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Agenda Reg 08-05-03
City of Delray Beach Regular Commission Meeting Tuesday. August 5. 2003 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW ]zt Avenue Delray Beach, Florida 3~.~.~. Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this sect/on. Comments and Inquiries on Non-Agenda Items from the Pubhc: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Ce Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRF,88ING 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 PROCEDURE8 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 amriliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 CrDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetin~ in the Commission Chambers. 2. 3. 4. 5. ROLL CAt J.. INVOCATION. PLEDGE OF At.t.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · July 22, 2003 - Regular Meeting PROCLAMATIONS: City of Delray Beach Fire Fighter Appreciation Week - August 252 - September 1, 2003 Recognizing and Commending the People of Jamaica PRESENTATIONS: RESOLUTION NO. 51-03: Recognizing and Commending Ellen Wicker for 30 years of dedicated service to the City of Delray Beach. CONSENT AGEND3c City Manager Recommends Approval. FINAL SUBDMSION PLAT APPROVAL/POINTE AT LAMBERT TRAILER COURT: Approve the subdivision plat for Pointe at Lambert Trailer Court, located on the southeast comer of S.E. 5* Avenue and East Atlantic Avenue. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Dekay Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. PALM BEACH COUNTY SPORTS COMMISSION/CITY OF DELRAY BEACH AGREEMENT: Approve an agreement between the City of Delray Beach and the palm Beach County Sports Commission for the development of a Community Olympic Development Wrestling Program at Atlantic High School in the amount of $10,000.00. Funding is available from 115-4924-572-49.90 (Special Projects Fund/Other Current Charges). Do CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total amount of $11,200.00 with four (4) sub-recipients (Southwest President's Association, Delray Beach American Little League, Expanding and Preserving Our Cultural Heritage (EPOCH), and Children Learning After School Sessions, Inc. (CLASS)) under the Weed & Seed program for FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). 08-05-2003 MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA. INC.: Approve an agreement between the City of Delray Beach and Motorola, Inc. for the maintenance and support of the Police Department's field computer applications. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs). ACCEPTANCE OF INTERLOCAL AGREEMENT/BUS SHELTERS: Approve and accept an interlocal agreement between the City of Delray Beach and Palm Beach County for reimbursement funding regarding the installation of forty-seven (47) transit bus shelters throughout the City. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement between the City, Jo'mt Venture, and Old School Square and proposed budget for the First Night 2004 Event. TEMPORARY SERVICES/PLANNING AND ZONING DEPARTMENT: Approve an increase in the amount of $7,001.00 to the existing purchase order for temporary services for the Planning and Zoning Deparunent, to a total of $22,000.00. REVIEW OF APP~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 21, 2003 through August 1, 2003. AWARD OF BIDS AND CONTRACTS: Contract award to Atlantic Painting & Sandblasting, Inc. in the amount of $47,300.00 via the Martin County Contract for sandblasting and painting the metal surfaces within Clarifier No. 3 at the Water Treatment Plant. Funding is available from 441-5122-536-46.90 (Other Repair/Maintenance). Purchase award to FiberCat Networking in the amount of $45,870.82 for new surveillance computer/video monitors for the Water Treatment Plant Control Room. Funding is available from 441-5122-536-64.90 (Other Machinery/Equipment). Purchase award to the Dictaphone Corporation in the amount of $66,919.70 via GSA Contract #GS-03-F-4040B for a replacement voice recording system for the Police DeparLment Communications Center. Funding is awihble from 001- 2113-521-64.90 (Other Machinery/Equipment). Contract award to the Florida Coca-Cola Bottling Company for beverage vending services and fountain services. 08-O5-2O03 = 3 - 10. REGULAR AGENDA: SPECIAL EVENT REOUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 1'* Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 3-4, 2004 from 11:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure and use of N.E. 1't Avenue north of the grounds of Old School Square to N.E. 1st Street, staff assistance for traffic control/security, trash removal/clean up with event signage to be installed one week prior to the event; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and approval from the CRA for the use of their parking lot. PUBLIC COMMENTS/FY 2004 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this time. PUBLIC HEARINGS: ORDINANCE NO. 22-03 .(FIRST READING/FIRST PUBLIC HEARING~: An ordinance amending the Land Development Regulations Section 4.4.11 "Neighborhood Commercial" Zoning District to clarify the uses subject to the special regulations section and to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing, Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a principal use. If passed, a quasi-judicial public hearing will be scheduled for August 19, 2003. ORDINANCE NO. 24-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance mending the Land Development Regulations regarding parking requirements for self service storage facilities within the North Federal Highway Overlay District. (Quasi-Judicial Hearing) ORDINANCE NO. 20-03 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2003-02 includes: Redevelopment Plan for the Wallace Drive Industrial Area. Amendments to the Text of the Comprehensive Plan include: a) Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). b) Creation of Future Land Use Element Policy C-1.7 to reflect completion of a Neighborhood Redevelopment Plan for the Southwest Area. 11. 12. 3. Amendments to the Future Land Use Map include: a) Future Land Use Map Amendment from TRN (Transitional) in part and OS-C (Open Space-Conservation) in part to MD (Medium Density Residential 5-12 du/ac) for a 0.509 acre portion of the Delray Harbor Club Condominium Development, located on the east side of U.S. Highway 1, approximately 650' south of S.E. 10~ Street. b) City initiated Future Land Use Map Amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities- Churches) in part for the Wallace Drive Redevelopment Area. c) City initiated Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: South of West Atlantic Avenue and North of S.W. 1't Street, between S.W. 8~ Avenue and S.W. 12~ Avenue ii. East and West Sides of S.W. 5th Avenue, south of S.W. l't Street iff. Northwest comer of S.W. 1't Street and S.W. 44 Avenue COMMUNITY ]DISYI~LOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN ~ 2003 - 2004): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST Riq. ADINGS: ORDINANCE NO. 25-03: An ordinance designating the Amelung House located at 106 N.E. 124 Street to the Local Register of Historic Places. If passed, a public heating will be scheduled for August 19, 2003. ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code of Ordinances relating to the immobilization regulations on private property. If passed, a public heating will be scheduled for August 19, 2003. 08-05-2003 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: AUOU8T '1, 2003 08-05-2003 JULY 22~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 22, 2003. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk The opening prayer was delivered by Pastor Jean Lyonel, Light of Hope Tabernacle Church. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL: Ms. McCarthy moved to approve the Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mayor Perlman noted a correction to the Minutes of July 8, 2003 on page 21 and stated the word "loose" should read "lose". The City Clerk so noted. Mr. Costin moved to approve the Minutes of the Regular Meeting of July 8, 2003, as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Minutes of the Special Meeting of July 15, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: None. PRESENTATIONS: 7.A. RESOLUTION NO. 45-03: Recognizing and Commending Fire Fighter Tommie Osborn of Delray Beach Fire-Rescue Staff for participation in the World Police and Fire Fighter Games in Barcelona, Spain. The caption of Resolution No. 45-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIRE FIGHTER TOMMIE OSBORN FOR HIS UPCOMING PARTICIPATION IN THE "WORLD POLICE AND FIRE FIGHTER GAMES" IN BARCELONA, SPAIN. (The official copy of Resolution No. 45-03 is on file in the City Clerk's office.) Mayor Perlman read and presented Resolution No. 45-03 to Tommie Osborn, Firefighter of the Delray Beach Fire-Rescue staff for participation in the World Police and Firefighter Games in Barcelona, Spain. Tommie Osbom came forward to accept the resolution. Mr. Levinson moved to approve Resolution No. 45-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 7.B. RESOLUTION NO. 46-03: Recognizing and Commending Delray Beach Fire- Rescue Staff for regional qualification to participate in the World Combat Challenge in Ottawa, Canada, November 6-9, 2003. The caption of Resolution No. 46-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THE DELRAY BEACH FIRE RESCUE COMBAT CHALLENGE TEAM FOR THEIR REGIONAL QUALIFICATION AND FUTURE PARTICIPATION IN THE "WORLD COMBAT CHALLENGE" IN OTTAWA, CANADA. (The official copy of Resolution No. 46-03 is on file in the City Clerk's office.) Mayor Perlman read and presented Resolution No. 46-03 to the Delray Beach Fire-Rescue staff for regional qualification to participate in the World Combat Challenge in Ottawa, Canada, November 6-9, 2003. On behalf of the Delray Beach Fire-Rescue staff, -2- 07/22/03 Lieutenant Michael Wise came forward to accept the resolution. Mr. Costin moved to approve Resolution No. 46-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/LINTON TRUSS CORPORATION: Approve and accept a 5 foot right-of-way deed for S.W. 4th Avenue associated with the Linton Truss Corporation, located on the east side of S.W. 4th Avenue, approximately 860' north of Linton Boulevard (1455 S.W. 4th Avenue). 8.B. RESOLUTION NO. 47-03: Approve Resolution No. 47-03 releasing the Jettinghoff Property fi.om restrictive covenants imposed by Palm Beach County. The caption of Resolution No. 47-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELEASING CERTAIN RESTRICTIONS AND LIMITATIONS CONTAINED IN THAT DECLARATION OF RESTRICTIONS RECORDED IN THE PUBLIC RECORDS ON THE PROPERTY KNOWN AS THE JETTINGHOFF PROPERTY AND AS LEGALLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 47-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 48-03: Approve Resolution No. 48-03 releasing the Triad Property from restrictive covenants imposed by Palm Beach County. The caption of Resolution No. 48-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELEASING CERTAIN RESTRICTIONS AND LIMITATIONS CONTAINED IN THAT AFFIDAVIT OF POTENTIALLY BUILDABLE LOT RECORDED IN THE PUBLIC RECORDS ON THE PROPERTY KNOWN AS THE TRIAD PROPERTY AND AS LEGALLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 48-03 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 49-03: Approve the Master Lease Purchase Agreement between the City and Bane of America Leasing and Capital, L.L.C. for the financing of telephone equipment for the City. The caption of Resolution No. 49-03 is as follows: -3- 07/22/03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA LEASING & CAPITAL, LLC; AUTHORIZING A LEASE OF TELEPHONE EQUIPMENT THEREUNDER; AUTHORIZING THE EXECUTION OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO COMPLETE THE TRANSACTIONS CONTEMPLATED HEREBY; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 49-03 is on file in the City Clerk's office.) 8.E. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $16,000.00 for 122 N.W. l0th Avenue. This brings the number to 152 homeowners assisted tinder the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $19,026.00 to allow the applicant to secure new financing. 8.G. SERVICE AUTHORIZATION NO. 8/DIGBY BRIDGES~ MARSH & ASSOCIATES~ P.A.: Approve Service Authorization No. 8 to Digby Bridges, Marsh & Associates, P.A. in the amount of $23,000.00 for the development of a master plan for the Catherine Strong Center. Funding is available fi.om 334-4183-572-63.90 (Catherine Strong Center/Other Improvements). 8.H. SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a special event request to allow the 4th Annual Columbus Day Italian Fiesta sponsored by the Order Sons of Italy in America Lodge #2719, to bc held on October 11-12, 2003 from 12:00 noon until 10:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for thc use of Veterans park, staff assistance for traffic control/security, trash removal/clean up, EMS assistance, waiver of 2- hour parking limit, event signage to be installed no earlier than October 2, 2003; contingent on the sponsor providing a hold harmless agreement and certificate of insurance. 8.I.__: REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 7, 2003 through July 18, 2003. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of road construction materials for the City, via Co-op Bid #2003-31 at an estimated annual cost of $108,978.00. Funding is available fi.om various departments (streets division/construction division) operating budget and capital project accounts. -4- 07/22/03 Purchase award to Fischer Scientific Company in the amount of $36,236.95 for the purchase of an integrated Personal Alert Safety System (PASS) for the Scott Aviation Self-Contained Breathing Apparatus (SCBA) used by the Fire Department. Funding is available fi.om 334- 6112-519-64.90 (General Construction Fund/Other MachineryfEquipment). Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST TO REDUCE PAVEMENT WIDTHfBEXLEY PARK: Consider a request to waive LDR Section 6.1.2 (C)(3)(a) to reduce the pavement width fi.om 24 feet to 20 feet, with a 2 feet valley gutter on each side for the residential streets located within the Bexley Park Development, located north of the L-31 Canal, between Barwick Road and Military Trail. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings for this item and all subsequent Quasi-Judicial Heating items held this evening. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-214 into the record. Paul Dorling, Director of Planning and Zoning, stated on June 16, 2003, the Planning and Zoning Board approved a Master Plan for Bexley Park. In conjunction with the Master Plan approval, the Board recommended to the City Commission approval of a reduction in the pavement width of the streets from 24' to 20', with a 2' valley gutter on each side, based upon positive findings with respect to LDR Section 2.4.7(B)(5). The City Engineer has reviewed the request to reduce the pavement width fi.om 24' to 20' and is in support of the reduction. The reduced pavement width will provide for 20' of drive aisle, which is bordered by a 2' valley gutter on each side. While our city standard does not provide for the reduced pavement width when using a valley curb, this is an acceptable standard for many other municipalities and Palm Beach County, and is often recommended as a traffic calming measure. -5- 07/22/03 Staff recommends a reduction in pavement width of the streets from 24' to 20' with a 2' valley gutter on each side for Bexley Park, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Michael Weiner, Attorney representing the applicant, stated they have met the burden of proof. Mayor Perlman declared the public heating open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Costin moved to approve the waiver request based upon positive findings with respect to LDR Section 2.4.7(B)(5) as contained in the Planning and Zoning Staff Report finding consistency with the Comprehensive Plan, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR IN-LIEU PARKING SPACES/PIZZA RUSTICA: Consider a request by Pizza Rustica for the purchase of two (2) in-lieu parking spaces in the amount of $28,000.00. Pizza Rustica is located at 1155 East Atlantic Avenue. (Quasi-JudicialHearingO The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-258 into the record. At its meeting of June 24, 2003, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Francisco Perez-Azua, applicant, stated Pizza Rustica will be a restaurant/pizza parlor where pizza will be sold by the slice. Mr. Perez-Azua stated the owner is hoping to capitalize with the pedestrian traffic from the hotels along east Atlantic Avenue and people who frequently use the beach. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding the request for in-lieu parking spaces, the public hearing was closed. Mrs. Archer moved to approve the request from Pizza Rustica for the purchase of two (2) in-lieu parking spaces in the amount of $28,000, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -6- 07/22/03 9.C. CONSENT TO ASSIGNMENT/PILGRIM BELLE CRUISES, L.L.C.: Consider approval of thc Consent to Assignment with Pilgrim Belle Cruises, L.L.C. which will acquire the Ramblin' Rose Riverboat, Inc. license agreement for Veterans Park. The City Attorney stated this is the Consent to Assignment with Pilgrim Belle Cruises, L.L.C. In addition to the Consent to Assignment, the City Attorney stated they would like to discuss additional cruises for educational purposes. The City Attorney stated the assignment provides that all terms and conditions of the contract and amendment shall be binding on Pilgrim Belle Cruises L.L.C. Also, the automatic reassignment to Ramblin' Rose Riverboat, Inc. or Dane Mark as contained in the previous Consent to Assignment will be nullified, if the Commission enters into the current assignment agreement. Mr. Levinson asked if the size of the vessel meets the requirements as identified in the lease. In response, Mr. Reardon stated the size of the vessel meets the requirements. Joe Reardon, President of Pilgrim Belle Cruises, stated he has been in the cruise business for twenty-four years. Mr. Reardon stated aside from offering the riverboat cruises he would also like to provide "ECO Tours" or "Floating Classrooms". Mr. Reardon explained that this is basically set up in stations geared towards younger age groups to get them to have their first experience with the marine environment. Mr. Reardon stated this would not have any further impact on the park or the waterway. Mayor Perlman commented on the video and stated the boat looks great. Mayor Peflman asked staff about the requirement of an additional vessel and asked if this will create any potential issues. The City Manager stated this should not create any issues. Mrs. Archer asked what months the boat will operate here. In response, Mr. Reardon stated this year they are planning to have the boat here on November 1, 2003 through May 2004. Mr. Reardon stated his goal is to have a boat here year round within two years (2005). Mr. Reardon stated their goal is to leave the boat here and after its second season the new boat will go to Plymouth, Massachusetts. Mr. Costin expressed concern over there being any liability for the city. The City Attorney stated the city is not running the company and this would be Mr. Reardon's liability. Furthermore, the City Attorney stated there are indemnification clauses in the contract. Ms. McCarthy stated the company has a good reputation in Massachusetts. Mrs. Archer stated this sotmds like a good idea and she supports. Prior to the vote, Mr. Costin asked who will be operating the vessel. In response, Mr. Reardon stated he will be operating the vessel and the crew will consist of four people per vessel. Mrs. Archer moved to approve the Consent to Assignment with Pilgrim Belle Cruises, L.L.C. which will acquire the Ramblin' Rose Riverboat license agreement for Veterans Park subject to the nullification of the "Consent to Assign" in the previous agreement, seconded -7- 07/22/03 by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, it was the consensus of the Commission that they would like Mr. Reardon to consider the educational tours and provide the Commission with information at a later date. 9.D. RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of Wallace Drive right-of-way (formerly Germantown Road), located on the west side of S.W. l0th Avenue, between S.W. l0th Street and Wallace Drive. The caption of Resolution No. 32-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF WALLACE DRIVE RIGHT- OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W. l0TM STREET AND WALLACE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution. No. 32-03 is on file in the City Clerk's office.) Paul Dorling, Director of Planning and Zoning, stated this right-of-way for Wallace Drive corresponds with the previous alignment and was dedicated with a subdivision plat in 1950 which consists of approximately 20,557 square feet. The request was originally considered by the Planning and Zoning Board at their meeting of July 19, 1999. The recommendation for approval occurred 4 years ago when minimal development activity was occurring in that area and the Wallace Drive Redevelopment Plan was not completed. The Wallace Drive Redevelopment Plan has been reviewed by the Planning and Zoning Board and will be forwarded to the Commission. Mr. Dorling stated this Plan along with Future Land Use Element Policy C-2.3 states that unimproved and under improved rights-of-way shall be abandoned when it facilities aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow. Rather than abandoning the right-of-way and the City of Delray Beach retaining property that will not be of adequate size to utilize for a public purpose, the property should be aggregated in its entirety or the entire right-of-way retained which would increase the development potential of the property for a public purpose. Dan Carter~ Landscape Architech 74 N.E. 5th Avenue~ Delra¥ Beach (representing Roof & Rack)~ stated that approximately three years ago this development process began. Mr. Carter stated since they have gone through all the approval processes, the Wallace Redevelopment Plan has occurred. The only thing they are lacking in order to proceed with the development is three conditions of approval set by SPRAB (cross-access agreement -8- 07/22/03 with the retail store, the abandonment process, and a recorded plat approval). Mr. Carter stated with the plat approval, staff requested that they unify three parcels. Mr. Carter stated staff and all Review Boards did recommend the right-of-way abandonment. Mayor Perlman stated he spoke to staff today and they may be willing to accept $I0,000 as an offer and commented that this is an unusual situation in that the applicant owns land on the west side of the right-of-way while the City owns land on the east side. Mr. Carter stated the $10,000 offer is acceptable. Ms. McCarthy stated it is her understanding this project does not conflict with the Wallace Plan. Mr. Carter stated Ms. McCarthy is correct and reiterated that this plan does not conflict with the Wallace Plan. Prior to the vote, Mrs. Archer commented that given the location of this piece of property, she would hope that there is some kind of barrier to prevent people from accessing Wallace Drive onto this piece of property. Mr. Dorling stated he is confident the applicant will use this for retention and landscaping. He noted this is consistent with the Wallace Plan and should act as a barrier as well. Ms. McCarthy moved to approve the abandonment of 80 feet of right-of-way for Wallace Drive with 40 feet going to each of the adjacent property owners (Roof and Rack to the west and the City to the east) and approved the sale of the eastern 40' of the abandonment area and the adjacent portion of Lot 12 and 13 currently owned by the City to the applicant for $10,000; subject to the three conditions and positive findings as listed in the Planning and Zoning Staff Report, seconded by Mr. Costin. 9.E. ADOPTION OF THE HISTORIC PRESERVATION DESIGN GUIDELINES: Approve and adopt the Historic Preservation Design Guidelines. Paul Dorling, Director of Planning and Zoning, stated the Historic Preservation Design Guidelines for Defray Beach were developed in 1990. An update has been undertaken over the past six months and funded with a 50/50 matching grant from the Florida Division of Historical Resources, Bureau of Historic Preservation. The Historic Preservation Board held four public hearings (January 8, 2003, March 3, 2003, April 30, 2003, and June 23, 2003) to review the text and layout for the Delray Beach Historic Preservation Design Guidelines. Ellen Ugucciohi, consultant with Janus Research, briefly explained the key components of the Historic Preservation Design Guidelines. Mr. Levinson thanked Wendy Shay, Ellen Ugucciohi, and the Planning and Zoning staff and stated he spoke to some architects who informed him that this gives them more clarity as what to expect when they come before the Planning and Zoning Board. Mrs. Archer commended staff for a job well done. Mr. Costin stated this will go a long way in helping the City of Delray Beach preserve its heritage. -9- 07/22/03 Mayor Perlman congratulated Ms. Uguccioni for the great work and also thanked Mary Lou Jamison and the Historic Preservation Board for a job well done. Mrs. Archer moved to adopt the Delray Beach Historic Preservation Design Guidelines as presented, pursuant to LDR Section 2.2.6(D)(19), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F~ SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Consider approval of a special event request to allow the 1st Annual Haitian Cultural Festival sponsored by Rex Entertainment Community, to be held on September 14, 2003 from 1:00 p.m. until 11:00 p.m. on the grounds of Old School Square and the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the use of a portion of N.E. 1st Avenue north of the grounds of Old School Square, staff assistance for traffic control/security, trash removal/clean up, EMS assistance, and barricade set up with event signage to be installed no earlier than September 5, 2003; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and payment of City costs per event policies/procedures. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider approval to allow the 1st Annual Haitian Cultural Festival sponsored by Rex Entertainment Community to be held on September 14, 2003, from 1:00 p.m. until 11:00 p.m. on the grounds of Old School Square and the CRA parking lot. In addition, Mr. Barcinski stated the Commission is requested to authorize staff support for traffic control and security, EMS assistance, trash removal, event signage, barricade set up and to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of a portion of NE 1st Avenue north of the grounds at Old School Square. The estimated overtime for this event is $3,500 plus approximately $450 for signage and barricade rental. The event sponsor does not have a non-profit exemption and per the city's policies would be charged 50% of all costs over $1,000. Mayor Perlman asked what the need is for a ten hour event. In response, Lincoln Joseph, Director of Haitian Culture Festival (704 S. Swinton Avenue, Delray Beach) stated their intention is to raise awareness about the Haitian Culture and he would like to keep it open all day so that people who are not able to make it at a certain time will have the opportunity to come and go at their convenience. With regard to special events, Mr. Levinson stated historically from 12:00 noon until 5:00/5:30 p.m. crowds are not typically very large. Mr. Levinson commented about the cost factor involved and suggested Mr. Joseph revisit the issue to make sure that money is not being spent for games and rides that are not going to be used. Mr. Levinson continued to state that although someone may wish to arrive at 4:30 p.m. it may not be worth having just that fewer number of people with regard to the costs. Mrs. Archer concurred with comments expressed by Mr. Levinson and suggested perhaps 3:00 p.m. or 4:00 p.m. may be a better starting time. -10- 07/22/03 Ms. McCarthy stated she too has experienced the same thing as well with June, July, and August events. She suggested that Mr. Joseph be aware and pay attention to those first 3-4 hours of the event this year to see how many people attend, etc. Ms. McCarthy stated the Commission would like some feedback from Mr. Joseph so that when he plans the event next year if he finds that there were more people who came because of the time of the year and this proves to be unfounded, then he would need to make the Commission aware of it. Mr. Levinson moved to approve the special event request to allow the 1st Annual Haitian Cultural Festival to be held on September 14, 2003, from 1:00 p.m. until 11:00 p.m. on the grounds of Old School Square subject to staff recommendations, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.G. PROPOSED MILLAGE RATE: Consider approval of the proposed millage rate for FY 2004. The City Manager stated the proposed budget is based on continuing the city's millage at 8.00 mills including both operating and debt service. The City Manager stated if the Commission wishes to reduce the millage at a later date they can. However, the City Manager stated it is a very difficult process to increase the millage. The City Manager stated 8.00 mills is the millage the property appraiser's office will use in notifying individual taxpayers what their proposed tax bill will be for the coming year. Mr. Levinson stated he is looking forward to reviewing the proposed budget. Mayor Perlman stated historically nothing has been done with the general employee pension and commented the last couple of years there have been some issues with the Police and Fire Pension. Mayor Perlman stated he is looking forward to the Workshop Meeting to discuss the possibility of getting more revenue because every year the cost of doing business appears to be going up. Mayor Perlman stated the City Manager has done a terrific job under difficult circumstances. Mayor Perlman stated many things are beyond the city's control (i.e. market forces, insurance markets) and commented that these are some huge challenges. Mrs. Archer stated she appreciates the City Manager's efforts and commended him for a job well done. Ms. McCarthy asked when the City Manager expects the land taxes to become real property taxes. Ms. McCarthy stated there had to of been sales that took place for the first six months of this year that will turn around and benefit the tax revenue this fiscal year and she feels the city should benefit from it. Secondly, Ms. McCarthy commented about the revenues generated from fines and forfeitures anticipated to increase by 4.2% and asked if this includes the increase in the ticket prices that the city has accrued as well. The City Manager stated this is correct. -11- 07/22/03 Mr. Levinson stated he was asked why can't government grow only at the rate of inflation in terms of taxes and reduce the tax when the value goes up so that the net effect was purely just an increase at the rate of inflation. Mr. Levinson stated he tried to successfully explain that insurance in their own homes, health, pension, and stock portfolios are not linear based upon a pure percentage of CPI. Mr. Levinson stated he feels when people understand this then they realize many of these costs do not grow at the same rate as CPI. The City Manager stated since 9/11, Police and Fire salaries have increased faster than salaries generally. The City Manager stated when these costs rise higher than the average it has a huge impact on the budget. The City Manager stated he had hoped electricity prices would turn around like the oil prices have. However, the City Manager stated he does not foresee this happening because FPL is very dependent on natural gas for power production and they expect it to be 4-5 years before there is any relief in natural gas prices. Mr. Costin stated there is absolutely no control over some of the costs. Mr. Costin stated the City Manager has done a very commendable job in adjusting for those needs. Mr. Levinson moved to approve the proposed millage rate at 8.00 mills, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Leonard Epstien as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending October 27, 2003. Based on the rotation system, the appointment will he made by Mayor Perlman (Seat #5). Mayor Perlman moved to appoint Gary Rosen as a regular member to the Delray Beach Housing Authority for an unexpired term ending October 27, 2003. Mr. Costin so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the Agenda. -12- 07/22/03 10~ PUBLIC HEARINGS: 10.A. RESOLUTION NO. 44-03: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2004 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 44-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON- ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 44-03 is on file in the City Clerk's office.) A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated this is a resolution establishing a budget for the stormwater utility system and the rates for the fiscal year 2003/2004. The City Manager stated the city does not propose any change in the stormwater utility rates for the coming year. Mayor Perlman declared the public hearing open. There being no one who wished to address thc Commission regarding Resolution No. 44-03, the public hearing was closed. Mr. Levinson moved to adopt Resolution No. 44-03, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Periman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 17-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.6.9 (E)(3)(d) regarding payment of in-lieu fees. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 17-03 is as follows: -13- 07/22/03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATION OF PARKING SPACES", PROVIDING THAT OWNERS OF PARCELS LOCATED IN AREA 1 AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY PAY IN-LIEU FEES IN INSTALLMENTS THROUGH AN IN-LIEU OF PARKING FEE AGREEMENT AND THAT ALL IN-LIEU FEES PAID IN FULL SHALL BE DUE UPON THE ISSUANCE OF A BUILDING PERMIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 17-03, the public hearing was closed. Mm. Archer moved to adopt Ordinance No. 17-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 19-03: An ordinance amending Ordinance No. 14-02 eliminating the requirement to include the amount of civil penalties owed on the notices affixed to the vehicle. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 19-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 14-02 THAT PROVIDED FOR THE IMMOBILIZATION OF VEHICLES BY THE CITY FOR THE COLLECTION OF OUTSTANDING PARKING FINES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-03 is on file in the City Clerk's office.) -14- 07/22/03 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 19-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 19-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. IO.D. ORDINANCE NO. 24-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations regarding parking requirements for self service storage facilities within the North Federal Highway Overlay District. If passed, a second quasi-judicial public hearing will be scheduled for August 5, 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 24-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING A PORTION OF SECTION 1 OF ORDINANCE NO. 7-03 WHICH AMENDED THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", BY REPEALING SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C) PROVIDING FOR PARKING RATES FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 24-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinances. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated staff originally recommended one space for every 50 storage units. The applicant proposed a one (1) parking space for every 100 storage units and the City Commission directed staff to meet with the -15- 07/22/03 applicant to come up with a compromise. Staff recommends that self service storage facilities in the North Federal Highway Overlay District provide one (1) parking space for every 100 storage units, or portion thereof, including: (a) a minimum of three (3) loading spaces for the self- service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self-storage use, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self-storage use. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 24-03, the public hearing was closed. Mr. Levinson moved to approve Ordinance No. 24-03 on First Reading/First Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. ll.A. Cit~ Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by Mrs. Finst about development in Bexley Park driving the wildlife out of the area and ending up on the city's park, the City Manager stated he does not believe this will be a significant problem for this area. The City Manager stated there is still more than 15 acres of privately owned undeveloped land on the southeast comer of Bexley Park and there is also a great deal of undeveloped land north of the canal. The City Manager stated staff believes whatever wildlife is in the area will still find places to go and it will not fall on the city because of development. Therefore, the City Manager stated he believes the city does not need to take any further action with regard to this issue. ll.B. From the Public. ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delra¥ Beach (President's Council), expressed concern over the Carver Square development and stated no one is taking the responsibility to help these neighbors. Ms. Zimmerman stated these homes are sinking/cracking and she urged the Commission to help the residents of Carver Square. Mayor Perlman suggested that Ms. Zimmerman contact the CRA because he understands there is interest at this agency in working with a private developer for this area. ll.B.2. Patricia A. Nelson, 305 S.W. 7th Avenue~ Delra¥ Beach, stated it is her understanding the city donated land for Habitat for Humanity and two months after moving into her home she started having serious health problems. Ms. Nelson stated the homes in Carver Square were built on a land fill and inquired about the records regarding the land fill Ms. Nelson stated her family has suffered enough and urged the Commission to help resolve this issue. ll.B.3. Bunnie Elrod, 302 S.W. 1st Avenue, Delra¥ Beach (realtor), stated the Carver Square Subdivision has areas that are sinking due to a claim that it was built on a garbage dump. -16- 07/22/03 Ms. Elrod stated many of the homes are in various stages of disrepair with cracked floors, cracked ceilings, rooms that are on a tilt with appliances moving from one end of the room to another. She emphasized that many of the people have health problems and illnesses due to the fumes in the homes. Ms. Elrod read into the record a quote from the Engineering Report dated December 1988. Ms. Elrod stated she does not feel that the "All America City" should allow something like this to be happen for people whose life savings are invested in these homes. ll.B.4. Patrick W. Glover, 305 S.W. 7th Avenue, Delray Beach, stated he is a resident of this area and would like to come up with a solution to this problem. Mr. Glover stated he understands the city is guiding the residents of Carver Square in the direction of the CRA and he is hopeful the CRA can help. However, Mr. Glovcr expressed concern over the problem being handed offto someone else if the CRA is unable to help. Mayor Perlman stated the Commission is not handing him off to the CRA but is suggesting that Mr. Glover go to the CRA because they are the redevelopment agency and there is significant interest from the private sector in the southwest section. Mayor Perlman suggested that Mr. Glover first discuss this issue with the CRA and if he does not get any results, then he can make an appointment to meet with him. ll.B.5. Mary Hardy, 48 S.W. 7th Avenue, Delra¥ Beach, stated her home is built on low land and the water is so terrible that she is almost afraid to cook with it. Ms. Hardy stated there are many concerns which need to be corrected in this neighborhood. 11.B.6. Sharon Josev, 716 S.W. 2~a Court, Delra¥ Beach (resident of Carver Square since 1985), stated she is a single parent who raised two children and stated this was supposed to be her dream house. Ms. Josey expressed concern over the damage to her home (i.e. wall in her bedroom is separated, the walls in the utility room are cracking, blocks are moving, the carport is leaning to one side, and the driveway is cracked). Ms. Josey stated this house is all she owns and expressed concern that if her house sinks she has no place to go. ll.B.7. Sheila Reid, 701 S.W. 3rd Street, Delra¥ Beach (President of the Carver Square Homeowners' Association), stated she attended the All America City 2001 event held in Atlanta and she now needs the help and support from the City of Delray Beach. ll.B.8. Bertha Johnson, 345 S.W. l0th Avenue, Delray Beach, stated her home is built on a land fill and expressed concern over cracks in the wails and the cracks in her driveway. Ms. Johnson asked how she and others can get in contact with the CRA and Mayor Perlman provided her with the telephone number of the CRA. ll.B.9. Elizabeth Taylor, 709 S.W. 8th Avenue, Delra¥ Beach, stated she and her boyfriend purchased their home less than five years ago and commented that it has been a living nightmare. Ms. Taylor stated in her daughter's room one side of the wall is completely cracked open, other walls throughout the house are cracking, the bathroom floor is cracked, and in her bedroom the wall is starting to separate. Ms. Taylor urged the Commission to do something about this issue. -17- 07/22/03 11.B.10. Mildred Evans, 40 S.W. 7th Avenue, Delray Beach, (rents the proper .ty) stated she was an ambassador for thc "All America City 2001" and commented that she supports the City of Dclray Beach and her community. Ms. Evans stated she now needs the support of thc city and urged thc Commission to help the residents of Carver Square. ll.B.11. Henry. Davis, Jr., (unable to obtain address), one of the first homebuyers in Carver Square, stated hc brought this particular problem to the city in thc late 1980's and received no response fi.om the previous administration. Mr. Davis stated he has seen his home go fi.om a square to a leaning structure and commented that the home is sinking on a daily basis. Mr. Davis urged the Commission for assistance in doing something about these sinking homes. ll.B.12. Mary. Washington, speaking on behalf of her mother (Mae Washington who resides at 704 S.W. 2"d Terrace), expressed concern over her mother's house collapsing and she urged the Commission for their assistance and support. ll.B.13. Janie Ramirez, 1114 S.W. 8th Avenue, Delra¥ Beach, stated if the CRA cannot help these people then she urged the Commission to assist them. ll.B.14. Luckner Stillus, 705 S.W. 2nd Terrace, Delray Beach, stated he is having the same problems with regard to the foundation cracking in his home and commented that the ceiling and floor are separating. He urged the Commission to help the people who live in this area. ll.B.15. Jennifer Wood, 917 Bucida Road, Delra¥ Beach, suggested that the Commission meetings be broadcasted live on cable for those people who are not able to get here on Tuesday evenings. Secondly, Ms. Wood stated for the last few months the water in some of the homes in her neighborhood has a horrible stench to it. Ms. Wood stated perhaps the water has been redirected due to all the construction going on in the area and asked for a response to her concem. With regard to the beach, Ms. Wood stated the coastline is of utmost importance and must be kept pristine. Ms. Wood stated even though it is turtle nesting season the tractors are still going out and covering up the garbage that is coming up onto the beach and in essence it is becoming a giant land fill. Ms. Wood suggested that the Parks and Recreation Department send some people out there to clean up this area because she feels it could be very dangerous for people walking along the beach. Ms. Wood thanked the Commission with regard to the turtle nesting season. Ms. Wood stated quite a few of the homes on the beach that the city had problems with last year have come to realize the importance of keeping the lighting low or turned off. However, Ms. Wood stated there are two mansions south of the Seagate Club which she feels should have the amber lighting if they choose to have their flood lights on after 11:00 p.m. -18- 07/22/03 ll.B.16. Jim Smith~ 1225 South Ocean Boulevard~ Delray Beach~ expressed concern over a newspaper article entitled "Dc[ray to Review Proposed Budget" and stated it appears that the City of De[ray Beach will not be able to hire thc firefighters that arc needed in Fire Station #5 next year. Mr. Smith commented about thc enormous shortfall in the Police and Fire Pension Plan. Mr. Smith suggested that a current valuation date (i.e. June 30, 2003) be used so that the city would have the money to pay for those extra firefighters. With regard to the private sector, Mr. Smith stated many companies have determined that it is no longer in the benefit of either the employees or thc company to have a Defined Benefit Plan. Mr. Smith stated young people are tending to move from job to job unlike years ago when a person would stay employed with one company for 20, 30, or 40 years. Mr. Smith recommended that the city come up with a plan tailored to their needs and at the same time make it easier for thc city to plan ahead and to have control over those pension costs. At this point, the Commission moved back to Item 9.J. of the Regular Agenda. 9.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) members to the Historic Preservation Board for two (2) year terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). Mrs. Archer moved to appoint John Miller, Jr. as a member to the Historic Preservation Board for a two (2) year term ending August 31, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Randee Schatz as a member to the Historic Preservation Board for a two (2) year term ending August 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Gloria Elliott as a member to the Historic Preservation Board for a two (2) year term ending August 31, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three (3) members to the Planning and Zoning Board for two (2) year terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). Mrs. Archer moved to reappoint Joseph Pike as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -19- 07/22/03 Mr. Levinson moved to reappoint Mark Krall as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. Ms. McCarthy moved to appoint Lynn Gardner as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2005, seconded by Mr. Costin. Upon roll call thc Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9oLo APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Ms. McCarthy moved to reappoint Nancy Stewart as a regular member to the Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to reappoint Mark Gregory as a regular member to the Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2005. