some language to address what happens when there is a tie vote and then subsequently directed our office to move forward with the attached ordinance. We reviewed over fourteen (14) different charter provisions regarding voting from around Palm Beach and Broward counties and determined that cities generally handle voting in one of two ways: 1. They require the affirmative vote of a majority of those present and eligible to vote, or 2. They require the affirmative vote of three (3) members of the Commission. It appears that the majority of the smaller cities that we polled follow the version that only requires a majority of those members of the Commission present and voting, while the medium to larger sized cities tend to follow the version that requires the affirmative vote of three (3) members of the Commission to take action on an item. The ordinance mirrors the provision in the City of Weston charter, which requires the affirmative vote of three (3) members of the Commission unless there are less than three (3) members of the Commission who are eligible to vote on a particular matter due to vacancy or required abstention pursuant to Florida law, then the remaining members of the Commission may approve a matter by unanimous vote. This additional language regarding vacancies and voting conflicts appears to address all legal possibilities. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 7372 &MeetinglD=467 11/25/2013 Coversheet Page 2 of 2 Additionally, the ordinance provides that any motion that fails to achieve the required number of affirmative votes shall be deemed to have "failed and no action shall be taken by that motion ", which means that either a new motion can be made in the hopes of acquiring the requisite number of supportive votes or, if no new motion is made, then it shall be as if no action was taken at all. This language addresses any ambiguity regarding tie votes and also allows for the additional opportunity to take action on an item such as a rezoning without having to wait for six (6)+ months as would be required if a tie vote was considered to be a denial of the motion. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance No. 32 -13 on First Reading. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 7372 &MeetinglD=467 11/25/2013 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF DECEMBER 3, 2013 ORDINANCE NO. 33-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire ", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. BACKGROUND At the first reading on November 19, 2013, the Commission passed Ordinance No. 33 -13. RECOMMENDATION Recommend approval of Ordinance No. 33 -13 on second and final reading. ORDINANCE NO. 33 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL, REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 119, "Vehicles for Hire ", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Chapter 119, "Vehicles for Hire" shall be enacted to read: - - -- -- - - -- -- -- - - - - - -- - -- - - -- - - -- - I -- - -- - -- - - - - - - - -- - - - -- - - --- - - - - -- - - - - - -- -- - - -- - - IM - - - - -- -- - - -- -- - - -- -- -- - - - -- - - -- - -- - - - - - -- -- - - -- -- - - - -- - - - - -- -- -- - -- - - -- - - -- - - - - - - - - - -- - - - -- -- - - - - -- - - -- -- CHAPTER 119. —VEHICLES FOR HIRE. Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR HIRE ADOPTED BY REFERENCE. Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit "A ", are incorporated by reference within this chapter as if fully set forth herein. Section 2. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. 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 2 Ord. No. 33 -13 - - - -- - - -- - -- - - - -- -- - - - -- - - -- - -- - M-11111 CHAPTER 119. —VEHICLES FOR HIRE. Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR HIRE ADOPTED BY REFERENCE. Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit "A ", are incorporated by reference within this chapter as if fully set forth herein. Section 2. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. 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 2 Ord. No. 33 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: November 13, 2013 Page I of I SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF NOVEMBER 19, 2013 ORDINANCE NO. 33 -13 ITEM BEFORE COMMISSION The item before the City Commission is to adopt Ordinance No. 33 -13, amending the Code of Ordinances by repealing Chapter 119, "Vehicles For Hire" in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. BACKGROUND At the Workshop Meeting on November 12, 2013, the Commission discussed the proposed ordinance and gave direction to staff to move forward with the First Reading of the new ordinance, to provide for the adoption of Palm Beach County's "Vehicles for Hire" ordinance in its entirety. RECOMMENDATION Staff recommends approval of Ordinance No. 33 -13 on First Reading. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemfD= 7368 &MeetinglD=467 11/25/2013 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE ARTICLE IX. VEHICLES FOR HIRE L2 Sec, 19 -21'1. Short title; applicability. Sec. 19 -212, Authority, Sec, 19 -213, Definitions, Sec, 19 -214. Oomr)liance with article rewired. Sec. 19 -215, Advertising, Sec, 19 -216, Reserved, Sec, 19 -217, Reciprocity. Sao. 19 -213. Business permit application. Sec. 19 -219. Records rewired. Sao. 19 -220. Vehicle requirements. Sec. 19 -221. Vehicle decal requirements. Sao. 19 -222. 1 mnoundment. Sec. 19 -223. Vehicle safety and appearance requirements. Sec. 19 -224. Non - medical wheelchair and stretcher transportation service companies operational requirements. Sao. 19 -225. Vehicle inspections. Sec. 19 -226. Commercial automobile liability insurance. Sec. 19 -227. Driver requirements; failure to comply. Sec. 19 -226. Fraudulent transfer of vehicle for hire company. Sec. 19 -229. Revocation, suspension and denial of pemnits /LD, badges; administrative appeal. Sec. 19 -230, Enforcement, Sec, 19 -231, Violations, Sec, 19 -232. Appeals. Sec, 19 -233, Pees, Sec, 19 -234, Penalties, Sec, 19 -235, Mart -up. Sao. 19 -236. Repeal of lags in conflict. Sec. 19 -237. Savings clause. Sao. 19 -235, Jurisdiction, Palm Beach County, Florida, Code of Ordinances Page 1 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19 -211. Short title; applicability. (a) This article shall be known as the "Palm Beach County Vehicle for Hire Ordinance." (b) Unless a municipal exemption applies; the provisions of this article shall be applicable to the incorporated and unincorporated areas of the county. Unless otherwise provided, nothing in this article shall be construed to relieve any person from compliance with any applicable county or municipal regulations. Sec. 19-212. Authority. This article is adopted under the authority of F.S. ch. 125. Sec. 19-213. Definitions. The following words and phrases when used in this article shall have the meanings as set out herein: Advertising. The term "advertising" shall mean to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statements made in newspapers, telephone directories or other publications or on radio or television, any electronic medium, or contained in any notice, handbill, catalog, newsletter, poster, sign, flyer, business card or letter. Applicant. The term "applicant" shall mean any person who applies for a vehicle for hire business permit or driver's I.D. badge within Palm Beach County. In the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean any member of a partnership, each associate and the corporate officers and directors. Board. The term "board" shall mean the Palm Beach County Board of County Commissioners. Business permit. The term "business permit" shall mean the authority required by the provisions of this article to be obtained by any individual or vehicle for hire company not subject to reciprocity, to engage in vehicle for hire business in Palm Beach County. Compensation. The term "compensation" shall mean a return in money, property, or anything of value for the rendition of vehicle for hire service. Commercial business office. The term "commercial business office" shall mean the primary place of business where management and employees perform office work for a vehicle for hire company and which shall meet the following requirements: (a) Properly zoned; (b) Customer /employee parking; (c) Sufficient commercial vehicle parking; (d) Sanitary facilities /restrooms; (e) Dedicated wired phone line with a unique /dedicated number; (f) Identifying signage; and (g) Central dispatch. The address of the commercial business office must match the address on the local business tax receipt. Palm Beach County, Florida, Code of Ordinances Page 2 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE County permit. The term "county permit" shall mean the grant by Palm Beach County to operate one (1) vehicle for hire not subject to reciprocity, upon the streets of Palm Beach County. Division or DCA. The term "division" or "DCA" shall mean the Palm Beach County Division of Consumer Affairs. Driver. The term "driver" shall mean the individual who is driving or physically operating the taxicab, limousine, shuttle, or other passenger vehicle for hire and includes the term "chauffeur." Individual. The term "individual" includes a natural person, partnership, corporation, association, or any other legal entity. Limousine. The term "limousine" shall mean a chauffeur - driven motor vehicle, modified- for -the- purpose as a luxury stretch vehicle, regardless of length and which contains a fixed partition used to separate the driver and passenger seating areas. A limousine is prohibited from using a taximeter and toplight unless it is being used as a taxicab. Luxury sedan /SUV (sport utility vehicle). The term "luxury sedan" or "luxury SUV" shall mean a classification of motor vehicles that are designated by the manufacturer as a full size sedan /SUV that has at least four (4) doors; and has a rated seating capacity of one (1) to eight (8) passengers which has not been altered from the original manufacturer's specifications with respect to wheelbase or seating capacity, and does not have a partition or other device used to separate the driver and passenger seating areas, and is recognized by the industry and the division of consumer affairs as a "luxury" vehicle, such as a Cadillac, Lincoln, Mercedes -Benz or other similar top -of- the -line luxury sedans or SUVs. Manifest. The term "manifest" shall mean written or electronic /digital documentation prepared by the vehicle for hire business providing individual trip logs for each pickup /drop -off of passengers that can be viewed upon request by authorized DCA personnel or law enforcement officers. The "manifest" shall be in the possession of the vehicle for hire driver and central dispatch and shall include the business name, business phone number, name of the passenger (if provided /known), pickup /drop -off address and dates /times involved. Non - medical, wheelchair and stretcher transportation service. The term "non- medical, wheelchair and stretcher transportation service" shall mean the transportation of persons while on stretchers or wheelchairs, or persons whose handicap, illness, injury, or other incapacitation makes it impractical to be transported by a regular common carrier such as a bus, taxicab, or other vehicle for hire. Such persons do not need, nor are likely to need, any medical attention during transport. Passenger. The term "passenger" shall mean a person utilizing a vehicle for hire for the purpose of being transported to a destination, or a person who is awaiting the arrival of a dispatched vehicle for hire, and does not include the chauffeur. Prearranged. The term "prearranged" shall mean a written, e-mail, fax or telephone reservation made at least thirty (30) minutes in advance by the person requesting service from a vehicle for hire business. Such reservations shall be documented in written form by the business. The written documentation requested herein shall be made available immediately upon the request of authorized division personnel or law enforcement. The thirty- minute advance requirement does not apply to companies with authorized vehicle for hire contracts with Palm Beach International Airport and other businesses that provide vehicle for hire services by contract. Residential home office. The term "residential home office" shall mean a residence located in Palm Beach County from which a vehicle for hire business is operated. The "residential home office" must be the primary residence of the vehicle for hire company's principal owner /president. The "residential home office" must be equipped with a separate wired telephone line and be approved by applicable zoning regulations. Proof of residency must be provided upon request (i.e., driver's license, tax receipt, bank account, utility bill, etc.). Palm Beach County, Florida, Code of Ordinances Page 3 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sedan. The term "sedan" shall mean any pre- arranged vehicle for hire, not equipped with a taximeter, which is not a limousine, SUV, transport van /shuttle, non - medical wheelchair and stretcher transportation vehicle or taxi. Sedans shall include all other commercially manufactured passenger vehicles not already defined herein. Such vehicles shall not display the word "taxicab," "taxi," or "cab" on the vehicle exterior or interior. A sedan is prohibited from using a taximeter and top -light unless it is being used as a taxicab. A sedan older than thirty (30) years must be fully restored and registered as an antique by the state pursuant to F.S. § 320.086(2) as may be amended. Short -term vehicle decal plaque placard. The term "short -term vehicle placard" shall mean a specially prepared placard placed on the passenger side dashboard of a short -term rental vehicle for hire. All rental contracts must be 30 days or less. SUV (sports utility vehicle). The term "SUV" shall mean a type of passenger vehicle which combines the load- hauling and passenger- carrying capacity of a large station wagon or minivan. A SUV is prohibited from using a taximeter and toplight unless it is being used as a taxicab. Taxicab. The term "taxicab" shall mean a motorized vehicle, equipped with a taximeter, engaged in the transportation of passengers for compensation, and where the route or destination is controlled by the passenger. Taximeter. The term "taximeter" shall mean any device permanently and internally mounted in a taxicab and which records and indicates a charge or fare measured by distance traveled, waiting time or other traditionally compensable activities of taxicab service. Top light. The term "top light" shall mean a permanently installed roof mounted lighted device which shall be illuminated whenever the taximeter is on. The top light must be a minimum size of ten (10) inches by four (4) inches, permanently mounted on the vehicle roof and display or include the word "taxi," "taxicab" or "cab." Transport van /shuttle. The term "transport van /shuttle" shall mean a motor vehicle not equipped with a taximeter, with a seating capacity for at least