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.M. AMENDMENT NO. 1/METRON-FARNIER~ L.L.C.: Consider approval of Amendment No. 1 to the settlement agreement between the City and Metron-Famier, L.L.C. providing for a five (5) month extension to allow the retrofitting of the City's water meters. Terrill Pybum, Assistant City Attorney, stated staff is seeking authorization to amend the settlement agreement that the City Commission allowed them to enter into in April 2002 between Metron-Famier, L.L.C. and the City of Delray Beach. The amended agreement provides that the City of Delray Beach will have an additional period of five (5) months from July through December 31, 2003, in which to audit and evaluate the performance of these Metron meters. In the meantime, the City's lawsuit will continue to be held in abeyance for the duration of the five (5) month evaluation period. Ms. Pybum stated in speaking with staff who deals with the meters on a regular basis, everyone has agreed to this arrangement. Mrs. Archer moved to approve Amendment No. 1 to the settlement agreement between the City of Delray Beach and Metron-Famier L.L.C., seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -20- 07/22/03 FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. 13.B. 13.C. City Manager. The City Manager had no comments or inquiries on non-agenda items. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated she lives in Sherwood Forest and since The Legacy at Sherwood Forest (off Sherwood Forest Boulevard) is under construction, she has had the opportunity to go in and out of the entrance on a regular basis. She commented that every time it rains the entrances to the Legacy development flood. Mrs. Archer stated there is no drainage and the drainage that existed is now about three feet higher than the bottom of the roadway. Mrs. Archer stated this is a serious problem and asked staff to look into this matter to see if anything can be done to help resolve this problem. 13.C.2. Commissioner Costin Mr. Costin had no comments or inquiries on non-agenda items. 13.C.3. Commissioner McCarthy Ms. McCarthy stated one of the local entities hosted a cultural event at Old School Square called "An Evening in Senegal West Africa". She stated the event was fashionable and the display board was educational as well. Secondly, Ms. McCarthy stated she would like to publicly apologize to some of the people who were sending emails to her because the emails were not being forwarded. Ms. McCarthy explained that she was not aware that she had received any emails because she had not downloaded the program to know how to read the emails. In addition, Ms. McCarthy publicly thanked the MIS Department as well for their quick response and stated she will diligently go through those emails and respond so people do not feel they were ignored or neglected. 13.C.4. Commissioner Levinson Mr. Levinson inquired about the Commission Chambers renovations and asked if this is in the budget. In response, the City Manager stated this is capital project and staff is still working on it. -21- 07/22/03 Secondly, Mr. Levinson commented about the Pineapple Grove Meeting held last Monday evening and stated although the notice was very clear that it was going to be a strategic planning session, many members of the association were not aware of the critical nature of their organization and therefore were a little taken back by the meeting. Mr. Levinson stated the association now understands that they need to focus on a different mission and hopefully the association will get back together afmr its meeting and start to formulate a growth plan. Mr. Levinson stated he would like to know who will be going to the dinner in Orlando because he needs to make reservations. 13.C.5. Mayor Perlman Mayor Perlman stated Ross Licata was named Chief of Police in Lighthouse Point. Mayor Perlman stated this is a testament to the Police Department that he is the sixth Chief of Police that has come from Delray Beach. However, Mayor Perlman stated Mr. Licata will remain a resident of Delray Beach. Mayor Perlman stated he attended the Bad Boys II movie premiere and commented that it was very interesting to see the house go up in smoke. Mayor Perlman stated the city has received very nice comments from the Film Commission regarding the cooperation they received from the City of Delray Beach during the entire filming process. Mayor Perlman stated he feels the filming of the movie certainly had an economic impact and it was very much appreciated by the businesses and residents. In keeping with the birthday tradition, Mayor Perlman wished Gerri Bauer, Executive Secretary to the City Manager, a very happy birthday. With regard to the Public Arts ordinance, Mayor Perlman stated we do not want to have a "clash". Mayor Perlman suggested that the city meet with the stakeholders in this particular issue and work it out. Furthermore, Mayor Perlman stated the development community would like to see this as well and noted that they have a number of concerns. The City Attorney stated she has received several telephone calls and stated there was a meeting set with the Gold Coast Builders Association and others to hear their concerns. The City Attorney stated staff expects to have another meeting with them next week. With regard to others that may wish to participate, the City Attorney stated she would be happy to schedule a meeting. Mayor Perlman stated the Chamber of Commeme did a survey and also had a meeting last week which was sparsely attended. Mayor Perlman stated Mr. Wood received back some survey input. Mayor Perlman wished Commissioner Costin a happy birthday. There being no further business, Mayor Perlman declared the meeting adjourned at 8:00 p.m. -22- 07/22/03 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 22, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -23- 07/22/03 WH~RF-,AS, fighting f~es is m hszsnlous profession, recl,:irl-~ phTsicsl strength, extensive tr~i~ing, co~ and selfless concern for the welfiue of our citizens; and ~rIERF-.,kS, in ~ddition to thei~ d~ily service to communities, Fire Fighters throughout the state and across the s~don h~ve joined the Muscul~ Dystrophy AsSOC~tion (MDA) for the p~st forty-nine years in the fight against ncm:omuscu]~ diseg~es; ~FHEREAS, Florid~ Fi~e Fighters collected ~ record br~l,-in~ $1,336,750.00 i~ over 300 communities with their 2002 "Fill the Boor" eamp~ig~ fo~ the Muscul~ Dystrophy Asso~afion, ~ ,~i~ them IvlDA's l~gest source of funding; WHERF-,AS, the Muscul~ Dys~ophy Association is ex/xemdy grateful to the City of Delmy Beach Fire Fighters fo~ thehc support smd dedication; smd WHERE, AS, the funds collected by the City of Delmy Beach Fi~ Fightem assist the Muscul~ Dystrophy Association in providing medical sex-vices at local clinics, s.mmo, r camp, ~es~rch g~mts, suppo~ g~oups, smd public education S,'~ino~S at no cost to 1ool children md WHBRFAS, in honor of the effom of the City of Delmy Beach Fi~e Fighters, the Muscular Dystxophy Association is sponsoring City of Defray Beach Fire Fighter Appreciation Week. NOW, THEREFORE, I, JON LEVlNSON, Vice-Mayor of the City of Delray Beach, Florida, on ~ of the City Commi*~ion, do hereby p~o~loim the week of .August 25, 2003 through Sept,--,},er 1, 2003 ~s CITY OF DBLRAY BF-,ACH FIRE FIGHTER APPRECL~TION WEEK in Del~y Beach, Flotich smd eommmd the City of Del~y Beach Fire Fighters for thei~ efforts on behalf of the Muscular Dystxophy Association. All citizens smd employees are encouraged to join the Muscul~ Dystrophy Association in this -4bute to our Fire Fighters. IN wITIN'~SS WHEREOF, I hsv¢ hereunto set my h~d mad caused the Offici~ Seal of the City of Delmy Beach, Florld~. to be affixed this 5* d~y of'August~ 2003. JON LEVINSON VICF,-MAYOR WHEREAS, J.m.lea is a land of unique experiences, inspiring scenery, wama people; and presents a kaleidoscope of beauty that has made the island a precious jewel in the Caribbean; and WHEREAS, Jamaica's colorful and diverse history is a turbulent story of Amwak Lqdi.ns, Spanish settlers, notorious pirates, Bri~h naval heroes, and shves- yearning for freedom. Thus. Jamaica's motto. "Out of Many, One People"; and WHEREAS, approximately 165,000 Jamaicans live in the state of Florida and seventy-four percent (74%) live in South Florida contributing greatly to the economy; and WHEREAS, Jamaicans have made significant political, medical sdenfific, and educational contributions. People of Jamaican decem living here in the City of Delray Beach continue to improve the quality of life in various communities through contributions of their time, talents, and expertise to our local schools and businesses; and NOW, THEREFORE, I, JON LEVINSON, Vice-Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do hereby congratulate and salute the PEOPLE OFJAMAICA on thek many contributions and achievements that continually enh.nce the lives of indi~.~l~ and communities alike. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Ddray Beach, Florida. to be affixed this 5* day of August. 2003. JON I.,EVINSON VICE-MAYOR I~-qOLUTION NO. 51-03 A RESOLUTION OF THE CITY COMlVIISSION OF THE CITY OF D~J.RAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FJ3.EN WICKERT FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DF.~.RAY BEACH. WHEREAS, Ellen Wickert was hired by the City of Delray Beach as a Clerk- Dispatcher on July 23, 1973; and - WHEREAS, Ellen has progressed to her pre. sent position of Adminigttative Officer since that time; and WHEREAS, on July 23, 2003, Ellen Wickert reached a milestone in her career, having achieved thirty 00) years of continuous, full-time service with the City of Delray Beach; and WHEREAS, Ellen's professionalism, wurmtJa, kindness, and compassion are well- known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow m~n; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have Ellen Wickert as a valued member of the municipal team over the past 30 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DR).RAY BEACH, FLORIDA, AS FOLLOWS: Scion 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Ellen Wickert for thirty years of dedicated and faithful public service. ~ That the City Commigsion hereby congratulates and expresses sincere and appreciation to Ellen Wickert for her muny years of service. PASSED AND ADOPTED in regular session on this the 5* day of August 2003. A'I-I'I:SS'T: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~WI - REGULAR MEETING OF AUGUST 5. 2003 FINAL PLAT APPROVAL/POINTE AT LAMBERT TRAILER COURT AUGUST 1, 2003 This is before the Commission to approve the final subdivision plat for P&mte at Lambert Trailer Court. The property is located on the southeast comer of S.E. 5~ Avenue and East Atlantic Avenue. All technical and staff comments have been addressed and the pht is ready for approval. Recommend approval of the final subdivision plat for Pointe at Lambert Trailer Court. S:\City Cle~k\chevelle folder\agenda mem~\Final Pht. PointeatLambett.8.5.03 City Of Delray Beach Department of Environmental Services TAC COMMENTS TO: FROM: DATE: PROJECT: ACTION: David T. Harden Randal L. Krejcarek, P.E. ~'~ 31 July 2003 Pointe At Lambert Trailer Court Subdivision Plat Approval The attached agenda request is for Commission approval of the plat for Pointe At Lambert Trailer Court. Also attached is a location map and reduced copy of the plat. This plat was processed as a minor subdivision, therefore no other board action was required. The property is located between SE 5th Avenue and SE 6th Avenue just south of SE 10th Street. Please place this agenda request on the 05 Aug 2002 Commission Agenda. enc cc TAC file file: s:/engadmin/tac/antique experience/plat agenda memo 2003aug05.doc Printed: 7/31/2003 CEN~AL AVE. S,E. 12TH RD. LIN BANYAN TREE LANE ON BOULEVA BROOKS LN. D ENVIRONMENTAL SERVICES DEPARTMENT LAMBERT TRAILER COURT LOCATION MAP 2003-200 DATE:7/31/03 1 OF1 Date: 31 July 2002 AGENDA ITEM NUMBER:. Request to be placed on: X Consent Agenda When: 05 Aug 2003 AGENDA REQUEST Regular Agenda __ Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Pointe At Lambert Trailer Court. This plat was processed as a minor subdivision therefore no other board action was required. Attached is a location map and reduced copy of the plat. The property Department Head Signature: ~_~/, ~ __~~ ~ - ~/-~:7- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\TAC\Federal and 10th office Complex\plat agenda 2003aug05.doc [ITY OF nELRrlY BEACH CITY ATTORNEY'S OFFICE~oo .w,~, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH DATE: TO: FROM: SUBJECT: Wdter's Direc~ Line: 561/243-7091 MEMORANDUM July 31,2003 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Interlocal Agreement between the City and CRA for Planning Services The City and CRA currently have an Interlocal Agreement wherein the City provides the CRA with certain planning, parking management and computer network services for $60,000 per year. The current Agreement expires September 30, 2003. The revised Agreement before you for consideration commences October 1, 2003 and expires September 30, 2004. Please place this interlocal agreement on the City Commission agenda for Attachment Cc: Barbara Garito, City Clerk Diane Colonna, Director, CRA Paul Dorling, Planning and Zoning Director Joe Safford, Finance Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES THIS AGREEMENT is made this day of ,2003 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as 'CITY'), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the 'CRA'). WlTNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA'a boundaries; and WHEREAS, the CITY and the CRA will beneT~ from the services of a Parking Management Specialist; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The rec'~uations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment. B. The CITY shall provide for the shared use of the services of a Parking Management Specialist. C. The CITY shall provide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. D. reproduction costs of final plans. E. If there is a problem with the computer network at the CRA's current location, the CITY will assist the CRA in an effort to resolve the problem. MIS will assist the CRA in setting up any new computer equipment. MIS will assist the CRA in setting up computer equipment after the CRA relocates. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2003 and terminate on September 30, 2004. 5. The CRA shall pay to the CITY up to $60,000.00 a year for the services provided by the CITY, payable in $15,000.00 increments quarterly, with October 1st as the commencement of the first quarter. In the event the Parking Management Specialist position becomes vacant, then the obligation of the CRA shall be reduced to $2,500.00 payable per quarter for planning services, until the The CITY shall pay the cost of supplies except for 2 position is filled wherein the $15,000.00 per quarter payment shall resume. 6. This Interiocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of lhe Florida Statutes. 7. No prior or present agreements or representation with regard to any subject mater contained within this .Z~reement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreemer~t shall have no force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. City Clerk. A'I-I'EST: This Agreement shall not be valid until signed by the Mayor and the CITY OF DELRAY BEACH, FLORIDA By: (. /~.nnroved as to Form: c KttOmey- Jeff Perlman, Mayor ATTEST: COM~U~I~TY R~I.~OPME~[~.~GENCY Print Name: ~~'~ / v (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this . . corporation. I-7 dayof , 2003, by ~o.~c~ ~t~.-~.~.-th , (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 He/She is personally known to me or has produced (type of identification) as idenfif'mafion. N~~blic -u~'-~S~te of F%~-~'~[~-~lorida 4 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM $$ '~'-~ - REGULAR MEETING OF AUGUST 5. 2003 PALM BEACH COUNTY SPORTS COMMISSION/CITY OF DELRAY BEACH AGREEEMENT AUGUST 1, 2003 This is before Commission to approve the agreement between the City of Delray Beach and the Palm Beach County Sports Commission for a Community Olympic Development Wrestling Program at Atlantic High School. The agreement establishes that the City will provide funding in the amount of $10,000.00 supporting the program, a liaison between the City and the Palm Beach County Sports Commission, marketing assistance, and program staff. Funding for this coming year will be from account #115-4924-572-49.90 (Special Projects Fund/Other Current Charges). Recommend approval of the agreement with the Palm Beach County Sports Commission. S:\City Cletk\ehevelle folder\a~a memo~\Sport~C~8.5.03 [ITY JIF I]ELA#Y BEfl[H DELRAY BEACH NI-AmedcaCity 1993 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation Community Olympic Development Program for Wrestling July 30, 2003 As you may recall, Pam Gerig of the Palm Beach County Sports Commission made a presentation to City Commission on February 18, 2003 concerning starting a Community Olympic Development Wrestling Program in Delray Beach. I have enclosed copies of the February 18, 2003 Commission meeting in which City Commission gave the go-ahead for this program. Also attached please find an agreement between the Palm Beach County Sports Commission and the City of Delray Beach for the wrestling program. The City Attorney's office has approved the Agreement for form and legal sufficiency. Basically, the Agreement calls for the City to provide funding in the amount of $10,000, a liaison between the City and Sports Commission, and making available program staff and marketing assistance. The program will be offered at Atlantic High School. Funding in the amount of $10,000 will be out of account #115-4924-572-49.90. Please place this on the August 5, 2003 agenda for City Commission consideration. DJ'~ Parks and Recreation Ref: dhcodp ~Prlnted~TRecycledPaper THE EFFORT ALWAYS MATTERS Delray Beach Wrestling CODP COMMUNITY PARTICIPANT AGREEMENT THIS CODP COMMUNITY PARTICIPANT AGREEMENT (this "Agreement"), made and entered into this day of ,2003, is by and among the Palm Beach County Sports Institute ("CODP Operator") and Dekay Beach Parks & Recreation (the "CODP Community Participant"). BACKGROUND The CODP Operator has entered into a Community Olympic Development Program Agreement ("CODP Agreement") with the United States Olympic Committee CLISOC) and at least one National Governing Body (NGB). In furtherance of the objectives contained in that agreement, the CODP Operator wishes to enter into additional agreements with local municipalities, County programs, and community-based organizations within Palm Beach County with respect to arrangements for the development and implementation of the CODP Wrestling Program. This Agreement shall be known as a "CODP Community Participant Agreement." This Agreement details the responsibilities and rights of the CODP Operator and the CODP Community Participant. The CODP Operator is also entering into "Coach/Administrator Agreements," with a coach/administrator for the program of each sport in the CODP. AGREEMENT Description of CODP. The CODP shall be a youth sports development program that will be operated locally by the CODP Operator with USOC and NGB oversight. Through this agreement, the CODP Operator and the CODP Community Participant agree to undertake certain duties related to the administration and operation of the CODP. Neither the CODP Operator, the USOC, the NGB, nor the CODP Community Participant will have any administrative or any other responsibility or obligation for the CODP after the expiration or early termination of the overall CODP Agreement. CODP Objectives/Program Guidelines. The objective of the CODP shall be to provide leadership and guidance in establishing high quality sports programs at the intermediate level for talented and motivated young people to help them maximize their potential in selected Olympic sports. Such support shall ultimately lead to more internationally competitive U.S. teams and broaden the base of interest and participation by young people generally in Olympic sport. CODP Program Manager. The CODP Operator will employ a manager or assign an already existing administrator to manage and oversee all aspects of the local CODP operation and to serve as the liaison to the USOC, NGB(s), the Coach/Administrators, and the CODP Community Participant. USOC and NGB Performance. A separate CODP Agreement exists between the USOC, NGB(s) and the Palm Beach County Sports Institute that outlines specific duties of the USOC, the NGB(s) and the CODP Operator. Delray Beach Wrestling Representations and Warranties: The CODP Operator represents and warrants that it has a signed CODP agreement with the United States Olympic Committee. In expanding the CODP, the CODP Operator will add sports to its CODP as it signs additional agreements with USOC-affiliated NGBs. CODP Operator Performance. The CODP Operator will provide or cause to be provided the following in its role as the operator and fiscal agent of the CODP: g. h. i. Funding: Funds necessary to operate a successful CODP, including certain government funding and revenues from sponsors, fundraising events, NGBs and CODP Community Participants; Office Space: Office space, equipment, and supplies for the CODP Program Manager and CODP Coach/Administrators, including copiers, computer hardware and software, typewriters, and telephones; CODP Liaisons: A Board of Directors to work with a USOC liaison to be involved in all CODP matters; a local Steering Committee for each CODP sport to oversee development' of the CODP in the County and assure compliance with CODP guidelines as provided by the USOC; Program Staff & Support: All business operations of the CODP; business, public relations, media and marketing plans, including a plan to recruit participants and volunteers as well as obtain and service sponsors; website acknowledgement of CODP Community Participant; support for on-going CODP feeder programs; relations with applicable city, state and school officials and agencies; Communications: All communications to CODP Community Participants and Coach/Administrators from the USOC or participating NGB(s); Engagement of Coach/Administrator(s): Identification of high quality, NGB certified coaches, and their engagement, for applicable CODP activities; Facilities: Access to and utilization of available existing local facilities; Reports: Compilation of armual program reports and monthly progress reports in accordance with Exhibit A; NGB Liaisons: Coordination with NGB(s) to establish training protocols, system for athlete progression and training programs, coordination of training programs for local coaching and official development; CODP Marks & Merchandise: Coordination with the USOC for usage of CODP marks, CODP merchandise (t-shirts, hats, pins), token gifts and certificates; USOC and/or CODP program materials generated by the USOC; uniforms, awards, etc. for participants, volunteers and coaches; Grants: Financial assistance to CODP Community Participants for sports equipment for operation of CODP activities, as separately outlined; Hosting: Hosting of NGBfUSOC and other specialized coaching clinics, workshops and competitions as well as international exchanges; hosting and organization of CODP outreach events; and Insurance: Insurance in accordance with agreement with United States Olympic 2 De[ray Beach Wrestling Committee (USOC). CODP Coach/Administrator Performance: The CODP Operator is signing CODP Coach/Administrator Agreements. Copies of CODP Coach/Administrator Agreements will be provided to the CODP Community Participant(s) of applicable sports as the agreements are executed. .CODP Community Participant Performance. The CODP Community Participant will provide or cause to be provided the following in order to create high quality grassroots to intermediate level youth sport programs: a. Funding: All funds necessary to operate a successful grassroots and/or intermediate program, as mutually agreed upon, including an annual contribution of $10,000 per CODP sport to the CODP Operator for administration of the CODP; b. Liaison: Appoinlment of a CODP Community Participant liaison to be responsible for providing necessary reporting information and interaction with the CODP Manager; c. Program Staff & Support: Assistance with fostering on-going NGB feeder programs with community-based organizations; assistance with public relations/media in collaboration with the CODP Operator to recruit participants and volunteers for the CODP Community Participant; program outreach, press releases and media information kits, assistance with CODP sponsorship fulfillment; assistance in relations with applicable city, state and schoo[ officials and agencies, as needed; distribution of uniforms, awards, etc. for participants, volunteers and coaches, as requested by the CODP Operator; website acknowledgement; d. Program Offerings: Programs at the grassroots through intermediate and advanced levels for athletes, as agreed upon; e. Facilities: Access to and utilization of available training and competition facilities, including CODP elite athletes who may live outside of the CODP Community Participant's municipality; f. Reports: Review of CODP Coach/Administrator's submission for the CODP Community Participant's annual program reports and monthly progress reports, as requested by the Community Operator to stay in compliance with requirements stated in Exhibit A1 annual financial reports for the CODP Operator's review; and g. Hosting: Willingness to host NGB/USOC/CODP Operator coaching clinics, workshops, competitions, outreach events, elite and international exchanges. Use of CODP Marks. The CODP Community Participant may not use any CODP Marks in connection with the activities of the CODP (e.g., on uniforms, equipment, and banners) unless the USOC has specifically authorized the CODP Operator to use such CODP Marks and the CODP Operator has conveyed this permission to the CODP Community Participant. Dekay Beach Wrestling 10. 11. 1¸2. 14. 15. CODP SponsorshipfFundrai~ing Initiatives. All proposed CODP sponsorship arrangements and fundraising initiatives, as well as any similar or related programs and activities, shall be submitted to the CODP Operator for USOC review and approval. For clarification and the avoidance of doubt, neither the CODP Operator nor the CODP Community Participant shall implement any fundraising irdtiatives or enter into any sponsorship or other marketing arrangements in connection with the CODP without the prior written approval of the USOC. The USOC Athlete Development Department will work with the USOC Marketing and Development Departments to identify potential sponsors and donors for the CODP. CODP Community Participant Books and Records for CODP Activities. The CODP Community Participant shall maintain complete and accurate books and records of all receipts, expenditures, assets and liabilities of ifs CODP activities. Term/Termination. This Agreement shall become effective on ,2003 and shall expire on ,2004 unless sooner terminated as provided herein. The CODP Community Participant hereby grants to the CODP Operator the option to renew this Agreement at the same terms and conditions stated herein for two (2) additional one (1) year periods. In the event the CODP Operator shall desire to renew this Agreement, at least sixty (60) days prior to the date of expiration of this Agreement or any renewal thereof, the CODP Operator will send to the CODP Community Participant a notice of intent to renew, subject to final budget approval by County and municipal funding sources. Thereafter, if the CODP Operator shall elect to exercise this option, it shall notify the CODP Community Participant in writing of such election prior to the expiration of this Agreement or any renewal thereof. Notwithstanding the foregoing, any party may terminate this Agreement at any time and for any reason upon thirty (30) days prior written notice to the other party. This Agreement will become null and void upon immediate communication in the event of any expiration or termination of the CODP Operator's CODP Agreement with the USOC. Integration. It is the intent of the parties that this Agreement covers the full scope of the parties' agreement with respect to the CODP. However, program review and growth may require revision of this Agreement or amendments thereto. Such revisions or amendments will not take effect unless and until agreed upon in writing by all of the parties hereto. Not a Partnership. This Agreement does not make any party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever. The parties agree not to contend to the contrary or to attempt to enforce any contrary intention in any court. In addition, none of the parties shall represent to third parties that it is an agent or partner of or joint venturer with any other party in connection with the CODP. 4 Dekay Beach Wrestling 16. 17. 18. 19. 20. Notices. All notices required or permitted to be given under this Agreement shall be in writing and addressed as follows: If to the Palm Beach County Sports Institute: Palm Beach County Sports Institute 1555 Palm Beach Lakes Blvd., Suite 1410 West Palm Beach, FL 33401 Attention: Para Gerig, Executive Director With a copy to: Timothy W. Cox, P.A. 324 Datura Street, Suite 200 West Palm Beach, FL 33401 If to the CODP Community Participant: Joe Weldon City of De[ray Beach Parks & Recreation Department 100 N.W. 1~t Ave. De[ray Beach, FL 33444 or to such other address as a party may designate in writing to the other parties for this purpose. Such notice shall be deemed to have been duly given and received either (a) on the day of delivery, if hand delivered, (b) on the day after the date sent, when sent by overnight express mail, or (c) on the date sent when sent by facsimile and confirmed the same day by prepaid certified mail, addressed as above. Financial Responsibility of the CODP Operator. The parties acknowledge and agree that the CODP Operator is financially responsible for the CODP and that the CODP Community Participant shall not incur any financial obligation for or to the CODP, except as specifically provided in this Agreemem. Consents. Whenever the consent or approval of a party to this Agreemem is required, such consent may be given or withheld by such party in its sole discretion unless otherwise specifically stated. Should any dispute arise from this Agreement, venue shall be in Palm Beach County, FL. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in the drafting of this Agreement. Del.ray Beach Wrestling 21. 22. ACCEPTED AND AGREED: PALM BEACH COUNTY SPORTS INSTITUTE By: Title: Date: This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement is binding upon the parties hereto, their heirs, successors and assigns. ACCEPTED AND AGREED: DELRAY BEACH PARKS & RECREATION DEPARTMENT By: Title: Date: Approved as to form and legal sufficiency: ~,, City Attorney(J -- 6 Delray Beach Wrestling EXI~rRIT A: Reporting Requirements Annual Report Submission of Annual Report The CODP Coach/Administrator shall submit an annual report (the "Annual Report") for each calendar year on behalf of each CODP Community Participant in writing to the CODP Operator by January 15~ of the following year. The CODP Community Participant shall review and indicate approval of the report prior to submission by the CODP Coach/Administrator. Kequired Content of Annual Report The Annual Report shall include the following: Number of young athletes exposed to CODP sports (outreach programs); Number of participants in CODP (Gold, Silver, Bronze), demographics of participants (i.e. gender, age, ethnicity), and skill tracking; Number of coaches clinics/workshops and number of participants at the clinics/workshops; Number of CODP Athletes attending NGB camps and clinics; Number of CODP athletes added to NGB national programs and Olympic Teams; Number of coaches certified by the NGB; Number of CODP events conducted; Financial expenditures; Inventory of Equipment (including report of condition of equipment); Completed Measures of Success Charts as provided by USOC Athlete Development; Athlete performance results; and Copies of related media exposure. 2. Monthly Progress Reports The CODP Community Participant shall also review and approve of written monthly progress reports submitted by a CODP Coach/Administrator. The reports must include specific sport program information and athlete performance results. O:llnstitutelUSOCICODPi2OO3LMunicipalities~DelrayMgreementlCODP Delray Wrestling 071503. doc Date: July 30, 2003 AGENDA ITEM NUMBER:. AGENDA REOUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda ~frlen: August 5 ~ 2003 Description of Agenda Item (who, what, where, how much): Request approval of Community Olympic Development Wrestling Program in Delray Beach at Atlantic High School in conjunction with the Palm Beach County Sports Commission. The City ~s to provide a liaison between the City and Sports ComMission, making available program staff and marketing assistance, and funding in the amount of $10,000 to be funded out of account #115-4924-572-49.90. Department Hea% Signature: City Attorney Re~l w/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~ / No Initials: Account Sal nee: Funding Alternatives: (if apphcable) City Manager Review: Approved for Agenda: ~)/No Initials: Hold Until: Agenda Coordinator Review: Received: [IT¥ I)F DELRrI¥ BErI[H CITY ATTORNEY'S OFFICE POLICE LEGAL ADVISOR 1993 To: From: 300 W. ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 'IELEPHONE 561/2 i3-7823 " FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM David Harden, City Manager /~. Catherine M. Kozol, Police Legal Advis On behalf of Sharon L'Herrou, ~" Weed & Seed Program Manager ' Date: July 23, 2003 Re: Mini-Grant Contracts Enclosed please find four agreements for Funding and Acceptance of Funds between the City of Delray Beach and the following mini-grant award winners: the SW President's Association, the Delray Beach American Little League, EPOCH, and CLASS. Agreements are for the period of May 15, 2003 - September 30, 2003. Still awaiting vendor signatures are the contracts from: Roots Cultural Festival, Delray Beach Youth Basketball Boosters, and the Community Development Corporation. Weed & Seed in Delray Beach was established to serve as an additional resoume to existing programs and services and to assist with facilitating partnerships and resource development. The grant funds received from the U.S. Department of Justice, Executive Office for Weed & Seed were received to support initiatives such as these. The allocation of these funds is an eligible use of these grant dollars and $20,000 has been approved by the Executive Office for Weed & Seed (EOWS) to be distributed by the Neighborhood Advisory Board in mini-grant awards. The enclosed contracts outline the agreements and funding allotments determined by the Delray Beach Weed & Seed Neighborhood Advisory Board according to EOWS procedure, Page Two Mr. David Harden, City Manager July 23, 2003 If you have any questions, please do not hesitate to call me. Thank you for your attention. /ath cc with Encs. Chevelle Nubin, Exec. Asst./Deputy City Clerk AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND SW President's Association FY2002-2003 (October 1, 2002- September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ('Agreement') entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as 'City" and , hereinafter referred to as 'AGENCY", having its principal oflce located at 1438 SW 2nd St., Delray Beach, Florida, is related to the prevision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 throuqh September 30, 2003, in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated as follows: $2,400 to provide funding assistance for Music and Tee-shirts for cultural festival scheduled for October 13, 2003. (see attached Exhibit 'A"). 1. Definitions: 'City" means the City of Delray Beach, Florida 'DO J" means U.S. Department of Justice 'EOWS" means Executive Office for Weed and Seed 'W&S" means Weed and Seed "The Agency" means SW President's Association Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton BIvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit -A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required 'request for reimbursement', and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the tirst working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $2,400 for the period of May 15, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. '3. Time of Performance: The effective date of this agreement and all dghts and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by wdtten contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall he subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outlines the Southwest President's Neighborhood Association Multicultural Festival's program activities, progress made, number of partJcipants, and problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10· of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program-Generated Income: All income eamed by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. '?. t0. 11. Other Program Requirements (Civil RightsIResident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national odgin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity can'ied out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the dght to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concems located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out pededic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outline in g5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Cimulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the dght to require submission of audited financial statements and/or to conduct a 'limited scope audit' of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be govemed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or 3 12. 13. 14. 15. 16. indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient Agency for services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 4 17. Hold Harmless and Indemnification Clauee: The SW President's Association hereby agrees to premise to indemnify and hold harmless the 'City' and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attomey's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature adsing from, or in any way connected with, the giving of said funds. WITNESSES: Agency/Sub-recipient:..~/~4Z./¢~/"~.'a/~r~}~ Signed By: ~ CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK 8cope of Service Introduction The goal of the SW President's Association's Multicultuml Festival is to educate and enhance communication between cultures in Delray Beach. The organization encourages and promotes dialogue between the diverse residents in the community and the local government. Additionally, it encourages local government officials to visit the targeted Weed and Seed area to witness the needs of the community. Pro~ram Re~orts The Agency shall submit monthly or quarterly program reports that provide details on program activities including the following: Outcome measures: · Number of participants served from target ama · Description of problems encountered and proposed solutions as well as any anecdotal evidence of program success · Number of community officials and representatives from local agencies in attendance Pro~ram Budaet $2,400 to provide funding assistance for Music and Tee-shi;ts for cultural festival scheduled for October 13, 2003, 6 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Delray Beach American Little League FY2002-2003 (October 1, 2002 - September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as "City' and Delray Beach Amedcan LittleLeague, hereinafter referred to as "AGENCY", having its principal office located at 305 S.W. 12th Ave, Delray Beach, Flodda, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003, of $2,400 in Department of Justice, Executive Office for Weed and Seed (DO J/ROWS) funds upon the following terms and conditions: The awarded ROWS funds are allocated as follows: $2,400 to offset the costs of supplies and equipment including: baseballs, bats, catchers' equipment, umpire's equipment, and uniforms (see attached exhibit "A") from May 15, 2003, through September 30; 2003. 1. Definitions: 'City' means the City of Delray Beach, Florida "DO J" means U.S. Department of Justice 'EOWS" means Executive Office for Weed and Seed 'W&S' means Weed and Seed "The Agency" means Delray Beach Amedcan Little League Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DO J/ROWS funds. The Scope of Service in Exhibit ~A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly or quarterly requests for reimbursement of approved expenses listed in the 'Scope of Services" exhibit provided hereto and made a part hereof. Reimbursement requests should accompany all required financial and programmatic reports. The City agrees to disburse payments upon the receipt of each required 'request for reimbursement", and receipt of all monthly or quarterly reports and necessary data (as determined by the City), covedng the month for which reimbursement is requested. Disbursements will be available on approximately the first working day of each month, commencing one month (30 days) following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $2,400 for the period of May 15, 2003, through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all dghts and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 be processed. All service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City with programmatic progress reports that outline the number of youth served, the number of hours of activities supervised by adults, and any other relevant program activities. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month) and a final report summarizing the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required programmatic report and financial reimbursement request (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2003. Program-Generated Incoree: All income eamed by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 2 10. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity can*led out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the fight to terminate this Agreement. To the greatest feasible extent, Iow-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 target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit programmatic reports simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month) and a final report summarizing the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. The Agency shall submit upon the request of the City, additional information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from ail sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit' of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 3 1t. t2. 13, 14. 15. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of th~ Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient Agency for services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Se~ces within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570} until five years after expiration of the agreement. 16. 17. Counterpa~ of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: Delray Beach American Little League hereby agrees to promise to indemnify and hold harmless the 'City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attomey's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. AgencylSub.reciplent: ~cL~/'~e/v.~/~4¢)c,e-~+ff*-/.~jau· Signed By: ~ ~,(-¢~././.,=== WITNESSES: CITY OF DELRAY BEACHT'F'LOBI~A Slg~.' ATTEST: CITY CLERK Exhibit Scope of Service Delray Beach Amedcan Little League wishes to offer an activity for youth which is a healthy altemative to gangs, drugs, or other illicit activities. In addition, the League provides positive adult male role models to community youth. Delray Beach Amedcan Little League will submit reports to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10· of the month for the preceding month) and a final report summarizing the funding pedod (May 15, 2003 - September 30, 2003) due by October 10, 2003. A minimum of two programmatic reports ara required which provide the status of the following outcome measures: · Number of youth served · Number of houm of activities supervised by adults Weed & Seed agrees to provide $2,400 to help offset the costs of equipment and uniforms including: baseballs, bats, catchem' equipment, umpire's equipment, and uniforms. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents ara to be submitted by the 10th of the month. Relevant support documentation will be required. 6 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH) FY2002-2003 (October 1, 2002- September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ('Agreement') entered into this day of . ,2003, between the City of Delray Beach, hereinafter ~e;'erred to as 'City' and Expanding and Preserving Our Cultural Heritage, INC. (EPOCH), hereinafter referred to as 'AGENCY', having its principaJ office located at 170 NW 5· Ave, Deiray Beach, Florida, is related to fie provision, as per the budget approval by the City Commission on 2003 and ml~oacfively effective May 15, 2003 through September 30, 2003, of $4,000 in Deparlmect of Justice, Executve Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and condi0ons: The awarded EOWS funds are allocated ss follows: $4,000 toward personnel costs to implement and administer the EPOCH fraining and curriculum (see attached Exhibit 'A') from May 15, 2003, through September 30, 2003. Definitions: a. 'City' means the City of Delray Beach, Florida b. 'DOJ' means U.S. Department of Justice c. 'EOWS' means Executive Office for Weed and Seed d. 'W&S' means Weed and Seed e. 'The Agency' means Expanding and Preserving Our Cultural Heritage, INC. (EPOCH) Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the alloca'don of federal DOJ/EOWS funds. The Scope of Service in Exhibit 'A' outines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents wilhin the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Unton Bird to the South. The Agency shall, in a sa~sfactery and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outined in Exhibit 'A', provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of each required 'request for reimbursement', and receipt of required programmatic reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. NI services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $4,000 for the period of May 15, 2003 through September 30, 2003. NI release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all rights and dutes designated hereunder are contingent upon the timely release of funds for this perlJcular project The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred es of May 15, 2003 will be processed. NI service required hereunder shall be completed by AGENCY by September 30, 2003. Subceii~acts: Any work or sen, ices subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentaton in accordance with City, State, and Federal guidelines and ragulalJons must be submitted by the Agency to the City and approved by the City prior to executon of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, S~a{=, and City laws and regulatons. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcont[ac~ed or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City prograrnmatc progress reports that outine the EPOCH Cultural Kids Club program activities, progress made, number of palJcipants enrolled, problems encountered and proposed solutons. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10= of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003- September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional condi~ons that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporlJng documentation relatng to the aclivi~es funded hereunder and related service provisions (ac'dvitles) for a period of three (3) years, dating from October 1, 2003. Program-Generated Income: NI income earned by Agency ~om aolivifies financed by DOJ/EOW$ funds must be reported to the City. In addison to reporling such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to ex~end the availability of services provided by the Agency through this agreement, the prior written approval of the City will he required. Accounting and disbursement of program income shall be 2 10. consistent wiffi the procedures outlined in OMB Cimular A-110 and offer applicable regulations incorporated herein by reference. Other Program Requirements (Civil RightaiReeident Opportun~es): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, natonal origin, religion, or sex be excluded from the benefits of, or be subjected to discriminaton under, any activity carried'out by fie performance of this Agreement. Upon receipt of evidence of such discriminaton, the City shall have fie right to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for fralning and employment; and to fie greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded confracCs in connection with the project. Evaluation and Monltorfng: The Agency agrees that fie City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined nec_~__~3ry by the City and that the conanua'don of this agreement is dependent upon satsfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to fumish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and informaton as is determined necessary by the City. The Agency shall submit reports as ou~ine in ~5 above and at other times upon fie request, of fie City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluaton of said progress and to allow for completion of reports as required of the City by* DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Auclit~ and Inspections: At any lime during nomml business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or fie Comptroller General for examination all its records with respect to all matters covered by this agreemenL The Agency agrees to comply wiffi the provisions of the Single Audit Act of 1984, as amended, es it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and otter applicable regulations with 180 days after fie end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Cerlffied Public Accountant of AGENCY choosing, subject to fie City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a 'limited scope audit' of AGENCY as defined by A- 133. Increased Availability: The intent and purpose of this agreement is to increase fie availability of the Agency services to fie community. This agreement is not to subs6tute for or replace existing or planned projects or ack.es of the Agency. The Agency agrees to maintain a level of activities and expenditures, 13. 14. tt. t2. planned or exi~ng, for projects similar to those being assisted under this agreement, which is not less than that level exisl~ng prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any funcl~ons or responsibilities in conna~on wiffi the funded projects, has any persona/financial interest, direct or indirect, in the activra'es provided under this Agreement which would conflict in any manner or degree ~ the performance of this agreement and that no person having any conflict of interest shall be employed by or subconlracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in wr~ng to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the s'ta~ory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the pmjact targat area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance w~ 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any ate during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written n~ce to the other paly. Upon termination, the City shall pay the sub-recipient Agency for services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance ~ 28CFR 66.44. In the event the grant to the City under Trde I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies. Independent Contractor:. AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contrac~ and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compens~on and employee benefits. P.blic Entity Crtm.: By entering into this contract or performing any wori( in furtherance hereof, the contra{or (sub- recipient Agency) cerises that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 4 15. 16. '17. Reversion of Assets: Upon expir~on of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at the lime of expira~on and any accounts receivable al~ibutabie to the use of Weed and Seed funds. Additionally, where applicable, any real property under the sub-recipienfs control that wes acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiralion of the agreement. Counterparls of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification bereto must be in wri~ng and is con~ngent upon approval by the City. Hold Harmless and Indemnification Clauee: EPOCH hereby agrees to promise to indemnify and hold harmless the 'City' and its oflcers, agents, servants, or empbyees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, aclions and causes of ac~on of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: Signed By:. WITNJ~SSES: __ . , , CITY OF DELRAY. BEA~H, FLORIDA ATTEST: CITY CLERK 5 In~oduc~on EPOCH's goals include: educate parflcipents on the cultural history of Delray Beach with the goal of creal~ng a higher level of respect for Ihs Delray Beach community end a feeling of ownership end responsibility the City, Help youlh and seniors better understand one another, Build self.confidence end positive self-awarenass in youlh end seniors. Train youth on topic areas such as: history, presentation ~llla, end bemonal finance. · Total number of children served · Total number of hours of enrichment activities provided · Increase in knowledge of curriculum covered as measured by the average percentage of increase in pre end post test scores The Agency agrees to provide the City with programmatic progress reports that outline EPOCH's program aclJvitias, status of oulsome measures, number of participants enrolled, pmblerns encountered as well as the proposed solutions. These reporls must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003- September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released wiffiout the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Weed & Seed agrees to provide $4,000 toward personnel costs to implement and administer the EPOCH Iralning and curriculum. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Dalray Beach Weed and Seed Program Manager of the programma'dc report described above and a financial reimbursement request These documents are to be submitted by the 10th ~ month for the preceding month. Relevant support documentation will be required. 6 AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND CHILDREN LEARNING AFTER SCHOOL SESSIONS, INC. (C.L.A.S.S.) FY2002-2003 (October 1, 2002- September 30, 2003) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ('Agreement') entered into this day of ,2003, between the City of Delray Beach, hereinafter referred to as 'City" and Children Learning After School Sessions, Inc. (CLASS), hereinafter referred to as 'AGENCY', having its pdndpal office located at 301 SW 1~ Ave, Delray Beach, Flodda, is related to the provision, as per the budget approval by the City Commission on 2003 and retroactively effective May 15, 2003 through September 30, 2003, of $2,400 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOWS funds are allocated es follows: $2,400 to fund stipends for eight (8) 'Counselors In Training" to assist with the implementation of the CLASS summer program. (see attached exhibit 'A'). 1. Definitions: "City' means the City of Delray Beach, Florida "DOJ' means U.S. Department of Justice 'EOWS' means Executive Office for Weed and Seed 'W&S" means Weed and Seed fi.he Agency' means Children Learning After School Sessions, Inc. {CLASS) Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in exhibit 'A" outlines the specific deliverables. The benefidaries of a project funded under this agreement must provide services within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton BIvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessery to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses under the cover sheet in exhibit 'A', provided hereto and made a part hereof. Reimbursement requests should accompany all required programmatic reports. The City agrees to disburse payments upon the receipt of each required 'request for reimbursement', and receipt of all required reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month (30 days) following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2003. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $2,400 for the period of May 15, 2003 through September 30, 2003. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all dghts and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2003 will be processed. Ail service required hereunder shall be completed by AGENCY by September 30, 2003. Subcontracts: Any work or services subconlmctad hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Recorde and Reports: The Agency agrees to provide the City programmatic progress reports that outlines the C.L.A.S.S. program activities, progress made, number of participants enrolled (average daily attendance), and problems encountered along with the proposed solutions. The agency will also report on: number of Counselors in Training employed, hours and type of tutodng provided, and the average percentage of student reading improvement demonstrated through Pre & post tests. These reports must be submitted to the Delray Beach Weed & Seed Program Manager simultaneously with request for reimbursement forms (due the 10· of the month for the preceding month) Reimbursement payments will not be released without the submission of the required (completed and accurate) reports to the City, and on the resolution of monitoring or audit findings identified. The City shall have the dght under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a pedod of three (3) years, dating from October 1, 2003. Program-Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to 2 ** the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the pdor written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Cimular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mantal or physical disability, national origin, religion, or sex be excluded from the benefits of. or be subiectad to discrimination under, any activity can'iad out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concems located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Evaluation and Monitoring: The Agency agrees that the City will cam/out pededic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this ogreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to fomish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agancy shall submit programmatic reports and upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. Audits and Inspections: At any time dudng normal business hours and as often as the the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a *limited scope audit" of AGENCY as defined by A- 133. 3 10. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be govemed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 12. 13. 14. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving wdtten notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any lime during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient Agency for services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will 4 15. 16. 17. perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed funds on hand at lhe time of expiration and any accounts receivable attributable to the uss of Weed and Seed funds. Additionally, where applicable, any mai property under the sub-reciplent's control that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000 must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR Part 570) until five years after expiration of the agreement. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: Children Learning After School Sessions, Inc. (CLASS hereby agrees to promiss to indemnify and hold harmless the 'City' and its officers, agents, ssrvants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: Signed By: WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CiTY CLERK EXhibit "A " Sooee ef Service Introduction Children Learning After School Sessions, Inc. (CLASS) serves 140 children over the summer 8am-6pm M- F June 16· for 7 weeks. CLASS provides academics and enrichment activities, engages teens as mentors for younger students, and provides a safe environment for the children during the summer. Some of the program objectives include the following: · Provide remediation in the following areas: Reading, Math, Language Arts, Spanish, FCAT assistance, and computer classes · Enrichment activities, encourage mentoring between the elementary & high school students · Promote positive activities for idle teenagers for l~ summer Outcome measures: · Number of children enrolled (average daily attendance) · Number of ClTs · Hours and type of tutoring offered · Average improvement in reading demonstrated through Pre & post tests using the 'Star' test Proaram Re~orts The Agency agrees to provide the City with programmatic progress reports that outline CLASS's program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Sc~ Program Manager simultaneously with each financial reimbursement request (due on or before the 10· of the month for the preceding month). Additionally, a final report summarizing results for the funding period (May 15, 2003 - September 30, 2003) is due by October 10, 2003. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final re~rt will jeopardize future requests for funding. Proaram Budget Weed & Seed agrees to provide $2,400 fo fund stipends for eight (8) "Counselors In Training' to assist with the implementation of the CLASS summer program. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required. 6 £1T¥ OF UELIIR¥ BEfl£H CITY ATTORNEY'S OFFICE POLICE LEGAL ADVISOR 1993 To: From: 300 '~' ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7823" FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM Mr. David Harden, City Manager Catherine M. Kozol,.~ Police Legal Advisor Date: July 23, 2003 Motorola Agreement Re: Attached for your review and insertion on the Agenda is the Annual Maintenance and Support Agreement" between Motorola, Inc and the City of Delray Beach. The Exhibits to the Agreement are separated into two parts. Exhibit C-1 has a start date of May 1, 2003 and an end date of September 30, 2003 for a total of $16,317.50. Exhibit C-2 will begin on October 1, 2003 so that it coincides with the beginning of our fiscal year and allows the renewal period to parallel our fiscal year. The amount per year is $39,162.00. This agreement supports the Police Department's field computer applications. Included in the agreement are the Premier Message Switch software, The Premier MDC Client Licenses, the Talk Thru/RF software, the Talk Thru/RF Mobile Client Licenses, and the CAD Interface. This agreement stipulates the "Gold" plan ensuring the least equipment down-time and maximum responsiveness by the vendor. Funding is available through 001-2113-521-46.90 Motorola MDT Maintenance; Software Corporation of America. It should be noted that in paragraph 7, Motorola will only agree to limiting direct damages in a lawsuit to no more than 1-1/2 the amount of the contract. Originally the amount was limited to the amount of the contract ($39,162.00), but they acquiesced to 1-1/2 the amount. Although we believe the limit of liability of 1-1/2 times the amount of the contract is Iow, Motorola will not agree to any more. Page Two Mr. David Harden, City Manager July 23, 2003 If this agreement meets with your approval, please place this on the Agenda at the next Commission Meeting. When the Agreement has been signed, I would appreciate it if you would return one original to me for forwarding to Motorola Corporation. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney Chevelle Nubin, Deputy City Clerk/Executive Asst. Maintenance and Support Agreement Motorola, Inc., a Delaware corporation, through its Commercial, Government, and Industrial Solutions Sector, North America Group ("Motorola" or "Seller") having a place of business at 789 International Parkway; Sunrise, FL 33325 and the City of Delray Beach ("Customer"), having a place of business at 300 W. Atlantic Avenue, Delray Beach, Florida 33~.~., enter into this Maintenance and Support Agreement ("Agreement"), pursuant to which Customer will purchase and Seller will sell the maintenance and support services as described below and in the attached Exhibits. Seller and Customer may be referred to individually as "party" and collectively as "parties." For good and valuable consideration, the parties agree as follows. Section 1 EXHIBITS The Exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which they are listed below. Exhibit A Exhibit B Exhibit C Description of Covered Products Support Plan Support Plan Options and Pricing Worksheet Section 2 DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Motorola" means Motorola, Inc., a Delaware corporation. "Motorola Software" means Software that Motorola owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non-Motorola Software" means Software that a party other than Motorola owns. "Optional Technical Support Services" means fee-based technical support services that are not covered as part of the standard Technical Support Services. "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet, Exhibit C. "Products" means the Equipment (if applicable as indicated in Exhibit A) and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a minor release of Motorola Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Software. Depending on Customer's specific configuration, a Supplemental Release might not be applicable. Supplemental Releases are identified by the third digit of the three-digit release number, shown here as underlined: "1.2.3". A "Standard Release" is defined as a major release of Motorola Software that contains product enhancements and improvements, such as new databases, modifications to databases, or new servers. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training,, on-site installation, and System downtime. Standard Releases are identified by the second digit of the three-digit release number, shown here as 03-19521/ad underlined: "1.2.3". A "Product Release" is defined as a major release of Motorola Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three-digit release number, shown here as underlined: "1.2.3". If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola's opinion will prevail, provided that Motorola treats the Product offering as a new Product or feature for its end user customers generally 'Residual Erred means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. "Services" means those maintenance and support services described in the Support Plan, Exhibit B, and provided under this Agreement. "Software" means the Motorola Software and Non-Motorola Software that is furnished with the System or Equipment. "Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola holidays. "Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this Agreement begins. The Start Date is specified in the Support Plan Options and Pricing Worksheet, Exhibit C. "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or Motorola). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client-server advice), and assistance or advice on installation of Releases provided under this Agreement. "Update" means a Supplemental Release or a Standard Release. 'Upgrade" means a Product Release. Section 3 SCOPE AND TERM OF SERVICES 3.1. In accordance with the provisions of this Agreement and in consideration of the payment by Customer of the price for the Services, Seller will provide to Customer the Services in accordance with Customer's selections as indicated in the Support Plan Options and Pricing Worksheet, Exhibit C, and such Services will apply only to the Products described in the Description of Covered Products, Exhibit A. 3.2. Unless the Support Plan Options and Pricing Worksheet, Exhibit C, expressly provides to the contrary, the term of this Agreement is one (1) year, beginning on the Start Date. This annual maintenance and support period will automatically renew upon the anniversary date for successive one (1) year periods unless either party notifies the other of its intention to not renew the Agreement not less than thirty (30) days before the anniversary date or this Agreement is terminated for default by a party. 03-19521/ad :Z 3.3. This Agreement covers all copies of the specified Software listed in the Description of Covered Products, Exhibit A, that are licensed by Seller to Customer. If the price for Services is based upon a per unit fee, such price will be calculated on the total number of units of the Software that are licensed to Customer as of the beginning of the annual maintenance and support period. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the total price either (1) if and when the annual maintenance and support period is renewed or (2) immediately when Customer acquires the additional units at a prorated basis for the initial year, as Motorola determines. Seller may adjust the price of the maintenance and support services effective as of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the annual maintenance and support period. If Customer notifies Seller of its intention not to renew this Agreement as permitted by Section 3.2 and later wishes to reinstate this Agreement, it may do so with Seller's consent provided (a) Customer pays to Seller a negotiated fee that shall not exceed the amount that it would have paid if Customer had kept this Agreement current, (b) Customer ensures that all applicable Equipment is in good operating conditions at the time of reinstatement, and (c) all copies of the specified Software listed in the Description of Covered Products, Exhibit A, are covered. 3.4. When Seller performs Services at the location of installed Products, Customer agrees to provide to Seller, at no charge, a non-hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this Agreement. 3.6. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet, Exhibit C. 3.6. Seller will provide to Customer Technical Support Services and Releases as follows: 3.6.1. Seller will provide unlimited Technical Support Services during the PPM. The level of Technical Support depends upon the Customer's selection as indicated in the Support Plan Options and Pricing Worksheet, Exhibit C. Any Technical Support Services that are performed by Seller outside the contracted PPM shall be billed at the pre-agreed hourly rates set forth in this Agreement. Technical Support Sen/ices will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 3.6.2. Unless the Support Plan Options and Pricing Worksheet, Exhibit C, expressly provides to the contrary, Seller will provide to Customer without additional license fees an available Supplemental or Standard Release after receipt of a request from Customer, but Customer must pay for any installation or other services and any necessary Equipment or third party software provided by Seller in connection with such Supplemental or Standard Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6.3. Seller will provide to Customer an available Software Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any installation or other services, and any necessary Equipment provided by Seller in connection with such Software Product Release. Any services will be performed in accordance with a mutually agreed schedule. 3.6.4. Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted or error-free, be backward compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional sen/ices. 03-19521/ad 3 3.7. The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Seller shall not be responsible for: 3.7.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer's guidelines, 3.7.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer's personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by ,Seller's representatives. 3.7.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 3.7.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 3.7.5. Accessories, custom or Special Products; modified units; or modified Software. 3.7.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Seller or the failure of the System due to extraordinary uses. 3.7.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 3.7.8, Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 3.7.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 3.7.10 Services to correct errors found to be caused by Customer-supplied data, machines, or operator failure. 3.7.11. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 3,7,12, Third-party software unless specifically listed on the Description of Covered Products, Exhibit A. 3.7.13. Support of any interface(s) beyond Seller-provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications cenceming the Products. 3,7,14, Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 3.7.15. Any design consultation such as, but not limited to, configuration analysis, consultation with Customer's third-party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. 03-19521/ad 4 3.8. The Customer hereby agrees to: 3.8.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 3.8.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 3.8.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access as long as the person gaining access is approved by the Customer to have access to the facility. Remote access can be stipulated and scheduled with customer; however, remote access is required and will not be substituted with on-site visits if access is not allowed or available. 3.8.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Seller's Customer Support organization for reporting and verifying problems, and performing System backup. At least one member of the System Administrators group should have completed Seller's End-User training and System Administrator training (if available). The combined skills of this System Administrators group should include proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator shall follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Seller. Customer shall assist Seller in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 3.9. In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller shall become Seller's property. 3.10 Customer shall permit and cooperate with Seller so that Seller may periodically conduct audits of Customer's records and operations pertinent to the Services, Products, and usage of application and data base management software. If the results of any such audit indicate that the number of licenses that Maintenance and Support Agreement was based upon vs. number of licenses currently in use and the price has been understated, Seller may correct the price and immediately invoice Customer for the difference (as well as any unpaid but owing license fees). Seller will limit the number of audits to no more than one (1) per year except Seller may conduct quarterly audits if a pdor audit indicated the price had been understated. 3.11. If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. Section 4. RIGHT TO SUBCONTRACT AND ASSIGN Seller may assign its rights and obligations under this Agreement and may subcontract any portion of Seller's performance called for by this Agreement, subject to notification to Customer. 0~19~1~d Section 5. PRICING, PAYMENT AND TERMS 5.1 Prices in United States Dollars are shown in the Support Plan Options and Pricing Worksheet, Exhibit C. Unless this exhibit expressly provides to the contrary, the price is payable annually in advance. Seller will provide to Customer an invoice, and Customer will make payments to Seller within twenty (20) days after the date of each invoice. During the term of this Agreement, Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a United States financial institution. 5.2. Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. 5.3 If Customer requests, Seller may provide services outside the scope of this Agreement or after the termination or expiration of this Agreement and Customer agrees to pay for those services. These terms and conditions and the prices in effect at the time such services are rendered will apply to those services. Section 6. INDEMNIFICATION 6.1 GENERAL INDEMNITY BY MOTOROLA. Motorola hereby agrees to premise to indemnify and hold harmless the "City" and its officers, or employees from and against any and all liability, claims, demands, damages, expenses (including court awarded attorney's fees), fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected to supplying support under said contract provided that Customer gives Motorola prompt, written notice of any such claim or suit. Customer shall cooperate with Motorola in its defense or settlement of such claim or suit. This section sets forth the full extent of Motorola's general indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement. 6.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless to the extend permitted by law, from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. This section sets forth the full extent of Customer's general indemnification of Motorola from liabilities that are in any way related to Customer's performance under this Agreement. Section 7. LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Seller's (Including any of its affiliated companies) total liability arising from this Agreement will be limited to the direct damages recoverable under law, but not to exceed the price of the maintenance and support services being provided for eighteen (18) months under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT SELLER (INCLUDING ANY OF ITS AFFILIATED COMPANIES) WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE SYSTEM, EQUIPMENT OR SOFTINARE, OR THE PERFORMANCE OF SERVICES BY SELLER PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement. No action for breach of this Agreement or otherwise relating to the transactions 03:19521/ad (~ contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. Section 8. DEFAULT/TERMINATION 8.1. If Motorola broaches a material obligation under this Agreement (unless Customer or a Force Majeure causes such failure of performance), files a voluntary petition under bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under bankruptcy law, Customer may consider Motorola to be in default. If Customer asserts a default, it will give Motorola written and detailed notice of the default and Motorola will have thirty (30) days thereafter to (i) dispute the assertion, or (ii) provide a written plan to cure the default that is acceptable to Customer. If Motorola provides a curo plan, it will begin implementing the cure plan immediately after roceipt of Customer's approval of the plan. 8.2. If Customer breaches a material obligation under this Agreement (unless Motorola or a Force Majeure causes such failure of performance); if Customer broaches a material obligation under the Software License Agreement that governs the Software covered by this Agreement; or if Customer fails to pay any amount when due under this Agroement, indicates that it is unable to pay any amount when due, indicates it is unable to pay its debts generally as they become due, files a voluntary petition under bankruptcy law, or fails to have dismissed within ninety (90) days any involuntary petition under bankruptcy law, Motorola may consider Customer to be in default. If Motorola asserts a default, it will give Customer written and detailed notice of the default and Customer will have thirty (30) days thereafter to (i) dispute the assertion, (ii) curo any monetary default (including interest), or (iii) provide a written plan to cure the default that is acceptable to Motorola. If Customer provides a cure plan, it will begin implementing the cure plan immediately after receipt of Motorola's approval of the plan. 8.3. If a defaulting party fails to curo the default as provided above in Sections 7.1 or 7.2, unless otherwise agreed in writing, the non-defaulting party may terminate any unfulfilled portion of this Agreement and may pursue any legal or equitable remedies available to it subject to the provisions of Section 6 above. 8.4. Upon the expiration or earlier termination of this Agroement, Customer and Seller shall immediately deliver to the other Party, as the disclosing Party, all Confidential Information of the other, including all copies theroof, which the other Party proviously provided to it in furtherance of this Agreement. Confidential Information shall include: (a) proprietary materials and information regarding technical plans; (b) any and all other information, of whatever type and in whatever medium including data, developments, trade secrets and improvements, that is disclosed by Seller to Customer in connection with this Agreement; (c) all geographic information system, address, telephone, or like rocords and data provided by Customer to Seller in connection with this Agreement that is roquirod by law to be held confidential. Section 9. GENERAL TERMS AND CONDITIONS 9.1. Notices requirod under this Agreement to be given by one party to the other must be in writing and either deliverod in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service), or by facsimile with correct answerback received, and shall be effective upon receipt. Customer: City of Delrav Beach Attn: Kathy Kozol 300 W. Atlantic Avenue Delray Beach. Florida 33444 Seller: Motorola, Inc. Attn: Contracts & Compliance Manager 789 international Parkway Sunrise, FL 33325 9.2. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. 03-19521/ad '7 9.3. Failure or delay by either party to exemise any dght or power under this Agreement will not operate as a waiver of such right or power. For a waiver to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 9.4. Customer may not assign any of its rights under this Agreement without Motorola's prior consent. 9.5. This Agreement, including the exhibits, constitutes the entire agreement of the parties regarding the covered maintenance and support services and supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. Neither this Agreement nor the Exhibits may not be altered, amended, or modified except by a written agreement signed by authorized representatives of both parties. Customer agrees to reference this Agreement on all purchase orders issued in furtherance of this Agreement. Neither party will be bound by any terms contained in Customer's purchase orders, acknowledgements, or other writings (even if attached to this Agreement). 9.6. This Agreement will be governed by the laws of the United States to the extent that they apply and otherwise by the laws of the State of Florida, venue is Palm Beach County. Section 10. COMPLIANCE WITH APPLICABLE LAWS The Parties shall at all times comply with all applicable regulations, licenses and orders of their respective countries relating to or in any way affecting this Agreement and the performance by the Parties of this Agreement. Each Party, at its own expense, shall obtain any approval or permit required in the performance of its obligations. Neither Seller nor any of its employees is an agent or representative of Customer IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first written above. Motorola, Inc. The City of Delray Beach By: Name: Title: Service Operations Director Title: Date: July 17, 2003 Date: 03-19521/ad Exhibit A - DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. SD052003DRBF CUSTOMER: City of Delrsy Beach The following table lists the Products under maintenance coverage: Product Description Version Qty Premier Message 1-500 Server Level 1 Switch Software Premier MDC Mobile Client Licenses 120 TalkThru/RF Server Software 1 TalkThru/RF Mobile Client Licenses 120 CAD Interface Motorola APl Only I 0:3-1952t/ad Exhibit A - DescflpUon of C~vered Produc~s MAINTENANCE AND SUPPORT AGREEMENT Exhibit B SUPPORT PLAN NO. SD052003DRBF This Support Plan is a Statement of Work that provides a description of the support to be performed. 1. Services Provided. The Services provided are based on the Sevedty Levels as defined heroin. Each Severity Level defines the actions fftat will be taken by Seller for Response Time, Target Resolution Time, and Resolution Procedure for reported errom, Response Times for Sevedty Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described below. I Total System Failure - occurs when the System is not Telephone conference Resolve within 24 functioning and there is no workaround; such as a Central within 1 hour of initial hours of initial Server is down or when the wortdlow of an entire agency is voice notification notification not functioning. 2 Cdtical Failure - Cdtical process failure occurs when a crucial Telephone conferonce Resolve within 7 element in the System is not functioning that does not prohibit within 3 Standard Standard Business continuance of basic operations and there is usually no Business Hours of Days of initial suitable work-around. Note that this may not be applicable to initial voice notification notification intermittent problems. 3 Non-Critical Failure - Non-Critical part or component failure Telephone conference Resolve in next occurs when a System component is not functioning, but the within 6 Standard Supplemental System is still useable for Es intended purpose, or there is a Business Hours of Release within 180 reasonable workaround, initial notification days following verification 4 Inconvenience - An inconvenience occurs when System Telephone conference Resolve in a future causes a minor disruption in the way tasks are perfon'ned but within 2 Standard Supplemental does not stop workflow. Business Days of initial Release notification 5 Customer request for an enhancement to System functionality Seller's Product If accepted, a release ~s submitted to Seller's Product Management for review. Management response date will be provided within 120 Standard with a fee schedule, Business Days. when appropriate. 1.1 ReDortino a Problem. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be roported verbally to the Seller's cell intake center. Seller will notify the Customer if Seller makes any changes in severity Level (up or down) of any Customer-reported problem. 1.2 Seller Response. seller will use best efforts to provide Customer with a rosolution within the appropdata Target Resolution Time and in accordance with the assigned Severity Level when Customer allows timely access to System and Seller diagnostics indicate that a Residual Error is present in the Software. Target Resolution Times may not apply if an error cannot be roproduced on a regular basis on either Seller's or Customer's Systems. Should Customer roport an error that Seller cannot roproduce, Seller may enable a detail error cepturo/Iogging process to monitor the System. Should Seller determine that it is unable to correct such roported Residual Error within the specified Target Resolution Time, Seller will escalate its proceduro and assign such personnel or designee to correct such Residual Error promptly. Should Seller, in its sole discretion, determine that such Residual Error is not present in tis release, Seller will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, or (c) the Software is used only with approved hardware or softwaro. The Target Resolution Time shall not commence until such time as the verification prroceduros are completed. 03-19521/ad Exhibit B - Support Plan 1.3 Error Correction Status Report. Seller will provide verbal status reports on Sevedty Level I and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis, 2. Customer Responsibility. 2.1 Customer is responsible for running any Anti-Virus software installed by Seller as part of its System, 2.2 Ooeratina System ~'OS"} UI;~lredes. Unless otherwise stated heroin, Customer is responsible for any OS upgrades to its System, Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate, 3. Seller Resecnsibilitv. 3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and verify specific anti-virus, anti-worm, or anti-hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and tirmware updates, as released. 3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or assistance for Updates. 3.5 Software Release Comoatibilitv. At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases; and (b) a list of Seller's Software Supplemental or Standard Releases 3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Seller's facilities. Seller shall decide whether on-sits correction of any Residual Error is required and will take appropdata action. 03-19521/ad Exhibit B - Support Plan Maintenance and Support Agreement # Exhibit C - 1 SUPPORT PLAN OPTIONS AND PRICING WORKSHEET SD052003DRBF Agreement Start Date: May 1,2003 - Sept. 30, 2003 CUSTOMER: Address (1): Address (2): CITY, STATE, ZIP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: Delmy Beach Police Dept BILLING AGENCY: Address (1): Address (2): CITY, STATE, ZIP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: For support on products below~ please contact Motorola at (800) 323-9949 (press 2} to recluest support. [~ Premier MDCTM [~ Premier MDCTM Message Switch [] Premier MDCTM Select r- Premier MDCTM Select Message Switch [] Premier MDCTM Reporting E Talk'~tndRF Plus [] TalkThru/RF Plus Message Switch E Premier Handheld [] PremlerHandheldCltation [] Premier2Way [] AJrMoblleTM [] TxMeesen~erTM SOFTINARE SUPPORT [] GOLD · 24 hours a day, 7 days a weak PPM · Supplemental Releases · Standard Releases · Technical Support Services ANNUAL FEE $ 16~317.50 SOFTWARE SUPPORT TOTAL $ 16,317.50 ~THER AVAII~LE OPTIONS [] Co~sulting Services - 8 Hour Blocks (plus travel fees) [] O~er: $ $ OTHER OPTIONS TOTAL $ FULL TERM FEE GRAND TOTAL* $ 16,317.50 *Exclusive of taxes if ap[~licable Maintenance and Support Agreement # Exhibit C - 2 SUPPORT PLAN OPTIONS AND PRICING WORKSHEET SD052003DRBF Agreement Start Date: October 1, 2003 CUSTOMER: Address (1): Address (2): CITY, STATE, ZiP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: Delray Beach Police Dept BILUNG AGENCY: Address (1): Address (2): CITY, STATE, ZIP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: For suppmt on products below~ please contact Motorola at (800} 323-9949 (press 2) to reclueet support [~ PremlerMDC TM [~ PremierMDC~,MeusageSwitch i'~ Premier MDCTM Reporting ~-- TalkThru/RF Plus [] Premier Handheld Citation [- Premier 2Way SOFTWARE SUPPORT ANNUAL FEE IR] GOLD $ 39r162.00 * 24 hours a day, 7 days a week PPM · Supplemental Releases · Standard Releases · Technical Support Services ~ Premier MDCTM Select [- Premier MDCTM Select Message Switch [] TalkThru/RF Plus Message Switch [- Premier Handheld [] AJrMobileTM E TxMessen~lerTM SOFTWARE SUPPORT TOTAL $ 39,162.00 OTHER AVAILABLE OPTIONS [] Consulting Sewices - 8 Hour Blocks (plus Iravel fees) [] Ob~r: $ $ OTHER OPTIONS TOTAL $ FULL TERM FEE GRAND TOTAL* $ 39,162.00 *Exclusive of taxes if applicable TO: THRU: FROM: SUBJECT: DAW~T. H RD , CI M~ANAGER PAUL DORLIN~OR OF PLANNING & ZONING MEETING OF AUGUST 5, 2003 - CONSENT AGENDA APPROVE ACCEPTANCE OF THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE FUNDING OF TRANSIT BUS SHELTERS In January 2003 the City was approved for the installation of 39 bus shelters through a County wide reimbursement program funded by the Metropolitan Planning Organization (MPO) and the Florida Department of Transportation (FDOT). The program is designed as a 50% reimbursement up to $7,500 per shelter. Due to a small number requests, the program was extended for a second round of applications. The City applied and received approval for an additional eight (8) shelters for a total of 47. The Community Redevelopment Agency (CRA) has committed a contribution of $112,500 for shelters to be installed in the CRA area in addition to three (3) shelters which have been funded by private developers. Attached for your review is the interlocal agreement from the County which the City must enter into in order to receive the reimbursement, in addition to a sample application outlining the specific requirements and obligations which are highlighted below. The Municipality agrees to clean and maintain the shelter in good working order for the life of the shelter or 10 years, whichever is greater; The shelter shall have a sign indicating the party responsible for the cleaning and maintenance of the shelter with a telephone number to report complaints. No advertising, advertisement, message or signage is permitted to be placed on or at the shelter, including the trash receptacle. The County may install signs, decals, or other informational notices regarding public transportation or Palm Tran's services; Shelters must be lighted from dusk to dawn by either solar lighting or by a utility company connection. Section 19 of the agreement requires completion and final invoicing for all shelters within 180 days of signing the interlocal agreement. The agreement is being presented for its acceptance and will be formally signed at the time the shelters are ordered and ready to be installed. The City Attorney's office has reviewed the agreement and has found it to be acceptable as to legal form. By motion, approve the acceptance of the interlocal agreement with Palm Beach County for the funding of transit bus shelters. Attachments: Interlocal Agreement Sample Application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 INTERLOCAL AGREEMENT FOR FUNDING OF TRANSIT BUS SHELTERS BETWEEN PALM BEACH COUNTY AND (Name of Municipality) THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2002, by and between the , a municipal corporation of the State of Florida; hereinafter referred to as "MUNICIPALITY", and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, the COUNTY operates a fixed route public transit system, hereinafter referred to as "Palm Tran," with routes situated within the MUNICIPALITY's geographical boundaries; and WHEREAS, the MUNICIPALITY desires to undertake a program to purchase, construct, install and maintain transit shelters (hereinafter referred to as "SHELTER(s)", within MUNICIPALITY's boundaries, at certain COUNTY designated Palm Tran Bus Stops (referred to hereinafter as "BUS STOPS"); and WHEREAS, because the COUNTY desires to improve bus passenger transit amenities and to increase the number of SHELTER(s) located within the MUNICIPALITY, the COUNTY is willing to reimburse fifty percent (50%) of certain costs incurred by the MUNICIPALITY related to the construction, placement and installation of each SHELTER not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) per SHELTER; and WHEREAS, during and after installation of each SHELTER, the MUNICIPALITY shall be totally responsible for all SHELTER maintenance and cleaning, the maintenance of the landscaping in the area immediately surrounding the SHELTER and the BUS STOP, and the removal of all trash and garbage; and WHEREAS, the MUNICIPALITY and COUNTY now wish to enter into an Agreement establishing the parties' respective obligations relating to the removal of trash and garbage and the construction, installation, maintenance and cleaning of any SHELTER(s) funded in part by the COUNTY under this Agreement. NOW, THEREFORE, in consideration of mutual covenants, promises, and Agreements herein contained, the parties agree as follows: 1. Recitals: The above recitations are true, correct and are incorporated herein and made a part hereof by reference. 2. Reimbursement: The COUNTY agrees to reimburse the MUNICIPALITY for FIFTY PERCENT (50%) or SEVEN THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($7,500.00) per shelter, whichever is less, of the total allowable cost incurred by MUNICIPALITY for the acquisition, construction and installation of each SHELTER installed at a site identified in Exhibit A under this Agreement. Not to Exceed Amount: The total not to exceed amount to be reimbursed by COUNTY for all SHELTER(s) acquired, constructed and installed under this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 6. 7. 8. 9. Intedocal Agreement is $. . This sum is based upon MUNICIPALITY's acquisition, construction and installation of (Number) SHELTER(s) as further identified in Exhibit A. Funding: The COUNTY agrees to provide funding in an amount not to exceed that established in paragraphs 2 and 3 above for certain identified and permitted costs associated with the construction and installation of the SHELTER(s) approved by COUNTY. Any costs associated with the design, permitting, construction administration or maintenance of the shelter(s) shall not be reimbursed by the COUNTY. No Additional Obligations: The COUNTY shall have no obligation to the MUNICIPALITY in excess of the amount provided in paragraph 3. COUNTY's obligations to the MUNICIPALITY shall be strictly limited to its funding obligation as expressly set forth in this Agreement. The COUNTY shall have no obligations to any other entity, contractor, or person who is in anyway associated with MUNICIPALITY's performance of this Agreement or who might benefit from the terms of this Agreement. MUNICIPALITY's Responsibility: The MUNICIPALITY shall be fully responsible for the design, obtaining all required construction permits, contract preparation, bidding, and contract administration for the SHELTER(s), including all payments to contractors and suppliers, all of which shall be undedaken and performed by the MUNICIPALITY in conformity with the requirements of this Agreement and all applicable Federal, State, COUNTY and MUNICIPALITY laws and regulations. The MUNICIPALITY further agrees to install the SHELTER(s) in accordance with the plans, specification and costs as submitted in the MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING package attached hereto as Exhibit B. Substantial variations from the submitted plans shall require the COUNTY's prior written approval. The determination as to whether a variation is eligible for reimbursement is vested solely in the COUNTY. MUNICIPALITY shall be responsible and liable for all SHELTER(s) acquired, constructed, installed and maintained hereunder, including the surrounding area and landscaping. Signage: Each SHELTER shall have a sign placed within it clearly indicating the party responsibility for the maintenance and cleaning of the SHELTER and a telephone number to which complaints may be reported. No advertising, advertisement, message or signage, of any kind or type whatsoever, shall be placed upon or at a SHELTER, including the trash receptacle, except as expressly required or permitted in this Agreement. Nothing contained herein .shall, however, preclude the COUNTY from placing or installing any signs, decals, messages, informational displays or notices regarding public transpodation or Palm Tran's services. Non-Assignment: The MUNICIPALITY shall obtain, provide and promptly pay for all labor and materials necessary for the acquisition, construction, installation and maintenance of the SHELTER(s). The MUNICIPALITY shall not convey, assign, sublet or transfer, in whole or in part, its rights, title to and interest in this Agreement or any SHELTER acquired, constructed, installed or maintained under this Agreement, the real property upon which the SHELTER is installed, without first obtaining the prior written consent of the County, which consent may be withheld for any reason or no reason at all. Maintenance: The MUNICIPALITY agrees to clean and maintain, in good working order and condition and in full compliance with the requirements of this Agreement, the SHELTER(s) constructed at sites identified in Exhibit A and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 56 10. 1t. 12. funded under this Interlocal Agreement, for the durable useful life of the shelter or a period of ten (10) years, whichever is greater. Should a shelter need to be relocated as a result of the relocation or discontinuance of a bus route at the original site, an alternative site shall made available by MUNICIPALITY for the remaining balance of MUNICIPALITY's ten (10) year maintenance obligation, and MUNICIPALITY's obligations shall be transferred to the relocated SHELTER site. Incorporation of Federal and State Requirements: The MUNICIPALITY agrees to incorporate all Federal and State contracting clauses identified in Exhibit C into all third party contracts relating to the design, acquisition, construction, installation and maintenance of the SHELTER(s) funded in part under this Interlocal Agreement. Failure to Maintain: The MUNICIPALITY agrees that if the MUNICIPALITY fails to satisfactorily perform its obligations under this Interlocal Agreement with regard to cleaning, trash removal and maintenance of SHELTER(s), that the COUNTY shall have the right to remedy any deficiencies, immediately and without notice to MUNICIPALITY, and MUNICIPALITY shall be responsible for all costs incurred by the COUNTY to remedy or correct any deficiency(les). COUNTY will, however, generally endeavor (although it is not required to do so) to advise MUNICIPALITY of any deficiency prior to COUNTY undertaking any action. Removal or Relocation: In the event the COUNTY shall determine, in its sole discretion, that a SHELTER(s) should be removed and/or relocated, the parties agree as follows: Should the COUNTY determine that a SHELTER needs to be removed and relocated solely as a result of a change to or discontinuance of a Palm Tran bus route, the MUNICIPALITY shall provide the COUNTY with a written estimate of the cost of removal and relocation of the SHELTER and the restoration of the original site. Upon the COUNTY's approval of the estimated cost, the MUNICIPALITY shall remove and relocate the SHELTER, and restore the original site. COUNTY shall reimburse the MUNICIPALITY for all approved estimated costs arising out of the relocation, removal and/or restoration of the original site to its previous condition. In the event the COUNTY determines that a SHELTER must be removed but not relocated to a new site, the COUNTY will reimburse the MUNICIPALITY for certain allowable amortized SHELTER construction costs incurred by the MUNICIPALITY for the SHELTER; provided, that, the SHELTER is removed and not relocated within five (5) years from the date a certificate of occupancy was issued for the SHELTER. The amortized cost of the SHELTER shall be calculated using a straight line basis based on an annual rate of depreciation of twenty percent (20%). (For example, the COUNTY will reimburse the MUNICIPALITY sixty percent (60%) of the initial allowable construction costs of a SHELTER, reimbursed by COUNTY, which is removed within two (2) years of the date a certificate of occupancy was issued by the MUNICIPALITY for the SHELTER.) All SHELTER(s) removed and not relocated by the MUNICIPALITY shall be delivered to and become the property of COUNTY, at no additional cost to COUNTY, unless the COUNTY shall waive, in writing, its rights to the SHELTER. Should a SHELTER need to be removed or relocated as a result of an action of the MUNICIPALITY (e.g., new development, road widening), the cost of the relocation or removal shall be borne solely by the MUNICIPALITY. In addition, the MUNICIPALITY shall reimburse the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 13. COUNTY for all funds provided by the COUNTY for the acquisition, construction and installation of the SHELTER, for any SHELTER which is removed and not relocated to an alternative site within ninety (90) days of its removal. Notwithstanding the foregoing, the MUNICIPALITY shall not be obligated to relocate a SHELTER, removed by the MUNICIPALITY, that has been in use for at least five (5) years from the date a certificate of occupancy was issued. Any SHELTER removed under this subparagraph shall be delivered to and become the property of County at no additional cost to COUNTY, unless the COUNTY shall waive, in writing, its rights to the SHELTER. SHELTER Standards: Any SHELTER(s) acquired, constructed and installed with funds provided under this Agreement shall meet and satisfy the following minimum standards: Be durable, vandal-resistant, Iow maintenance, and remain structurally sound during a minimum ten (10) year usable life. Be covered by a standing seam peaked roof design, curved roof design or COUNTY approved equal (no fiat roof design) with an insulated roof either attached to and conforming to the roof pitch or installed so that the insulation creates a fiat ceiling no less than 7-feet 6-inches (7'6") in height. Roof drainage and scuppering shall be to the rear or sides of the shelter. Be designed to withstand current wind load code requirements. A registered engineer licensed in the State of Florida shall sign design calculations. The anchoring technique shall allow for minimal effort to remove and reinstall the shelter, Have a minimum of two (2) sides (the back may be modified to allow wheelchair access) and an open front with sufficient roof coverage to protect the riders from the elements. Have seating for a minimum of two (2) adults and space for one (1) wheelchair. Seating shall be designed with anti-vagrant dividers. Seating shall either be secured to the concrete pad or to the SHELTER. Be fully compliant with the Federal Americans With Disabilities Act of 1990, as amended, and all regulation issued related thereto, including but not limited to 49 CFR Part 37, Appendix A. (such Act and its implementing regulations are referred to herein as "ADA"). All surfaces, signage, telephones, wheelchair lift clear area (or landing pad) overhangs, ramp and pad accessibility, curb cuts and sidewalk modifications shall comply with the ADA. All SHELTER sites or locations shall be free of sidewalk furniture and benches, unless expressly allowed by COUNTY's contract representative. Have a SHELTER foundation base which shall consist of a reinforced concrete slab at least six inches (6") thick extending six inches (6") beyond the SHELTER "foot-print" with a compatible paved ramp from the BUS STOP to the SHELTER. Be located at a current or proposed BUS STOP on an existing or proposed Palm Tran route, and at a location approved by COUNTY. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 14. Be located so as to meet or exceed the prevailing setback or clear zone requirements and provide an unobstructed view of arriving vehicular traffic for standing and seated persons. Have a minimum three (3) foot clearance around the shelter and any adjacent sidewalk to provide for unrestricted pedestrian traffic. If located adjacent to a building, the SHELTER design shall include a twelve inch (12") clear space at the rear of the SHELTER to permit trash removal and cleaning. Be located no closer than two feet (2') between the back-face of the curb and the roof panels of the SHELTER to permit clear passage of bus and truck side mirrors. Be equipped with a free standing or pedestal mounted trash container with a minimum capacity of five (5) gallons. Be fully compliant with all state and federal laws including all FDOT regulations. Maintenance Standards: The MUNICIPALITY agrees to comply with the following minimum standards regarding the cleaning, maintenance and removal or trash and garbage which shall be the sole obligation of the MUNICIPALITY: Each SHELTER shall be cleaned on all exposed surfaces and all graffiti, and all posters, advertisements, messages, signs, etc.. excluding that required under paragraph 7 above, shall be removed no less than once every two (2) weeks. All trash, garbage or debris shall be removed from the waste receptacle and the area surrounding the SHELTER at least bi- weekly or more frequently on an "as needed" basis. The SHELTER ceiling (including any ceiling fixture, if applicable) shall be cleaned at least twice a year or more frequently as needed. The SHELTER location grounds and area (within a fifteen (15) foot radius of the center or central most point of a SHELTER) shall be kept clean and free from all trash, garbage and debris, and any obstacle or condition which might create a danger to a member of the public using or accessing the SHELTER or the surrounding area. Grass on the SHELTER location grounds shall be maintained and mowed as necessary, but no less than biweekly (every two-weeks) during Spring, Summer and Fall, and at least once a month during the Winter. All paintable surfaces, if any, of each SHELTER shall be re-painted or otherwise coated as needed. Flourescent bulbs, ballasts and photo cells shall be replaced as needed to maintain SHELTER lighting. Broken panels, bent or broken roof support posts, broken display panels, burned out lights, faulty ballasts, malfunctioning photo-cells, or any damaged components of any SHELTER shall be replaced within seventy- two (72) hours of notification, or during bi-weekly cleaning, whichever is earlier. The MUNICIPALITY shall repair of any hazardous safety situation within two (2) hours after receipt of notification. All replacement 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 15. 16. 17. pads shall be of the same quality and type or better than those originally installed. Any damage, whether caused by vandals or otherwise, shall be immediately repaired and the SHELTER restored to its original condition, or replaced, unless permission to do otherwise is received in writing from COUNTY's contract representative. Lighting: The MUNICIPALITY shall supply and pay for all installation and usage charges for any utility service supplied to a SHELTER. Each SHELTER shall be lighted from dusk to dawn. Lighting may be provided by either solar power or supplied from a conventional public utility. Power supplied by a conventional public utility will be Ground Fault Interrupter (GFI) protected. Advertisements: The MUNICIPALITY shall not allow any advertisement, advertising, notices, postings, signage or messages, of any kind or type whatsoever, to be attached to or displayed upon any SHELTER, or communicated to any transit passenger except as authorized under paragraph 7 above. Third Party Contractors: The MUNICIPALITY shall require each contractor engaged to perform any work or services associated with this Agreement to: Obtain and maintain Workers' Compensation coverage in accordance with Florida Statutes. Obtain and maintain Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). The MUNICIPALITY shall require each contractor to save, defend, indemnify and hold harmless the MUNICIPALITY, COUNTY and Palm Tran, Inc., their respective directors, officers, employees, servants or agents from any and all liability which might inure to MUNICIPALITY, COUNTY or Palm Tran, Inc. as a result of or related to any contractor's performance or failure to perform any duty or obligation of MUNICIPALITY under this Agreement. The MUNICIPALITY shall include the following provisions in all third party contracts: Contractor agrees to protect, defend, reimburse, save, indemnify and hold the MUNICIPALITY, COUNTY and Palm Tran, Inc., their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times from and against any and all suits, actions, damages, liabilities, interest, attorneys' fees. costs and expenses of whatsoever kind or nature arising out of or related to the design, construction, installation, cleaning, or maintenance of the SHELTER(s) and the landscaping and surrounding area and whether directly or indirectly caused, occasioned or contributed to, in whole on in pad, by reason of any act, omission, fault or negligence whether active or passive, of the MUNICIPALITY, COUNTY or Palm Tran, Inc., er anyone acting under their direction or control. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 18. 19. 20. The Contractor further agrees to indemnify, defend, save and hold harmless the MUNICIPALITY, COUNTY and Palm Tran, Inc., their respective directors, officers, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any conduct or misconduct of the Contractor not included in the paragraph above and for which the MUNICIPALITY, COUNTY or Palm Tran, Inc., or their respective directors, officers, agents, servants or employees are alleged to be liable. Contractor's hold harmless and indemnity obligations shall apply to the fullest extent permitted by law. Contractor's obligations hereunder shall include and encompass any liability which may inure or accrue to the MUNICIPALITY, COUNTY or Palm Tran, Inc. as a result of Contractor's performance or failure to perform its contract with the MUNICIPALITY. Any compromise or settlement of any claim, or satisfaction of judgment by Contractor for itself, MUNICIPALITY, COUNTY or Palm Tran, Inc. shall not relieve Contractor of its obligations to any entity not included within or made a party to such settlement or satisfaction. Ownership and Right to Use: The MUNICIPALITY agrees that title to and ownership of each SHELTER acquired, constructed and installed with funds provided, in part, under this Agreement is vested in the MUNICIPALITY subject to the COUNTY's interest described heroin, paragraph 12 above and in any other provision of this Agreement. MUNICIPALITY hereby expressly grants and conveys to COUNTY a perpetual irrevocable and exclusive right, privilege and license to access and use any SHELTER(s) and the surrounding real property upon~which the SHELTER(s) are installed, for a public transit stop, passenger waiting area and transfer location, and any other use consistent with or accessory to the COUNTY's use of the SHELTER(s) and the surrounding site. Installation: The installation of any SHELTER funded, in part, under this Agreement shall be completed and final invoices submitted to the COUNTY within one hundred eighty (180) days from execution of this Agreement or such additional period permitted in writing by COUNTY's contract representative. The COUNTY shall have no obligation to the MUNICIPALITY or any other entity or person for any cost incurred thereafter. MUNICIPALITY shall not permit any third party contractor to lien or encumber, in any form or manner, any SHELTER installed under this Agreement or the real property upon which a SHELTER is installed, or to otherwise impair or interfere with any rights or interests the COUNTY has in a SHELTER or the site upon which it is located. Invoicing: Invoices shall be itemized in sufficient detail for pre-payment audit thereof, and shall be supported by copies of the corresponding paid contractor invoices and substantiate proof of payment and performance. The MUNICIPALITY shall certify that the expenditures for which each reimbursement is sought were proper, lawful, and made in accordance with the requirements of this Agreement. The MUNICIPALITY shall supply any other documentation requested by the COUNTY. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 Invoices to the COUNTY for reimbursement must contain the following: Two copies of the structural plans for each SHELTER signed by a registered engineer licensed by the STATE. (This may be waived, if the SHELTER selected is the COUNTY standard design). A project closeout summary supported by paid invoices, checks, or other documentation which is sufficient in form and detail to provide for verification that the services and/or materials have been performed and/or received and paid for by the MUNICIPALITY. Any in-kind materials and/or labor, acceptable for reimbursement under this Agreement, which is included as part of the costs must be reasonably documented, including payroll documentation. Any right-of-way documentation including a site drawing with dimensions indicating the placement of the shelter in right-of way and any additional sidewalk area added as part of the installation. A copy of any permits issued as well as a copy of completed foundation and electrical inspections. Invoices received from the MUNICIPALITY will be reviewed and, as appropriate, approved by the COUNTY's Contract Representative or his designee, indicating that the expenditures have been made in conformity with the requirements of this Agreement. Thereafter, they will be sent to COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within sixty (60) days following approval. 21. Repayment: The MUNICIPALITY shall repay the COUNTY for all unauthorized, impermissible, illegal or unlawful expenditures for which the MUNICIPALITY was reimbursed, including those discovered after the expiration or earlier termination of this Agreement. Any funds to be repaid to COUNTY are to be repaid within ten (10) days of COUNTY's demand for repayment by delivering to COUNTY's Contract Representative a certified check for the total amount due and payable. Nothing contained herein shall act as a limitation of the COUNTY's right to be repaid, as a waiver of any rights the COUNTY had, has, or may have, or shall preclude the COUNTY from pursuing any other remedy, whether legal or equitable, which may be available to COUNTY. 22. Records: The MUNICIPALITY shall maintain and shall require all of its contractors to maintain, in Palm Beach County, adequate records to justify all charges, expenses, and costs incurred for at least three (3) years after final payment by the COUNTY. 23. Independent Contractor and Indemnification: The MUNICIPALITY recognizes that it is an independent contractor, and not an agent or servant of the COUNTY or its Board of County Commissioners. The MUNICIPALITY agrees, to the extent permitted by law, to indemnify, defend, save and hold harmless the COUNTY and Palm Tran, Inc., their respective officers, directors, employees, servants or agents from and against any and all claims, suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of any type whatsoever arising out of or relating to the acquisition, construction, installation, existence, usage or maintenance of the SHELTER(s) or any activity, service or item which is the responsibility of the MUNICIPALITY as such activity, service or item may be related to this Agreement. The MUNICIPALITY agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY or Palm Tran, Inc., or their 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 24. 25. 26. 27. 28. 29. 30. respective officers, employees, servants or agents in connection with such claims, liabilities or suits, except those which are incurred due to the negligence of the COUNTY as such negligence relates to the funds provided by COUNTY under this Agreement. Nondiscrimination: The MUNICIPALITY represents and warrants that it will not discriminate in its performance of this Agreement and that its employees and members of the public utilizing public transportation services will be treated equally and without regard to race, color, age, sex, national origin, ancestry, marital status, sexual orientation, handicap, disability, or religion and shall not be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out under this Agreement. Remedies: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Any and all legal action necessary to enfome the Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now, or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. Enforcement: Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the party incurring such cost or expense. Notice of Claim or Suit: The MUNICIPALITY will promptly notify the COUNTY of any accident, injury, claim, or related complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Upon the request of COUNTY, the MUNICIPALITY will provide all information, in its or its contractors' possession, related to the accident, injury, claim, or lawsuit, including but not limited to the date, time, place, and circumstances, and the names and addresses of the people involved and the owners of property damaged. Default: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide the defaulting party thirty (30) days written notice before declaring a default and exercising any of its rights, including the right to terminate this Agreement; provided, however, that nothing contained in this paragraph shall preclude or prohibit the COUNTY from exercising its right to remedy any deficiency of the type or kind described in paragraph 11 above. COUNTY shall have the right to immediately remedy any such deficiency, with or without notice to MUNICIPALITY, and MUNICIPALITY shall be responsible for all costs incurred by COUNTY to correct the deficiency. Entirety of Agreement: This Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. Except as expressly permitted herein to the contrary, no modification, amendment~ or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 31. 32. 33. 34. 35. 36. 37. 38. interpretation, be construed more severely against one of the parties than the other. Captions: The captions and section or paragraph designations set forth in this Agreement are for convenience only and shall have no substantive meaning. Contract Representatives and Notice: The COUNTY's representative during the performance of this Agreement shall be the Executive Director of Palm Tran whose telephone number is 561-841-4200. The MUNICIPALITY's representative during the performance of this Agreement shall be its Mayor whose telephone number is . All notices required to be given under this Agreement shall be addressed: As to COUNTY Palm Tran Attn: Executive Director 3201 Electronics Way West Palm Beach, Florida 33407 As to MUNICIPALITY Annual Appropriation: The COUNTY's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by County's Board of County Commissioners for the purposes described in this Agreement. Waiver: No waiver of any provision(s) of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. Severability: Should any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions of this Agreement. Survivability: Any provision of this Agreement which is a continuing nature or imposes an obligation which extends beyond the expiration or termination of this Agreement shall survive ils expiration or termination. Compliance with Laws: The MUNICIPALITY shall abide by all applicable laws, orders, rules and regulations of the MUNICIPALITY and the COUNTY, and the MUNICIPALITY shall comply with all applicable governmental landscaping codes and/or requirements in the installation, maintenance and replacement of the SHELTER(s). No Waiver of Sovereign Immunity: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida Statutes. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 56 39. 40, Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Effective Date: The effective date of this Agreement shall be the date executed by the COUNTY having previously been executed by the MUNICIPALITY. (Remainder of Page Intentionally Left Blank) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement and it is effective on the date first above written. Palm Beach County, Florida, by its Board of County Commissioners (Name of Municipality) By: By: Warren H. Newell, Chairman Mayor Attest: Dorothy H. Wilken, Clerk Attest: By:. By: Deputy Clerk Municipal Clerk Approved as to Terms and Condition Approved as to Terms and Conditions By:. Perry Maull, Executive Director Palm Tran By:. Randy Whitfield, Director, MPO Approved as to Form and Legal Sufficiency Approved as to Form and Legal Sufficiency County Attorney Municipality's Attorney G:\....~draney~ABusShelters.cities.50-50funding6-28-02.wpd 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Exhibit "A" to the Interlocal Agreement for the Construction of Bus Shelters The following shelters will be constructed within the jurisdictional boundaries of the MUNICIPALITY and be funded, in part, by this Interlocal Agreement. On Street Cross Street/Location Palm Tran Bus Stop # 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 Exhibit "B" to the Interlocal Agreement for the Construction of Bus Shelters The attached MUNICIPAL APPLICATION FOP, TRANSIT SHELTER FUNDING package contains the plans and specifications of transit shelters being funded in part under this Interlocal Agreement. 14 Exhibit "C" to the Interlocal Agreement for the Construction of Bus Shelters The following Federal and State contracting clauses shall be included in any contract entered into between the MUNICIPALITY and any contractor or supplier of materials or labor for the construction, installation and maintenance of bus shelters funded in part under this Interlocal Agreement. 15 REPRESENTATIONS AND CERTIFICATIONS (.THIS ATTACHEMENT MUST BE COMPLETED AND RETURNED) TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Disadvantaged Business Emerprise (DBE) ....................................................................................... 2 Contingent Fee .................................................................................................................................. 2 Interest of Public Officials ................................................................................................................ 2 Covenant Against Gratuities ............................................................................................................. 2 Previous Contracts and Compliance Reports .................................................................................... 3 Affirmative Action Compliance ........................................................................................................ 3 Parent Company and Identifying Data .............................................................................................. 3 Certification of Independent Price Determination ............................................................................ 4 Certification of Nonsegregated Facilities .......................................................................................... 4 Drug-Free Workplace Program Certification .................................................................................... 5 Certification Regarding Debarment, Suspension, and Other Responsibility Matters, Prime Contract ............................................................................................................................................. 6 Conflict of Interest ............................................................................................................................ 7 Integrity Certification ........................................................................................................................ 8 Page 1 of 8 Exhibit C, Attachment A Disadvantaged Business Enterprise (DBE) The Offeror/Bidder represents as part of its offer that it (Mark one with an "X"): _ is _ is not a disadvantage business enterprise (DBE). A "DBE" is defined as "a small business concern which is at least 51% owned by one or more socially and economically disadvantaged individuals, or in case of any publicly owned business, at least 51% of thc stock of which is owned by one or more of the socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or of the socially and economically disadvantaged individuals who own it. For purposes of this definition, socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Asian-Pacific Americans, Asian- Indian Americans, Native Americans; and women, regardless of race, ethnicity or origin. If goals have been established, by submission of this offer, the Offeror/Bidder certifies that it will comply with the provisions of this solicitation entitled "Disadvantaged Business Enterprises Program" and will meet such goals as are established in any ensuing contract. Contingent Fee Except for full-time bona fide employees working solely for the Offeror/Bidder, the Offeror/Bidder represents as part of its offer that it (Mark one with an "X"): _ has _ has not employed or retained any company or persons to solicit or obtain this contract, and (Mark one with an "X"): __ has __ has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, pementage, brokerage~ or other fee contingent upon or resulting from the award of this contract. The Offeror/Bidder agrees to provide information relating to A. above, as requested by the Contracting Officer and, when any item in subparagraph A. is answered affirmatively, to promptly submit to the Contracting Officer a completed Standard Form 119 "Statement of Contingent or Other Fees." 3. Interest of Public Officials The Offeror/Bidder represents and warrants that no employee, official, or member of the Board (Executive Committee) of the Authority is or will be pecuniarily interested or benefited directly or indirectly in this contract. 4. Covenant Against Gratuities The Offeror/Bidder represents as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. See Paragraph 3 above entitled "Interest of Public Officials." Page 2 of 8 Exhibit C, Attachment A 5. Previous Contracts and Compliance Reports The Offeror/Bidder represents as part of its offer that it (Mark one with an "X"): _ has _ has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order Number 10925, or the clause contained in Section 201 of Executive Order Number 11114; and B. It (Mark one with an "X"): _ has _ has not filed all required compliance reports. Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract or awards. 6. Affirmative Action Compliance A. The Offeror/Bidder represents as part of its offer that it has a workforce of (# of employees): It (Mark one with an "X"): _ has developed and has on file _ has not developed and does not have on file at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or it (Mark one with an "X"): has has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 7. Parent Company and Identifying Data The Offeror/Bidder represents as part of its offer/bid that it (Mark one with an "X"): is is not owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of thc bidder. To own the bidding company means that thc parent company must own more than 50% of the voting rights in that company. A company may control a bidder as a parent even though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto basic policy decisions of thc Offeror/Bidder through the use of dominant minority voting rights, use of proxy voting, or otherwise. If the Offeror/Bidder is not owned or controlled by a parent company, it shall insert its own Employer's Identification Number: If the Offeror/Bidder is owned or controlled by a parent company, it shall enter below the name and main office address of the parent company, and the parent company's Employer's Identification Number. Page 3 of 8 Exhibit C, Attachment A Name of Parent Company and Main Office Address (Include Zip and Phone): Parent Company's Employer's Identification #: Certification of Independent Price Determination By submission of this offer, the Offeror/Bidder certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement: The prices in this offer have been arrived at independently, Without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror/Bidder or with any competitor. ii. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the Offeror/Bidder and will not knowingly be disclosed by the Offeror/Bidder prior to the opening (in the case of an advertised procurement), directly or indirectly to any other Offeror/Bidder or to any competitor; and iii. No attempt has been made or will be made by the Offeror/Bidder to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition. Each person signing this offer certifies that: He is the person in the Offeror/Bidder's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to A.i. through A.iii. above; or ii. He: (1) is not the person in the Offeror/Bidder's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to A.i. through A.iii. above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to A.i. through A.iii. above. Certification of Non-Segregated Facilities By the submission of this offer, the Offeror/Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The Offeror/Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Page 4 of 8 Exhibit C, Attachment A Clause in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or nation origin, because of habit, local custom or otherwise. It further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: ii. Obtain identical certifications from proposed subcontractors before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity Clause; Retain such certifications in its files; and iii. Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods). NOTICE TO PROSPECTIVE SUBCONTR.4CTORS CER TIFIC.4 TIONS OF NON-SE GRE G.4 TED FACILITIES OF REQUIREMENTS FOR A Certification of Non-Segregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for such subcontract or for all subcontracts during a period (i.e., quarterly, semiannually or annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 10. A. Drug-Free Workplace Program Certification By submission of a bid/offer, the bidder/offeror certifies and agrees that, with respect to the bidder/offeror and all employees of the bidder/offeror to be utilized in the performance of any contract resulting from this solicitation, it has or will establish and implement, prior to performance of this contract, a drug-free workplace program that complies with the provisions of 49 CFR Parts 653 and 654. The Bidder/Offeror shall submit for the Authority's review and approval as part of the Authority's pre-award responsibility survey their Drug Free Workplace Program. Failure of the bidder/offeror to have the drug-free workplace program complying with 49 CFR Parts 653 and 654 will be deemed a lack of responsibility rendering the bidder/offeror unqualified and ineligible for award. The contractor shall permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Florida, Palm Tran, or Palm Beach County to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the Page 5 of 8 Exhibit C, Attachment A testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before February first of each year and to submit to Palm Tran the Management Information System (MIS) reports before March First of each year. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. By Signing this Representations and Certifications, I certify that this firm __ has __ has not implemented a drug-free workplace program. 11. Do Certification Regarding Debarment~ Suspension~ and Other Responsibility Matters, Prime Contract In accordance with provisions of 49 CFR Part 29 and the certification instructions contained therein, the Offeror/Bidder certifies, to the best of its knowledge and belief, that it and/or any of its Principals (Mark one with an "X"): _ are _ are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts by any Federal department or agency or by the Authority (Mark one with an "X"): _ have _ have not within a three year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) contract or subcontract; violation of Federal State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property (Mark one with an "X"): __ are __ are not presently indicted for, or othe~vise criminally or civilly charged by a governmental entity (Federal, State or Local) with, commission of any of the offenses enumerated in this subparagraph of this certification; and (Mark one with an "X"): __ have __ have not within a three year period preceding this offer, had one or more public (Federal, State or Local) contracts terminated for cause or default. "Principals," for the purposes of this certification, means: officers, directors, owners, partners, key employee, or other person within the business entity with primary management or supervisory responsibilities; or a person who has a critical influence on or substantive control over contracts, whether or not employed by the Offeror/Bidder. The Offeror/Bidder shall provide immediate written notice to the Contracting Officer, if, at any time prior to a contract award, the Offeror/Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Where the Offeror/Bidder is unable to certify positively to any of the statements in this certification, the Offeror/Bidder shall attach an explanation to this offer. A certification that any of the items in subparagraph A of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror/Bidder's responsibility. Failure of the Offeror/Bidder to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror/Bidder nonresponsible. Page 6 of 8 Exhibit C, Attachment A Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by subparagraph A. of this provision. The knowledge and information of an Offeror/Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business. The certification in subparagraph A of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the OfferorfBidder knowingly rendered an erroneous certification, in addition to other remedies available to the Authority or the Federal Government or any of its departments or agencies, the Contracting Officer may terminate the contract resulting from this solicitation for default. The Offeror/Bidder further agrees by submitting this offer that it will include the following clause, without modification, in all subcontracts and in all solicitations for subcontracts: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION, SUBCONTRACTS ii. In accordance with the provisions of 49 CFR Part 29 and the certification instructions contained therein, the prospective subcontractor certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract by and Federal department or agency or by the Authority. Where the prospective subcontractor is unable to certify to any of the statements in this certification, such prospective subcontractor shall attach an explanation to this offer. 12. Conflict of Interest Certification This certification is required to be completed if the solicitation is a Request for Proposal (not required for Invitation for Bids). By submission of this proposal, I certify that: I have read and understand representations and Certifications Paragraph 3 above entitled "Interest of Public Officials" that will be incorporated into any contract resulting from this solicitation. I further understand that the pecuniary interest in that clause includes employment relationships. I understand the Authority has an internal conflict of interest policy for its employees, which includes as an actual or possible conflict of interest whether or not a member of the employee's immediate family works for a firm doing, or seeking to do, business with the Authority. {Mark one with an "X")' _ To the best of my knowledge and belief, no employee of my firm is related to an Authority employee; or _ An employee of my firm is related to an Authority employee and a letter to the Contracting Officer explaining that relationship is attached to this Exhibit. Page 7 of 8 Exhibit C, Attachment A D. The requirement of this certification has been passed through to all first-tier subcontractors or subconsultants anticipated to be used at the time of the submission of my proposal. 13. Integrity Certification As required by U.S. DOT regulations on Government wide Debarment and Suspension at 49 CFR 29.510, the Certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by and Federal department or agency; Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a crim'mal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theti, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in paragraph B. of this certification; and, Have not within a three (3) year period preceding this contract had one or more public transactions (Federal, state or local) terminated for cause of default. SIGNATURE BLOCK FOR ALL REPRESENTATIONS AND CERTIFICATIONS NAME OF BIDDER AND ADDRESS (INCLUDE ZIP & PHONE): SIGNATURE TYPE NAME DATE Offeror/Bidder MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS SOLICITATION (INCLUDING THIS EXHIBIT). FAILURE TO DO SO SHALL RENDER THIS BID/OFFER NONRESPONSIVE OR UNACCEPTABLE. A FALSE STATEMENT IN ANY BID OR PROPOSAL SUBMITTED TO THE AUTHORITY MAY BE A CRIMINAL OFFENSE IN VIOLATION OF APPLICABLE FEDERAL AND/OR STATE LAWS. Page 8 of 8 Exhibit C, Attachment A ADDENDUM TO GENERAL PROVISIONS (FEDERALLY ASSISTED CONSTRUCTION, ALTERATION OR REPAIR CONTRACT) TABLE OF CONTENTS 1. Davis-Bacon Act (F-114, JAN 94) ........................................................................................................ 2_ 2. Contract Work Hours and Safety Standards Act - Overtime Compensation B Construction (F-103.02, JUL 1) .................................................................................................................................. 3 3. Apprentices and Trainees (F-115, JAN 94) ........................................................................................... _4 4. Payrolls and Basic Records (F-! 16, JAN 94) ........................................................................................ 5 5. Compliance with Copeland Act Requirements (F-117, JAN 94) .......................................................... 6 6. Withholding of Funds (F-118, JAN 94) ................................................................................................ 7 7. Subcontracts (Labor Standards) (F-119, JAN 94) ................................................................................. _7 8. Contract Termination - Debarment (F-120, JAN 94) ............................................................................ _7 9. Disputes Concerning Labor Standards (F-12 l, JAN 94) ....................................................................... _7 10. Compliance with Davis-Bacon and Related Act Regulations (F-122, JAN 94) ................................... 8 11. Certification of Eligibility (F-123, JAN 94) .......................................................................................... 8 12..Equal Employment Opportunity (F-t24, JAN 94) ................................................................................ _8 13. Non-Discrimination Assurance (F-128, NOV 99) ................................................................................. 9 14. Affirmative Action Compliance Requirements for Construction (F-125, JAN 94) .............................. _9 15. Notice of Requirement for Affirmative Action to Ensure Eqnal Employment Opportunity ~Executive Order 11246) (F-126, JAN 94) .......................................................................................... 14 16. Title V1 Civil Rights Act of 1964 (F-104, JAN 94) ............................................................................ 1_~4 17. Disadvantaged Business Enterprise (DBE) Program (F-102, NOV 99) .............................................. 1~5 18. Clean Air and Water Act (F-105, JAN 94) .......................................................................................... L6 19. Energy Policy and Conservation Act (F-106, JAN 94) ....................................................................... 1~7 20. Officials Not to Benefit (F-107, JAN 94) ............................................................................................ 1~7 21. Project Signs (F-127, JAN 94) ............................................................................................................ 1~7 22. Buy America Provision (F-108, JAN 94) ............................................................................................ 1~7 23. Cargo Preference - Use of United States Flag Vessels (F-109, JAN 94) ............................................ 1~7 24. Audit and Inspection of Records (Fl 10, JAN 94) ............................................................................... 1~8 25. Restrictions on Lobbying (F-111, JAN 94) ......................................................................................... 