four (4) passengers, exclusive of the driver, where there is no separation of the driver and passenger compartments and not modified from the manufacturer's specifications. A functioning seat belt must be available for each passenger. A transport van /shuttle is recognized by the industry as a mini -van, van, mini - coach, minibus, limo -bus or other similar vehicle, excluding those vehicles regulated by the State of Florida Department of Transportation (FDOT). A transport van /shuttle is prohibited from using a taximeter and top -light unless it is being used as a taxicab. Vehicle decal. The term "vehicle decal" shall mean a decal placed upon any vehicle for hire granted approval to provide vehicle for hire services by the division. Vehicle for hire and /or vehicle for hire company. The terms "vehicle for hire" and /or "vehicle for hire company" shall mean any individual, partnership, association, corporation, or other legal entity which holds business permits for or contracts with any motorized, self - propelled vehicle(s) engaged in the transportation of persons upon the streets of Palm Beach County who receive any compensation or salary for providing such transportation. The term shall not be construed to exclude any person owning, controlling, operating, or managing any type of motor vehicle used in the business of transportation of persons for compensation. The term shall include, but not be limited to non - medical wheelchair and stretcher transportation services, taxicabs, transport vans /shuttles, sedans, SUVs, limousines, and the use of personal vehicle(s), regardless of who owns said personal vehicle(s) engaged in the transportation of persons. The term shall not apply to vehicles, companies and organizations identified in section 19 -214 of this Code. Vehicle for hire driver's I.D. badge (I.D. badge). The term "vehicle for hire driver's I.D. badge (I.D. badge)" shall mean a permit authorizing the holder thereof to utilize the motor vehicle(s) described in said permit for the transportation of passengers as authorized pursuant to this article. Palm Beach County, Florida, Code of Ordinances Page 4 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Vehicle for hire service standards. The term "vehicle for hire service standards" shall mean a summary of "passenger" and "driver" expectations prominently displayed within every vehicle for hire passenger compartment. Sec. 19-214. Compliance with article required. (a) The operation of vehicles for hire within and upon the streets of the county shall be subject to the conditions, restrictions, and regulations set forth in this article. It shall be unlawful to operate any vehicle for hire within and upon such streets without first obtaining a county vehicle for hire permit, vehicle decal(s), and driver's I.D. badge; however, this article shall not apply to the following: (1) Vehicles operated by a governmental agency; (2) Vehicles tendering transportation services not for compensation; (3) Vehicles owned and operated by hotels, motels and funeral homes which provide transportation services for their guests only, for which the guest does not incur a separate charge; (4) Discharge of a passenger pursuant to legal authority as referenced in section 19 -217 of this article on reciprocity; (5) Operation of motor vehicles for the transportation of passengers, not for compensation, between the vicinity of their residences and the vicinity of their places of work, in an arrangement commonly known as a "car pool" or "van pool "; (6) School buses and church buses; (7) Transportation services operated as a bona -fide tour company by a seller of travel as defined in F.S. § 559.927, as amended; (8) Horse drawn carriages; (9) Motor vehicles used exclusively to provide transportation without compensation and purely incidental to a person's primary business and requiring the performance of substantial services in addition to transportation; and (10) Nonprofit organization vehicles operated by Section 501(c)(3), United States Revenue Code. (b) Compliance with the provisions of this article shall in no way relieve an individual or vehicle for hire company from compliance with all municipal, county, state and federal laws. (c) Vehicle for hire business permit holders and permitted drivers shall cooperate fully at all times with the division in furnishing information required in connection with requests for proof of licensure, insurance, vehicle registration, driver's I.D. badge, or during the process of applying to renew a business permit, registration of vehicles and /or driver's I.D. badges, or investigations of consumer complaints. Further, vehicle for hire business permit holders and permitted drivers shall not obstruct, hamper or interfere with an investigation of alleged violations of this article conducted by division personnel, any law enforcement officer or employee of any other agency enforcing this article. At no time shall a vehicle for hire business permit holder or permitted driver use abusive language or display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other vehicle for hire drivers, vehicle for hire business owners or their representatives, division personnel, any law enforcement officers or any agency authorized to enforce this article. (d) A "vehicle for hire company" must notify the division in writing within thirty (30) days of the date that any of its drivers are convicted of a criminal offense (misdemeanor or felony crime), including all Palm Beach County, Florida, Code of Ordinances Page 5 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE traffic offenses involving a driving under the influence charge, a controlled substance charge, or a driver license suspension /revocation charge. (e) A "vehicle for hire company" shall be responsible for its drivers' compliance with all of the regulations required by this article. (f) No "vehicle for hire company" shall charge, demand, or request any fare other than the prearranged amount agreed upon for the transportation service or the amount shown on the taximeter. (g) Any violation of this article is a civil infraction. Sec. 19 -215. Advertising. (a) It shall be unlawful for any vehicle for hire company to advertise vehicle for hire services and /or transportation services without obtaining and maintaining a current and valid vehicle for hire business permit and vehicle decal(s) pursuant to the provisions of this article. Any advertisement of any vehicle for hire business shall clearly and conspicuously disclose the name of the company, physical address of the company, phone number and vehicle for hire business permit number issued by the division. The permit number shall be preceded by "PBC VFW' (b) All taxicabs and non - medical wheelchair and stretcher transportation service vehicles shall clearly display on the exterior of the driver and passenger side of the vehicle, permanent vinyl or painted lettering at least four (4) inches high and in clearly visible bold contrasting colors, the vehicle for hire company's name, telephone number and business permit number. The permit number shall be preceded by "PBC VFW' Magnetic signage, of any type, is not permitted. (c) Every taxicab and non - medical wheelchair and stretcher transportation service vehicle shall be assigned a unique /dedicated number by the vehicle for hire company. That number must be permanently affixed to each vehicle by that company. The assigned number shall exist for the life of the vehicle while it is owned /operated by that company and shall not be reused for at least one year on any other vehicle. This number shall be reported to the division as part of the annual permit requirements. The number shall be affixed to both rear quarter panels (or roof posts) of an automobile or rear sides of other vehicles. The numbers must be in clearly visible, boldly contrasting colors and shall be a minimum of four (4) inches in height. Each business must assure that duplicate numbers are not assigned to vehicles. (d) All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and the metered drop rate must match the advertised rate. (e) Taxicabs utilizing signage on roofs which prevent the required mounting of a top light shall be exempt from the top light requirement until the vehicle is replaced, required to be retired pursuant to this article or the word "taxi," "cab" or "taxicab" (using at a minimum two -inch letters) is included on the signage and is able to be seen from the front and rear of the vehicle. (f) Vehicle for hire drivers /chauffeurs meeting passengers at Palm Beach International Airport, or the Port of Palm Beach, may utilize a sign for the purposes of identifying a passenger or group of passengers. The sign utilized shall identify the name of the passenger or group being met and shall include the name of the vehicle for hire company or the corporate client of the vehicle for hire company and "PBC VFH" permit number. In no event shall the name of the company be larger than one -inch letters and in any event the name of the company shall be smaller than the name of the passenger /group. (g) Advertising restrictions. No person shall advertise a vehicle for hire service in a manner that is false, misleading or deceptive. Notwithstanding paragraphs (a) through (f) above, the following Palm Beach County, Florida, Code of Ordinances Page 6 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE requirements shall be strictly complied with by every vehicle for hire company and driver in any advertisement for each particular category of vehicle for hire: (1) Taxicab or taxi. No taxicab vehicle for hire company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "limousine," "limo," "luxury sedan or SUV," "luxury limousine or limo," "shuttle service," "luxury passenger vehicle," "shuttle," or a form of these words unless ordinance or exception requirements for multi- category vehicle for hire companies are met. (2) Sedan /SUV. No vehicle for hire sedan /SUV company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "limousine," "limo," "taxicab," "cab," "shuttle," or any form of the word(s) "luxury" or "custom /luxury" unless ordinance or exception requirements for multi - category vehicle for hire companies are met. (3) Transport van /shuttle. No transport van /shuttle company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "taxi or taxicab," "limousine," "limo," "luxury sedan or SUV," "luxury limousine or limo," "luxury passenger vehicle," or an form of these words unless ordinance or exception requirements for multi- category vehicle for hire companies are met. (4) Limousine. No limousine company shall advertise, or allow or cause to be advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for business which includes the word(s) "taxi or taxicab." (5) Exception for multi- category vehicle for hire companies. A Palm Beach County vehicle for hire company that has registered and has been issued vehicle permits and /or decals for multiple categories (i.e. Sedan Company with sedans, luxury sedans /SUV's and limos, taxi company with taxis, sedans and /or limos, etc) may use in one advertisement the terms for each particular category of the vehicle for hire business, however, consistent with restrictions in subsections See. 19 -216. Reserved. Editor's note- 19 -216 See. 1 -217. Reciprocity. (a) Out -of- county origin exception. Nothing in this article shall prohibit discharge within the county of any passenger, lawfully picked up in another county and lawfully transported into the county from a county or municipality that has adopted a similar vehicle for hire regulatory ordinance, which meets or exceeds the requirements of this article and has been issued an operating permit by the county or municipality of origin. Palm Beach County, Florida, Code of Ordinances Page 7 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Any passenger lawfully picked up in another county, may be transported to, and discharged at one (1) or more locations within the county. Any passenger transported under this provision may be picked up at the drop -off location and transported back to the county of origin as long as the transportation is part of a continuous round trip fare. This transportation must be part of a prearranged fare (evidenced by a written manifest or load ticket) and the county or municipality (not in the county) where the passenger is picked up has adopted similar provisions in a vehicle for hire regulatory ordinance and issued an operating permit or vehicle for hire license to the business. Local business tax receipts do not meet the requirements of this section. (b) A vehicle for hire from another county or municipality (not in the county) may pick up a passenger at either Palm Beach International Airport or the Port of Palm Beach and transport said passenger directly to the vehicle for hire's county or municipality of origin as long as: (1) The county or other municipality has adopted a similar vehicle for hire regulatory ordinance, which meets or exceeds the requirements of this article; (2) The transportation is part of a prearranged, one -way continuous fare (evidenced by a written manifest or load ticket); (3) The passenger arrived at either Palm Beach International Airport or the Port of Palm Beach; (4) The vehicle meets Palm Beach International Airport and the Port of Palm Beach vehicle for hire requirements; and (5) The vehicle has been issued an operating permit by the county or municipality of origin. A copy of the manifest or load ticket shall be in the possession of the driver at all times and shall be made available to enforcement personnel upon request. Sec. 19-218. Business permit application. (a) An individual or a vehicle for hire company not exempt pursuant to section 19 -214 shall make application to the division for a business permit. It is a violation of this article to operate such companies without first securing a business permit from the division. A business permit shall be issued annually only after acceptance by the division of the following: (1) Its legal, trade, corporate and /or fictitious name; (2) Its local or Florida business address (mail centers or P.O. box addresses are not acceptable); (3) List of all business principals (i.e., owner, officers, partners, etc.) names, addresses, dates of birth and Florida driver's license number. If applicable, the name and address of the registered agent shall be provided; (4) The year, make, model of manufacture, vehicle number (if applicable) and specific coloring scheme of each vehicle for hire for which a business permit is sought; (5) The vehicle identification number and license tag number of each vehicle; (6) A clear and legible copy of each vehicle's State of Florida registration form; (7) The name and vehicle for hire driver's I.D. badge number; (8) Appropriate certificates, permits, local business tax receipts, (specifically for vehicle for hire) and other authorization issued by the county and any municipality if applicable; (9) The original signed copy of the vehicle inspection form for each vehicle being assigned a decal; and Palm Beach County, Florida, Code of Ordinances Page 8 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (10) Payment of all business permit and vehicle decal fees in amounts set forth by resolution of the board. (b) No person maintaining, owning, or operating a vehicle for hire company shall suffer or permit any person or employee to drive a vehicle for hire unless such person has a valid vehicle for hire driver's I.D. badge issued pursuant to this article. (c) Each business permit issued pursuant to this section shall be valid and effective for one (1) year, terminating on April 30 of each year. (1) Failure to submit a business permit application and the required nonrefundable fee for renewal by March 1 of each year will result in the assessment of a nonrefundable late fee. The late fee shall be established by resolution of the board. (2) Upon submission of a new business permit application and all required documents, the division shall provide the business with a receipt which shall constitute a provisional business permit and shall be valid until the issuance or denial of the business permit, whichever comes first. (3) Businesses which fail to submit a complete application /renewal application within thirty (30) calendar days after the business' receipt of the division's notice of an incomplete application, shall be denied a business permit. Within ten (10) business days of receipt of the division's notice of denial, such businesses may refile a complete and corrected application and pay a nonrefundable re- filing fee established by resolution of the board. Failure to refile an application within this ten -day period, will result in the business being required to submit a new application and paying the nonrefundable business permit fee and vehicle decal fees. (4) The DCA may deny or revoke a business permit if it is determined that the applicant has misrepresented, omitted, concealed a fact on any application or submitted any fraudulent or false document. If denied or revoked, said business permit shall not be issued or reinstated for a period of one (1) year from the date of denial or revocation. (5) No permit shall be valid for any vehicle for hire company under any other name or at any place other than that designated in the permit. (6) If the business transfers, sells, changes or modifies its name or ownership structure, the business shall be required to notify the division of consumer affairs within forty -five (45) days of said change, and a new business permit application shall be submitted. All business permit fees and administrative processing fees approved by the board by resolution shall be assessed by the division. If the transfer, sale, change or modification changes the ownership structure by more than fifty -one (51) percent, it will be considered a new company, and new business requirements and fees established by the board by resolution shall apply. The adoption of a moratorium shall not preclude companies with existing business permits from the transfer, sale or change of ownership to a new business. (d) Any change in the information submitted pursuant to paragraph (a) above shall be provided to the division within twenty (20) calendar days of said change. Failure to provide such notice may result in the suspension or revocation of the company's business permit. (e) All vehicle for hire business permits which are not renewed, shall automatically expire upon the expiration date as stated on the permit and the company shall cease all vehicle for hire services immediately. (f) All vehicle for hire business must maintain a written /electronic manifest or trip log for each pickup /drop off of any passenger. The manifest shall be in the possession of the vehicle for hire driver and business central dispatch and shall include but not be limited to, the business name, the name of the driver and the driver's I.D. badge number, the county vehicle for hire permit number (VFH #), the decal number of the vehicle providing the service, the name, address and telephone number of the passenger, the date, time and location where the service begins and ends, and the Palm Beach County, Florida, Code of Ordinances Page 9 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE total charges and method of payment for the service provided. In addition, each original manifest, invoice, or dispatch record shall be available for inspection and a copy provided upon demand by law enforcement officers, by personnel authorized by the division to perform enforcement duties or to the passenger. (g) The DCA may deny or refuse to renew the business permit of any vehicle for hire business based upon the determination that: (1) Any director, officer, owner or general partner was associated with another vehicle for hire business whose permit was denied or revoked. (2) An individual /business, or any of its directors, officers, owners or general partners has not satisfied a civil fine or penalty arising out of any administrative or enforcement action brought by DCA; (3) Any individual /business, or any of its directors, officers, owners or general partners has had any unsatisfied civil penalties, judgments or administrative orders entered against it, him or her in any action brought by the DCA, or any government agency, under the requirements of this article or a similar ordinance; (4) Any individual /business, or any of its directors, officers, owners or general partners has failed to comply with the terms of a cease and desist order, notice to correct a violation, written assurance of voluntary compliance, or any other lawful order of the director, the DCA or the consumer affairs hearing board /special master. (h) Each vehicle for hire business operating in the county must secure a business operating permit and maintain a commercial business office or residential home office in the county. Each vehicle for hire company must place the actual written permit issued by the DCA in a location clearly visible to the public. There are only two (2) exceptions to maintaining a commercial business office or residential home office in the county: (1) The vehicle for hire business may operate from Broward County, Miami -Dade County or any another Florida county /municipality where that jurisdiction licenses and regulates vehicle for hire companies and that business and all vehicles are licensed /decaled to operate by that county /municipality and secures a vehicle for hire operating permit and vehicle decals from the county. (2) The vehicle for hire business may operate from another county if no vehicle for hire license regulations exists in the other county and that business secures a vehicle for hire operating permit and decals from the county. Vehicle for hire companies with existing operating permits and decals from the county shall be exempt from this subsection. (i) A vehicle for hire company shall sign an affidavit attesting that each driver is eligible to be insured by the company's commercial automobile liability insurer and is in fact insured. Q) The company is required to notify the division, in writing, immediately but no later than ten (10) business days from the date that a driver is no longer insured by the vehicle for hire company's commercial automobile liability insurer. (k) For vehicles owned by the business, it shall be the responsibility of the business to remove and surrender to the division all decals issued for vehicles which are no longer operating for that business. The business must also remove all vehicle signage and top lights within ten (10) business days following the removal of a vehicle from service or termination of employment/contract with the business. (1) Failure to comply with the provisions of this section may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permit(s), issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division by law. Palm Beach County, Florida, Code of Ordinances Page 10 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19-219. Records required. Each vehicle for hire company shall maintain accurate and complete records relating to manifests, invoices (when used) and vehicle maintenance. Such records shall be maintained for at least three (3) years. The division shall be granted access to these records for inspection and /or copying, during regular business hours, upon twenty -four (24) hours' prior notice. In the event the division is denied the opportunity to inspect and copy such records onsite, the division shall have the right to remove the records for the purpose of copying and shall return any records removed within three (3) calendar days. If necessary, the division is hereby authorized to obtain an inspection warrant as authorized by law. Sec. 19 -220. Vehicle requirements. (a) Age requirements. There shall be no age limitation for any vehicles, so long as the vehicle complies with the inspection process referenced herein. Any vehicle older than seven (7) years based on the registration of said vehicle or when the vehicle exceeds three hundred fifty thousand (350,000) miles, whichever is first, shall be required to pass a bi- annual inspection. The bi- annual inspections shall be pursuant to vehicle safety, appearance, operational and inspection requirements outlined in sections 19 -223, 19 -224, and 19 -225 of this article. (b) Fleet requirements. (1) All new taxicab companies submitting an application for a business permit pursuant to section 19 -216 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet, and shall include at least one (1) handicap accessible vehicle. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (2) All new sedan /SUV companies submitting an application for a business permit pursuant to section 19 -216 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet. (3) All new van /shuttle companies submitting an application for a business permit pursuant to section 19 -216 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet, and shall include at least one (1) handicap accessible vehicle. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (4) All new limousine companies submitting an application for a business permit pursuant to section 19 -216 on or after June 1, 2013, shall have a minimum of two (2) vehicles in its fleet. (5) All new non - medical wheelchair and stretcher transportation service companies submitting an application for a business permit pursuant to section 19 -216 on or after June 1, 2013, shall have a minimum of two (2) vehicles in its fleet. (6) All taxicab or van /shuttle companies with twenty (20) or more vehicles licensed by the division prior to June 1, 2013, shall have at least one (1) handicap accessible vehicle available beginning on December 1, 2014. The rates for handicap accessible vehicles shall not differ from the rates charged to non - disabled passengers. (c) Taxicabs. (1) Each taxicab is required to maintain a top light as defined in section 19 -213 Palm Beach County, Florida, Code of Ordinances Page 11 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (2) Each taxicab business shall select and use a uniform, specific and consistent color and signage scheme for all taxicabs registered to the business. Each company shall submit to the division for approval, upon application, three (3) color photographs, not less than eight (8) inches by ten (10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical), front and rear of the vehicle which depicts the chosen color scheme, including signage per section 19 -215 of this article. Each taxicab shall operate under a trade name which is distinct from, and not substantially similar to, any existing vehicle for hire company. (3) No taxicab shall be permitted to operate unless it conforms to the business' selected trade name, color and signage scheme as stated in subsection (c)(2) hereinabove. (4) No taxicab shall be permitted or operated unless it is equipped with a taximeter which accurately registers the rates and charges posted on the outside of the vehicle. Taxicabs are required to use the taximeter to determine all fares. The taximeter must be plainly visible to allow easy viewing of the meter rate display by the passenger. (5) All taximeters shall be calibrated, at least once per year, tested and sealed pursuant to the most current addition of the National Institute of Standards and Technology (NIST) Handbook 44, at a registered taxi service agency, as authorized by the state department of agriculture and consumer services, bureau of weights and measures. (6) Each taxicab business must present meter calibration records when applying for and /or renewing the vehicle for hire business permit. The calibration record must show at a minimum, the date of calibration, and the name, address and phone number of the registered taxi service agency performing the calibration. (7) All taximeters must have a lead seal and current inspection decal affixed to the taximeter, by a registered taxi service agency. The business is responsible for assuring compliance with this paragraph. (8) If either the lead seal or inspection decal is missing or broken on the taximeter, the vehicle for hire business must immediately take the vehicle out of service. The taximeter must be recalibrated by a registered taxi service agency, and a new lead seal and inspection decal must be affixed to the taximeter prior to the taxicab being placed back into service. (9) Beginning on June 1, 2013, all new taxicab companies licensed in Palm Beach County will be required to accept as a method of payment for the fare (in addition to cash or other forms of payment acceptable to the company), a bank debit card or credit card, including, but not limited to, Mastercard, Visa, and Discover, without additional charge or premium. (d) Failure to comply with the provisions of this section may result in the division denying the permit(s) /decal, revoking or suspending the permit(s) /decal, denying a renewal of such permits /decal, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division. Sec. 19-221. Vehicle decal requirements. (a) An individual or vehicle for hire company not exempt pursuant to section 19 -214 of this article shall make application to the division for a vehicle decal for each vehicle for hire. Each vehicle for hire shall be issued a vehicle decal upon fulfilling all the following requirements: (1) Verification of the application submitted pursuant to this article; (2) Certification evidencing compliance with the insurance requirements of section 19 -226 of this article; Palm Beach County, Florida, Code of Ordinances Page 12 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (3) Receipt of appropriate documentation or a sworn statement that the vehicle(s) for which the vehicle decal is sought meets the minimum vehicle safety and signage requirements of sections 19 -215, 19 -220, 19 -221 and 19 -223 of this article; and (4) Payment to the division of the vehicle decal fee in an amount set forth by resolution of the board. (b) Each vehicle decal issued pursuant to this section shall be valid and effective for one (1) year, terminating on April 30 of each year. (c) Upon issuance of a vehicle decal, such decal shall be properly affixed to the vehicle utilizing the adhesive