1~8 26. Access Requirements for Individuals with Disabilities (F-112, JAN 94) ........................................... 1_~8 27. Notice of Federal Requirements (F-113, JAN 94) ............................................................................... 19 28. Fly America Reqnirements (F- 130, JUL01 ) ........................................................................................ 1~9 29. Seismic Safety (F-131, JUL 01) .......................................................................................................... 20 30. Program Fraud and False or Fraudulent Statements or Related Acts (F-132, JUL 01) ....................... 2~0 31. Incorporation o f Federal Transit Administration (FTA) Terms (F- 133, JUL 01) ............................... 20 The contract clauses and provisions in this Exhibit apply to all Federally assisted construction contracts. These provisions supersede and take precedence over any other clause or provision contained within this contract which may be in conflict therewith. Form 33.603x(01/02) Page 1 of 20 Exhibit C, Attachement B 1. Davis-Bacon Act (F-114, JAN 94) (a) All laborers and mechanics employed or working upon the site ofthe work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR. Part 3), the full amount of wage and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fi'inge benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, subject to the provisions of subparagraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the paffmular weekly period, are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause of these provisions entitled "Apprentices and Trainees". Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (b) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will Form 33.603x(01/02) Page 2 of 20 Exhibit C, Attachement B issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2) and (b)(3) of this clause, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics inchides a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Contract Work Hours and Safety Standards Act - Overtime Compensation B Construction (F- 103.02, JUL 01) (a) Overtime Requirements. No Contractor or subcontractor contracting for anypart of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborers or mechanics in any workweek in which the individual is employed on such work to work in excess for forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half(I-I/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. (b) Violation; Liability for Unpaid Wages; Liquidated Damages. Intheeventofanyviolationoftheprovisions set forth in paragraph (a) of this clause, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the provisions set forth in paragraph (a) of this clause. (c) Withholding for Unpaid Wages and Liquidated Damages. The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal Contract with the same Prime Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. (d) Payrolls and Basic Records. Form 33.603x(01/02) Page 3 of 20 Exhibit C, Attachement B (1) The Contractor or subcontractor shall maintain payrolls and basic payroll records dining the course of contract work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Nothing in this paragraph shall require the duplication of records required to be maintained for construction work by Department of Labor regulations at 29 C.F.R. 5.5(a)(3) implementing the Davis-Bacon Act. (2) The records to be maintained under paragraph (d)(l) of this clause shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit such representatives to interview employees during working hours on the job. (e) Subcontracts. The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform anypart of the labor or material requirements ora contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor'! under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 3. Apprentices and Trainees (F-115, JAN 94) (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they arc employed pursuant to and individually registered in a bona fide apprenticeship program registered with the US. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or ifa person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage, determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rates specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Form 33.603x(01/02) Page 4 of 20 Exhibit C, Attachement B Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. Except as provided 29 CFR. 5.16, trainees will not be permitted work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered in a program which has received prior approval, evidenced by formal certification by the US. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination of the work actually performed. In the event the Employment and Training Administration withdraws approval ora training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this provision shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR. Part 3. 4. Payrolls and Basic Records (F-116, JAN 94) (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and prese[ved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled "Davis-Bacon Act," that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Form 33.603x(01/02) Page 5 of 20 Exhibit C, Attachement B (b) (1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, US. Government Printing Office, Washington, D.C. 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract shall certify: (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, at 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fi'inge benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth in the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" requ'tred by paragraph (b)(2) of this clause. (4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) ofthis clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or Department of Labor to interview employees during working hours on the job. The contractor or subcontractor fails to submit the required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available maybe grounds for debarment action pursuant to 29 CFR 5.12. 5. Compliance with Copeland Act Requirements (F-Il7, JAN 94) The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. Form 33.603x(01/02) Page 6 of 20 Exhibit C, Attachement B 6. Withholding of Funds (F-118, JAN 94) The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the FTA or Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of ftmds until such violations have ceased. 7. Subcontracts (Labor Standards) (F-119, JAN 94) (a) The Contractor or subcontractor shall insert in anY subcontracts the clauses entitled "Davis-Bacon Act, Contract Work Hours and Safety Standards Act - Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Withholding of Funds, Subcontracts (Labor Standards), Contract Termination-Debarment, Disputes Conceming Labor Standards, Compliance with Davis- Bacon and Related Act Regulations and Certification of Eligibility," and such other clauses as the Contracting Officer may, by appropriate instructions, require, and also a clause requiring subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited in this paragraph. (b) (1) Within fourteen (14) days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Statement and Acknowledgment Form (SF 1413) for each subcontract, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph (a) of this clause have been included in the subcontract. (2) Within fourteen (14) days after contract award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. 8. Contract Termination - Debarment (F-120, JAN 94) A breach of the contract clauses entitled "Davis-Bacon Act, Contract Work Hours and Safety Standards Act - Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance With Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act Regulations or Certification of Eligibility" may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. 9. Disputes Concerning Labor Standards (F-121, JAN 94) The United States Department of Labor has set forth in 29 CFR Parts 5, 6 and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the "Disputes" clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the Authority, the US. Department of Labor, or the employees or their representatives. Form 33.603x(01/02) Page 7 of 20 Exhibit C, Attachement B 10. Compliance with Davis-Bacon and Related Act Regulations (F-122, JAN 94) All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are hereby incorporated by reference in this contract. 11. Certification of Eligibility (F-123, JAN 94) (1) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part ofthis contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the US. Criminal Code, 18 U.S.C. 1001. 12. Equal Employment Opportunity (F-124, JAN 94) (a) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability or national origin. This shall include, but not be limited to: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability or national origin. (5) The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contracting Officer advising the labor union or workers' representatives of the Contractor's commitments under this clause and Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor will comply with Executive Order 11246, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. (7) The Contractor will furnish to the Contracting Officer all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 Form 33.603x(01/02) Page 8 of 20 Exhibit C, Attachement B (EEO- 1) or any successor form, is the prescribed form to be filed within thirty (30) days following the award, unless filed within twelve (12) months preceding the date of award. (8) The Contractor shall permit access to its books, records, and accounts by the Contracting Officer, the Federal Transit Administration, and the Secretary of Labor for purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations and orders. (9) In the event it is determined that the Contractor is not in compliance with this clause or with any rule, regulation or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Federal or Federally-assisted contracts in accordance with procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, or by the rules, regulations and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the provisions of paragraphs (1) through (10) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued unde~- Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer or the FTA or the Secretary of Labor may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction. The Contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures 41 CFR. 60-1.1. 13. Non-Discrimination Assurance (F~128, NOV 99) The Contractor or subcontractor agrees that it will not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Authority deems appropriate. The Contractor understands that it is required to insert the substance of this clause in all subcontracts and purchase orders. 14. Affirmative Action Compliance Requirements for Construction (F-125, JAN 94) (a) Definitions. As used in this clause: (1) "Covered Area," as used in this clause, means the West Palm Beach, Florida Standard Metropolitan Statistical Area (SMSA) which includes Palm Beach County. (2) "Director," as used in this clause, means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department of Labor, or any person to whom the Director delegates authority. (3) "Employer Identification Number," as used in this clause, means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, US. Treasury Department Form 941. Foffn 33.603x(01/02} Page 9 of 20 Exhibit C, Attachement B (4) "Minority," as used in this clause, means: (i) American Indian or Alaskan Native (all persons having origins in any ofthe original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification); (ii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); (iii) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and (iv)Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race). (b) Ifthe Contractor, or a subcontract at any tier, subcontracts a portion ofthe work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause and the Notice containing the goals for minority and female participation stated in the clause of this contract entitled "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)." (c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the US. Department of Labor in a covered area, either individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with the plan for those trades that have unions participating in the plan. Contractors must be able to demonstrate participation in, and compliance with, the provisions of the plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good-faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's or subcontractor's failure to make good-faith efforts to achieve the plan's goals. (d) The Contractor shall implement the affirmative action procedures in subparagraphs (g)(1) through (g)(l 6) of this clause. The goals set forth in the clause entitled "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)" are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is being performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft. (e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor's obligations under this clause, Executive Orders 11246, as amended, or the regulations there under. (f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the US. Department of Labor. Form 33.603x(01/02) Page 10 of 20 Exhibit C, Attachement B (g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this clause shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the following: (1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure that foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities. (2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification to minority and female recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Establish and maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant, referrals of minorities or females from unions, recruitment soumes, or community organizations, and the action taken with respect to each individual. If an individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have taken. (4) Immediately notify the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under (g)(2) above. (6) Disseminate the Contractor's equal employment policy by: (i) Providing notice of the policy to unions and training, recruitment, and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations; (ii) Including the policy in any policy manual and in collective bargaining agreements; (iii) Publicizing the policy in the company newspaper, annual report, etc.; (iv) Reviewing the policy with all management personnel and with all minority and female employees at least once a year; and (v) Posting the policy on bulletin boards accessible to employees at each location where construction work is performed. Form 33.603x(01/02) Page 11 of 20 Exhibit C, Attachement B (7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with on-site supervisory personnel before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the Contractor's equal employment policy externally including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other contractors and subcontractors with which the Contractor does or anticipates doing business. (9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit minority persons and women. Where reasonable, provide after-school, summer and vacation employment to minority and female youth, both on the site and in other areas of the Contractor's workfome. (11) Validate all tests and other selection requirements where required under 41 CFR. 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opporttmities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion. (13) Ensure that seniority practices, j ob classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the Contractor's obligations under this contract are being carried out. (14) Ensure that all facilities and company activities are nonsegregated except that separate or single~user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and affirmative action obligations. (h) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or mom of the affirmative action obligations contained in subparagraphs (g)(1) through (g)(16). The efforts of a contractor association, joint contractor-union, contractor-community, or similar group of which the Contractor is a member and participant may be asserted as fulfilling one or more of its obligations under subparagraphs (g)(1) through (g)(16), provided the Contractor: (1) Actively participates in the group; Form 33.603x(01102) Page 12 of 20 Exhibit C, Attachement B (2) Makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry; (3) Ensures that concrete benefits of the program are reflected in the Contractor's minority and female workforce participation; (4) Makes a good-faith effort to meet its individual goals and timetables; and (5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. (i) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, ifa particular group is employed in a substantially disparate manner. (j) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (k) The Contractor shall not enter into any subcontract with any person or firm debarred fi:om Government contracts under Executive Order 11246, as amended. (1) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, bythe OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended. (m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g), above, so as to achieve maximum results fi:om its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Director shall take action as prescribed in 41 CFR 60-4.8. (n) The Contractor shall designate a responsible official to: (1) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carded out; (2) Submit reports as may be required by the Authority; and (3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained. Form 33.603x(01/02) Page 13 of 20 Exhibit C, Attachement B (o) Nothing contained herein shall be construed as a limitation upon the application o f other laws that establish different standards of compliance or upon the requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 15. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (F-126~ JAN 94) (a) The offeror's attention is called to the "Equal Opportunity" clause and the "Affirmative Action Compliance Requirements for Construction" clause of this contract. (b) (1) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: Goals for Minority Participation for Each Trade = 18.2% Goals for Female Participation for Each Trade = 6.9% (2) The goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Compliance Programs Office. (c) The Contractor's compliance with the Execntive Order and the regulations at 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements For Construction", and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good-faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR. 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Director of Federal Contract Compliance Programs within ten (1 O) working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the: name, address and telephone number of the subcontractor; employer's identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. (e) As used in this Notice/Clause, the "covered area" is the West Palm Beach, Florida Standard Metropolitan Statistical Area (SMSA) which includes Palm Beach County 16. Title VI Civil Rights Act of 1964 (F-104, JAN 94) During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: Form 33.603x(0tl02) Page t4 of 20 Exhibit C, Attachement B (a) Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination. The Contract, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall he notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. (d) Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Authority or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Authority, or FTA, as appropriate, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Authority shall impose such contract sanctions as it or FTA may determine to he appropriate, including, but not limited to: (1) Withholding of payments to the Contractor under the contract until the Contractor complies; and/or (2) Cancellation, termination or suspension of the contract, in whole or in part. (f') Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (f) of this clause in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Authority or FTA may direct as a means of enforcing such revisions including sanctions for noncompliance: provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Authority, and, in addition, the United States to enter into such litigation to protect the interests of the Authority and the United States. 17. Disadvantaged Business Enterprise (DBE) Program (F-102, NOV 99) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have a level playing field and an opportunity to participate in the performance of contracts financed in whole or in part with Federal fimds. Consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. Form 33,603x(01102) Page 15 of 20 Exhibit C, Attachement B 18. Clean Air and Water Act (F-105, JAN 94) (a) Definitions: (1) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 et seq.). (2) "Clean air standards," as used in this clause, means: (i) Any enfomeable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738. (ii) An applicable implementation plan as described in Section ll0(d) of the Air Act [42 U.S.C. 7410(d)]; (iii) An approved implementation procedure or plan under Section 110(c) or Section 11 l(d) of the Air Act [42 U.S.C. 741 l(c) or (d)]; or (iv) An approved implementation procedure under Section 112(d) of the Air Act [42 U.S.C. 7412(d)]. (3) "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with pre-treatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317). (4) "Compliance," as used in this clause, means compliance with: (i) Clean air or water standards; or (ii) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations. (5) "Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised, by a Contractor or subcontractor, used in the performance ora contract or subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee of the Environmental Protection Agency, determines that independent facilities are co-located in one geographical area. (6) "Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251 et seq.). (b) The Contractor agrees: (1) To comply with all the requirement of Section t 14 of the Clean Air Act (42 U.S.C. 7414) and Section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Form 33.603x(0t/02) Page 16 of 20 Exhibit C, Attachement B Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Enviromnental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility fi.om the listing; (3) To use best effort to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and (4) To insert thc substance of this clause into any nonexempt subcontract, including this paragraph (b)(4). 19. Energy Policy and Conservation Act (F-106, JAN 94) The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACt (42 U.S.C. Section 6321 et seq.). 20. Officials Not to Benefit (F-107, JAN 94) No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 21. Project Signs (F-127, JAN 94) The Contractor shall erect at the site of construction, and maintain during construction, signs satisfactoryto Palm Tran and the Department of Transportation identifying the project and indicating that the Federal Government is participating in the development of the project. 22. Buy America Provision (F-108, JAN 94) This contract is subject to the Buy America provisions of the Surface Transportation Assistance Act of 1982, as amended, and the Federal Transit Administration's implementing regulations found at 49 CFR Part 661. The provisions of that Act and its implementing regulations are hereby incorporated by reference into this contract. 23. Cargo Preference ~ Use of United States Flag Vessels (F-109, JAN 94) This clause only applies to contracts in which materials, equipment, or commodities may be transported by ocean vessel in carrying out the terms of the contract. As required by 46 CFR Part 381, the Contractor agrees: (a) To utilize privately owned United States-flag commercial vessels to ship at least fifty percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates of United States-flag commercial vessels. Form 33.603x(01/02) Page 17 of 20 Exhibit C, Attachement B (b) To furnish within thirty (30) days following the date of loading for shipments originating with the United States, or within thirty (30) working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a) above to the Authority, (through the Prime Contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh St., SW., Washington, D.C. 20590, marked with appropriate identification of the Project. (c) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 24. Audit and Inspection of Records (Fll0, JAN 94) (a) This clause is applicable if this contract was entered into by means ofnegotiation and shall become operative with respect to any modification to this contract whether this contract was initially entered into by means of negotiation or by means of formal advertising. . (b) The Contractor shall maintain records, and the Contracting Officer, the US. Department o f Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such Contractor, involving transactions related to the contract, for the purpose of making audit, examination, excerpts and transcriptions. (c) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Contracting Officer, the US. Department of Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontract, for the purpose of making audit, examination, excerpts and transcriptions. 25. Restrictions on Lobbying (F-Ill, JAN 94) (a) The Contractor shall timely comply with the requirements ofthe lobbying restrictions set forth in Section 301 of Public Law 101-121, as implemented by the Department of Transportation in 49 CFR Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying", is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Contracting Officer. 26. Access Requirements for Individuals with Disabilities (F-112, JAN 94) The Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. 1612; and the following regulations and any amendments thereto: Form 33.603x(01/02) Page 18 of 20 Exhibit C, Attachement B (1) US. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; (2) US. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; (3) US. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 CFR Part 38; (4) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; (5) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commemial Facilities," 28 CFR Part 36; (6) General Services Administration regulations, "Construction and Alteration of Public Buildings," "Accommodations for the Physically Handicapped," 41 CFR Part 101-19; (7) Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; (8) Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; and (9) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609. 27. Notice of Federal Requirements (F-113, JAN 94) The Contractor is advised that Federal requirements applicable to this contract as set forth in federal law, regulations, policies, and related administrative practices may change during the performance of this contract. Any such changes shall also apply to this contract. 28. Fly America Requirements (F-130, JUL01) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carder is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, ifa foreign air carder was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carder and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Form 33.603x(01/02) Page 19 of 20 Exhibit C, Attachement B 29. Seismic Safety (F-131, JUL 01) The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 30. Program Fraud and False or Fraudulent Statements or Related Acts (F-132, JUL 01) (a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C... 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.. 5307, the Government reserves the right to impose the penalties of 18 U.S.C.. 1001 and 49 U.S.C.. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (c) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions 31. Incorporation of Federal Transit Administration (FTA) Terms (F-133, JUL 01) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D (also see Change 1), dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Authority requests which would cause the Authority to he in violation of the FTA terms and conditions. Form 33.603x(01/02) Page 20 of 20 Exhibit C, Attachement B GENERAL PROVISIONS (CONSTRUCTION, ALTERATION OR REPAIR CONTRACT) TABLE OF CONTENTS 1. Definitions (6-402.01, JUL 91) ........................................................................................................ 3 2. Performance and Payment Bonds (D-400.01, JAN 98) ................................................................... 3_ 3. Notice to Proceed (D-200.02A, AUG 90) ....................................................................................... 3_ 4. Performance of Work by the Contractor (D-400.02, DEC 92) ........................................................ 4 5. Subcontractors (D-400.12, DEC 92) ................................................................................................ 4 6. Administrative Control of Documents (D-400.03, DEC 92) ........................................................... 4 7. Site Investigation and Conditions Affecting the Work (6-402.02, JUN 86) ................................... 4_ 8. Differing Site Conditions (6-402.03, JUN 86) ................................................................................ 5 9. Permits and Responsibilities (6-402.04, JUN 86) ........................................................................... 5_ 10. Title to Submittals (6-403.06, JUN 86) ........................................................................................... _6 11. _Specifications and Drawings (6-402.05, JUN 86) ........................................................................... _6 12. _Layout of Work (6-403.17, JUN 86) ................................................................................................ _7 13. Construction Schedule (6-403.07, JUN 86) ..................................................................................... _7 14. Other Contracts (6-402.06, JUN 86) ................................................................................................ 8 15. Protection of Existing Site Conditions (6-402.07, JUN 86) ............................................................ 8 16. Protection of Palm Tran Property (6-203.11, JUN 86) .................................................................... 8 17. .Operations and Storage Areas (6-402.08, JUN 86) ......................................................................... 9 18. .Superintendence by Contractor (6-402.09, JUN 86) ........................................................................ ~ 19. Variation in Estimated Quantity (6-402.10, JUN 86) ...................................................................... 9_ 20. Material and Workmanship (6-402.11, JUN 86) ............................................................................. 9_ 21. Cleaning Up (6-403.15, JUN 86) ................................................................................................... 1._Q0 22. Accident Prevention (6-403.16, JUN 86) ...................................................................................... 1~0 23. Suspension of Work (6-302.12, JUN 86) ...................................................................................... 1~1 24. Use and Possession Prior to Completion (6-402.13, JUN 86) ....................................................... 1~1 25. .Inspection of Construction (6-402.14, JUN 86) ............................................................................. 1~1 26. Warranty of Construction (6-402.15, JUN 86) .............................................................................. 1~3 27. Equitable Adjustments (D-400.04, DEC 92) ................................................................................. 1~3 28. Change Order Accounting (D-200.05, DEC 92) ............................................................................ 1~6 29. Changes (6-402.16, JUN 86) ......................................................................................................... 1~6 30. Time Extensions (6-403.11, JUN 86) ............................................................................................ 1_~7 31. Examination of Bid Documents (6-403.08, MAR 90) ................................................................... 1_~7 32. Pricing of Adjustments (6-203.01, JUN 86) .................................................................................. 1~7- 33. Price Reduction for Defective Cost or Pricing Data (Modificatious) (D-400.06, DEC 92) .......... 17 34. Certificate of Current Cost or Pricing Data (D-400.07, DEC 92) ................................................. 1~8 35. Termination for Convenience (6-402.17, JUL 91) ........................................................................ 20 36. Default (6-402.18, JUN 86) ........................................................................................................... 2~1 37. Seasonal Weather Conditions (D-400.08, DEC 92) ..................................................................... 2~2 38. Palm Tran's Right to Carry Out the Work (6-402.19, JUN 86) ..................................................... 2~2 39. No Damages for Delay (6-402.20, JUN 86) .................................................................................. 22 40. Notice of Labor Disputes (6-203.06, JUN 86) ............................................................................... 2~2 Form 33.604x (01/02) Page 1 of 34 Exhibit C, Attachment C 41. Disputes (6-202.11, MAR 90) ....................................................................................................... 23 42. payments (6-402.22, JUN 86) ........................................................................................................ 23 43. Invoicing and Payment (D-200.07A, JUN 01) .............................................................................. 24 44. Payment to Subcontractors (D-400.09, NOV 02) .......................................................................... 25 45. Interest on Contractor Indebtedness (6-303.06, JUN 86) .............................................................. 25 46. Royalties and Patents (6-402.23, JUN 86) ..................................................................................... 25 47. Federal, State, and Local Taxes (6-402.24, JUN 86) ..................................................................... 25 48. Assignment (6-402.25, JUN 86) .................................................................................................... 26 49. Equal Opportunity (6-402.26, JUN 86) ......................................................................................... 26 50. Publicity Releases (6-403.18, JUN 86) .......................................................................................... 26 51. Interest of Public Officials (6-402.27, JUN 86) ............................................................................. 26 52. Wage Rates (6-402.28, FEB 96) .................................................................................................... 26 53. Additional Bond Security (6-402.29, JUN 86) .............................................................................. 27 54. Indemnification (6-403.21, JUN 86) .............................................................................................. 27 55. Examination and Retention of Records (6-403.20, JUN 86) ......................................................... 27 56. Value Engineering (D-400.10, DEC 92) ........................................................................................ 28 57. Drug-Free Workplace Program (6-402.32, JUN 91) ..................................................................... 31 58. Order of Precedence (6-402.30, JUN 86) ...................................................................................... 33 59. Severability (D-400.1 I, DEC 92) .................................................................................................. 34 60. Governing Law (6-402.31, JUN 86) .............................................................................................. 34 61. Prompt Payment (F-129, NOV 99) ................................................................................................ 34 Form 33.604x (01/02) Page 2 of 34 Exhibit C, Attachment C 1. Definitions (6-402.01, JUL 91) As used throughout this contract, the following terms shall have the meaning set forth below: (a) The term "Palm Tran" means the Palm Beach County Department of Surface Transportation; and the term "duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized in writing to act for Palm Tran. (b) The term "Contracting Officer" means the person executing this contract on behalf of Palm Tran or his duly appointed successor; and the term includes, except as othe~vise provided in this contract, the authorized representative of the Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. (d) In computing any period oftime established under this contract, "days" means calendar days, and the day of the event from which the designated period of time begins to run shall not be included, but the last day shall be included unless it is a Saturday, Sunday, or Federal or State of Texas holiday, in which event the period shall mn to the end of the next business day. 2. Performance and Payment Bonds (D-400.01, JAN 98) (a) Performance Bond. The Contractor shall provide a Performance Bond if the contract mount exceeds $100,000. (b) Payment Bond. The Contractor shall provide a Payment Bond if the contract amount exceeds $25,000. (c) All required bonds shall be provided on the forms accompanying the solicitation in an amount equal to one hundred percent (100%) of the contract amount. The surety company providing the bonds must be authorized to do business in the State of Texas. The surety company shall be approved for the amount of the bonds and, either hold a certificate of authority from the U.S. Department of Treasury or have obtained reinsurance from a Treasury listed insurer, in accordance with the requirements of Article 7.19-1, Vemon's Texas Insurance Code, as amended. (d) The Contractor shall be required to submit all required bonds within ten (1 O) days from the date of Notice of Award. 3. Notice to Proceed (D-200.02A, AUG 90) The Contractor shall not proceed with any work required under this contract without a written Notice to Proceed from Palm Tran. Any work performed or expenses incurred by the Contractor prior to the Contractor's receipt of Notice to Proceed shall be entirely at the Contractor's risk. Form 33.604x (01/02) Page 3 of 34 Exhibit C, Attachment C 4. Performance of Work by the Contractor (D-400.02, DEC 92) (a) Contractor Participation. Except as otherwise provided, the Contractor shall perform no less than 25 percent (25%) of the work with his own organization. The on-site production of materials produced by other than the Contractor's forces shall be considered as being subcontracted. If, during the progress of work hereunder, the Contractor requests a reduction in such participation percentage and Palm Tran determines that it would be to Palm Tran's advantage, the percentage of the work required to be performed by the Contractor may be reduced; provided, written approval of such reduction is obtained by the Contractor from Palm Tran. (b) The organization ofthe specifications into divisions, sections, and articles, and the arrangement and titles of project drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of work to be performed by any trade. 5. Subcontractors (D-400.12, DEC 92) (a) In addition to any other requirements under this contract for the submission of any subcontract agreement, the Contractor shall provide to the Contracting Officer one (1) copy of all executed subcontracts associated with this contract, including any changes or modifications to subcontracts, within three (3) days of their execution. (b) No subcontractor shall be permitted to perform work associated with the subcontract until the subcontractor (or the Contractor on the subcontractor's behalf) is in compliance with the insurance requirements specified elsewhere in this contract, and has furnished satisfactory evidence of insurance to Palm Tran. 6. Administrative Control of Documents (D-400.03, DEC 92) Contractor correspondence, transmittal letters, etc., forwarded to Palm Tran and associated with this contract shall be sequentially numbered by the Contractor prior to submission to Palm Tran for ease of control and cross referencing. Correspondence shall also refer to the contract number identified on the cover sheet of this contract. Correspondence shall be addressed to the appropriate Palm Tran representative, and if it is addressed to any other individual other than the Contracting Officer, a copy of the correspondence shall be provided by the Contractor to the Contracting Officer also. 7. Site Investigation and Conditions Affecting the Work (6-402.02, JUN 86) (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including, but not limited to, (1) conditions bearing upon transportation, disposal, handling, and storageofmaterials; (2) the availability oflabor, water, electric power, and roads; (3) uncertainties of weather, flooding patterns and water drainage, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor acknowledges that its undertaking to complete the contract within the contract schedule includes an allowance for the normal number of days in which contract work may be partially or totally delayed because of weather during the season and at the location the Form 33.604x (01/02) Page 4 of 34 Exhibit C, Attachment C contract will be performed and that the Contractor shall not be entitled to excusable delays or compensation for such delays. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, access to the site, and territory surrounding the site, including all exploratory work done by Palm Tran as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work or for proceeding to perform the work successfully without additional expense to Palm Tran. (b) Palm Tran assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by Palm Tran. Nor does Palm Tran assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. 8. Differing Site Conditions (6-402.03, JUN 86) (a) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Officer of( 1 ) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed unless the Contractor has given the written notice required; provided, that the time prescribed in (a), above, for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. 9. Permits and Responsibilities (6-402.04, JUN 86) The Contractor shall, without additional expense to Palm Tran, be responsible for obtaining any necessary licenses and permits and for complying with any federal, state, county, and municipal laws, codes, and regulations applicable to the performance of the work, including, but not limited to, any laws or regulations requiring the use of licensed contractors to perform parts of the work. The Contractor also shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor also shall be responsible for all materials delivered and work performed until Form 33.604x (01/02) Page 5 of 34 Exhibit C, Attachment C completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. 10. Title to Submittals (6-403.06, JUN 86) All information, drawings, or other submittals required to be furnished by the Contractor to Palm Tran under this contract shall become the property of Palm Tran. 11. Specifications and Drawings (6-402.05, JUN 86) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of a discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any action or adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish fi.om time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended; and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by", or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown", "as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place" (that is, "furnished and installed"). (d) Shop drawings means drawings submitted to Palm Tran by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. Palm Tran may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval maybe returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and, if not approved as submitted, shall indicate Palm Tran's reasons therefore. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor fi.om responsibility for any errors or omissions in such Form 33.604x (01/02) Page 6 of 34 Exhibit C, Attachment C drawings or from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (0 If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Office for approval four copies (nnless otherwise indicated) of all shop drawings as called for under the various headings of the specifications. Three sets (anless otherwise indicated) of all shop drawings will be retained by the Contracting Officer, and one set will be returned to the Contractor. (h) This clause shall be included in all subcontracts at any tier. 12. Layout of Work (6-403.17, JUN 86) The Contractor shall lay out its work from Palm Tran-established base lines and bench marks indicated on the drawings and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor. 13. Construction Schedule (6-403.07, JUN 86) (a) Promptly after contract award, the Contractor shall meet with the Contracting Officer to discuss project scheduling and, at that meeting, shall submit a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a network analysis of suitable scale to indicate appropriately the percentage of the Contractor's work breakdown schedule which will be completed by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule. (b) The Contractor shall enter the actual progress on the schedule as directed by the Contracting Officer and, upon doing so, immediately shall deliver a copy of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to Palm Tran. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained. Form 33,604x (01/02) Page 7 of 34 Exhibit C, Attachment C (c) Failure of the Contractor to comply with the requirements of the Conlxacting Officer under this clause shall he grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the terms of this contract. 14. Other Contracts (6-402.06, JUN 86) Palm Tran may undertake, or award other contracts for, additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with employees of Palm Tran and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by employees of Palm Tran. 15. Protection of Existing Site Conditions (6-402.07, JUN 86) (a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site which are not to be'removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall remove trees only when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer. (b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property ora third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. 16. Protection of Palm Tran Property (6-203.11, JUN 86) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on or about premises owned by, or under the control of, Palm Tran. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to Palm Tran as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. Form 33.604x (01/02) Page 8 of 34 Exhibit C, Attachment C 17. Operations and Storage Areas (6-402.08, JUN 86) (a) The Contractor shall confine all operations (including storage of materials) on Palm Tran premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save Palm Tran, and its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. (b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to Palm Tran. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed bythe Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 18. Superintendence by Contractor (6-402.09, JUN 86) At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. 19. Variation in Estimated Quantity (6-402.10, JUN 86) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit- priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request (in writing) an extension of time to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified. 20. Material and Workmanship (6-402.11, JUN 86) (a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting Form 33.604x (01/02) Page 9 of 34 Exhibit C, Attachment C competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor also shall obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. Th~ Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. 21. Cleaning Up (6-403.15, JUN 86) The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of Palm Tran. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. 22. Accident Prevention (6-403.16, JUN 86) (a) In performing this contract, the Contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoiding work interruptions. For these purposes, the Contractor shall: (1) provide appropriate safety barricades, signs, and signal lights; (2) comply with all safety standards required by federal, state, or local law and any additional standards customarily employed in connection with the type of work being performed or the conditions at the site; and (3) ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken. (b) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Contracting Officer. (c) The Contracting Officer shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Contracting Officer mayissue an order stopping all or part of the Form 33.604x (01/02) Page 10 of 34 Exhibit C, Attachment C work until satisfacto~ corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (d) The Contractor shall be responsible for its subcontractors' compliance with this clause. 23. Suspension of Work (6-302.12, JUN 86) (a) The Contracting Officer may order the Contractor in writing to suspend all or anypart ofthe work for such period of time as he may determine to be appropriate for the convenience of Palm Tran. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended or delayed by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension or delay, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension or delay to the extent (1) that performance would have been suspended or delayed by any other cause, including the fault or negligence of the Contractor, or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension or delay, but not later than the date of final payment. No part of any claim based on the provisions of this clause shall be allowed if not supported by adequate evidence showing that the cost would not have been incurred but for a delay within the provisions of this clause. 24. Use and Possession Prior to Completion (6-402.13, JUN 86) (a) Palm Tran shall have the right to take possession ofor use any completed or partially completed part ofthe work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that Palm Tran intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. Palm Tran's possession or use shall not be deemed an acceptance of any work under the contract. (b) While Palm Tran has such possession or use, the Contractor shall be relieved ofthe responsibility for the loss of or damage to the work resulting from Palm Tran's possession or use, notwithstanding the terms of the "Permits and Responsibilities" clause of this contract. If prior possession or use by Palm Tran delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall he made in the contract price or the time of completion, and the contract shall be modified in writing accordingly. 25. Inspection of Construction (6-402.14, JUN 86) (a) The word "work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components. Form 33.604x (01/02) Page 11 of 34 Exhibit C, Attachment C (b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work called for by this contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to Palm Tran. All work shall be conducted under the general direction of the Contracting Officer and is subject to inspection and testing by Palm Tran at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) Inspections and tests by Palm Tran are for the sole benefit of Palm Tran and do not: (1) relieve the Contractor of responsibility for providing adequate quality control measures; (2) relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) constitute or imply acceptance; or (4) affect the continuing rights of Palm Tran after acceptance of the completed work under paragraph (i) below. (d) The presence or absence of an inspector from Palm Tran does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specifications without the Contracting Officer's written authorization. ' (e) The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. Palm Tran may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. Palm Tran shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. (f) The Contractor shall, without charge, replace or correct work found by Palm Tran not to conform to contract requirements, unless in the public interest Palm Tran consents to accept the work with an appropriate downward adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (g) If the Contractor does not promptly replace or correct rejected work, Palm Tran may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceedi (h) If, before acceptance of the entire work, Palm Tran decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time. (i) Unless otherwise specified in the contract, Palm Tran shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Subject to the provisions of the "Warranty of Construction" clause hereof, acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or Palm Tran's rights under any warranty or guarantee. Form 33.604x (01102) Page 12 of 34 Exhibit C, Attachment C 26. Warranty of Construction (6-402.15, JUN 86) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (j) of this clause, that work performed under this contract conforms to the contract requirements and is free o f any defect in equipment, material, or design furnished, or workmanship performed, by the Contractor or any subcontractor or supplier at any tier. (b) This warranty shall continue for a period of one year from the date of final acceptance of the work. If Palm Tran takes possession of any part of the work before final acceptance, this warranty for such part of the work shall continue for a period of one year from the date Palm Tran takes possession. (c) The Contractor shall remedy at the Contractor's expense (i) any failure to conform to the contract requirements or (ii) any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to real or personal property owned or controlled by Palm Tran, when the damage is the result off (1) the Contractor's failure to conform to contract requirements; or (2) any defect of equipment, material, workmanship, or design furnished. (d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. (e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. (0 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, Palm Tran shall have the right to replace, remove, or othel~vise remedy the failure, defect, or damage at the Contractor's expense. (g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) obtain all warranties that would be given in normal commercial practice; (2) require all warranties to be executed, in writing, for the benefit of Palm Tran, if directed by the Contracting Officer; and (3) enforce all warranties for the benefit of Palm Tran, if directed by the Contracting Officer. (h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, Palm Tran may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. (i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by Palm Tran or for the repair of any damage that results from any defect in material or designs furnished by Palm Tran. (j) This warranty shall not limit Palm Tran's rights under the "inspection of Construction" clause of this contract with respect to latent defects, gross mistakes, or fraud. 27. Equitable Adjustments (D-400.04, DEC 92) (a) The provisions of the "Changes" clause in the General Provision are supplemented as follows: Form 33.604x (01/02) Page 13 of 34 Exhibit C, Attachment C (1) Upon written request, the Contractor shall submit a proposal, in accordance with the requirements and limitations set forth in the "Equitable Adjustments" clause, for work involving contemplated changes covered by the request. The proposal shall be submitted within the time limit indicated in the request for any extension of such time limit as may be subsequently granted. The Contractor's written statement of the monetary extent of a claim for equitable adjustment shall be submitted in the following form: (i) Proposals totaling $5,000 or less shall be submitted in the form of a lump sum proposal with supporting information to clearly relate elements of cost with specific items of work involved to the satisfaction of the Contracting Officer, or his/her authorized representative. (ii) For proposals in excess of $5,000, the claim for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract. The itemized breakdown shall, at the least, include the items specified in subparagraph (a)(2), below. (2) Calculation of Direct Costs (i) Material quantities by trades and unit costs. (Manufacturing burden associated with material fabrication performed will be considered to be part of the material costs of the fabricated item delivered to the job site.) (ii) Labor breakdown by trades and unit costs. (Identified with specific item of material to be placed or operation to be performed.) (iii) Construction equipment exclusively necessary for the change. (iv) Costs of preparation and/or revision to shop drawings resulting from the change. (v) Employment taxes under FICA and FUTA. (vi) Bond Costs -- when size of change warrants revision. (3) Calculation of Overhead, Profit and Commission (i) The allowable overhead shall be determined in accordance with thc contract cost principles and procedures in Chapter 7 of Palm Tran's Procurement Regulations in effect on the date of this contract but in no case shall exceed the following. The percentages for profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following: Form 33.604x (01/02) Page 14 of 34 Exhibit C, Attachment C OVERHEAD PROFIT COMMISSION (%) (%) (%) TO CONTRACTOR ON THE WORK PERFORMED BY OTHER THAN HIS OWN WORK FORCE 0 0 10 TO THE FIRST TIER SUBCONTRACTOR ON WORK PERFORMED BY HIS SUBCONTRACTORS 0 0 10 TO CONTRACTOR AND/OR THE SUBCONTRACTORS FOR THAT PORTION OF THE WORK PERFORMED WITH THEIR RESPECTIVE WORKFORCES 15 10 0 (ii) The Contractor or any subcontractor at any tier shall not be allowed any commission on the allowable profit or commission of any lower-tiered subcontractor. Equitable adjustments for deleted work shall include credits for overhead, profit and commission. On proposals covering both increases and decreases in the amount of the contract, the application of overhead and profit shall be on the net change in direct costs for the Contractor or subcontractor performing the work. (4) The Contractor shall submit with the proposal its request for time extension (if any), and shallinclude sufficient information and dates to demonstrate whether and to what extent the change will delay the contract in its entirety. (5) In considering a proposal, Palm Tran shall check estimates in detail, utilizing unit prices where specified or agreed upon, with a view to arriving at an equitable adjustment. (6) After receipt of a proposal the Contracting Officer shall act thereon. If the necessity to proceed with a change does not allow time properly to check a proposal, the change cannot be reasonably estimated, or in the event of a failure to reach an agreement on a proposal, Palm Tran may order the Contractor to proceed on the basis of price to be determined at the earliest practicable date. If appropriate, the contractor may be required to proceed in accordance with General Provision entitled Change Order Accounting (commonly referred to as Force Account or Time and Materials). (7) If a mutually acceptable agreement cannot be reached, the Contracting Officer may determine the price unilaterally, subject to the "Disputes" clause of the General Provisions. (b) The provisions of the "Differing Site Conditions" clause prescribed by the General Provisions, are supplemented as follows: The Contractor shall submit all claims for equitable adjustment in accordance with, and subject to the requirements and limitations set out in paragraph (a) of this "Equitable Adjustments" clause. Form 33.604x (01/02) Page 15 of 34 Exhibit C, Attachment C 28. Change Order Accounting (D-200.05, DEC 92) In the event an equitable adjustment under the General Provision clause entitled "Changes" as supplemented by the General Provision entitled "Equitable Adjustment" cannot be agreed to in a timely manner, the Contracting Officer may issue a change order and require change order accounting. The Contractor for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred, segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Contractor shall maintain such accounts until the parties agree to an equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively disposed of in accordance with the "Disputes" clause. 29. Changes (6-402.16, JUN 86) "(a) TheC~ntracting~~cermay~atanytime~with~utn~ti~et~thesureties~ifany~bywritten~rderdesignated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes -- (1) in the specifications (including drawings and designs); (2) in the method or manner of performance of.the work; (3) in the facilities, equipment, materials, services, or site to be furnished by Palm Tran; or (4) directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change in the Contractor's obligations shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, cimumstances, and source of the order and (2) that the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for a "proposal for adjustment" (hereafter referred to as proposal) based on defective specifications, no proposal for any change under paragraph (b), above, shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which Palm Tran is responsible, the equitable adjustment shall include the increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must submit any proposal under this clause within 30 days after (1) receipt of a written change order under paragraph (a), above, or (2) the furnishing of a written notice under paragraph (b), above, by submitting to the Contracting Officer a written statement describing the general nature and amount of the Form 33.604x (01/02) Page 16 of 34 Exhibit C, Attachment C proposal, unless this period is extended by Palm Tran. The proposal may be included in the notice under paragraph (b), above. (0 No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. 30. Time Extensions (6-403.11, JUN 86) Notwithstanding any other provisions of this contract, the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The contract modification granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule. 31. Examination of Bid Documents (6-403.08, MAR 90) Palm Tran shall have the right to examine and review the Contractor's original bid and estimating documents used in preparing its bid as a reference to aid in Palm Tran's evaluation of the Contractor's scheduling and construction progress. A certified copy of such documents shall be submitted to Palm Tran if requested by the Contracting Officer. Palm Tran shall maintain in confidence all information contained in such bid and estimating documents. It is Palm Tran's position that the Contractor's estimating documents in support of its original bid arc exempt from mandatory release prior to award of contract under the Texas Open Records Act. After award, the documents would require individual review to determine whether or not an exemption from release under the Act is available. 32. Pricing of Adjustments (6-203.01, JUN 86) When costs are a factor in any determination of a contract price adjustment pursuant to the "Changes" clause or any other provision of this contract, such costs shall be in accordance with Chapter 7 (Cost Principles) of Palm Tran's Procurement Regulations in effect on the date of this contract. 33. Price Reduction for Defective Cost or Pricing Data (Modifications) (D-400.06, DEC 92) (a) This clause shall become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, ofmorc than $100,000, except that this clause does not apply to any modification for which the price is: (1) based on adequate price competition; (2) based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) set by law or regulation. (b) If any price (including profit) or fee negotiated in connection with any modification covercd by this clause under paragraph (a), above, was increased by any significant amount because (1) the Contractor or subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its respective Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished to the Contractor (in support of the subcontractor cost estimates) cost or pricing data that were not Form 33.604x (01/02) Page 17 of 34 Exhibit C, Attachment C complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price shall be reduced accordingly and the contract shall be modified to reflect the reduction. (c) Any reduction in the contract price under paragraph (b), above, due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and pro fit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor (if there was no subcontract) was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. (d) Before awarding any subcontract expected to exceed $100,000 when entered into, or pricing any subcontract modification involving a pricing adjustment expected to exceed $100,000, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless the price of the subcontract or modification thereto is (1) based on adequate price competition; (2) based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) set by law or regulation. (e) The Contractor shall require the subcontractor to certify in substantially the form prescribed in section 3- 505 of Palm Tran's procurement regulations that, to the best of its knowledge and belief, the data submitted under paragraph (d), above, were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (f) The Contractor shall insert the substance of subparagraphs (d) and (e) and this subparagraph (0 of this clause in each subcontract that exceeds $100,000 when entered into. 34. Certificate of Current Cost or Pricing Data (D-400.07, DEC 92) (a) When cost or pricing data must be certified, a certificate substantially as set forth below shall be included in the contract file along with any award documentation required under these regulations. The offeror or contractor shall be required to submit the certificate as soon as practicable after agreement is reached on the contract price or adjustment. Form 33.604x (01/02) Page 18 of 34 Exhibit C, Attachment C CERTIFICATE OF CURRENT COST OR PRICING DATA This is to certify that, to the best of my knowledge and belief, cost or pricing data as defined in the Palm Tran Procurement Regulations submitted, either actually or by specific identification, in writing, to the Contracting Officer in support of *, are accurate, complete, and current as of (date) __ (month) (year).** This certification includes the cost or pricing data supporting any advance agreement(s) between the offeror and Palm Tran which are part of the proposal. Firm Sallie Title Date of Execution / / *** (End of Certificate) *Describe the proposal, quotation, request for price adjustment or other submission involved, giving appropriate identifying number (e.g., RFP No. ). **The effective datb shall be a mutually determined date prior to but as close to the date when price negotiations were concluded and the contract price was agreed to as possible. The responsibility of the offeror ~or contractor is not limited by the personal knowledge of the o fferor's or contractor's negotiator if the offeror or contractor had information reasonably available, at the time of agreement, showing that the negotiated price is not based on accurate, complete, and current data. ***This date should be as soon after the date when the price negotiations were concluded and the contract price was agreed to as practical. (b) Although the certificate pertains to "cost or pricing data," it is not to be construed as a representation as to the accuracy of the o fferor's or contractor's judgment on the estimated portion of future costs or projections. It does, however, constitute a representation as to the accuracy of the data upon which the offeror's or contractor's judgment is based. A Certificate of Current Cost or Pricing Data shall not substitute for examination and analysis of the offeror's or contractor's proposal. (c) If such a certificate is required, and data subsequently are found to have been inaccurate, incomplete, or noncurrent as of the date stated in the certificate, Palm Tran is entitled to an adjustment of the contract price, including profit or fee, to exclude any significant sum by which the price, including profit or fee, was increased because of the defective data. (d) The exercise ofan option at the price established in the initial negotiation in which certified cost or pricing were used does not require recertification or further submission of data. Form 33.604x (01/02) Page 19 of 34 Exhibit C, Attachment C 35. Termination for Convenience (6-402.17, JUL 91) The Contracting Officer may, whenever the interests of Palm Tran so require, terminate this contract, in whole or in part, for the convenience of Palm Tran. The Contracting Officer shall give written notice of the termination to the Contractor specifying the part of the contract terminated and when termination becomes effective. (a) The Contractor shall incur no further obligations in connection with the terminated work, and, on the date set in the notice of termination, the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The Contracting Officer may direct the Contractor to assign the Contractor's right, title, and interest under terminated orders or subcontracts to Palm Tran. The Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so. (b) The Contracting Officer may require the Contractor to transfer title and deliver to Palm Tran in the manner and to the extent directed by the Contracting Officer: (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to Palm Tran. The Contractor shall, upon direction of the Contracting Officer, protect and preserve property in the possession of the Contractor in which Palm Tran has an interest. If the Contracting Officer does not exercise this right, the Contractor shall use its best efforts to sell such supplies and manufacturing materials. (c) Palm Tran shall pay the Contractor the following amounts: (1) For contract work performed before the effective date of termination, the total (without duplication of any items) of-- (i) the cost of this work; (ii) the cost o f settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subparagraph (i), above; and (iii) a sum, as profit on (i), above, determined by the Contracting Officer to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subparagraph (iii) and shall reduce the settlement to reflect the indicated rate of loss. (2) The reasonable costs of settlement of the work terminated, including -- (i) accounting, legal, clerical, and other expenses reasonably necessal~ for the preparation of termination settlement proposals and supporting data; (ii) the termination and settlement of subcontracts (excluding the amounts of such settlements); and Form 33.604x (01/02) Page 20 of 34 Exhibit C, Attachment C (iii) storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. (3) The total sum to be paid the Contractor under this subparagraph shall not exceed the total contract price plus the reasonable settlement costs of the Contractor reduced by the amount of payments otherwise made, the proceeds of any sales of construction, supplies, and construction materials under this subparagraph, and the contract price of work not terminated. 36. Default (6-402.18, JUN 86) (a) Ifthe Contractor refuses or fails (i) to commence the work within the time required by this contract, (ii) to prosecute the work or any separable part with the diligence that will ensure its completion within the time specified in this contract, including any extension, (iii) to provide sufficient and properly skilled workmen or proper materials or equipment to complete the work in an acceptable manner and without delay, (iv) to promptly pay its subcontractors, laborers, and material men, (v) to perform any of its other obligations under this contract, or (vi) to complete the work within the time specified in this contract ("events ofdefanlt"), Palm Tran may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work). In this event, Palm Tran may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to Palm Tran resulting from events of default, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by Palm Tran in completing the work. (b) The Contractor's right to proceed shall not be terminated because of delays nor the Contractor charged with damages under this clause, if-- (1) the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor (examples of such causes include (i) acts of God or of the public enemy, (ii) acts of Palm Tran in either its public or contractual capacity, (iii) acts of another Contractor in the performance of a contract with Palm Tran, (iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers); and (2) the Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties but subject to appeal under the "Disputes" clause. (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Palm Tran. Form 33.604x (0t/02) Page 21 of 34 Exhibit C, Attachment C (d) The rights and remedies of Palm Tran in this clause are in addition to any other rights and remedies provided by law or under this contract. Time is of the essence for all delivery, performance, submittal, and completion dates in this contract. 37. Seasonal Weather Conditions (D-400.08, DEC 92) Seasonal weather conditions shall be considered and included in the planning and scheduling of all work influenced by high and low ambient temperatures, precipitation and/or saturated soil ensure completion of all work within the contract time. Average historical climatic conditions for the preceding ten (10) years are published by the National Oceanographic and Atmospheric Administration (NOAA) and entitled "Local Climatological Data - Dallas/Fort Worth, Texas." Contract time extensions for abnormal weather will be granted only to the extent that the actual time lost during a particular month exceeds the average lost time indicated by the NOAA tables as defined above. Time extensions granted for abnormal weather are not compensable. 38. Palm Tran's Right to Carry Out the Work (6-402.19, JUN 86) If the Contractor fails or refuses to carry out all or any part of the work in accordance with the contract requirements or within the contract schedule and fails or refuses to correct such deficiency within seven days of receipt of written notice thereof from Palm Tran, Palm Tran, in its sole discretion and without waiving any other rights it may have, may elect to correct such deficiencies and charge the Contractor the cost of such corrections. Nothing in this clause shall relieve the Contractor of its obligation to perform the remainder of the work in accordance with the contract. 39. No Damages for Delay (6-402.20, JUN 86) Unless otherwise specifically provided for by the contract, the Contractor shall not be entitled to damages of any type resulting from hindrances, delays, or any other cause under this contract except when the work is stopped or suspended by a written order signed by the Contracting Officer or by intentional interference by Palm Tran. 40. Notice of Labor Disputes (6-203.06, JUN 86) (a) Ifthe Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor immediately shall give notice, including all relevant information, to the Contracting Officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph (b), in any subcontract under which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or the Contractor, as the case may be, of all relevant information concerning the dispute. Form 33.604x (01/02) Page 22 of 34 Exhibit C, Attachment C 41. Disputes (6-202.11, MAR 90) (a) Except as otherwise provided in this contract, any dispute conceming a question of fact or law arising under or related to this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, on or before the 90th day from the date of receipt of such copy, the Contractor mails or otherwise furnishes a written appeal addressed to Palm Tran. The decision of Palm Tran or its duly authorized representative on such appeal shall be final and conclusive as to questions of fact unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. The decision of Palm Tran or its duly authorized representative shall not be final and conclusive as to questions of law. No action challenging such decision shall be brought more than two years from the date of the Contractor's receipt of such decision. In connection with any appeal of the Contracting Officer's decision, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending the final resolution of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decisidn. (b) Ifit is determined, on appeal, that the Contracting Officer's interpretation of the contract, direction to the Contractor, or any other action required by the Contracting Officer's decision was an erroneous determination of the rights and obligations of the parties under the contract, the Contractor's remedy shall be the same as if such action were a change order under the "Changes" clause of this contract. 42. Payments (6-402.22, JUN 86) (a) Palm Tran shall pay the Contractor the contract price as provided in this contract. Co) Palm Tran shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site may also be taken into consideration if consideration is specifically authorized by this contract and the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. (c) In making these progress payments, there shall be retained 10 percent ofthe estimated amount until final completion and acceptance of the contract work. However, if the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer may authorize payment to be made in full without retention of a percentage. When the work is substantially complete, the Contracting Officer shall retain an amount that the Contracting Officer considers adequate protection of Palm Tran and may release to the Contractor all or a portion of any excess amount. Also, on completion and acceptance of each separate building, public work, or other division of the contract for which the price is stated separately in the contract, payment may be made for the completed work without retention of a percentage. Form 33.604x (01/02) Page 23 of 34 Exhibit C, Attachment C (d) AIl materials and work covered by progress payments made shall, at the time ofthe payment, become the sole property of Palm Tran, but this shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or waiving the fight of Palm Tran to require the fulfillment of all of the terms of the contract. (e) Palm Tran shall, upon request, reimburse the Contractor for the entire amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor furnishes evidence of full payment to the surety. Such reimbursement shall be prat of, and not in addition to, the contract price. (0 Palm Tran shall pay the amount due the Contractor under this contract after: (1) completion and acceptance of all work; (2) presentation of a properly executed voucher; and (3) presentation of a release of all claims against Palm Tran arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. (g) Concurrently with the submission of each request for a progress, payment under this contract, the Contractor shall certify that all due and payable bills with respect to the contract work either have been paid or will be paid with the proceeds of the current request for progress payment. (h) Palm Tran may withhold all or part of any progress payment otherwise due the Contractor if any one or more of the following conditions exist: (l) the Contractor fails to prosecute the work to completion in a diligent, efficient, timely, and workmanlike manner and in strict accordance with the provisions of the contract; (2) the Contractor fails to use an adequate amount or quality of personnel or equipment to complete the work without undue delay; (3) the Contractor fails to make prompt payments to its subcontractors, suppliers, material men, or laborers; (4) any part of such payment to the'Contractor is attributable to work which is defective or not performed in accordance with the contract requirements; provided, however, such payment shall be made as to the part thereof attributable to work which is performed in accordance with the contract requirements and is not defective; or (5) the Contractor is otherwise in default of any of its obligations under the contract. 43. Invoicing and Payment (D-200.07A, JUN 01) (a) Invoices may be submitted once per month and shall conform to policies or regulations adopted from time to time by Palm Tran. Invoices shall be legible and shall contain, as a minimum, the following information: ( 1 ) the contract and order number (if any); (2) a complete itemization of all costs including quantities ordered and delivery order numbers (if any); (3) any discounts offered to Palm Tran under the terms of the contract; (4) evidence of the acceptance of the supplies or services by Palm Tran; (5) unique traceable invoice number(s); and (6) any other information necessary to demonstrate entitlement to payment under the terms of the contract. Failure to provide the above critical information may result in the rejection and return of the invoice for resubmission with complete data. (b) Subject to the withholding provisions of the contract, payment shall be made within 30 days after Palm Tran's receipt of a properly prepared invoice. Form 33.604x (01/02) Page 24 of 34 Exhibit C, Attachment C 44. Payment to Subcontractors (D-400.09, NOV 02) (a) Payments by Contractors to subcontractors associated with Palm Tran contracts are subject to the time periods established in the State of Florida Statutes, Payment for Goods and Services. (b) A false certification to Palm Tran under the provisions of the General Provisions clause entitled "Payments" may be a criminal offense in violation of Florida State statutes. 45. Interest on Contractor Indebtedness (6-303.06, JUN 86) (a) Notwithstanding any other clause of this contract, all amounts that become payable by the Contractor to Palm Tran under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. In no event shall the interest charged or payable hereunder exceed that allowable under Texas law. (b) Amounts shall be due at the earliest of the following dates: (1) the date fixed under this contract; (2) the date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination; (3) the date Palm Tran transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt (unless a later date is set forth therein); or (4) if this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. 46. Royalties and Patents (6-402.23, JUN 86) The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement o f any patent rights and shall save Palm Tran harmless from loss on account thereof, except when a particular design, process, or product of a particular manufacturer is specified by Palm Tran; provided, that, if the Contractor has reason to believe that the design, process, or product specified infringes a patent, the Contractor shall be responsible for such loss unless it promptly gives such information to the Contracting Officer. 47. Federal, State, and Local Taxes (6-402.24, JUN 86) The contract price includes all applicable federal, state, and local taxes and duties. Palm Tran is exempt from Texas state and local sales and use taxes, and any such taxes included on any invoice or voucher received by Palm Tran shall be deducted from the amount of the invoice or voucher for purposes of payment. Form 33.604x (01/02) Page 25 of 34 Exhibit C, Attachment C 48. Assignment (6-402.25, JUN 86) The Contractor shall not assign the whole or any part of this contract or any monies due or to become due hereunder without the prior written consent of the Contracting Officer. 49. Equal Opportunity (6-402.26, JUN 86) During the performance of this contract, the Contractor agrees that it will, in good faith, afford equal opportunity required by applicable federal, state, or local law to all employees and applicants for employment without regard to race, color, religion, sex, handicapping conditions, or national origin. The Contractor further agrees to afford equal opportunity required by applicable federal, state, or local law to subcontractors and vendors which are "disadvantaged business enterprises" or "women owned enterprises" (both as defined by federal law or regulation in effect on the date of this contract). The Contractor agrees to insert the substance of this clause in all subcontracts and purchase orders. 50. Publicity Releases (6-403.18, JUN 86) All publicity releases or releases of reports, papers, articles, maps, or other documents in any way concerning this contract or the work hereunder which the Contractor or any of its subcontractors desires to make for purposes of publication in whole or in part, shall be subject to approval by the Contracting Officer prior to release. 51. Interest of Public Officials (6-402.27, JUN 86) The Contractor represents and warrants that no employee, official, or member of the Board (Executive Committee) of Palm Tran is or will be pecuniarily interested or benefited directly or indirectly in this contract. The Contractor further represents and warrants that it has not offered or given gratuities (in the form of entertainment, gifts or otherwise) to any employee, official, or member of the Board (Executive Committee) of Palm Tran with a view toward securing favorable treatment in the awarding, amending, or evaluating the performance of this contract. For breach of any representation or warranty in this clause, Palm Tran shall have the right to annul this contract without liability and/or have recourse to any other remedy it may have at law. 52. Wage Rates (6-402.28, FEB 96) All persons employed in the performance of the work under this contract, or any subcontracts hereunder, shall be paid not less than the general rates of per diem, holiday, and overtime wages prevailing in the locality for work of a similar character (which wages are specified in an attachment to this contract). Failure to comply with this provision shall subject the Contractor to the penalties prescribed in the State of Florida Statutes: Form 33.604x (01/02) Page 26 of 34 Exhibit C, Attachment C 53. Additional Bond Security (6-402.29, JUN 86) The Contractor shall promptly furnish additional security required to protect Palm Tran and persons supplying labor or materials under this contract if-- (a) any surety upon any bond furnished with this contract becomes unacceptable to Palm Tran; Co) any surety fails to furnish reports on its financial condition as required by Palm Tran; or (c) the contract price is increased so that the penal sum ofany bond becomes inadequate in the opinion ofthe Contracting Officer. 54. Indemnification (6-403.21, JUN 86) The Contractor shall fully indemnify and hold harmless Palm Tran and all of its directors, officers, employees, and agents from any and all claims, demands, causes of action, damages, losses, and expenses (including attorney's fees) of whatsoever nature, character, or description that any person or entity has or may have arising out of or related to the breach of or failure to perform the contract or any sub agreements there under or resulting from any negligent act, omission, misconduct, or fault of the Contractor or subcontractors and their employees and agents. 55. Examination and Retention of Records (6-403.20, JUN 86) (a) The Contracting Officer and his representatives shall have the audit and inspection rights described in the applicable paragraphs (b) and (c), below. (b) If this is a cost reimbursement type, incentive, time and materials, labor hour, or price redeterminable contract, or any combination thereof, the Contractor shall maintain, and the Contracting Officer and his representatives shall have the right to examine, all books, records, documents, and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. Such right of examination shall include inspection at all reasonable times at the Contractor's plants, or such parts thereof, as may be engaged in or maintain records in connection with the performance of this contract. (c) Ifthe Contractor submitted certified cost or pricing data in connection with the pricing ofthis contract or if the Contractor's cost of performance is relevant to any change or modification to this contract, the Contracting Officer and his representatives shall have the right to examine all books, records, documents, and other data of the Contractor related to the negotiation, pricing, or performance of such contract, change, or modification for the purpose of evaluating the costs incurred and the accuracy, completeness, and currency of the cost or pricing data submitted. The right of examination shall extend to all documents necessary to permit adequate evaluation of the costs incurred and the cost or pricing data submitted, along with the computations and projections used therein. (d) The materials described in (b) and (c), above, shall be made available at the office of the Contractor at all reasonable times for inspection, audit, or reproduction until the expiration of three (3) years from the date of final payment under this contract, except that: (1) if this contract is completely or partially terminated, the Form 33.604x (01/02) Page 27 of 34 Exhibit C, Attachment C records relating to the work terminated shall be made available for a period of three (3) years fi:om the date of any final settlement; and (2) records which relate to appeals under the Disputes Clause of this contract or litigation, or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been resolved. (e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts exceeding $10,000 hereunder, altered to reflect the proper identification of the contracting parties and the Contracting Officer under the prime contract. 