provided on the decal. Said decal shall be placed on the passenger side, lower corner inside windshield and shall be clearly visible. Once affixed, the decal may not be removed except for reasons described in paragraph (g) below. The vehicle decal remains the property of the county and shall be used only under the authority of the division. It shall be a violation of this article to fail to properly affix the decal to the vehicle windshield immediately upon receipt. Designated division personnel shall have the authority to confiscate decals not properly affixed to the vehicle windshield. (d) A vehicle decal may be renewed upon application to the division evidencing continued compliance with the provisions of this article, and payment of the renewal fee in an amount set forth by resolution of the board. (e) If the short -term use of a rental vehicle by a vehicle for hire company is necessary, a short -term thirty -day vehicle placard shall be issued upon application to the division. The vehicle for hire company shall show proof that all temporary use vehicles meet the minimum insurance requirements of this article and provide a copy of the rental agreement. The short -term placard must be placed on the passenger's side dashboard of a rented vehicle for hire. The placard shall at a minimum include the name of the company, date of issuance and date of expiration. If a vehicle is rented for more than thirty (30) days, the vehicle for hire company must secure a new placard. The fee for a short - term vehicle placard shall be established by resolution of the board. All short -term use vehicles must meet all requirements of this article. Temporary use placards are not permitted for taxicabs. (f) No vehicle decal may be duplicated in any manner. (g) No vehicle decal may be sold, assigned or otherwise transferred. If a vehicle's windshield is damaged beyond repair or a vehicle is destroyed or sold, the vehicle for hire company must remove said vehicle decal (if in existence) and surrender the remains to the division within ten (10) business days of the occurrence. (h) The fee for replacing decals for vehicles currently registered with the DCA shall be established by resolution of the board. Such fees are applicable to vehicles which have sustained windshield damage or decal theft (as evidenced by dated repair receipt or police report). (i) Each vehicle for hire shall conspicuously display in the passenger compartment a Vehicle for Hire Service Standards decal, supplied by the division. Palm Beach County Vehicle for Hire Service Standards Passenger Expectations: • A clear understanding of the fare (or fare rate) • To examine the driver's I.D. badge • To direct the destination and route to your destination • A courteous, English- speaking driver who knows the streets of Palm Beach County Palm Beach County, Florida, Code of Ordinances Page 13 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE • Only the "permitted" driver and paying passengers in the vehicle • A driver who knows and obeys all traffic laws • Air - conditioning on demand • No operation of radio, CD /Cassette or DVD /video or other similar mediums unless requested • No smoking in the vehicle • Clean passenger seat area • Clean trunk Driver Expectations: • To be paid for services provided and requested • No illegal activities in vehicles • Personal safety • To maintain a safe environment • Non - smoking passenger(s) If you have an unresolved problem with the driver or company contact: Palm Beach County Consumer Affairs West Palm Beach 561- 712 -6600 Boca /Glades 888 - 852 -7362 www.pbcgov.com/consumer As an alternative for sedans and limousines, vehicle for hire companies may opt to provide a copy of the vehicle for hire standards on a minimum eight and one -half (8'h) inches by five and one -half (5'h) inches sheet of paper (with minimum ten -point type font) to passengers at any time, but no later than the trip termination or when the customer is invoiced. It shall be a violation of this article for the vehicle for hire company or the driver to fail to adhere to the vehicle for hire service standards. Q) It shall be unlawful to operate any vehicle for hire within and upon the streets and roads of the county without first obtaining the required vehicle decal(s) and affixing it to the windshield of each vehicle. Failure to secure the required decal or affixing it to each vehicle as required by this article may result in the permit being denied, suspended or revoked. (k) Failure to comply with the provisions of this section may result in the division denying the permit(s) /decal(s), revoking or suspending the permit(s) /decal(s), denying the renewal of such permit(s) /decal(s), issuing a civil citation, a misdemeanor conviction or other such remedies available to the division. Palm Beach County, Florida, Code of Ordinances Page 14 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19 -222. Impoundment. (a) Designated DCA employees or law enforcement officers are authorized to seize and impound any vehicle for hire which such employee or officer has probable cause to believe is being operated without commercial liability insurance and in violation of this article. (b) Any licensed driver and /or vehicle for hire business that has been suspended for failure to meet the required commercial liability insurance requirements shall have its vehicle impounded and its business permit revoked. If revoked, said business permit shall not be issued or reinstated for a period of one (1) year from the date of revocation, and all new business permit application requirements shall apply. (c) At the time and place of impoundment, the designated DCA employee or law enforcement officer will provide written notice to the owner /operator of the vehicle detailing: (1) The grounds for impoundment, (2) The description of the vehicle impounded, (3) The location of the secured facility where the vehicle will be held, (4) The process for having the vehicle released, and (5) The circumstances under which the vehicle will be disposed /sold if the owner fails to meet the requirements of this section and fails to claim the vehicle pursuant to F.S. § 713.78, as may be amended. If the owner of the vehicle is not present at the time of impoundment, within twenty -four (24) hours the division will make a good faith effort to give a notice of seizure in writing to said vehicle owner and lien holder of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and information concerning these regulations and the designated secured facility to which the vehicle was or will be taken. A copy of said notice of seizure shall also be given to the towing company which impounds the vehicle. Whenever an officer or designated employee seizes a vehicle under this section, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinabove provided, then the officer or designated employee shall immediately send or cause to be sent a written report of such impoundment by mail to the appropriate law enforcement agency. (d) The division shall obtain the assistance of either the county sheriffs office or the specific police agency in the municipality where the vehicle is to be towed to coordinate the impoundment of the vehicle with an authorized towing company either on rotation by the law enforcement agency or under contract with the division. (e) The vehicle shall not be released to the vehicle owner by the towing company until authorization has been given by the DCA. The owner must show proof that all judgments from outstanding citations and administrative actions that relate to the failure to have commercial liability insurance have been paid or proof is shown that a court hearing has been scheduled to consider said outstanding citations. Further, the vehicle owner must make arrangements through the company's commercial insurance agent /company to show proof to the DCA that the vehicle has the required insurance or provides a notarized affidavit that the vehicle will no longer be used as a vehicle for hire, returns the vehicle for hire decal and shows proof of insurance as required by the state. (f) After meeting the requirements in subsection (e) above, the registered owner of the impounded vehicle may request that the impounded vehicle be released, by delivering a written request in person to the DCA, Monday through Friday, between 8:00 a.m. and 4:00 p.m., excluding holidays. The DCA will then issue an authorization to the vehicle owner for the towing company to release the Palm Beach County, Florida, Code of Ordinances Page 15 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE vehicle. The vehicle owner is responsible for the payment of all towing and storage charges incurred by the impoundment prior to said release. (g) The owner and /or lien holder of the vehicle may appeal the decision of the division to impound a vehicle and facilitate its release by: (1) Complying with the requirements in subsections (e) and (f) above; or (2) Initiating the appeal and waiting for the decision of the hearing board /special master with the understanding that if the appeal is not successful, additional daily vehicle storage fees shall be assessed by the towing company for which the owner shall be required to pay prior to release of the vehicle. (h) Appeal process. If the vehicle owner disputes the grounds for the vehicle impoundment, he or she may appeal to the consumer affairs hearing board /special master. The owner of an impounded vehicle shall make a request in writing to the division for a hearing within five (5) business days of the vehicle being impounded and pay the non - refundable appeal fee established by resolution of the board. The division shall arrange for the hearing within ten (10) business days or as soon as practicable, after receiving the written request. All interested persons shall be given reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing, and hearsay evidence shall be admissible. After considering all evidence presented, the hearing board /special master shall upon clear and convincing evidence, either uphold the decision of the division to impound the vehicle or determine there was insufficient cause for impoundment. If the hearing board /special master determines there was insufficient cause for the impoundment: (1) The towing fees will be returned to the owner by the division; or (2) The vehicle shall be returned to the owner without any fees being assessed. In such cases, the division shall be responsible for paying the towing company for all charges and fees incurred. (i) If the division's decision to impound is upheld, the hearing board /special master shall order the continued impoundment of the vehicle unless the owner posts a cash bond in the amount of the maximum fines, towing and storage fees or does not admit to the violation but pays the towing and storage fees and any fines. Q) Default hearing. If the owner of the impounded vehicle fails to appear for the appeals hearing specified above, the hearing board /special master shall make a determination pursuant to this section. The division shall inform the owner of the default determination by certified mail, return receipt requested or by personal delivery. The order of the hearing board /special master shall include the provisions of this section. (k) Vehicles not claimed as required by this section will be considered abandoned ten (10) days after impoundment or ten (10) days after service of the order of the hearing board /special master. The towing company which has possession of the vehicle is then authorized to dispose of the vehicle in accordance with F.S. § 713.78, as may be amended. Sec. 19 -223. Vehicle safety and appearance requirements. (a) The windshield and all side and rear windows shall provide clear visibility and operate according to the manufacturer's specifications. The windshield and all windows shall possess no breakage, cracks or pits that impair visibility or hinder the safety of passengers. All window cranks /power window switches shall be complete, intact and functioning. Windows on vehicles for hire shall not be covered by, or treated with a material which would cause the vehicle to be in violation of F.S. §§ 316.2951- 316.2956, as may be amended. Palm Beach County, Florida, Code of Ordinances Page 16 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (b) All standard manufacturer's interior equipment shall be complete, intact and functioning; including, but not limited to interior lights, dashboard, trim, gear shifts and head rests. Vehicle interiors must not contain loose objects and must be clean, sanitary, and free of broken seats /protruding sharp edges or torn or damaged upholstery, headliner, or floor coverings. The vehicle's interior must be free of offensive odors. The floor board shall be free of rust and holes. Trunks and luggage compartments must be kept clean and free of debris. (c) All doors must have operating handles, which allow opening from both the inside and outside, and door hinges and latches must function properly. Door locks must be operable by passengers at all times. Door seals and gaskets must be intact/operating and prevent water, odor and fumes from entering the vehicle from outside. All door panels must be intact to prevent accidental injuries on door and window mechanisms. (d) Seat belts shall be available for all passengers (according to manufacturer's specifications and state law). Seat belts shall be in operating condition, easily accessible, clean and free of grease and other objectionable substances. (e) All vehicles shall be equipped with a fully functioning heating and air conditioning system which controls the temperature of the inside of the vehicle between 68 and 78 degrees Fahrenheit. The vehicle shall be equipped with a fully functioning windshield defrost or defogging system. (f) All vehicles shall be equipped with a light capable of illuminating the interior of the vehicle, controlled by the operation of the doors, or manually controlled by the driver. (g) The transportation of children shall be in accordance with F.S. § 316.613, as may be amended. (h) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall comply with the applicable provisions of said act. (i) The vehicle's body, fenders, doors, trim, grill and paint must be free from cracks, breaks, rust, and body damage that detracts from the overall appearance of the vehicle or could result in harm or injury to the passenger or his /her personal belongings. Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch when measured at three (3) random places in the tire tread. The tires shall be inflated to manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts. Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch when measured at three (3) random places in the tire tread. The tires shall be inflated to manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts. (k) Windshield wipers must be operational according to the manufacturer's specifications. Wiper blades shall be in such a condition as to make firm contact with the windshield when operational, and shall not be torn or worn. (1) Reflectors and lenses shall not be cracked or missing and must be the correct color and properly positioned. (m) Low and high beam headlights, turn signals, brake, tail and reverse lights shall be operable as required by state law. Each vehicle shall have a white light on the vehicle to illuminate the rear license plate so that it is clearly visible. (n) Steering mechanisms shall not be worn or jammed, nor shall there be more than two (2) inches play to the left or right of center, measured at the steering wheel rim with the front wheels in a straight - ahead position. Power steering units shall not have visible signs of fluid leakage. (o) The vehicle suspension shall function as designed by the manufacturer. Palm Beach County, Florida, Code of Ordinances Page 17 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (p) The vehicle shall be equipped with an operating horn with the actuating button mounted in the location designated by the vehicle manufacturer and operated in the manner designed and assembled by the vehicle manufacturer. (q) Each vehicle shall contain an operating parking brake and a primary brake system which acts on all four (4) vehicle wheels. There shall be no visible leaks in the brake line, hoses, wheel cylinders or any part of the brake system and no frayed cables. Brake linings and /or disc pads, when measured at the thinnest point shall not be less than one - sixteenth (1/16) of an inch and firmly attached to the brake shoe or disc. Disc brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no cracks or other damage which change or impair the functional surface. All primary brake systems shall demonstrate a reasonable total braking force when conducting a rolling stop. (r) There shall be no leakage of exhaust gas from the exhaust manifold, muffler or any other point in the exhaust system as determined through a visual and audible inspection. The tail pipe shall discharge exhaust from the rear of the vehicle according to manufacturer specifications. (s) Belts shall show no signs of excessive wear and be free of cracks and frays. Hoses shall be firm and in good condition, free of leaks and cracks. (t) All fluid levels shall be maintained according to manufacturer's specifications. (u) Vehicles are required to have manufacturer specified spare tires and tire changing equipment, unless all wheels are equipped with a "run flat tire" system. (v) Vehicles must be equipped with functioning speedometer and odometer. (w) Vehicles must receive routine maintenance according to the manufacturer's recommendations pertaining to service intervals. A record of such routine maintenance must be maintained and is subject to inspection by the division. (x) Businesses must assure that each vehicle or driver has a means of communicating to a central dispatch or to emergency agencies with a two -way radio and /or cellular mobile telephone. (y) Failure to comply with the provisions of this section and applicable sections of F.S. ch. 316, as may be amended, may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division by law. Sec. 19 -224. Non- medical wheelchair and stretcher transportation service companies operational requirements. (a) Non - permitted transportation. It shall be unlawful to provide the following types of transportation for any person: (1) Requiring intravenous fluid administration while in route. (2) Requiring direct medical attention while in route. (3) Requiring ventilatory assistance. (4) Requiring orthopedic traction during transit. (b) Vehicle design — wheelchair operations. (1) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside rear - vision mirror which will enable the driver to view the entire compartment; Palm Beach County, Florida, Code of Ordinances Page 18 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (2) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle; (3) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture; (4) The passenger compartment shall provide a minimum of fifty -five (55) inches of height, measured from the finished floor to the finished ceiling; (5) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle; (6) Vehicles for hire which are intended to be used for or are used for the transport of individuals in wheelchairs shall be designed and equipped to meet minimum requirements as specified by the state department of transportation for wheelchair lift vehicles (F.A.C. § 14 -90, as may be amended). (c) Vehicle design— stretcher operations. Prior to transportation, a non - medical, wheelchair and stretcher transportation service provider shall be required to obtain from the passenger, who requires transportation by a stretcher a written statement that the person does not need, nor is likely to need, immediate medical attention during transport. This statement must be attached to the corresponding trip manifest. Vehicles for hire which are intended to transport a passenger by stretcher, shall be equipped as follows: (1) Each vehicle shall have crash stable side or center mounting litter fasteners as a means of latching a stretcher to the vehicle. Litter fasteners shall secure the litter to the floor or sidewalks. Where a single passenger may be centered in the passenger area of the vehicle on a wheeled litter, additional attachments (cups and locks) shall be provided. Attachments shall be near flush with the surrounding surface when not in use; (2) At least two (2) strap -type restraining devices shall be provided per stretcher, cot, or litter to prevent longitudinal or transverse dislodgment of the passenger during transit; (3) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside rear - vision mirror which will enable the driver to view the entire passenger compartment; (4) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle. Striker plates will be used in conjunction with latching devices; (5) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture; (6) The passenger compartment shall provide a minimum of fifty -five (55) inches of height, measured from the finished floor to the finished ceiling; (7) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle. (d) Vehicle design— Combination wheelchair /stretcher. Vehicles for hire which are intended to be used for, or are used for the transportation of persons on both a stretcher, or wheelchair shall be subject to all provisions contained above in section 19 -223. Each non - medical wheelchair and stretcher transportation service company shall select and use a uniform specific and consistent color and signage scheme for all vehicles registered to the business. Each company shall submit to the division for approval, upon application, three (3) color photographs, not less than eight (8) inches by ten (10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical), front and rear of the vehicle which depicts the chosen color scheme, including signage per section 19 -215 of this article. Each non - medical wheelchair and stretcher transportation service vehicle shall Palm Beach County, Florida, Code of Ordinances Page 19 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE operate under a trade name which is distinct from and not substantially similar to any existing vehicle for hire company. (e) Advertising. All advertising or other solicitation for business by such transportation services shall emphasize in a conspicuous manner that the service does not provide ambulance services or medical attention, and the service is designed solely to transport those persons whose physical condition or impairments render it impractical to use a regular common carrier or vehicle for hire service. All such transportation services advertising in the "yellow pages" of the telephone directory or elsewhere may only be listed under the heading of "Wheelchair and Invalid Transportation ". Use of "The Star of Life ", "The Staff of Caduceus ", the term "ambulance ", normal or abnormal EKG patterns, or any other symbol or sign normally associated with medical attention is prohibited in any and all advertising including the design /signage placed on the exterior of vehicles. (f) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall comply with the applicable provisions of said Act. (g) All vehicles must be equipped with: (1) A first aid kit containing at a minimum: a hard case; six (6) gauze pads (at least four (4) inches by four (4) inches); one (1) large gauze pads (at least five (5) inches by nine (9) inches); a box of adhesive bandages; one package of gauze roller bandage at least two (2) inches wide; ten (10) sealed antiseptic wipes; scissors; tweezers; adhesive tape and latex gloves. (2) A bodily fluid "spill kit" containing at a minimum: safety gloves; foldable wipes; scoops; hand cleaner; biohazard disposal bags; and absorbent, hazardous waste disposable bags. (3) An all- purpose fire extinguisher (ten (10) lb. ABC). (h) Failure to comply with the provisions of this section may result in denial of a permit(s) /decals, revocation or suspension of the permit(s) /decals, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the division herein. Sec. 19-225. Vehicle inspections. (a) Mechanical /safety inspections. (1) All vehicles for hire that are less than seven (7) years old based on the registration or have not exceeded five hundred thousand (500,000) miles, shall be inspected annually, but not more than 60 days before the application for a business permit is submitted to the division. Vehicles more than seven (7) years old based on the registration, or which have exceeded five hundred thousand (500,000) miles, shall be inspected bi- annually. All vehicles added to the fleet of permitted businesses must meet these inspection requirements. (2) Vehicle inspections shall be performed by an automobile technician or master automobile technician both of which must be certified by the National Institute for Automotive Service Excellence (ASE) who at a minimum has passed the requirements for suspension /steering and /or brakes. a. The ASE certified automobile technician /master automobile technician performing the inspection must utilize a three (3) part inspection form supplied by the division for each vehicle. b. The inspection form must show that the vehicle passed all of the requirements as specified in section 19 -223 Palm Beach County, Florida, Code of Ordinances Page 20 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE c. The technician must provide his /her ASE certification number, the expiration date of his /her certification, the name and license number of the state licensed motor vehicle repair facility where the inspection was performed and his /her signature as verification that all information provided is true and correct. This information must be recorded on the inspection form for each vehicle inspected. (3) It shall be a violation of this article to fail to use a certified technician to inspect vehicles or to submit false inspection forms to the division. The division may verify information and inspection forms submitted by the business. A business which fails or does not follow the requirements of this section is subject to denial, revocation or suspension of its business permit and decals and denial, revocation or suspensions of renewal of same. (b) Signage and visual inspections. (1) The division shall conduct signage and visual inspections of all vehicles required to have exterior signage, taxi roof top lights, and /or taximeters, upon the submittal and completion of all application requirements. Such vehicles for hire shall be inspected by division personnel to verify that vehicles comply with the requirements of this article. Division personnel shall conduct a visual inspection of all vehicles to assure that safety and appearance standards are in compliance with this article. When the vehicle passes inspection, division personnel shall properly affix the required decal to the windshield. (2) The inspection of vehicles shall take place during a designated period of time and at a location designated by the division. It is the responsibility of the vehicle for hire business to make vehicles available during the designated period of time and at the designated location. (3) The division will provide written notification (fax or electronic notification acceptable) to the vehicle for hire company of the time and location where inspections will be conducted. (4) If the business fails to appear for inspection, during the designated inspection period established by the division, a rescheduling fee must be paid to the division prior to rescheduling. The non - refundable rescheduling fee shall be established by resolution of the board. Failure to reschedule within five (5) business days shall be a violation of this article and may result in the denial /revocation of the permit. If a business cancels or fails to present the vehicle(s) for the re- scheduled inspection, the business shall pay a fee that is double the regular rescheduling fee as established by resolution of the board. (5) Vehicles acquired by a business after submitting the annual business permit application cannot be substituted for vehicles previously scheduled for inspection, unless the business provides all required vehicle documentation at least ten (10) business days before the designated inspection time established by the division. (6) If a vehicle inspection reveals deficiencies (fails) and a reinspection is required, then the failed vehicle(s) are to be brought to the division's designated reinspection site within five (5) business days by appointment. If the vehicle is not reinspected within five (5) business days, then a failed vehicle reinspection fee as established by resolution of the board shall be paid to the division. (7) Vehicles that have failed an inspection shall be red - tagged by the division. A red -tag "out of service" decal will be applied to the vehicle by a division employee and the vehicle shall not be used for any business purposes until such time as the vehicle is brought to the division, inspected and approved for operation. Only division employees may remove the red -tag decal. (8) It is a violation of this article to fail to abide by the provisions of this section and to fail to have vehicles inspected. (c) The division has the right to conduct field inspections of all vehicles for hire, at any time. It is a violation for any vehicle to fail to meet the mechanical, safety and signage requirements, of this article. DCA personnel may issue a citation or written warning and may apply a "red tag" decal to any Palm Beach County, Florida, Code of Ordinances Page 21 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE vehicle found not meeting these requirements. The "red tag" will be used for significant safety deficiencies (including but not limited to the following subparagraphs from sections 2 -223: (a), (c), (d), (e), Q), (k), (1), (m), and (r)). The "red tag" must remain on the vehicle until noted deficiencies have been corrected and verified by DCA personnel. Only DCA employees may remove the "red tag" decal. Sec. 19-226. Commercial automobile liability insurance. (a) It shall be unlawful for any vehicle for hire company to operate and transport passengers for compensation until that company has filed with the division and maintains in effect for each vehicle a certificate of insurance which shall insure such vehicle for commercial automobile liability insurance for passenger transportation and shall meet or exceed minimum insurance limits as established by resolution of the board. (b) All insurance policies required shall be issued by insurance companies licensed and admitted to write commercial automobile liability insurance in the state. No policy shall be accepted which is less than a six -month duration. Each policy shall be endorsed to provide for at least thirty (30) days' written notice to the division of any non - renewal of the policy or at least ten (10) days' written notice to the division of any cancellation /non - payment of the policy. Evidence of the renewal of the policy shall be filed with the Division prior to such policy's expiration date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result in denial of a permit(s), revocation or suspension of the permit(s), a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction charge or other such remedies available to the division herein. (c) Each certificate of insurance shall be submitted to the division directly from the insurer (or a duly authorized agent) and said certificate shall include a list of insured vehicles owned by the company, as well as a list of the drivers approved by the insurance company for operation of the vehicles listed on the certificate. The business shall provide the insurance company, as well as the division, with an updated and complete list of drivers and /or vehicles in the event said drivers or vehicles change throughout the licensing year. A new certificate of insurance shall be submitted to the division directly from the insurer (or a duly authorized agent) no later than thirty (30) business days after said change has been made. For vehicles not owned by the business, the division shall receive directly from the insurer (or a duly authorized agent), a copy of the certificate of insurance for said vehicle(s), identifying the owner and the corresponding driver(s) of said vehicle(s) and the name of the associated company, as proof that all have proper commercial automobile liability insurance for passenger transportation that meets or exceeds the minimum insurance limits as established by resolution of the board. It is a violation of this article to fail to abide by these requirements. (d) A properly completed certificate of insurance evidencing all insurance coverages shall be made available to the division upon application for a business permit. Each vehicle must be listed on the certificate(s) by its year, make and vehicle identification number. Certificates of insurance must contain the following name and address as certificate holder and additional insured: Board of County Commissioners of Palm Beach County c/o Division of Consumer Affairs 50 South Military Trail, Suite 201 West Palm Beach, FL 33415 (e) The division may deny, suspend or revoke the business permit of any vehicle for hire company for failure to obtain or maintain insurance as required by this article. Any company which submits false or fraudulent insurance documents shall be subject to immediate denial or revocation. Such companies shall not be eligible to reapply for a business permit for five (5) years. The DCA shall Palm Beach County, Florida, Code of Ordinances Page 22 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE notify the state department of financial services /division of insurance fraud for follow -up investigation and review. Upon denial, suspension or revocation of the business permit, the vehicle for hire company shall be entitled to an appeal according to the provisions in section 19 -229 (f) The division shall suspend the business permit of any vehicle for hire company which fails to ensure that each and every vehicle associated with the company has: (1) A current certificate of insurance provided to the DCA by the authorized agent or insurance company no later than the date of expiration of its previous policy, or (2) A reinstatement notice provided to the DCA no later than the date of cancellation of said policy. (g) Any vehicle for hire company which has had its business permit suspended more than three (3) times in any twelve -month period (as provided for in subsection (f) above) may have such permit revoked for a period of one (1) year. (h) An "administrative insurance reactivation" fee established by resolution of the board, shall be assessed all vehicle for hire companies that are suspended pursuant to subparagraph (f) above. The suspension shall not be withdrawn until the fee is paid to the division. Sec. 19-227. Driver requirements; failure to comply. (a) It shall be unlawful for any person to operate any vehicle for hire within and upon the streets of the county without a county vehicle for hire driver's identification badge (driver's I.D. badge) issued by the division. All applicants for a vehicle for hire driver's I.D. badge shall conform to the following: (1) Be at least twenty -one (21) years of age; (2) Possess a valid State of Florida driver's license as required by the state department of highway safety and motor vehicles and must show proof that he /she has possessed a valid driver's license from any state within the United States for three (3) years prior to applying for a driver's I.D. badge. If a person has not driven for three (3) years in the United States, he /she must obtain the driving record from any other jurisdictions where he /she did drive or if he /she is unable to obtain the driving record, must sign an affidavit under penalty of perjury that he /she has no driving record which would prevent him /her from driving a vehicle in the county; (3) Provide the original form of his /her lifetime state department of highway safety and motor vehicles traffic /driving record report to the division which was secured no more than thirty (30) days before the application /renewal was submitted. Upon initial application, if a driver has resided in Florida less than five (5) consecutive years, a traffic /driving record /history from each state where he /she previously resided must be provided for at least a five -year period; (4) Not have more than three (3) or more separate incidents involving moving violations in any twelve -month period in the previous three (3) years prior to the initial application or renewal of a driver's I.D. Badge in which the applicant plead guilty or was found guilty or have accumulated more than twelve (12) points within a twelve -month period, eighteen (18) points within an eighteen -month period, or twenty -four (24) points within a thirty- six -month period for driving infractions; (5) Not have been classified as a habitual traffic offender (as defined by state statutes) or as defined by the state where he /she previously resided within five (5) years of applying for a driver's I.D. badge and was not previously issued a driver's I.D. badge by the division; (6) Upon initial application or renewal, the driver must provide the original request form for his /her Florida Department of Law Enforcement (FDLE) criminal history /records report to the division, as well as payment for the amount required to secure the criminal history /records report. The Palm Beach County, Florida, Code of Ordinances Page 23 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE division shall then be responsible for processing the request and payment to the FDLE. The division may conduct additional criminal history /records reports of other states /jurisdictions as deemed appropriate. The division may require an applicant to submit to a finger print analysis if there is a question of identity; (7) Have no conviction within the preceding five (5) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated; (8) Have not more than one (1) conviction within the preceding ten (10) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated; (9) Have no more than two (2) traffic citations resulting from accidents in the three (3) years preceding the date of the current permit year wherein the driver has been found guilty; (10) Have no conviction for any first - degree misdemeanor offense relating to or threatening the public safety as determined by the board, or have been released from incarceration for such misdemeanor conviction (whichever is later), within three (3) years before the date of application for a vehicle for hire driver I.D. badge. Said misdemeanor offenses include, but are not limited to, the following: stalking, battery, driving while license is suspended or revoked, carrying a concealed weapon, reckless driving which causes damage to property, racing on highway, criminal possession of a controlled substance /paraphernalia, resisting arrest without violence, or obscenity (selling /distributing sexual material to minor); (11) Have no conviction for a felony offense, relating to or threatening the public safety as determined by the board, or have been released from incarceration for such felony conviction (unless proof is shown that the applicant's civil rights have been restored) (whichever is later), within five (5) years before the date of application for a vehicle for hire driver I.D. badge. Said felonies relating to, or threatening the public safety shall include, but are not limited to, the following: battery, carrying a concealed weapon, discharging a firearm in public, robbery (not armed), burglary (not first degree), criminal sale of a controlled substance, criminal possession of controlled substance /paraphernalia, obscenity (selling /distributing sexual material to a minor or exchanging computer pornography with a minor), a habitual felony offender, aggravated assault, child abuse /neglect, reckless driving with serious bodily injury, fleeing /attempting to elude a law enforcement officer, aggravated fleeing or eluding a law enforcement officer causing serious body injury, luring or enticing a child under twelve (12) (second conviction), resisting an officer with violence, procuring a person under eighteen (18) for prostitution, selling or buying minors for sex trafficking /prostitution, forcing /compelling /coercing a person for prostitution, or abuse /aggravated abuse /neglect of an elderly person or a disabled adult. The division may require applicants to provide the final disposition for felony criminal cases on background checks received by the division from any source. Failure to provide the disposition of such cases shall result in the denial of a driver's I.D. badge; (12) Have no conviction of any of the following offenses determined by the board to be necessary for the protection of public safety (unless proof is shown that the applicant's civil rights have been restored): a. Murder, attempted murder, attempted felony murder, manslaughter, (F.S. ch. 782); b. DUI manslaughter (F.S. § 316.193(3)); c. Sexual battery, attempted sexual battery (F.S. § 794.011); Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. ch. 800); Palm Beach County, Florida, Code of Ordinances Page 24 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE e. Lewd or lascivious offense upon or in the presence or an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. § 825.1025); f. Promote sexual performance by a child, attempted sexual performance by a child (F.S. § 827.071); g. Aggravated child abuse (F.S. § 827.03); h. Failure to register as a sexual predator (F.S. ch. 775) or sexual offender (F.S. § 943.0435); i. Computer pornography, transmission of computer pornography, buying or selling of minors (F.S. ch. 847); j. Kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S. ch. 787); k. Exposure of sexual organs (F.S. § 800.03); I. Aggravated battery, attempted aggravated battery (F.S. ch. 784); m. Armed robbery, attempted armed robbery, carjacking, attempted carjacking, home invasion, attempted home invasion (F.S. ch. 812); n. Poisoning of food or water (F.S. § 859.01); o. First degree burglary or attempted first degree burglary (F.S. § 810.02); p. Arson or attempted arson (F.S. § 806.01); q. Aggravated stalking (F.S. § 784.048); r. Aggravated battery or aggravated assault on a law enforcement officer or other specified officer (F.S. § 784.07); s. Aircraft piracy (F.S. § 860.16); t. Unlawful throwing, projecting, placing, or discharging of any destructive device or bomb or attempting to do so (F.S. § 790.161); u. Facilitating or furthering terrorism (F.S. § 775.31); v. Treason (F.S. § 876.32); w. Any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in the State of Florida. (13) In addition, the person has not been declared to be one of the following: a. A habitual violent felony offender under F.S. 775.084(1)(b); b. A Three -time violent felony offender under F.S. 775.084(1)(c); c. A violent career criminal under F.S. 775.084; d. A prison releasee reoffender under F.S. § 775.082(9)(a); e. A sexual predator under F.S. § 775.21; (14) All vehicle for hire drivers with current driver I.D. badges are required to notify the division within ten (10) business days upon being convicted of any crime; (15) Applicants shall have no unsatisfied civil penalties, judgments or administrative orders pertaining to this article; Palm Beach County, Florida, Code of Ordinances Page 25 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (16) Every application or renewal application for a driver's I.D. badge and application for amendment of a driver's I.D. badge, shall be in writing and signed by the applicant and shall be filed with the county division of consumer affairs on a form provided by the division together with the nonrefundable driver's I.D. badge fees which shall not be subject to proration; Each driver's I.D. badge shall be valid for a two -year period and shall be renewed every other year from the date of the initial /renewal application. The division may deny or revoke a vehicle for hire driver's I.D. badge if it is determined that the applicant has misrepresented, omitted, or concealed a fact on the application, renewal application or replacement application. If the driver's I.D. badge is denied, the division shall not accept an application for said driver's I.D. badge for one (1) year from the date the badge is denied, unless there is less than one (1) year to satisfy the time restrictions in paragraph (a) above related to the following subparagraphs: (4), (5), (7), (8), (9), (10), or (11). In such situations, the applicant will be permitted to reapply for a driver's I.D. badge after the time requirements have been satisfied. If the driver's I.D. badge is revoked, the division shall not accept an application for said driver's I.D. badge for one (1) year from the date the badge is revoked. Any person renewing a driver's I.D. badge must file a renewal application, furnish the documentation requested by the division, and submit payment for the required nonrefundable renewal fee(s) not more than ninety (90) days before the expiration date of a driver's I.D. badge. Persons who fail to reapply for their driver's I.D. badge thirty (30) days prior to expiration, risk having a gap in their authorization to drive