56. Value Engineering (D400.10, DEC 92) (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in accordance with paragraph (f) below: (b) Definitions. (1) "Collateral costs," as used in this clause, means Palm Tran costs of operation, maintenance, logistic support, or Palm Tran-fumished property. (2) "Collateral savings," as used in this clause means those measurable net reductions resulting from a VECP in Palm Tran's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. (3) "Contractor's development and implementation cost," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Palm Tran's acceptance of a VECP. (4) "Palm Tran costs," as used in this clause, means those Palm Tran costs that result directly from any net increases in the cost of testing, operations, maintenance, and logistic support. The term does not include the normal administrative costs of processing the VECP. (5) "Instant contract savings," as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs, including subcontractors' development and implementation costs (see paragraph (h) below). (6) "Value engineering change proposal (VECP)" means a proposal that; (a) Requires a change to this, the instant contract, to implement; and (b) Results in reducing the contract price or estimated cost without impairing essential fimctions or characteristics; provided, that it does not involve a change; (i) In deliverable end item quantities only; or (ii) To the contract type only. (c) VECP Participation. As a minimum, the Contractor shall include in each VECP the information in subparagraphs (1) through (7) below. If the proposed change is affected by contractually required Form 33.604x (01/02) Page 28 of 34 Exhibit C, Attachment C configuration management or similar procedures the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance. (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. (3) A separate, detailed cost estimate for: (a) the affected portions of the existing contract requirement and the VECP; (b) the cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under paragraph (h) below. (4) A description and estimate of costs Palm Tran may incur in implementing the VECP, such as test and evaluation and operating and supports costs. (5) A prediction of any effects the proposed change would have on collateral costs to Palm Tran. (6) A statement ofthe time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (7) Identification o f any previous submissions o fthe VECP, including the dates submitted, the agencies and contract numbers involved, and previous Palm Tran actions, if known. (d) Submission. The Contractor shall submit VECP's to the Resident Construction Manager at the worksite, with a copy to the Contracting Officer. (e) Palm Tran Action. (1) The Contracting Officer shall notify the Contractor of the status of the VECP within 45 calendar days after the Contracting Officer receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. Palm Tran will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting Officer shall notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at anytime before it is accepted by Palm Tran. The Contracting Officer may require that the Contractor provide written notification before tmdertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's issuance of a modification to this contract citing this clause. The Contracting Officer may accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a contract modification applies a VECP to Form 33.604x (01/02) Page 29 of 34 Exhibit C, Attachment C this contract, the Contractor shall perform in accordance with the existing contract. The Contracting Officer's decision to accept or reject all or part of any VECP shall be final and not subject to the Disputes clause or otherwise subject to litigation. (f) Sharing. (1) (Rates) Palm Tran's share of savings is determined by subtracting Palm Tran costs from instant contract savings and multiplying the results by (a) 45 pement for fixed-price contracts or, (b) 75 percent for cost-reimbursement contracts. (2) (Payment) Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contract to (a) Accept the VECP; (b) Reduce the contract price or estimated cost by the amount of instant contract savings; and (c) Provide the Contractor's share of savings by adding the amount calculated to the contract price or fee. (g) Collateral savings. Ifa VECP is accepted, the instant contract amount shall be increased by 20 percent of any projected collateral savings determined to be realized in a typical year of use after subtracting any Palm Tran costs not previously offset. However, the Contractor's share of collateral savings shall not exceed: (1) the contract's firm-fixed-price or estimated cost, at the time the VECP is accepted, or; (2) $100,000, whichever is greater. The Contracting Officer shall be the sole determiner of the amount of collateral savings, and that amount shall not be subject to the Disputes clause or otherwise subject to litigation. (h) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $50,000 or more any may include one in subcontracts of lesser value. In computing any adjustments in this contract's price under paragraph (f) above, the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs clearly resulting from a VECP engineering incentive payments; provided, that these payments shall not reduce Palm Tran's share of the savings resulting from the VECP. (i) Data. (1) The Contractor may restrict Palm Tran's right to use any part ofa VECP or the supporting data by marking the following legend on the affected part: "These data, furnished under the Value Engineering-Construction clause of contract shall not be disclosed outside Palm Tran or duplicated, used, or disclosed, in whole or in part for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit Palm Tran's fight to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." (2) If a VECP is accepted, the Contractor hereby grants Palm Tran unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, Palm Tran shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. Form 33.604x (01/02) Page 30 of 34 Exhibit C, Altachrnent C 57. Drug-Free Workplace Program (6-402.32, JUN 91) (a) As used in this clause: (1) "Alcohol" means ethyl alcohol and any beverage containing ethyl alcohol. (2) "Controlled substance(s)" means a substance, including a drug and an immediate precursor listed in 49 U.S.C. Parts 40 and 655. These substances include, but are not limited to, marijuana, heroin, LSD, concentrated cannabis or cannabinoids, hashish or hash oil, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), opium, opiates, methadone, cocaine, quaaludes, amphetamines, "exotic/designer" drugs, benzodiazepines, Seconal, codeine, barbiturates, Phenobarbital, or Valium. (3) "Safety sensitive task" means each category of work performed at a construction workplace which, if performed by a person impaired by the effects of alcohol or a controlled substance: (i) would pose a serious risk of death or personal injury to the employee or others in the vicinity; or (ii) could compromise the quality of the construction in such manner as would impose a significant public safety risk in the operation of Palm Tran's public transportation system. (4) "Drug-free workplace" means a site for the performance of work done in connection with Palm Tran's construction contract at which employees are prohibited from using alcohol or from engaging in the nnlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. (5) "Employee" means an employee of a Contractor or subcontractor who maybe directly engaged in the performance of work under Palm Tran's construction contract. (6) "Reasonable suspicion" means the presence or absence of specific criteria identified in the Contractor's drag-free workplace program (indicating the possibility that a person is under the influence of alcohol or a controlled substance) as observed by the Contractor's supervisory personnel with reasonable training in the identification of such criteria. (b) The program shall provide for mandatory drug testing of employees who are to perform safety sensitive tasks under the following circumstances: (1) All employees will be tested prior to assignment to Palm Tran's construction project to ascertain the use of controlled substances if the employee will be performing safety sensitive tasks; and (2) When there is a reasonable suspicion that an employee is under the influence of alcohol or a controlled substance at the workplace; and (3) When an employee has been involved in an accident or unsafe practice (as defined in the Contractor's safety program) at the workplace. Form 33.604x (01/02) Page 31 of 34 Exhibit C, Attachment C (c) The program may, at the Contractor's discretion, include mandatory employee drug testing under the following circumstances: (1) As part of or as a follow-up to counseling or rehabilitation for controlled substance use; or (2) As part of a voluntary employee drug testing program. (d) A random testing procedure to detect the use ofalcohol or a controlled substance by employees performing safety sensitive tasks is required as part of the Contractor's program for the purpose of preventing or deterring hazardous performance. The procedure shall require that, at a minimum, five percent (5%) of the Contractor's employees will be randomly tested within the contract period or within each year of the contract period, whichever period is shorter. (e) All testing by or on behalf of the Contractor because of a requirement in Palm Tran's contract shall be conducted only for employees engaged (or to be engaged) in safety sensitive tasks and only for use of alcohol or a controlled substance and shall be conducted in a manner and under written policies that minimize the intrusion on the employee's privacy and personal dignity. This provision shall not preclude the Contractor fi:om adding its own additional testing requirements. (f) The Contractor shall publish a statement notifying employees that the use of alcohol at the workplace or the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by employees at any time is prohibited and specifying the actions that will be taken against employees for violations of such prohibition. (g) The program must require each employee who will perform a safety sensitive task, prior to working under Palm Tran's contract to: (1) Acknowledge in writing the Contractor's drug-flee workplace program; and (2) Give advance written consent to any drug testing that may be conducted under the Contractor's program and the use of test results for decisions related to employment, disciplinary action, or continued employment. The Contractor will agree, in connection with the employee's consent, that the results of testing for alcohol and controlled substances will not be voluntarily referred to any law enfomement agency. If the Contractor is subject to a collective bargaining agreement: (i) the procedure for obtaining the individual employee's acknowledgment and consent must be consistent with the Contractor's obligations under the collective bargaining agreement; and (ii) employees shall have the right to be accompanied by a union representative when any specimen is obtained for testing. (h) The Contractor will establish a drug-flee awareness program to inform its employees about: (1) The dangers of drag abuse in the workplace; (2) The Contractor's policy of maintaining a drag-free workplace; Form 33.604x (01/02) Page 32 of 34 Exhibit C, Attachment C (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees who refuse to submit to required testing and for other violations of the drug-free workplace program including, but not limited to, being unable to remain employed at the workplace until approval to return is obtained from Palm Tran. (i) The Contrae-tor's drug-free workplace program shall, at a minimum, include: (1) Policies and procedures for specimen collection, chain of custody for specimens, laboratory qnalifieation standards, laboratory analysis procedures, quality control requirements, and test result reporting procedures which substantially conform to the material requirements of the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the U.S. Department of Health and Human Services in effect on the date of award of Palm Tran's construction contract. (2) Procedures for the Contractor's employees to report their use ofprescription drags used in the course of medical treatment or which ha/,e been prescribed and authorized for use by a licensed medical practitioner. O) The criteria the Contractor will use for "reasonable suspicion" testing. (4) The levels of alcohol or controlled substances which will be used in conjunction with a determination that an employee is "under the influence" or is "impaired by the effects of' alcohol or controlled substance(s). O) The Contractor shall display a notice, prominently placed near each entranco to the workplace, stating that, by entering the premises, persons are consenting to an inspection of themselves and their property including, but not limited to, their clothing, vehicles, briefcases, lunch boxes, tool boxes, purses, and packages. (k) The Contractor agrees to use its best efforts to establish and maintain a work environment free of use by employees of alcohol or controlled substances through implementation of paragraphs (b) through (j) of this clause. The Contractor shall prepare and maintain records in sufficient detail to demonstrate compliance with the requirements of this clause including, but not limited to, certifications from subcontractors and records of drag or alcohol tests conducted during performance of the contract. Such records shall be subject to inspection and audit by Palm Tran, and the Contractor's noncompliance may authorize Palm Tran to withhold all or any portion of any payments due the Contractor until the Contractor demonstrates compliance. (1) A Drag-Free Workplace Program clause identical to this clause (except for changes appropriate for designation of the parties), including this subparagraph (1), will be included in every subcontract entered into in connection with this contract. 58. Order of Precedence (6-402.30, JUN 86) In the event of any inconsistency between the provisions of the solicitation (including any resulting contract), the inconsistency shall be resolved by giving precedence in the following order: (a) the Schedule; Co) Special Solicitation Instmctious and Conditions; (c) Solicitation Instructions and Conditions; (d) Special Provisions; Form 33.604x (01~02) Page 33 of 34 Exhibit C, Attachment C (e) General Provisions; (f) other provisions of the contract whether incorporated by reference or otherwise; and (g) the specifications or statement of work. 59. Severability 0)-400.11, DEC 92) If any provision of this contract, or the application thereof to any person or circumstances is rendered or declared illegal for any reason or shall be invalid or unenforceable, the remainder of this contract and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. The parties agree to negotiate in good faith for a proper amendment to this contract in the event any provision hereof is declared illegal, invalid, or unenforceable. 60. Governing Law (6-402~1, JUN 86) The fights, obligations, and remedies of the parties shall be governed by the laws of the State of Florida. Venue for any action shall lie exclusively in Palm Beach County, Florida. This is the complete agreement between the parties. If any provision oftbe contract is found to be invalid or unenforceable, the remaining provisions shall not be impaired. 61. Prompt Payment (F-129, NOV 99) The Contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 (ten) calendar days from receipt of each payment the prime receives from Palm Tran. The Contractor agrees further to release retainage payments (if applicable) to each subcontractor within ten (10) calendar days after the subeontractor's work is satisfactorily completed and final payment has been made to the subcontractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval from the Contracting Officer. Form 33.604x (01/02) Page 34 of 34 Exhibit C, Attachment C MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING APPLICATION NUMBER: __ SUBMITTAL DATE: Palm Tran Provided Municipality Point of Contact Address Telephone Number ! E-Mail Bus Stop Number Located on Located at Quadrant [NW, NE, SW, SE] Bus Routes Served Dally Transit Ridership Project Components Total Cost Estimated Total Cost $ Grant Request $ Local Share $ Note: Program funds available for grant request are a 50% match of the total cost for the purchase and installation of each transit shelter~ up to $7,500. Municipalities must enter into an Inter-local agreement with Palm Beach County wherein the municipality assumes all shelter maintenance, repair, and liability for each shelter provided by this program shelter_app.wpd Page I of 6 MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING Property Owner(s) of Proposed Shelter Site if other than Applicant Application must include the following: 3 copies of property survey showing any existing buildings, structures, setbacks, clear zones, easements, paving, streets, and location of existing Bus Stops 3 copies of a site plan DRAWN TO SCALE indicating all existing and proposed buildings, parking spaces, loading spaces, driveways, backout aisles, outside storage areas, dumpster enclosure(s), traffic signals and crosswalks. Required Transit Infrastructure within the Bus Stop Zone should also be identified: Bus Stop Waiting or Access Pad Interior Route & System Map Frame approximately 30" x 24" Route information Signage Benches Trash Receptacle (freestanding or attached to shelter) Lighting (solar panels or electrical) shelter_app.wpd Page 2 of 6 MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING Documents to be included for submittal at time of reimbursement: I original and 2 copies of signed 10-year license for the transit shelter installation from the property owner(s). 3 copies of the structural plans for the transit shelter signed by a registered engineer licensed by the State of Florida; (This may be waived, if the shelter selected is the Palm Beach County Standard Shelter). The proposed shelter design must meet the following general design criteria Durable, vandal-resistant, Iow maintenance and remain structurally sound with a minimum 10-year usable life expectation Standing seam peaked or curved roof design (no fiat roof design) with an insulated roof (sandwiched rigid foam with aluminum covering) either attached to and conforming to the roof pitch or installed so that the insulation creates a flat ceiling no less than 7' 6' in height. Roof drainage and scuppering shall be to the rear or sides of the shelter. Withstand current wind loads code requirements. A registered engineer licensed in the State of Florida shall sign design calculations. Anchoring technique shall be specified and allow for minimal effort to remove and reinstall the shelter. MinimumTwo (2) sides (the back may be modified to allow wheelchair access) and an open front with sufficient roof coverage to protect the riders from the elements. Seating for two (2) adults and space for one (1) wheelchair and shall have anti-vagrant bars. Seating shall either be secured to the concrete pad or to the shelter. Full compliance with the Federal Americans With Disabilities Act of 1990 as amended and regulations thereto (49 CFR Part 37, Appendix A.) to include but not limited to obstacles, surfaces, signage, telephones, wheelchair lift clear area (or landing pad) free of all street furnitur~ and overhangs, ramp and pad accessibility, curb cuts and sidewalk modifications. Transit shelter foundation base shall be a reinforced concrete slab at least six- inches thick extending six-inches beyond the shelter "foot-print" with a compatible paved ramp from the Bus Stop to the shelter. Suitable alternatives may be considered if they meet the ADA, ANSI, and above standards. sheller_app.wpd Page 3 of 6 MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING The following conditions/criteria are applicable to any municipality seeking funding under this program: ~] The program is limited to municipal applicants, who will submit a formal signed request on municipal stationery and include this fully completed application and the above addressed submittals. [~ Transit shelter design, construction, placement and installation must meet all applicable Federal (Americans with Disabilities (ADA), FDOT, and Palm Beach County minimum requirements). O Location of the proposed transit shelter must be at a current or proposed Palm Tran Bus Stop meeting at least one of the following: [~ Tri-Rail Station [~ Designated Park-N-Ride Lot [~ Transfer Point for Palm Tran Bus Riders [~ Major Transit Generator (malls, hospitals, schools, shopping centers, governmental centers [~1 End of the line or scheduled bus recovery location [~ Major arterial or thoroughfare intersection [~ High density urbanized location [~] Special Consideration Facilities (senior citizen centers, clinics, nutritional centers, welfare facilities) [~ Meet or exceed the prevailing setback or clear zone requirements (see FDOT Roadway and Traffic Design Standards, Index Number 700, entitled Design Criteria Related to Highway Safety) and provide an unobstructed view of arriving vehicular traffic for standing and seated persons. [~ Minimum three-foot clearance around the shelter and an adjacent sidewalk to provide for unrestricted pedestrian traffic. If located adjacent to a building, the design shall include a twelve-inch clear space to permit trash removal/cleaning. [~ As close as possible to the Bus Stop so as to be highly visible to approaching buses and passing traffic. O Minimal walking distance from the transit shelter to the bus. ~] Minimum distance of two (2) feet between the back-face of the curb and the roof or panels of the shelter to permit clear passage of the bus and.its side mirror. shelter_app.wpd Page 4 of 6 MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING Municipal applicants must provide any right-of-way documentation, secure applicable easements and permits, and enter Into an Inter-local Agreement with Palm Beach County wherein the municipality agrees to commit to: Biweekly (every 2-weeks) shelter cleaning, graffiti and unauthorized poster/sign removal, trash pick-up. Biannual (twice-a-year) ceiling cleaning to include ceiling fixtures. Biweekly (every 2-weeks) grass mowing during Spring, Summer, and Fall, and at least once a month during the winter. Grounds and area(within a 10-foot radius of shelter) shall be kept clean and free of all debris. Preventive Maintenance to include paintable surfaces and lighting. 72-hour repairs to panels, posts, ceilings, lighting (after notification). 2-hour repair of any hazardous situation (after notification). Assume all liability for the shelter and related utility service. Maximum plan size is 24 x 36. Smaller plan sizes will be accepted. Separate complete applications are required for each transit shelter request. Any questions, please call Gerry Gawaldo, Palm Tran at (561) 841-4246. Our mailing address: Palm Tran Attn: Gerry Gawaldo 3201 Electronics Way West Palm Beach, FL 33407 Approval of this application may be subject to time and funding limitations. Any completed applications not acted upon in the current funding cycle will be retained and eviewed for consideration in the next funding cycle. Signature of Authorized Applicant Name of Authorized Applicant Title of Authorized Applicant sheiter_app.wpd Page 5 of 6 MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING Municipality Provided Sketch of Proposed Shelter Location shelter_app.wpd Page 6 of 6 Application Number Submittal Date Municipality Point of Contact Address Telephone E-Mail Bus Stop Number Located on Located at Quadrant Bus Routes Served Daily Transit Ridership Estimated Total Cost Grant Request Local Share INSTRUCTIONS. FOR COMPLETION OF THE MUNICIPAL APPLICATION FOR TRANSIT SHELTER FUNDING Three-part number assigned by Palm Tran indicating municipality (3 letter code) - year (2 digit municipal request (3 digit number) Example: ATL-02-001 is the first shelter request in 2002 from the City of Atlantis. code) - sequence number assigned to each Date of application on municipality cover letter Municipality requesting transit shelter funding Municipal contact for transit shelter funding Mailing address for municipal contact Day time telephone number for municipal contact E mail address for municipal contact Unique (up to 4 digit) number designating each Palm Tranbus stop and located on the bus stop sign Street on which bus stop is located Intersecting street or address where bus stop is located Geographic location of bus stop: NW-north west, SW-south west, NE-north east, SE southeast Palm Tran routes serving and identified on bus stop sign (see Palm Tran Rider's Digest) Estimated number of daily Transit Riders that would use the proposed facility Total Estimated Cost of Transit Shelter (shelter material, site preparation, pad installation, shelter installation) Reimbursement sought (50% of actual cost not to exceed $7,500 per shelter request) Local match Shelter_app_instr.wpd As specified the completed application must include: Signature of Authorized Applicant Name of Authorized Applicant Title of Authorized Applicant Formal wdtten request on municipal stationary signed by aa authorized municipal official. Remaining identified documents including Interlocal Agreement must be submitted prior to reimbursement, Self-explanatory Self-explanatory Self-explanatory Palm Tran and MPO authorizations will be affixed to a separate Interlocal Agreement after review and favorable consideration. Municipal applicants will be notified after their applications have been processed. Shelter_app_tnstr,wpd [lTVDELgI::[r',' BE Cg 100 N.W. 1st AVENUE Ail-America City 1993 2001 TO: FROM: David T. Harden City Manager {~be~A. Barcinski sistantCityManager DELRAY BEACH, FLORIDA 33444 DATE: July 28, 2003 SUBJECT: ARenda Item CiW Commission Meeting August 5, 2003 Approval Tri-Party Aereement and Budeet - First Nieht 2004 ACTION City Commission is requested to approve a proposed tri-party agreement between the City, Joint Venture, and Old School Square and a proposed budget for First Night 2004. BA CKGR 0 UND Last year City Commission agreed to assume sponsorship of First Night with assistance from the Joint Venture and Old School Square. Attached for consideration is a Tri-Party Agreement which is similar to the agreement entered into last year. Changes have been made to the term of the agreement for this year's event. The Joint Venture Board of Directors approved this agreement at their meeting on July 24, 2003. The Old School Square Executive Committee approved the agreement at their meeting on July 12t~. Attached is a budget for 2004 with a recap of last year's budget, and actual revenues and expenditures un-audited. We did net $3,174.04 on last year's event RECOMMENDATION Staff recommends approval of the proposed tri-party agreement and budget for First Night 2004. RAB/tas Cc: Marjorie Fetter 561/243-7000 Night 2004 T~:. EFFORT A?,'A',5 M,~'"'T~ First Night Budget Revenues 2003 Budget 2003 Actuals 2004 Budget Button sales $30,000 $34,953 $30,000 Sponsorships $20,000 $12,540 (1) $20,000 Grants $10,000 $15,000 (2) $12,500 Concessions $2,000 $518 $500 $62,000 $63,011 $63,000 Expenditures 2003 Budget 2003 Actuals 2004 Budget Administration · License , $0 $950(3) $350 · Insurance $400 $0 $0 · Program Coordinator $3,000 $3,000 $4,000 · OSS staff support $700 $0 $0 · Misc. $300 $75 $100 $4,400 $4~025 $4,450 Production 2003 Budget 2003 Aetuals 2004 Budget · Buttons $2,300 $1,522 $1,600 · Fireworks $8,000 $5,000 $7,000 · Equipmem rental $5,000 $3,664.26 $4,000 · Sound & lighting $8,000 $8,000 $10,000 · Event supplies $10,000 $11,888.95 $10,000 · Brochures ~$700 $850 $850 $34,000 $30,925.21 $33,450 Talent 2003 Budget 2003 Actuals 2004 Budget · Musician fees $18,000 $21,845 $20,000 · Green room/catering $300 $0 -- · T-shirts $800 $804 $800 $19~100 $22~649 $20~800 Marketing 2003 Budget 2003 Actuah 2004 Budget · Direct mailing $200 $ 85.89+ $100 · Ad development $1,000 $1,025.08 $1,100 · Public relations $300 $0 $0 · Printing $1,300 $1,126.68 $1,200 · Film supplies $300 $0 $100 $3,100 $2,237.65 $2,500 · Contingency $1,400 i$0 $1,800 Grand Total $62~000 $59,236.96 $63,000 Balance $0 $3,174.04 $0 (1) (2) (3) Joint Venture $5,000, DDA $1,500, OSS $1,000, others $5,040 City $10,000, County $5,000 2003 License fee, 2003 transfer fee, 2004 transfer fee AGREEMENT THIS AGREEMENT entered into this __ day of ,2003, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), JOINT VENTURE and OLD SCHOOL SQUARE, and provides as follows: WHEREAS, the City desires to host "First Night 2004" on December 31, 2003; and WHEREAS, the City shall oversee the event; and WHEREAS, Joint Venture and Old School Square shall also contribute toward planning of the event; and WHEREAS, the City Commission has determined it to be in the best interests of the residents of the City to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS incorporated as if fully set forth herein. 2. Term. January 30, 2004. 3. The above-stated recitals are This Agreement shall begin August 15, 2003 and shall end on Responsibilities and duties of the City include the following: Provide oversight for all aspects of event. Prepare budget. Review all expense requests and contracts. Deposit and keep a record of all revenues. trash removal and EMS assistance. f. Provide barricades, signs, and installation of same. g. Provide clean-up and trash removal. h. Provide up to $10,000.00 contribution. i. Restore site, facilities, property, and equipment to the condition as it existed on the date preceding the event commencement. 4. Provide logistic support and staffing for traffic, security, cleanup and same Responsibilities and duties of Joint Venture include the following: a. Provide office space, desk, telephone, and computer. b. Provide planning and coordination assistance. c. Assist in directing and overseeing work of event administrator. d. Obtain volunteers and make event assignments. Responsibilities and duties of Old School Square include the following: a. Agree to sign over event license to City. b. Provide space as needed free of charge. c. Provide technical and planning assistance. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: To Joint Venture: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Marjorie Ferrer 64-A S.E. Fifth Avenue Delray Beach, FL 33483 2 To Old School Square: Joe Gillie Old School Square, Inc. 51 North Swinton Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate in writing. 7. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 8. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 9. Binding! Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 3 11. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any path/to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By:. Jeff Perlman, Mayor City Attorney WITNESS (Print or Type Name) JOINT VENTURE By:. Print Name: Title: (SEAL) 4 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before ,2003 by agent, title of officer or agent) of (name of corporation acknowledging), a me this __ day of (name of officer or (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public- State of Florida WITNESS (Print or Type Name) OLD SCHOOL SQUARE, INC. By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ,2003 by agent, title of officer or agent) of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. me or has produced before me this __ day of (name of officer or (state or place of He/She is personally known to as identification. Signature of Notary Public- State of Florida 5 TO: THRU: SUBJECT: DAV~ T. HAR, BEN,~CITY MANAGER PAUL DORLING, DI~,/CTOR OF PLANNING AND ZONING MEETING OF AUGUST 5, 2003 - CONSENT AGENDA APPROVAL OF AN INCREASE IN THE PURCHASE ORDER FOR TEMPORARY SERVICES FOR THE PLANNING AND ZONING DEPARTMENT. The administrative assistant for the Planning and Zoning Department (Diana Mund) has been out on long term disability since February, 2002. In her absence the planning department has utilized temporary service personnel firms to fill the position. The original Purchase order for those services has been approved to date, by the City Manager. As the total of this purchase order will now exceed $15,000 any increase will require City Commission approval. The department is currently undertaking the interview process necessary to permanently staff the position. In the interim several additional weeks of temporary help will be necessary. The request is to increase the temporary services purchase order from $14,999 to $22,000 to cover these services. This money is available in the Planning and Zoning budget within the regular salary and wages account. By motion, approve an increase in the existing purchase order for temporary services to $22,000. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ,a ~ - REGULAR MEETING OF AUGI, JST 5, 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD A(3TION$ DATE: AUGUST 1, 2003 Attached is the Report of Appealable Land Use Items for the period July 21, 2003 through August 1, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\chevelle foldex\agenda memos\apagmer~8.1.03 TO: DAVI. D,T. HARDEN, CITY MANAGER FROM: IN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 5, 2003 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 21, 2003 THRU AUGUST 1, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 21, 2003 through August 1, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. Recommended approval (4 to 0, Elaine Morris and Jill Woehlkens absent, Jess Sowards stepped down), the transmittal of Comprehensive Plan Amendment 2003-2 which includes the following items: 1. Recommended approval (5 to 0) of the Redevelopment Plan for the Wallace Drive Industrial Area. 2. Recommended approval (5 to 0) of amendments to the text of the Comprehensive Plan which include: City Commission Documentation Appealable Items Meeting of August 5, 2003 Page 2 a). Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). b). Creation of Future Land Use Element Policy C-1.7 to reflect completion of a Neighborhood Redevelopment Plan for the Southwest Area. 3. Amendments to the Future Land Use Map which include: a) Recommended approval (4 to 0, Jess Sowards stepped down), of a Future Land Use Map amendment from TRN (Transitional) in part and OS-C (Open Space-Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential-Medium Density) for a 0.509 acre portion of Delray Harbor Club Condominium development, located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. b) Recommended approval (5 to 0), of a City initiated Future Land Use Map amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities-Churches) in part for the Wallace Redevelopment Area; and rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of Wallace Drive, south of SW 10th Street; and, rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. c) Recommended approval (5 to 0), of a City initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) and rezoning from RM (Multiple Family Residential-Medium Density) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. i) South of West Atlantic Avenue (and north of NW 1st Street), between SW 8t~ Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, south of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. Recommended approval (4 to 1 Diane Borchardt dissenting), of a conditional use request to allow the establishment of a child care facility, within the RM (Multiple Family Residential-Medium Density) zoning district for The Cottage Preschool, located at the northeast corner of Swinton Avenue and SE 3rd Street. Recommended approval (5 to 0), of a conditional use request to establish a vehicle repair facility (automotive accessory installation and sales operation) for Ultimate Automotive to occupy two bays within an existing industrial building, located at the southeast corner of Congress Avenue and McNab Avenue. Recommended approval (4 to 0, Jess Sowards stepped down), of a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities Churches) and rezoning from R-l-AA (Single Family City Commission Documentation Appealable Items Meeting of August 5, 2003 Page 3 Residential) to CF (Community Facilities) for a 0.81 acre portion of the Trinity Lutheran Church property, located at the northwest corner of Lake Ida Road and Swinton Avenue. Recommended approval (5 to 0), of the abandonment of a portion of an 11' X 90' alleyway, located on the west side of NW 10th Avenue, approximately 100 feet north of West Atlantic Avenue. Recommended approval (4 to 1, Diane Borchardt dissenting), of an amendment to the Land Development Regulations Section 4.4.11 "Neighborhood Commercial" district to clarify the uses subject to the Special Regulations Section and to add vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling and karate-judo as a principal use. Recommended approval (5 to 0), of a combined preliminary/final plat for Porta Al Mare, a proposed 20 unit townhouse development, located on the west side of NE 6th Avenue (northbound Federal Highway), approximately 100 feet south of NE 2nd Street. A. Approved (5 to 0, Nancy Steward absent, Gary Eliopoulos stepped down), a request for a color change for Delray Beach Marriott, located at the northwest corner of Ocean Boulevard and East Atlantic Avenue (101 North Ocean Boulevard). B. Approved (6 to 0), a Class I site plan modification associated with architectural elevation changes for Waterway East, an existing commercial shopping center located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway (900 East Atlantic Avenue). C. Approved (6 to 0), a Class I site plan modification associated with architectural elevation changes for Old Harbor Plaza, an existing commercial shopping center, located at the northeast corner of Linton Boulevard and South Federal Highway (1701 South Federal Highway). D. Approved with conditions (6 to 0), a Class V site plan and landscape plan for the Delray Beach Public Library, located on the south side of West Atlantic Avenue, between SW 1St Avenue and SW 2nd Avenue. The architectural elevation plans were tabled to allow the applicant to address the proposed color palate, the proportion and massing of the proposed tower and proposed building materials. No Regular Meeting of the Historic Preservation Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - August 5, 2003 [2',',",21 Li,. r ....,' ......... 'J'"'"~ ~ "i. ...... ' i. S.P.R.A.B.: A. DELRA Y BEACH MARRIOTT B. WATERWAY EAST C. OLD HARBOR PLAZA D. DELRA ¥ BEACH PUBLIC LIBRARY PLANNING & ZONING DEPARTMENT TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~ AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 5. 2003 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 1, 2003 This is before the City Commission to approve the award of the following bids: Contract award to Atlantic Painting & Sandblasting, Inc. in the amount of $47,300.00 via the Martin County Contract for sandblasting and painting the metal surfaces within Clarifier No. 3 at the Water Treatment Plant. Funding is available from 441-5122-536- 46.90 (Other Repair/Maintenance). Purchase award to FiberCat Networking in the amount of $45,870.82 for new surveillance computer/video monitors for the Water Treatment Phnt Control Room. Funding is available from 441-5122-536-64.90 (Other Machinery/Equipment). Purchase award to the Dictaphone Corporation in the amount of $66,919.70 via GSA Contract #GS-03-F-4040B for a rephcement voice recording system for the Police Department Communications Center. Funding is available from 001-2113-521-64.90 (Other Machinery/Equipment). Contract award to the Florida Coca Cola Bottling Company for beverage vending services and fountain services. Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folde~\agenda memo\Bid Memo.8.5.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.iEll. ti~ Deputy Director of Ut SUBJECT: REPAINTING OF STEEL SURFACES TREATMENT UNIT NO. 3 WATER TREATMENT PLANT DATE: July 28, 2003 Attached are an agenda request, location map and quotation in the amount of $47,300.00 from Atlantic Painting & Sandblasting for the subject project. This project is part of our annual rehabilitation program of the individual treatment units at the Water Treatment Plant and consists of the surface preparation and repainting of the steel surfaces within treatment unit No. 3. Atlantic Painting & Sandblasting is currently under contract with Martin County for painting services (copy on file in Purchasing). They have agreed to allow us to piggy back this contract for the painting of treatment unit No. 3. Atlantic Painting & Sandblasting was the contractor that completed the painting of treatment unit No. 4 last year and we have been very satisfied with the results of their work. Based on their proposal and satisfactory performance, we are recommending award of the quote to Atlantic Painting & Sandblasting in the total amount of $47,300.00. Funding will be from ~4~- 5122-536-46.90, Other Repair & Maintenance (budget transfer is attached). ~1 If acceptable please place this item on the August 5, 2003 meeting for consideration by the City Commission. CDB/cdb Att: 3 CC: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Water Treatment Plant Manager Jackie Rooney, Purchasing Manager City Clerk S.'IEng,4dminlProjectsl2OO212OO2-OOIIOFF1CIALMGENDA MEMO Unit 3.doc <~n;~ . ~.~ FROM :ATLANT!C PAINT & SANDBLASTING FA× NO. :561 7401~3 Iul, 28 2003 0!:49AM Pi Atlantic Painting & Smldblasting 400 S. Federal Hwy Suite 8404 Boymon Beach, FI. 33435 561-740-1062 561-740-1063 (fax) City of Delray Beach 434 S. Sv.,inton Ave, Delray Beach, Fl. 334,;4 Attnt Dan Beatty Ref: Quote for Cl~amng & Coau ~g Freat nent Umt #3 h~ D~embcr of 2001 we started Treatment Unit #z. with a ¢o;t of $42,000. We are quoting kJrtit #3 now and have estimated the ne~ed increases ia costs including labor, materials. abrasive and diesel (needed tot sar db asr ag). The same scope of work is employed and ~i~ows an mereas~of$5 300 for atcta of $4~,300. These prices ar~ ~ndstenr with increases ased on our M~ill Coallty Painting Scrviee5 con:ract of whizh this prq~ect will be pig.-backed. We no.ally issue the insurmmc~ and work~ comp ceaigea:es after wc recelve lhe Purchase O~et. We would p~ovide fl{ese prior to mobilization, We inmnd tv st~ this project within a i~w ~ys of a~ard ami would complete it in a montl~ or ,o. I have aUaclncd the subm{rmls for this project. These are the identical ones provided for Unit g4. If acceptable plea~ s~amp one approved and re~arn to me. Pl~as* call if I can answer any questions you may have. J~n Lyons Atlantic Painting & Sandblasti:~g Atlantic Painting & Sandblasting 400 S. Federal Hwy Suite #404 Boynton Beach, Fl. 33435 561-740-1062 561-740-1063 (fax) July 28,2003 City of Delray Beach 434 S. Swinton Ave. Delray Beach, Fl. 33444 Attn: Dan Beatty Ref: Quote for Cleaning & Coating Treatment Unit #3 Scope of Work: 1. Contain Unit to prevent abrasive and coating from leaving unit. 2. Sandblast interior steel to SSPC SP10 Near white metal. 3. Apply I coat Tnemec Series 20 ~ 5 mils DFT. Color (beige) 4. Stripe coat weld seams etc. with Tnemec Series 20. 5. Apply I coat Tnemec Series 20 ~ 5 mils DFT. Color (tank white) 6. Caulk all weld seams as needed with Sika-Flex lA as needed. 7. Remove containment and spent abrasive from site. Firm Price $47,300 Sincerely, Atlantic Painting & Sandblasting __ __ _~_-i-K A%l--B-C ~A_q/F NDE-Z JL I,I Z LEu WT- -d-TH -S-TR E ET- E__ ~¢-/r $1 $.W. 7TH STREET $,W. 6TH Sr. IZ IO CITY of DELRAY BEACH ENVIRONMENTAL SERVICE8 DEPARIlvlENT CItY OF DELRAY BEACH WATER TREATMENT PLANT CLARIFIER NO. 5 PAINTING 7/28/05 2002-200 AGENDA BEQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: July 28, 2003 When: August 5, 2003 Description of item (who, what, where, how much): Requesting Commission Award a quote to Atlantic Painting & Sandblasting in the amount of $47,300.00 for the surface preparation and repaintinq of the steel surfaces within treatment unit No. 3 at the water Treatment Plant. The quote from Atlantic Painting & Sandblasting is based on their continuing contract for painting services with Martin County. Funding is available from Account No. ~-Z-5122-536-46.90 (Other Repair & Maintenance) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the quote from Atlantic Paintirg L Sandblasting in t .~.~°f $47,300'00' Department head signature:~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Q/NO N.A.~ Funding alternatives: (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~NO~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\2002~2002-001\OFFIClAL\agenda unit 3.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: · SUBJECT: David T. Harden City Manager C. Dangers Beatty, ~'~ Deputy Director of Pu.q~ie~fi'tit~e~ July 29, 2003 Water Treatment Plant Control Room Improvements Project Number 2002-045 Attached is an Agenda Request and proposal for the purchase and installation of new computer/video monitors as well as other related equipment from Fibercat Networking. This equipment is an integral element of the Water Treatment Plant control room improvement project and will enhance the video surveillance system as well as the telemetry operation by creating an interface between the two systems. This interface will allow Operators to view plant operations and security surveillance simultaneously using state of the art technology. The new monitors and related equipment will replace the existing control room monitors used by the Data Flow Telemetry System as well as the closed circuit TV units. Fibercat Networking is the original installer of our existing surveillance system and is intimately familiar with the plant and operational aspects of the security system. By utilizing the expertise of Fibercat Networking we will maintain continuity within the system and limit possible security issues to other outside sources. The total amount of this purchase is $45,870.82 and funding is available from Account # 441-5122-536.64-90, Other Machinery & Equipment (budget transfer attached). Please place this item on the August 5, 2003 Agenda for consideration by City Commission. CC~ Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Water Treatment Plant Manager Jackie Rooney, Purchasing City Clerk Agenda File 2002-045 Project File S:~EngAdmin~Projects~2002~2002-045\OFFICIAL~Fibercat agenda memo.doc FiberCat NeTworking VOICE & DATA CABLING 963 Lake Wyman Rd. · Boca Raton, FL 33431 · (561) 395-2006 State of FL license # ES0000273 Date: June6, 2003 Submitted to: City of Delray Beach Water Treatment Plant 200 S.W. 6th Street Delray Beach, FL 33444 PROPOSAL Attention: John Bullard. Plant Manager Proposal #573 Work to be performed at: Same We hereby propose to perform the labor necessary for the completion of: Provide & Install: 8 - flat screen monitors with stands (20.1 inches) 12- flat screen monitors- wall mounted (20.1 inches) 1 - 16-channel digital recorder/multiplexer 1 - 19 inch relay rack for UPS and switch mounting 6 - UPS units (rack mount with 30 min. hold) 10 - two hole wall plates 25 - Data jacks (cat. 5e) I - 48' data cabinet with plexi door (Iockable) I - 12-port fiber optic patch panel SC 1 - 3-Com or equivalent 48-port switch-hub (unmanaged) 20 - Coming fiber connectors SC 12 - Cat 5e one-meter patch cords 1 - 24-port patch panel Cat 5e 6 -fiber patch cords, one meter, 62.5/125 1 - Media converter mounting unit (hot swappable) 12 - media converter modules 10/100 - DL 62.5/125 Misc. cable hooks, clamps, fastenin~ hardware, Cat 5e cable, Coax RG6, and connectors All work will be done in accordance with EIA/'rlA standards and will be completed in a substantial workmanlike manner. Any alterations or deviation from the above specifications, involving extra costs, will become an extra charge over and above the estimate. Proposed cost: Labor & Materials: $45,870.82 This proposal may be withdrawn by us if not accepted within 30 d; Acceptance: Please sign and fax back to us al The above pdces, specifications, and to do the work as specified. reby accepted. You are authorized Signature AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~"~. '~. Date: July 29, 2003 When: August 5, 2003 Description of item (who, what, where, how much): Staff requests Commission approval of a proposal fi.om Fibereat Networking for installation of new computer/video monitors as well as other related equipment as part of the water treatment plant control room improvements. Fibercat Networking is the original installer of our existing surveillance system and is intimately familiar with the plant and operational aspects of the security system. By utilizing the expertise of Fibereat Networking we will maintain continuity within the system and limit possible security issues to other outside sources. Total amount of this proposal is $45,870.82. and funding is available from Account # 441-5122-536-64.90, Other Machinery & Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATrACHED YES/NO Recommendation: Staff recommends approval of proposal from Fibercat Networking in the amount of $45,870.82. Department head signature: ~~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all i~ems involving expen~liture of funds): Funding available: YE-X~/NO ~& -~-$ -) Funding alternatives ~ '~ (if applicable) Account No. & Description q~'ll- f~:ta--~'-/~4~/o? Account Balance ~5-6~ aba City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S AEngAdmin\Proj ect s~002~20024M5 \OFFIC IAL~Fiber cat AgendaReq.doc Delray Beach Police Department 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police MEMOI~LNDUM DELRAY BEACH Ali-America City 1993 2001 TO: FROM: DATE: SUBJECT: Manager Jackie Rooney Purchasing Captain Ralph J. Phillips, Jr. Director Support Services July 18, 2003 AGENDA REOUEST Attached please find an Agenda Request that supports Requisition #105363. This is for the purchase of a Dictaphone voice recording system in the Communications Center of the Police Department. The item was approved in the Department's general 2002/2003 budget and appears in account 001-2113-521-6490 for the amount of $70,120.00. Also attached is the Dictaphone quote of $66,919.70, for said recorder. Assistant Director of Support Services, Tina Lunsford, in conjunction with the staff at M.I.S. compared the Dictaphone system against competitor Replay Systems and recommended Dictaphone for both technical reasons, support and vendor reputation. This item is on GSA Contract #GS-03-F-4040B and is reimbursable through the County E-9-1-1 Agreement. The recorder will replace the existing TEAC recorder which is in need of major repairs. vis Attachments Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence ,Mas, sage Page 2 of 2 I have reviewed the attached quotes fxom Replay and Dictaphone and I am recommending Dictaphone over Replay for the following reasons: The Replay system has a single point of failure, even though the data could be recovered via the archived CD's if the equipment fails, we would have to wait for the equipment to be fixed or replaced. Also, the operation is not hands fxee because it will require someone to remove the CD's and store them in a different location and put in new CD's. The Dictaphone system includes a second unit placed in a different location of our choosing and is mirrored with the first. If either unit fails, the other automatically picks up where it left off, until the downed unit is repaired. The operation is totally hands flee with no removable media and archiving to two locations for disaster recovery purposes. In addition, this system includes the Siemens ID Mouse which allows for log in to the Freedom Software by fingerprint identification only, to fun_her secure our records. It also includes the Freedom Authentication Kit, which gives us a key that provides authentication of the wave files so that if any changes are made to the file we will know it. Either system could be backed up via the network. Let me know what you think. Thanks Assistant Director Support Services Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, Florida 33444-3695 (561)243-7833 Fax (561)243-7816 lunsford @ci.delray-beach .fi.us Upgrade OutlookO - Add CO: OR to your Emails I Click Herel I Outlook(~ is a registered trademark of Micro~ofl Corporation 7/9/2003 Oictaphone Dictaphone Corporation Melbourne, FImJda 32934 888-471-3463 E~t. 6321 Proposal ""''' Customer Informaa~n (.