a for -hire vehicle. Persons who fail to submit their renewal application, required documentation and fees by the expiration date of the driver's I.D. badge must pay a nonrefundable late fee, over and above the driver's renewal fee. Any applicant who fails to submit a renewal application within one (1) year of the expiration of a current badge will be considered a new applicant when reapplying and no grandfathered provisions will apply. Said fees shall be established by resolution of the board; (17) Submit to photographing (full face exposure /without sunglasses or head coverings) prior to the issuance of the permit/I.D. badge by the division; (18) Complete the driver's I.D. badge registration affidavits provided by the division; (19) Not possess a suspended or revoked driver's license as a result of a moving violation or have any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations of this article; (20) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to correct a violation or any other lawful order of the director; (21) Not be enjoined by a court of competent jurisdiction from engaging in the vehicle for hire business or was enjoined by a court of competent jurisdiction with respect to any of the requirements of this article; (22) Have no conviction in any military or foreign jurisdiction, federal, state, county or municipal jurisdiction within the United States for violations analogous or parallel to those violations enumerated in all sections herein; (23) Not be found by the division to have a lack of reputability as provided herein. For the purposes of this article, lack of reputability shall mean that the division cannot trust the applicant to safeguard the welfare and property of the public. Acts constituting a lack of reputability shall include, but are not limited to, responding to a call while under the influence of alcohol or any controlled substance to the extent where normal faculties are impaired, the unexplained removal of personal property from a vehicle for hire not belonging to the driver, outstanding arrest warrants for the driver applicant, falsification of information in the vehicle for hire application process, or other facts and circumstances that lead the division to believe the applicant's reputation in the community cannot be trusted. Palm Beach County, Florida, Code of Ordinances Page 26 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (b) The driver of a vehicle for hire shall conspicuously display on the driver's person through the use of a neck lanyard, or above the waist on the outermost garment, the driver's I.D. badge issued pursuant to this article so that it is visible and available for inspection to the public, division personnel and all law enforcement officials while engaged and on duty for a vehicle for hire business. (c) Each driver's I.D. badge shall be developed by the division. Each driver's I.D. badge shall, at a minimum, contain the name of the driver, date of expiration, photo of the driver, name of the company(s), and such additional terms, conditions, provisions and limitations as were imposed during the approval process. Drivers are required to submit a notarized affidavit signed by each permitted vehicle for hire company with whom s /he is driving. The affidavit (on a form prepared by the division) shall also include a statement by the business owner that the driver is eligible to be insured under the company's insurance policy. When a driver is no longer driving for a vehicle for hire company, the driver is required to notify the division within ten (10) business days. Failure to follow these requirements shall be a violation of this article. (d) The division may issue a replacement I.D. badge to any driver upon application, payment of a nonrefundable replacement fee, presentation of proof or a sworn affidavit that the I.D. badge has been lost, stolen, change of company, or for any other valid reason, and any other documentation or requirement requested by the division. The replacement fee shall be established by resolution of the board. (e) It shall be unlawful for any person to drive a vehicle for hire unless such person has a valid vehicle for hire driver's I.D. badge issued pursuant to this section. (f) It shall be unlawful for any person to drive a vehicle for any vehicle for hire company which has not been granted a business permit pursuant to section 19 -213 of this article. (g) It shall be unlawful for any applicant for a vehicle for hire driver's I.D. badge to misrepresent, omit or conceal a fact on the application, renewal application or replacement application. (h) Upon submission of the application, the division shall provide the driver with a receipt. No applicant shall be permitted to drive a vehicle for hire in the county until the Division has issued to him /her a driver's I.D. badge. The division shall provide the driver's I.D. badge within ten (10) business days following the submittal of the application and all required documents. In the event the official criminal background records furnished to the division are insufficient and additional information is necessary, the division shall be permitted an additional twenty (20) business days to issue the driver's I.D. badge. (i) No driver shall operate one (1) or more vehicles for hire for more than twelve (12) cumulative hours of driving within any twenty- four -hour period as supported by a required vehicle trip manifest prepared by the driver and maintained by the vehicle for hire company. Q) Drivers are required to provide a smoke free environment inside the vehicle at all times. (k) Beginning on June 1, 2013, in addition to maintaining hygienically clean, well groomed and neat appearance, drivers must wear a collared shirt, long pants or a knee length skirt, and closed shoes. (1) Passengers shall be offered a receipt for the fare collected. (m) Drivers shall not use abusive language or be discourteous to passengers or division personnel. (n) Drivers must be able speak and understand English to the extent they can take instruction from passengers and complete trip manifests and incident /accident reports. (o) Upon initial application for a driver's I.D. badge, the division or designated agency shall examine each applicant and, at a minimum, determine the applicant's knowledge of county geography and his /her ability to understand the English language. A driver is only required to successfully complete the examination one (1) time. A driver /applicant which initially fails either the geography or English test may retake the test within thirty (30) days at no additional charge. If a driver /applicant fails either Palm Beach County, Florida, Code of Ordinances Page 27 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE requirement during the retest, that person will be denied his /her I.D. badge, but may reapply and repay all applicable fees at anytime. (p) Vehicle for hire drivers shall cooperate fully at all times with the division in the furnishing of information required in connection with requests for proof of driver's license, vehicle insurance and /or driver's I.D. badge, during the process of applying to renew a driver's I.D. badge, and during investigations of consumer complaints. Further, vehicle for hire drivers shall not obstruct, hamper or interfere with an investigation of violations of this article conducted by division personnel, any law enforcement officer or employee of any other agency enforcing this article. At no time shall a vehicle for hire driver use abusive language or display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other vehicle for hire drivers, vehicle for hire business owners or their representatives, division personnel, law enforcement officers or any agency authorized to enforce this article. (q) All vehicle for hire drivers who own or lease the vehicle(s) they drive, shall remove and surrender to the division the vehicle decal and driver's I.D. badge within ten (10) business days after he /she is no longer driving for that particular vehicle for hire business. Such owner /driver must also remove all vehicle signage and top lights within ten (10) business days after he /she is no longer driving for the vehicle for hire business. (r) Exemptions: Any person who possessed a valid driver's I.D. badge on the effective date of this article shall be exempt from any new requirements of section 19 -277, subsections (a)(1) —(8), (10)- (13) and (23). However, such persons would be ineligible to receive a driver's I.D. badge and the driver's I.D. badge would be revoked if he /she is convicted of new offenses as described in this article. (s) Failure to comply with the provisions of this section may result in the division denying an I.D. badge, revoking or suspending the driver's I.D. badge, denying a renewal of such driver's I.D. badge, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division herein. Sec. 1 -228. Fraudulent transfer of vehicle for hire company. (a) A transfer of a vehicle for hire company to a successor company shall be deemed a fraudulent transfer if said transfer is made by the vehicle for hire company for the purpose of evading permit fees and /or civil penalties issued pursuant to this article. In determining intent to defraud, consideration may be given among other factors to, whether: (1) The transfer was to an insider; (2) The vehicle for hire company retained possession or control of the property transferred after the transfer; (3) The transfer was disclosed or concealed; (4) Before the transfer was made or obligation was incurred, the vehicle for hire company had been sued or threatened with suit; (5) The transfer was of substantially all the vehicle for hire company's assets; (6) The value of the consideration received by the vehicle for hire company was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (7) The vehicle for hire company was insolvent or become insolvent shortly after the transfer was made or the obligation was incurred; Palm Beach County, Florida, Code of Ordinances Page 28 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE (8) The transfer occurred shortly before or shortly after substantial permit fees or civil penalties were incurred; and (9) The vehicle for hire company transferred the essential assets of the business to a lienor who transferred the assets to an insider of the vehicle for hire company. (b) It shall be a violation of this article for a vehicle for hire company to fraudulently transfer a vehicle for hire company. See. 19-229. Revocation, suspension and denial of permits/I.D. badges; administrative appeal. (a) The division is authorized to deny, suspend or revoke business permit /driver's I.D. badges, upon written notice. Suspensions shall not be more than six (6) months. Companies /drivers not resolving issues related to suspensions within the six -month suspension period will be subject to permit/I.D. badge revocation. Said notice of business permit/I.D. badge denial, suspension or revocation shall be by personal service (to the owner, driver or representative), by certified mail (return receipt requested) or posting in a conspicuous place at the place of business or home of the driver. (b) Upon receipt of the notice of denial, revocation, or suspension of a business permit/I.D. badge, which notice shall specify the grounds for the denial, suspension or revocation, the vehicle for hire company, person or driver shall be entitled to an appeal according to the following: (1) Administrative appeal: Any vehicle for hire company, person or driver which has had a business permit /driver's I.D. badge denied, revoked, or suspended by the division, may appeal such decision to the consumer affairs hearing board /special master within twenty (20) days of receipt of the decision. A non - refundable filing fee must accompany the written request for appeal. The business, person, driver or attorney shall file a written notice of appeal signed by the business officer /owner, driver or attorney requesting a hearing and setting forth a brief statement of the reasons thereof. The filing fee shall be established by resolution of the board. The appeal shall be reviewed at a hearing of the consumer affairs hearing board /special master within sixty (60) days of receipt by the division of the notice of appeal. The vehicle for hire business /person /driver may be represented by an attorney and shall be entitled to present a defense. (2) Orders: At the conclusion of any hearing set forth in this section, the consumer affairs hearing board /special master shall orally render its decision (order) based on evidence entered into the record. The decision shall be by motion approved by the affirmative vote of those members present and voting. The decision shall be stated in a written order and mailed to the vehicle for hire company /driver not later than ten (10) days after the hearing, and shall be deemed final agency action with regard to the matter appealed. (3) Court appeal: Any person may appeal a final determination of the consumer affairs hearing board /special master within thirty (30) days of the rendition of the decision by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for the county. (4) For purposes of appeal, the FDLE criminal history /records reports and the state department of highway safety and motor vehicles traffic /driving record report shall be deemed prima facie evidence and admitted into evidence before the consumer affairs hearing board /special master. (c) All hearings and appeals shall be scheduled and determined as promptly as practicable and in no event more than sixty (60) days from the date the written notice of appeal was filed. Written notice of the time, date, and place of the hearing of the appeal shall be served upon the appellant no later than twenty (20) days prior to the date of the hearing. Said notice of hearing, shall be by personal Palm Beach County, Florida, Code of Ordinances Page 29 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE service, certified mail or posting in a conspicuous place at the place of business or home of the driver or person. Failure of the business to respond within the time frames specified herein or failure to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice. (d) The consumer affairs hearing board /special master shall consider the evidence and documentation as well as the statement offered by any interested party and shall consider the matter de novo and shall, upon the basis of the evidence before it, affirm, modify or reverse the decision of the director. (e) If the consumer affairs hearing board /special master affirms the decision of the director to deny, suspend or revoke a business permit/driver's I.D. badge, the denial, suspension or revocation shall be effective from the date of the consumer affairs hearing board's /special master's written order. All decisions of the consumer affairs hearing board /special master shall constitute final agency action for purposes of further appeal. (f) Suspension of the business permit/driver's I.D. badge: If, at the conclusion of the hearing, the consumer affairs hearing board /special master decides to suspend the business permit /driver's I.D. badge, a time certain shall be set as the period of suspension. Prior to the end of such time certain, those violations for which the suspension was imposed shall be corrected; otherwise, the suspended permit(s) shall be automatically revoked. A fee of fifty (50) percent of the business permit /driver's I.D. badge fee shall be collected to reinstate the suspended permit(s) /driver's I.D. badge. (g) Revocation of business permit/driver's I.D. badge: If, at the conclusion of the permit/driver's I.D. badge, the business /driver shall return the business permit and /or the driver's I.D. badge and remove and return all vehicle decals to the division. A vehicle for hire company or driver whose business permit /driver's I.D. badge has been revoked, shall not be eligible to reapply as a new applicant for a period of one (1) year from the date of revocation. (h) If the consumer affairs hearing board /special master reverses the decision of the director, the director shall issue or restore the business permit /driver's I.D. badge. (i) When the operating permit of a vehicle for hire company has been denied, suspended or revoked, all vehicle for hire services shall immediately cease. Q) In the event a written notice of appeal and accompanying filing fees are not submitted within the times frames outlined in this article, the decision of the director shall prevail. (k) Administrative appeal— Insurance. When an operating permit has been suspended or revoked for failure of the vehicle for hire business to obtain or maintain required commercial liability insurance and the business wishes to appeal the suspension /revocation, the vehicle for hire company may appeal such decision to the consumer affairs hearing board /special master within five (5) days of receipt of the decision. The appeal shall be heard by the consumer affairs hearing board /special master within ten (10) days of receipt of the written appeal. A non - refundable filing fee must accompany the written request for appeal. The filing fee shall be established by resolution of the board. (1) Effect of appeal: An appeal of the decision of the director to suspend or revoke a business permit /driver's I.D. badge shall stay the effective date of the suspension or revocation. A stay does not apply to a revocation or suspension of a business which failed to maintain commercial liability insurance as required by section 19 -226 (m) Hearing procedures. Notwithstanding section 11 A of Palm Beach County Consumer Affairs Ordinance 77 -10 (as may be amended from time to time), the consumer affairs hearing board /special master shall give due regard to competent, reliable and technical evidence which will aid the consumer affairs hearing board /special master in making a fair determination of the matter, regardless of the existence of any common law or statutory rule which might otherwise make improper the admission of such evidence. All parties shall have an opportunity to present evidence Palm Beach County, Florida, Code of Ordinances Page 30 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE and argument on all issues involved, to conduct cross examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. The consumer affairs hearing board /special master may consider any evidence, including evidence of the general reputation of the petitioner. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or unduly repetitious evidence may be excluded but all the other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, (including hearsay) whether or not such evidence would be admissible in a trial in the courts of the state. Orders of the consumer affairs hearing board /special master shall be based on competent and substantial evidence. The petitioner shall have the burden of proof by a preponderance of the evidence. Sec. 19-230. Enforcement. (1) It shall be the duty of the consumer affairs division to enforce the provisions of and initiate proceedings for violations of the vehicle for hire ordinance. (2) The consumer affairs hearing board /special master as provided for in Chapter 9, Article I, of this Code, as may be amended or replaced, shall have jurisdiction over all violations of this article. The consumer affairs hearing board /special master may conduct hearings regarding violations of the vehicle for hire ordinance in accordance with the procedures provided for herein. (3) Whenever, based upon personal investigation and in accordance with the policies and procedures established by the consumer affairs division, the investigator has reasonable and probable grounds to believe that a person has committed a violation of the vehicle for hire ordinance, the officer may issue a citation to the violator which shall include the following information: (a) Date and time of issuance. (b) Name and address of person to whom the citation is issued. (c) Time and date of violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the investigator. (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. (4) The maximum civil penalty which may be levied by citation shall not exceed five hundred dollars ($500.00) per day, per violation. Moneys collected in payment for citations shall be remitted to the consumer affairs division to support the vehicle for hire program. (5) The act for which the citation is issued shall cease upon receipt of the citation, and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the consumer affairs hearing board /special master to appeal the issuance of the citation by the investigator. If the hearing date is not set forth in the citation, a notice of hearing shall be served on the violator as provided in subsection (11) below. Failure of the violator to appeal the decision of the investigator within the timeframe as set forth herein shall constitute a waiver of the violator's right to an administrative Palm Beach County, Florida, Code of Ordinances Page 31 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly. (6) Upon written notification by the investigator that a respondent has not contested the citation or paid the penalty within the time allowed on the citation, or if a violation has not been corrected within the time set forth on the citation, the consumer affairs hearing board /special master shall enter an order ordering the violator to pay the civil penalty set forth on the citation. A hearing shall not be necessary for the issuance of such an order. The order shall include a notice, if applicable, that fine(s) were imposed. (7) Upon appeal of a citation, or at such other times as may be necessary, a hearing before the consumer affairs hearing board may be convened. The following shall apply: (a) Minutes shall be kept of all hearings and all hearings shall be open to the public. (b) At the hearing, the burden of proof shall be upon the county to show by a preponderance of the evidence that a violation does exist. Where proper notice of the hearing has been provided to the violator as provided herein, a hearing may proceed even in the absence of the violator. (c) The formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. Upon determination by the chair of the consumer affairs hearing board or special master, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. (d) Any member of the consumer affairs hearing board /special master, the attorney representing the consumer affairs hearing board, the respondent and his /her attorney may inquire or question any witness present at the hearing. The violator or his /her attorney shall be allowed to cross - examine all witnesses present at the hearing and present testimony and evidence. (e) At the conclusion of the hearing, the consumer affairs hearing board /special Master shall orally render an order based on evidence into the record. In the case of hearings before the consumer affairs hearing board, the decision shall be by motion approved by the affirmative vote of those persons present and voting. An order setting forth findings of fact and conclusions of law shall then be mailed to the violator within ten (10) days of the hearing. (f) If the consumer affairs hearing board /special master finds that a violation exists, the consumer affairs hearing board /special master may order a civil penalty of no more than five hundred dollars ($500.00). Each permit /I.D. badge not in compliance and each day in which a violation of this article exists shall constitute a separate offense. (8) A certified copy of an order imposing a civil penalty against the violator may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriff of the state, including a levy against personal property. The order shall not be deemed a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose the lien, whichever occurs first. After three (3) months, from filing of any such lien which remains unpaid, the consumer affairs hearing board /special master may authorize the local governing body's attorney to foreclose the lien. No lien created pursuant to this article may be foreclosed on real property which is homestead, under Section 4, Article X of the Florida Constitution. (9) If the violator or his designated representative proves at the administrative hearing that the citation is invalid or that the violation has been corrected prior to appearing before the consumer affairs hearing Palm Beach County, Florida, Code of Ordinances Page 32 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE board /special master, the consumer affairs hearing board /special master may reduce the fine or dismiss the violation, unless the violation is irreparable or irreversible. (10) An aggrieved party, including the governing body, may appeal a final administrative order of the consumer affairs hearing board /special master to the circuit court by petition for writ of certiorari. (11) Proper notice of hearing is given where notice has been mailed to the violator by certified mail, return receipt requested, by hand delivery by the sheriff or other law enforcement entity, by leaving the notice at the violator's usual place of residence with some person in the family above fifteen (15) years of age and informing said person of the contents of the notice; or where an investigator, under oath, testifies that he /she did hand deliver the citation to the violator which included a hearing date. (12) Notwithstanding the consumer affairs hearing board /special master process set forth above, the county shall take any other appropriate legal action, including, but not limited to, administrative action, enforcement through an alternative code enforcement ordinance pursuant to F.S. ch. 162, pts. I and II, and requests for temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional cumulative remedies. Sec. 19-231. Violations. (a) False statements on applications. It shall be unlawful for any person to knowingly and intentionally make or cause to be made any false statement in writing or the omission of material information for the purpose of procuring a vehicle for hire permit, vehicle decal or driver's I.D. badge or to knowingly and intentionally make any false statements or entries or material omissions on the records required to be kept by this article. (b) Failure to comply with the provisions of this section may result in the division denying a permit(s) /driver's I.D. badge, revoking or suspending the permit(s) /driver's I.D. badge, denying the renewal of such permits, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division herein. Sec. 19 -232. Appeals. Any person may appeal a final determination of the consumer affairs hearing board /special master within thirty (30) days of the rendition of the decision by filing a notice of administrative appeal in the Circuit Court of the Fifteenth Judicial Circuit in and for the county. Sec. 1 -233. Fees. All fees required by this article and established by resolution are non - refundable and shall be deposited in a separate county account and used exclusively to accomplish the purposes of this article. Sec. 19-234. Penalties. Any person convicted of violating any portion of this article shall be punished as provided by law. Palm Beach County, Florida, Code of Ordinances Page 33 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE Sec. 19-235. Start -yap. (a) Renewal of existing permitted vehicle for hire companies and vehicle decals shall become effective March 1, 2009. Renewal applications for the licensing period which begins March 1, 2009 must be submitted to the division by December 31, 2008. Late fees for renewal applications will apply as of January 1, 2009. Enforcement of all other sections of the article, unless excluded in this section, shall become effective upon the effective date of this article. (b) Vehicles being used and decaled prior to the effective date of this article must comply with the trade name, color scheme and signage requirements when permit applications or renewals are submitted for the permit year which begins May 1, 2014. (c) After March 1, 2009 new vehicles added to the fleet of existing permitted companies or newly permitted companies will be subject to all requirements of this article. (d) The mechanical /safety inspection requirements of section 19 -225 shall not be required until application renewals are submitted for the permit year which begins January 1, 2010. After March 1, 2009 all new or replacement vehicles added to existing fleets of currently permitted companies or from newly permitted companies shall be required to meet the mechanical /safety inspection requirements. (e) Beginning on June 1, 2016, all existing taxicab companies licensed in Palm Beach County will be required to accept as a method of payment for the fare (in addition to cash or other forms of payment acceptable to the company), a bank debit card or credit card, including, but not limited to, Mastercard, Visa, and Discover, without additional charge or premium. (f) Beginning on June 1, 2013, any new taxicab or van /shuttle companies with seven (7) or more vehicles, shall have at least one (1) handicap accessible vehicle available, and the rates and fees shall not differ from the rates for non - disabled passengers. Sec. 19 -236. Repeal of lags in conflict. All local laws and ordinances applying to the unincorporated area of the county in conflict with any provision of this article are hereby repealed to the extent of any conflict. Sec. 19-237. Savings clause. Notwithstanding section 19 -236 regarding repeal of laws in conflict, all administrative and court orders, fines, and pending enforcement issued pursuant to this authority and procedures established by Ordinance No. 2001 -15 shall remain in full force and effect. Sec. 19 -238. Jurisdiction. This article shall be effective throughout the unincorporated areas of the county. This article shall be effective in municipalities unless the municipality opts out or shall be effective up to the extent of conflict with the municipal ordinance. Palm Beach County, Florida, Code of Ordinances Page 34 - PALM BEACH COUNTY CODE Chapter 19 - MOTOR VEHICLES AND TRAFFIC ARTICLE IX. VEHICLES FOR HIRE FOOTNOTE(S): Palm Beach County, Florida, Code of Ordinances Page 35