- Dictaphone Contact In--on ~ ] ~ ~W~A~. ~ ~ I ~ ~my~ S~ FL ~p ~ e~~ ~ ~n: ~ Lunsf~i~ Su~d ~ ~ ~ F~ 2~1~ ~ ~e: ~1.2~.7~ F~ ~1.2~.7816 ~ E~il: lunsf~i.~,fl,us S~ C~ ~ ~ 32 C~n~ F~ ~ w~ S~e - S Y~r Wa~ ~ Model Description TOTAL 2 SBA000 FREEDOM COMBO RECORDER. MIRRORED OPTION $ 15,190.00 2 428136 (1) PAIR FREEDOM CHASIS SLIDE RAILS $ 250.00 8 428133 COMPRESSION MODULE $ 13,560.00 8 428357 ANALOG COUPLER BOARD $ 11,960.00 1 FREPAK FREEDOM SYSTEM SOFTWARE PACK FREE 1 FREPAK2 FREEDOM SYSTEM SOFI~VARE PACK- ADDITIONAL LICENSES FREE I FW2XPP-00D Freedom Workstation Plus, XP, 2 drive, 0 DVD $ 2,275.00 1 428742 3COM 5 PORT HUB $ 110.00 1 146734 PC ANYWHERE SOFIa/AR E $ 1 M18LCD-D01 HP TFT 1825 18" $ 1,120.00 1 428260 Footpeda!~eadsat Kit $ 299.00 2 502723 Siemens ID Mmme $ 250.00 I OFREANi-ZET Freedom Custom data Module for ANI/AU ~ ZETRON $ 4,995.00 1 428544 EXTERNAL USB CD-RW $ 315.00 1 FE7320 FREEDOM E-SERVER Dell PV725N NAS, Win2k, 3200g/220g useable $ 4,500.00 2 2750 ExpmssWriter Plus Desktop Rerecorder (Standard Cassette and Dubbing) $ 1,480.00 2 142900 ExpmssWnte~ Plus Rerecorder Trar-.,crip6oa/lleten Headset $ 90.00 2 177585 ExpmssWriter Plus Rerecorder Transcription Foat Pedal Control $ 130.00 1 428373 EXTERNAL TIME SYNCH & START/STOP KIT $ 90.00 I FRAUTH~00 Freedom Combo Authentication ~t $ 3,000.00 GSA ~ # GS-03-F-4040B Expires March 31,2008 Subtatal $ 59,614.00 ~ P~oJee~ Infonne~fon APP/SMNTRAINING $ 32,712.50 Ir~talletlen $ 1,819.20 Name: Delrey Beach Police Department Less Discount $ (27,326.001 Shipping & Handling $ 100.00 Ref No.: __ Delivery: 30 DeysARO~ TOTAL $ 66,919.70 Price fnctude~ a werrerdy of gO days labor & f year parts Ap~ceble texes not included in ebove statad p,~cing Plfcln,g Valid for 3O D~ys 33~ Depceit due on ordem >SSO, O00. O0 Combining Voice & Data to Serve You Signature replay Company: Delray Beach Police Contact: Capt Ralph Phillips Address: 300 West Atlantic Ave Delray Beach, FL 33444-3695 561-243-7854 Install Location Contact: Same Install Location Address: Wordnet Series 3 Recording System Corporate Headqua~ers 6555 NW9thAve, Suite 105 Fo~ Lauderdale, FL 33309 Ph: 954-267-9199 Fax:954-267-9184 Quotation g: DBP051203 Date Quoted: May 12, 2003 32 Channels ITEM PART NUMBER DESCRIPTION QTY UNIT PRICE $ EXTENDED $ I WT3-~-32 Wordnet Series 3 bundled system - 32 channels 1 $30,861 $30,861 2 GRA98 5 pack DVD ILM~ 9.4 GB I $312 $312 3 MRA12C DVD Drive Cleaning Kit 1 $49 $4~ 4 WMA021 ConnecSon Cable per 16 chs 2 $66 $132 5 WT3WS PC System Bundle for system admin, replay/tape creation 1 NC NC 6 TalkPro Xpress Headset for private listening 3 $55 NC 7 RS200 3 $105 NC 8 WT3OPS0320 RAID5 $20GB [This removes the 7~,GB HDD] 1 $5,500 NC Options A WT30P10 Rack Mount Kit (can be optional) 1 $145 B GRA124 30 Minute UPS (can be optional) 1 $537 Quote is valid for 90 days from date quoted above Subtotal $31,354 Payment Terms: 100% due upon delivery, estimated delivery approx 5 weeks Installation $2,080 Applicable taxes if any, will be applied to the invoices Shipping $150 One year HW and SW Warranty included with above The trade-in discount requires the eventual trade-in of the existing logger within 15 months Trade-in Discount $1,900 SNAPS contract # 7252574-2, this contract is currently for Series 2 with a pending request before the Dept of Managed Services to update the contract to Series 3. Pricing for the current SNAPs entries to equate to the above quotation (WT2900, WT0179, 2 -WTA021, WTO260, WTA001, WTA006 2- WT0047) would equal $33,965, Replay is honoring a lower price, more functionality and latest generation for all SNAP's contract orders Snaps Discount $3,135 Please see purchase totals associated with different Maintenance options below, please initial selection One year Warranty Included (additional years maintenance purchased on system's ~I )urchase anniversary at $4,687 per year) Purchase Price Option 1 $28,549 I I Three year Warranty Included Purchase Price Option 2 $36,806 I I Five year Warranty Included Purchase Price Option 3 $43,108 Page 1 of 2 Installation Assumptions ~e following assumptions were made in generating the above installation and configuration pricing: 1. Tbe Replay quotation assumes a analog connecgon. If a PBX syatem which utiitzes a different inten~ace is chosen and implemented bY the customer, modifications to the proposed system design may be necessa~ and additional costs may be Incurred. 2. Customer is responsible for all data network inEastmoture not pumhasdd from Replay including (but not limited to) switches, hubs, bridges, routers, flrewalls, estemal caching devices and cabling. 3. Custemer is te provide phor to installation: a. An accurate and complete document containing channe~ mappings for Device Nan., IP Address, Agent Login and Extension #. b~ LAN/WAN that supports TCP/IP protocol with static IP addresses for each recording appliance and se~r. Customer will provide signals from the customer network on minimum CAT 5 (R J45 tem~inated) c. Sufficient space for the units and/or cabinets. d. Sutficieot po~r to tbe purchased recording system (inaluding circuit breakers with appropriate amperage and voltage, cabling, and oatlets) and UPS unless ordered with the system. e. Sufficient entryway clearance for all system components f. A demamation poiut, to include air required PBX and Network signals and associated hardware, to easily accessible point within 6 feet of system. The Customer will cleahy ideoti~ al; cables wffh iofonnation indicating signal source and/or network connection and confirm they are f~lly operational. g. Dedicated staff to assist with the implementation and aoceptance of the purchased recording solution. h. Notification to Replay's Point of Contact (POC) in writing at least 72 hours in advance of schedule change or cancellation of services. i. A dedicated operational analog phone line jack to the system for remote diognostics j. Any and all replay workstations k. Sufficient faculties to conduct all required training. Custemer will supply cubicle(s), conference room, office, or uther appropriate space to Replay's Implementation staff for duration of implementation and testing 4. Replay is NOT responsible for any aspect of Union or other labor ~egatiagons, procurement, contracting, use or payment. 5. Hours for implementation (and training) will be g:00AM - 5:00PM Lccat Time Monday through Fdday, excluding Replay and Customer holidays. 6. Unless otherwise noted in the quotation above, standard installation covers loading workstation software such as Investigator, LMR, etc on up to 4 customer supplied PCs. Additional PCs will be completed under Time and Matadals cha~ges, minimum $150 per PC 7. Additional systems components if required such as Beep tone gene~fors, digital to analog convertars, etc. will be invoiced separately Rich Leonardi Customers Signature: Sales & Marketing Title: Replay Systems Date: PO Number: Page 2 of 2 AGENDA REQUEST Request to be placed on: Date: July 21, 2003 XX Consent Agenda Special Agenda Workshop Agenda When: August 5, 2003 Description of agenda item: Approval for the purchase of a replacement Dictaphone voice recording system already approved for this Fiscal Yea~s budget. The purchase pdce is $66,919.70, this includes a $27,326.00 discount. Support Services, in conjunction with MIS has compared this system to others currently available and together have determined the Dictaphone system best serves the Department's Communications Center needs. ORDINANCE/RESOLUTION REQUIRED: YES NO: XX Draft Attached: YES NO: XX Recommendation: Approve the Agen_da/~. //~ Dapa,'b~ent Head Signstum: r----~',,~~zx'~-'~ ~ Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation N/A: Budget Director Review (required on all items, i~tvolving expenditure of funds): Funding available: Yes XX ~' Funding alternatives: N/A Account Number:. 001-2113-521-64.90 Account Description: Other Much/Equipment Account Balance: $67,234.00 City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager DATE: August 01, 2003 SUBJECT: DOCUMENTATION - C1TY COMMISSION MEETING AUGUST 5, 2003 - CONTRACT AWARD - RFP #2003-27 REQUEST FOR PROPOSALS FOR BEVERAGE VENDING SERVICES AND FOUNTAIN SERVICE Item Before Commission: City Commission is requested to approve the contract award for the Beverage Vending Services and Fountain Service to Florida Coca Cola Bottling Company. Background: Request for Proposals for Beverage Vending Services and Fountain Service were advertised on June 15, 2003. A Pre-Bid Conference was held on June 25, 2003. A total of three (3) responses were received on July 10, 2003. This proposal is for placement of vending machines at locations designated by the City on City owned or leased property as well as to furnish fountain service and products (not in vending machines) to the Delray Beach Municipal Golf Course and Lakeview Golf Club. The awarded vendor would also have exclusive pouring rights for special events held at the Tennis Center. A tabulation of responses received and pricing in attached for your review. A five member committee consisting of Purchasing, Finance, Public Works, Parks and Recreation Department and the Golf Course reviewed the proposals on July 17th and August 1st to compare the proposals received basing the criteria and points assigned to each item requirement listed in the Request For Proposal package as follows: A. Experience & Qualifications B. Price Proposal C. Promotion, Marketing and Advertising D. Annual Payment Fee to City of Delray Beach, FL Upon review of the evaluation of the committee and total of points for each item listed above the vendor receiving the highest points was Florida Coca-Cola Bottling Company. See attached breakdown (tabulation) of points from each member of the committee for each proposal received. Attachments: RRP Tabulation Evaluation Criteria Points mmm W UJ UJ W UJ W mmmmmm mmm mmm mmm UJ mmm mmm UJ UJ UJ mmmw 33393 wwwww wwwww wwwww ._~ 00000 ~ ~)'~ ~ o:= ~): o~ E E~°~ TM 0'6 o m ~ ~ ._ ~ ~o Z Z Z Z ~0 [ITY DF DELRI:IY BEI:I[H pE~LR?, AII-Amefi~a City 1993 2001 TO: FROM: MEMOR IDUM David T. Harden City Manager ~Robert A. Barcinski Assistant City Manager DELRAY REACH FLORIDA 33444 DATE: July 30, 2003 SUBJECT: Agenda Item City Commission Meeting August 5~ 2003 Special Event Request - Asian Food Fair and Cultural Show ACTION City Commission is requested to consider approval of the 1st Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida proposed to be held on April 3rd and 4th, 2004 on the grounds at Old School Square and in a portion of the CRA parking lot from 11:00 a.m. to 6:00 p.m. Commission is also requested to grant a temporary use permit per LDR's section 2.3.6 (h) for the closure and use of NE 1st Avenue north of the grounds of Old School Square to NE 1st Street and to authorize staff support as requested. BACKGROUND Attached is a letter request from Mohammed Emran, President, Bangladesh Association of Florida for this event proposed to be held April 3ra and 4th, 2004 on the grounds of Old School Square and a portion of the CRA parking lot. The site would be fenced and there will be an admission charge. No alcoholic beverages will be sold. Mr. Emran is requesting City staff support for security and traffic control, EMS services, clean up and trash removal, and event signage. Due to the number of people estimated to attend, I do not feel EMS services are needed. The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote cultural diversity. The estimated staff overtime costs for the event are $2,340 with an additional estimate of $450 for event signage and barricade rental. The event sponsor does have a 501 (c) (3) designation. Per our event policies they will not be charged for costs incurred by the City. An event budget and site plan is attached. Old School Square has given tentative approval for the event pending approval by the City. This event as proposed would fit into the event schedule with no violation of the policy. 561/243 7000 Subject: Page Agenda Item City Commission Meeting August 5, 2003 Asian Food Fair and Cultural Show #2 RECOMMENDATION Staff recommends consideration of approval of the event, the temporary use permit, staff support as requested without EMS services and signage contingent on the receipt of a certificate of insurance, hold harmless agreement, and approval by the CRA for use of their lot. Signage would be put up one week prior to the event per LDR requirements. No charges would be levied for City services per event policies and procedures. RAB/tas Cc: Peggy Murphy File:u:sweeney/events DocAsian Food Fair 2004 EXECUTIVES: President: Mohammed Emran. Vice President: ABM Golam Mostafa Secretly Genera: Shaflqur R. Majumdar. AB.M. Golan Mu~',~=. H.R. F~. M.M.Ra~n~n 0ahir) Kamml $~lim. Kaiser Ahmed. Hon. M~rat~w~: Osram Cho~hury SECRETARIES: Asst. General: Habibur Rahman. cO~u tanizing: ural: AB.M. Golam Mostafa. Asst. Cultural: Tas~r Hossain Sunny. Treasurer: M.M. R~hm~n Jahir. Education: Ehsanul Karim (Nantu) Publicity: Communication: Dalim Reza (KajoO. O~ce Supplies: Ma~sudutKarim ~ipu) Socml Welfare: Kaiser Barkat S : S .K~. Cl~owdhury (Joshi) May 14,2003 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1" Avenue Re: Asian Food Fair & Cultural Show April 3-4, 20O4 Dear Barcinski, The Bangladesh Association of Florida and the Asian Cultural Council have reserved the Old School Entertainment Pavilion and Grounds for the 11~ Asian Food Fair & Cultural Show 2004, to be held Saturday, April 3 and Sunday, April 4, 2004, t~om 11:00am-6:00pm A copy of the event contract with Old School Square is attached. This event has bean held for a number of years at the Morikami Museum. Due to a change in policy, it has been necessary to secure another site to present the festival. We are asking that the City of Delray Beach support this event, as it promotes the eulturat and ethical diversity of this community and the surrounding area, and provides an opportunity to raise funds for the Bangladesh Association of Florida as a non-profit 501 ©(7) organization. Whenever the Community people needs help Bangladesh Assoc. of Florida comes forward to help them as much as possible. We would like to tell you briefly that people living here who have come from different countries of Asia with various ethnic origins and culture will perform their colorful traditional and cultural shows with attractive outfits and costumes in the Festival. There will be a great variety of ethnic food from a number of Asian counties along with their music. The festival is organized to celebrate the Asians and the Pacific American Heritage and promote cultural diversity in the community. The Fair presents shows, dance, music, and exotic ethnic foods and displays of tropical planets, at'cs and cratts. The fair will be attended by thousands of people and organization representing; Bangladesh, India, Pakistan, Japan, Myanmar, Thailand, Korea, China, Philippines, Vietnam, Israel, Middle East, and many other Asian Countries will participate in the Fair. The event site will be enclosed as there will be an admission charge. No alcoholic beverages will be served during this event. A proposed site plan is attached. Estimated attendance is approximately 2,000 per day. An estimated budget is attached, and a certificate of liability will be provided naming the City of Delray Beach will be provided. If necessary, a temporary use agreement with the Community Redevelopment Agency will be executed for partial use of Block 76 parking lot. The Association requests the following support staffand services from the City of Delray Beach: · Endorsement of this event by the City of Dulray Beach. · Permission to block off street parking for vendor/entertainer access from the notch side of the OSS Grounds on NE 1" Ave. to the OSS load in gate. No other street closure is requested. Access to the CRA Block 76 parking lot will remain open on NE Ia Ave. · Police support staff`as required by the Delray Beach Police Department. EXECUTIVES: Pre~: Mohammed Emmn. Vice President: ABM Golam Mostafa Shafiqur R. Majumdar. ABM. Gola~ Mostafa. H.R. FaisaL Raflqul Hoque. A.HM Rana Hoque. M.M.Rahman (Jahir) Kamrul Selim. Kaset Ahmed. Hon. Members: Md. Osmaa Cho~dhury Osman Chowdha7 (Ap~) SECRETARIES: A.B.M. Qolan Moslafa. Asst. Cultural: Tasvir HOSSan Sunny. Treasurer: M.M. Rahman .Jahir. Education: Ehsanul Ka~n (Nantu) Publicity: Communication: Dalim Reza (Kajol). Office Supplies: Uaqsu~E...,IKanm (Bipu) Social Welfare: Kaiser BarkaL $ ds: ~,K! Cl~ay (Josh~ · Emergency Medical Technicians as required by the Delmy Beach Fire Department. · Signs announcing the event to be placed at West Atlantic Ave., North and South Federal · Event Parking signs and bamcades as necessary to direct event traffic. · Depamnent of Parks & Recreation to provide trash boxes, liners, and trash removal at end of each day. Site maintenance during event hours. · Use of City Hall parking lot. The Association requests that this event be scheduled before the City Commission at your earliest convenience. If yon have any question, or need additional m/o, please contact me. Thank you very much for your consideration and support. Sincerely, ~ Mohammed Emmn, President Bangladesh Association of Florida Enclosures: Copy of contract with OSS Site plan Estimated budget EXECUTIVES: President: Mohammed Emran. ABM Golam Mostafa A.B.M. Oolan Mostata. H,R. Faisal. M.M.Ralgnan (Jahir) Km~rul Se. Jim. Kaset Ahmed. lion. Members: Md. Osrnan Chowdhay Osman Chowdhury (Apu) SECRETARIES: A.B.M. Golan Mostafa. Asst. Cultural: Tasvir Hossain Sunny. Treas~r~': M.M. Ra~ Jahir. Education: Ehsanul Karim (Nantu) Publicity: Communication: Dalim Reza (Kajol). Office Supplies: Uao~udull(adrn (~ipu) Social Welfare: Kaset BalcaL S its: ~.K. ~u~/(Josh0 06/06/03 Income: Budget Projections Admission 4000x5 = 20,000.00 Vendor = 6,500.00 Magazine/Sponsors= 9,000.00 35,500.00 Expenses: Site Rental Fencing T-Shirts Hospitality Tent Rent Magazine Print Insurance Ad and Publicity 1,690.00 2,800.00 1,200.00 6,000.00 9,000.00 6,000.00 1,500.00 3,200.00 31,390.00 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - TUESDAY ~ AUGUST 5, 2003 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: e REGULARAGENDA: AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS~ INC.: Consider approval of a contract between the City of Defray Beach and Law Enforcement Systems, Inc. for the collection ofbackiogged parking citations and associated fees for a term of three (3) years with two (2) one (1) year renewals. 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. TO: THRU: FROM: SUBJECT: D A~A R~'r~ MANAGER ~U~L DO~CTOR OF PLANNING&ZONING . S~COT~T ARONSON,,PARKING MANAGEMENT SPECIALIST MEETING OF AUGUST 5, 2003 - CONSENT AGENDA AWARD OF CONTRACT FOR THE COLLECTION OUTSTANDING BACKLOGGED PARKING CITATIONS OF On June 8, 2003 the City advertised a Request For Proposal (RFP) (2003-44) to find a professional collection service to assist in the collection of 9,227 backlogged parking citations and associated fees ($387,160.00) dating from 1995 through September 2001. A review committee comprised of Joe Safford, Finance Director, Guy Buzzelli and Miguel Catalasan of the MIS Department, Peggy Morrissey of the Police Dept. and Scott Aronson, Parking Management Specialist was formed to review and rank the responses. The committee has reviewed the seven (7) responses to the RFP and has determined Law Enforcement Services, Inc. to be the lowest qualified respondent as illustrated below. Respondent Fee Comment United Adjustment Corp. 7.5% No references listed Law Enforcement Systems, Inc. 23% Selected Professional Collection Solutions 25% Higher rate Nations Recovery Center, Inc. 25% Higher rate Alliance One 28.57% Higher rate American Collection Consultants 30% Higher rate MJ Altman Companies, Inc. 35% Higher rate MVP Enterprises, LLC. 37% Higher rate Although United Adjustment Corp. has submitted the lowest rate, the disparity compared to the other more experienced respondents, and the fact that no references were provided eliminated them from contention. Staff is recommending a three (3) year contract with two (2) one (1) year renewal options. By motion, approve the awarding of RFP # 2003-44 for the collection of backlogged citations to Law Enforcement Systems, Inc. for a period of three (3) years with two (2) one (1) year renewal options. clc... Law Enforcement Systems, Inc. PROPOSALFOR: The City of Delray Beach Professional Collection Services For Delinquent Parking Fine Accounts RFP No. 2003-44 PROPOSAL DUE DATE: July 1, 2003 LAW ENFORCEMENT SYSTEMS, INC. P.O. BOX 1348 47-40 21 ST STREET LONG ISLAND CITY, NEW YORK Richard K. Carrier President O Law Enforcement System., Inc. P.O. Box 1348 47-40 21st Street L.I. City, N.Y. 11101 (718) 729-5040 Fax (718) 482-8930 July 1, 2003 Purchasing Office 100 Northwest First Avenue Delray Beach, FL 33444 RE: RFP # 200344 Dear Committee Members, Law Enforcement Systems, Inc. (LES) is pleased to respond the City of Delrey Beachs' Request for Proposal for Professional Collection Services for Delinquent Parking Fine Accounts. LES has proven itself over the past 20 years to be one of the leading collectors of municipal debt. I've included a letter from Harvey Ruvin, Miami-Dade Clerk, attesting to LES' success and professionalism. Indeed, LES has the experience, as well as the financial and technological resources necessary to not only meet but to exceed the City's expectations. Our proposal describes our experience in implementing similar collection programs throughout the United States, and provides an overview of the approach that we would use for the City of Delray Beach. In Florida, LES is currently working with the Cities of Naples, Key West, Jacksonville, and Miami-Dade County. We look forward to adding the City of Delray Beach to our list of satisfied Flodda clients. As Vice President of Client Services, I can affirm that retaining LES would not result in any conflict of interest with any party. In addition, I am authorized to negotiate this contract. If you have any questions regarding this proposal or our credentials, please call me at your convenience. I welcome the opportunity to present our proposal in person to the City. Sincerely, Law Enforcement Systems, Inc. Dawn M. Cartier Vice President, Client Services HARVEY RUVlN MIAMI-DADE CLERK COURTS · COMMISSION · RECORDER Telephone: (305) 349-7333 Fax: (305) 349-7403 E-Mail: clerk@miami-dadeclerk.com Web Site: http://www.miami-dadeclerk.com February 25, 2003 DADE COUNTY COURTHOUSE ROOM 242 73 West Flagler Street Miami, FL 33130 TO WHOM IT MAY CONCERN: I am writing this letter of recommendation at the request of Richard Carrier, President of Law Enforcement Systems, Inc. (LES). In September 1999, my office accepted proposals for the collection of court fines and fees. Since Florida State Statute permits an add-on fee of up to 40% of the current amount due, our evaluation was not based on Iow bid price but rather on the vendor's ability to implement a collection service that would return the most amount of revenue while representing my office in an ethical and professional manner. Law Enforcement Systems placed very high in our evaluation among a field of eleven proposals. Their dedication to the municipal court collection business and their ability to interface with over 40 state DMVs was most impressive. Based upon the large number of accounts processed by this office, I decided to split the accounts between two agencies. We have been extremely impressed with the innovation demonstrated by LES. Violators can pay their citations online at their website, e-MuniPay.com. They work closely with a local Miami lawfirm who has pursued collections from leasing and rental agencies. In one case, they went so far as to tow a rental agency's transport vans. LES officials visit our PVB at least once monthly to ensure the quality of the collection effort and to address issues before they become problems. I would highly recommend LES as a collection vendor for your municipal court violations. I am confident that you will be more than satisfied with the way they operate and the results they produce. Sincerely, HARVEY RU~ Clerk Comptroller/Auditor · Civil Division Cdminal Division Family Division · Juvenile Division · Traffic Division · District Courts Division Technical Services Division · Clerk of the Board of County Commissioners . Marriage License · Parking Violations · Recording · Records/Archives Management Code Enforcement Support Value Adjustment Board Support Human Resources and Administrative Services Division City of Delray Beach Collectilm of Delinquent Parking Fine Accounts Law Enforcement Systems, Inc. July 1, 2003 Who We Are Law Enforcement Systems, Inc. (LES) is the leading violations collection specialist in the United States. Dedicated solely to municipal collections and related services, LES has developed proprietary violation collection software and established relationships with 48 state DMVs in order to identify, pursue and maximize revenue owed by violators. LES services for the violation industry range from total outsource solutions where LES manages the complete processing and billing cycle to backlog and second position contingency collection programs. Proven Industry Leadership Evidence of LES' unique position in the violations collection industry is best demonstrated by our proprietary DMV registered-owner retrieval service, DMVReglnfo.com. In September 1999, LES scored a violation industry first when it released DMVReglnfo, an Internet service that retrieves vehicle registered-owner information from 48 state DMVs, with data procured f~om more than 30 state DMVs overnight. This unique service, which has not been duplicated by any other company, supports two major toll authorities, three major cities for parking violations processing and several violation proceSSing and collection agencies. World-Class Customer Service LES becomes a partner with each of its clients, understanding their unique requirements and developing efficient and effective systems to maximize revenue recovery. By becoming completely knowledgeable in all aspects of the client's collection activities, LES is able to recommend changes to ciient-side methodologies that improve the quality of the data, increase debtor identification and yield higher recovery rates. LES has implemented several initiatives to reach out to violators and debtors in order to make it easier for them to satisfy their debts, including; multi-language letters, payment plan mailings to high balance- I City of Delray Beach LawEnf°rcernent~2~sterns'Inc' 0 Collection of Delinquent Parking Fine Accounts July 1, 2003 due and economically depressed accounts, and pay online by credit card at our website; e-MuniPay.com. Collection Methods Collection Letters Proven letter text and presentation produce better collection results. LES letters are multi-colored with tear away remittance stubs, scan lines for payment processing, and include variable text and shaded areas to highlight the importance of our message. Client Iogos and other graphics can be included. LES will develop all letters to comply with local, state and federal statutes governing debt collection. The City will approve all letters. W'flhin three days of assignment to LES, a notice will be sent to the violator. LES notices will be cumulative, noting all open and closed violations. It is our experience that presenting a "Statement of Account" type letter, listing all previously paid and currently open violations, reduces violator inbound cells. With the LES Statement of Account letter, there can be no confusion regarding previously paid and currently open violations. Unlike many commemial collection agencies that bill a dollar amount due, LES notices will include complete ticket information including: Date, Time, Violation, Description and Location Violation Fine and Penalty Amount Previously Paid (if any) Total Amount Due The first letter will allow the violator the required 30-day peded to dispute the validity of the debt per the Fair Debt Collection Practices Act. Soon after the 30- day dispute pedod, a second letter will be sent to those who have not paid in full or made payment arrangements. Depending upon local demographics, LES letters can be sent in both English and Spanish. LES Customer Service Representatives are fluent in both languages. City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement Systems, Inc. July 1, 2003 LES notices direct violators to call our toll-free number to resolve any problems they may have regarding their unpaid fines. In addition, we make it easy and convenient for violators to pay their fines on-line by credit card at our secure www.e-MuniPay.com website. A sample letter is included in the appendix. Telephone Contact In cases where our collection notices go unanswered, LES will initiate telephone contact. Once established, the violator will be told that the purpose of the call is to notify them of subsequent collection actions. We are concerned that perhaps our first letter was not received but if it was, then perhaps there are special circumstances to be considered to enable LES to extend the time for payment. If payment in full were not possible, we would offer a time payment plan. Community Relations The reputation of the City of Delray Beach is extremely important to us, as is our reputation as a professional collection agency. The Collection and Production Manager monitors all LES Customer Service Representatives. We operate under the strict guidelines of the Federal Fair Debt Collection Practices ACt. It is the LES philosophy to treat violators as "Customers", with the respect any business owner would give a paying patron. As such, LES does not tolerate complaints and moves quickly to resolve any that may occur. Proposed Work Plan The collection project detailed in this RFP does not present LES with any challenges that we have not previously encountered and resolved. LES was founded on the belief that for a collection program to achieve its fullest success, it must be flexible, multi-faceted and tailored to each client's specific needs and concerns. The program that we offer to The City of Delray Beach will be no exception. Our collection program will begin immediately following the contract award. Our goal is to maximize recovery of parking violation fines, while minimizing clerical and management involvement of the City. We ¢ 3 City of Delray Beach Law Enforcement Systems, Inc. Collection of Delinquent Parking Fine Acco~mts July 1, 2003 will monitor our work on a continuous basis and modify our plan to achieve our goal. Below is an outline of our plan followed by select specifics not addressed elsewhere in this response. Plan Outline Update the assigned violations and other accounts to the LES Violation Collection System on the day of referral. Interface to DMVs files for updated address information. Mail first notices to target groups advising them of their assignment to LES and their dght to dispute the violation and the balance due. Direct calls to LES so that violators may resolve their debt or enter a dispute. Direct payments to LES lockbox orto www.e-MuniPay.com website. Update fon~arding addresses returned from USPO as directed by LES envelope. Research all undeliverable mail to identify current and deliverable addresses. Update telephone numbers to accounts for direct telephone contact. Mail a sedes of more strongly worded follow-up letters to individuals who have not paid or responded in any manner. This is done at 30, 60 and 90-day increments from date of account assignment. As directed by The City, apply all appropriate legal and ethical enforcement mechanisms. Arrange payment terms. Option: LES collection process through the judicial system with Florida attorney; Goren, Cherof, Doody & Ezrol, P.A.. Return accounts 360 days after assignment. Plan Specifics ~' On Site Survey The key to trouble-free implementation and qualify on-going service is the initial on-site survey. Our project manager will spend time with the city gathering information regarding all matters relating to the violations to be assigned. Based upon this information, LES will develop a Collection Plan for review and approval by the City and create a Delray Beach Customer Service Manual for LES collectors. Consequently, LES collectors will be totally conversant about the account. 4 City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement Systems, Inc. July 1, 2003 > Data Conversion and Exchange Since LES specializes in parking violation 'collection, our Parking Violations Collection System routinely exchanges data with computer systems operated by municipalities or their agents. As part of our Survey, we will obtain a list all data elements that the City maintains for parking violations. Ideally, we will use the same interface that you use with your current vendor. We will address data conversion and exchange as follows: New Case Assignment LES will work with the City staff to create a Master Exchange Record. LES would like basic data, and any notice dates, payment dates and dispute information. The Master Exchange Record should include a f'eid for "Bad as Addressed" accounts which LES would recommend receiving for skip- tracing services. Today, most clients' exchange account information with LES via the Intemet by e-mail or I- I ~-'. Violator/Debtor Payments LES staffs a bonded lockbox remittance center in its offices in Long Island City, NY. Our bonded staff will process the payments and update the account information to the City system each night. Receipts will be deposited to a trust account with automatic transfers of revenue to the City's account. A Supporting Deposit Analysis Report will be posted to the City's computer server. Should the City accept payments on assigned violations, the account information would be sent to LES via the established data interchange method. Disputed Accounts Violators and debtors will send account disputes (previously paid, dismissed, etc.) to the LES Lockbox. LES staff will review the accounts and update to the LES system as disputed/hold. Upon receipt of supporting infon~afion from the violator, LES customer service staff will make a "dispute recommendation" that will be sent to the City for administrative review and determination. The City will either dismiss the case or determine that a formal court hearing must be arranged. LES Billing Dates, CSR Notes Upon receipt of LES collection letters, violators will often cell the LES customer service center (CSC) as listed on the letter they have received. As an option, LES can provide online access to accounts for review by the City staff so that they may have complete knowledge of all LES activities should a violator appear at the PVB. This information can also be transferred to the City data system as part of the Master Exchange Record. ¢ 5 City of Delray Beach Collection of Delinquent Parking Fine Accounts ~ Enforcement fi)sterns, Inc. July 1, 2003 ~ Payment Option: Pay Online LES offers violators the ability to pay their violations online via our website: e- MuniPay.com. This site is currently processing over $50,000 worth of payments each month for over 10 municipal violation accounts. Payments are updated from the e-MuniPay site to the LES rCS each morning after confirmation of payments. Online payments will be included in our standard payment update to the City system with the ability to distinguish online payments from mail-in payments at the option of the City. LES charges the violator a small convenience fee for use of the Pay Online services. There is no cost to the City. ), Letter and Phone Scripts Based upon our Survey and analysis of the initial assignment, LES will develop a collection letter series and Customer Service telephone collection scripts. The text will detail the possible consequences of non-payment, with subsequent delinquency letters noting the need to respond. All communication by LES will be carried out in strict compliance with local, state and federal laws governing debt collection and in all cases reviewed and approved by City staff prior to implementation. > System Testing and Test Mail Once data formats have been finalized and all scripts approved, LES will launch a test mailing advising violators of assignment to LES and the balance due. Letters will direct calls to LES so that violators may resolve their debt or enter a dispute. Payment updates will be further tested and violator calls to the LES Customer Service Center monitored for evidence of any systematic problems. When all systems prove sound, LES will begin full-scale mailings. ~ Reports LES will provide daily, weekly and monthly detail and summary reports to the satisfaction of the City so that the status of all case assignments, revenue 6 City of Delray Beach Law Enforcement Systems, Inc. Collection of Delinquent Parking Fine Accounts July 1, 2003 collected and dismissed cases are fully accounted for. Our reports include the following: Statement of Account This report details each violator and his/her associated violations with issued date, fine and penalty and collection activity. Status dates are shown; letter mail date and due date, court date, payment date, amount, etc. Phone calls and all correspondence received by our Customer Service Representatives are logged and provide valuable account information, for both LES and the City should the violator appeal. Time Payment Plan Our time payment plan is used in the instances when time payment plans are allowed. The LES system automatically tracks TPP agreements and will generate a collection notice upon default. TPP agreements are not in force until the signed agreement is received by LES along with the first payment. Deposit Analysis Report This report details each payment posted for a particular deposit date. The transaction number, violator name, ticket number(s) and amount paid are some of the posted items detailed. This report will be sent to the City daily or weekly, as back up to a daily or weekly ACH transfer of revenue. This report is also generated for bounced or INSF checks received. After debit processing the LES system automatically adds any applicable INSF municipal/bank fees and generates a new collection letter. No fee is owed to LES for checks not honored. Performance Report This report summarizes all collection activity for the account and itemizes performance of each mailing. This rePOrt, when generated by specific mailing target groups, (in-state, out-of-state, failure to appear) is invaluable to LES in evaluating the effectiveness of its efforts. We are able to track violator response to our mailings and determine where additional collection efforts need to be focused to realize maximum revenue potential. Monthly Summary Report This report summarizes all revenue collected for a particular month. Bounced checks and refunds are shown as debits and are deducted from the Total Revenue Received, thus reversing the fees previously paid to LES. 7 City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement gystems, Inc. July I, 2003 Data Processing Capabilities Since LES specializes in parking violation collection, our Parking Violations Collection System routinely exchanges data with computer systems operated by municipalities or their agents. As part of our Survey, we will obtain a list all data elements that the City maintains for parking violations. Ideally, we will use the same interface that you use with your current vendor. We would prefer to exchange data via electronic file transfer on the Intemet. Registered Owner Access Capabifities Skip-Tracing and DMV Interfaces The ability to locate a debtor at a current address is key to collecting the account. Skip tracing has been an ongoing function of the services provided by LES. To achieve a high skip locate rate, we use a combination of commercial Iocator databases as well as manipulation of sate DMV databases. LES accesses national change of address database services for additional skip-tracing capabilities. In addition, LES has on-line access to the complete Flodda DMV file. We have found that no other source is as valuable for skip-tracing as the Florida DMV file. LES has developed proprietary violation collection software and established relationships with 45 state DMVs in order to identify, pursue and maximize revenue owed by violators. In September 1999, LES scored a violation industry first when it released its proprietary DMV registered-owner retrieval service: DMVReglnfo. com, an Internet service that retrieves vehicle registered-owner information from 45 state DMVs, with data procured from more than 30 state DMVs overnight. This unique service, which has not been duplicated by any other company, supports two major toll authorities, three major cities, numerous smaller municipalities for parking violations processing as well as several other violation processing and collection agencies. City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement ~yslerns, Inc. July 1, 2003 Providing Registered Owner Information to over 50 cities, universities and tollways. '~l]~'l~m~ ,,~ L~catian:lhttp://www. dm,~ecjinfo.c~m! ~ ~r~ Law Enforcement Systems Announces Availability of DMVi~eglnfo LES. Begins Nassau County Collection Program DMVReglnfosm is the ultimate regisUab on retrieval se~co. Now you can ratdeve registration information from over 40 states from your desl~op PC. LocmJng the registered owner of a vehicle is essential to collecting delinquent parldng tickets. Without the proper name and address, ticket revenue is lost torever. Wtth DMVReglnfosm, ob'raining registered owner information is as easy as point and click. Offered to municipalibes, universities and their qualified agents, DMVReglnfo pen'nits you to subroit stato/plate information for fast processing. ( 9 City of Delray Beach Collection of Delinquent Parking Fine Accounts ~ Enforcement Systems, Inc. July 1, 2003 Firm Background Law Enforcement Systems has been specializing in the collection of parking debt for municipalities across the United States since its incorporation in 1982. We have the proven experience to successfully meet the objectives as stated in the RFP. Our project team has over 55 years of direct experience implementing violation collection programs. Our extensive experience with DMV data acquisition and the capabilities of the LES Violation Collection System will ensure that project objectives ara exceeded. Resumes of Principals Richard K. Carrier 1982 - Present: Law Enforcement Systems, Inc., President Founded company to provide parking ticket processing and collection services to New York municipalities. Guided development of LES proprietary "Violations Collection System" and www. DMVReglnfo.com an Internet based registration retrieval service with links to over 40 state DMV databases. Senior Project Manager for Major LES Accounts: Miami-Dade County Court ,FL Nassau County Traffic & Parking Violations Agency, NY Providence, RI Municipal Court St. Louis, MO Municipal Court CPTC Toll Evasion Adesta/Regional Consortium DMV Retrieval E-470 Public Highway DMV Retrieval 1978-1982: NCR Corporation, Executive Account Manager, Government Division. Responsible for marketing and implementation coordination of computer systems for local and county governments in New York. I0 City of Delray Beach Collection of Delinqueat Parking Fine Accotmts Law Enforcement Systems, Inc. July 1, 2003 Education: BA: Fordham University. MBA: Fordham Graduate School of Business Administration. C.E.C.: New York University: Systems Analysis and Design. Dawn Carrier: 2000 - Present: Law Enforcement Systems, Vice President, Client Services Dawn helped launched LES with her brother Richard in 1982. She was the company's first sales, marketing, and customer service manager. After a hiatus during which time she raised a-family, managed a successful real estate business and earned a degree in economics, she is back with LES. Project Manager: Daytona Beach,FL City of Charlotte, NC University of Texas, Austin Impedal Parking All DMVReg Info Clients Education: BA: The State University of New York, Stony Brook. George Moskowitz t982 - Present: Law Enforcement Systems, Inc. VP Information Systems Designed and assisted in development of L.E.S. '%/iolations Collection System". Currently guiding development of a 4th generation version of '%/CS". Responsibilities include project evaluation and development and overseeing conversion of new clients. 1976 - 1988: Rogem Systems, President Program development consultancy whose clients included: Law Enforcement Systems, Inc. 1982-1986 LaGuardia Community College, City University of New York: Student Registration and Bursar System: System Design. 11 I City of Delray Beach Collection of Delinquent Parking Fh~e Accounts Law Enforcement Systems, Inc. July 1, 2003 New York Association for Retarded Citizens:Designed and developed workshop job management and payroll systems. 1970-1975: New York University: Director of Systems Development Redesigned student registration system, managing programming department. Education: BS: New York University Contract Responsibilities: Main technical liaison to client technical staff in all matters relating to interfacing and data exchange. Kathleen Quinn: 1988 - Present: Law Enforcement Systems, Inc. Programming Manager 1976 - 1988: Rogem Systems: Programming Manager 1971 - 1975: New York University: Programmer Education: BA: Salva Regina College, Newport, Rhode Island Contract Responsibilities: Data interfaces and conversion. Kathy has worked on all new LES accounts to make sure that they are converted properly. Account Manager The account manager for City of Delray collection project will be: Dawn Carrier, Vice President of Client Services. Law Enforcement Systems, Inc. 47-40 21= Street PO Box 1348 Long Island City, NY 11101 (718) 729-3912 email: dawn{~..les2000.com Dawn Carrier has bccn the project manager on several collection accounts including Daytona Beach, FL., Imperial Parking Corporation, City of Charlotte, NC. ( 12 City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement Systems, Inc. July 1, 2003 Experience and References Below is a partial list of references that exemplify our experience. State of New York Town of North Hempstead Town of Oyster Bay Town of Hempstead Village of East Williston Village of Port Washington North Nassau County, New York including participating municipalities: Nassau County Nassau Community College Nassau Medical Center Village of Manorhaven Village of Russell Gardens Village of Hewtett Bay Park Contact: Ed Zelles (516) 572-2650 Nassau County Traffic & Parking Violations Bureau May 1992 contract awarded by Distdct Attorney for processing and collection of Backlog and Current Parking Tickets. LES was the Prime contractor, no subcontractors. Backlog Collections: 1988 to 1992. Nassau County did not have a computer system for parking violations. LES manually input over 1,000,000 tickets and over 400,000 dispositions to create a file of approximately 600,000 unpaid tickets valued at over $9,000,000. LES provided on-site staff and computers at the District Court to receipt mail-in and walk-in payments. LES provided a toll-free violator helpline staffed by LES customer service representatives. 1992 to 1997. $9,000,000 collected between on approximately $18,000,000 worth of tickets assigned. September 1998: LES is awarded the contract to collect parking tickets issued 11/94 - current, a file valued at over $14,000,000 with approximately 250,000 tickets issued annually. LES was selected as the most qualified bidder among a field of 8 including Dun & Bradstreet and the NCO Group. Current Collections: Provide Scofflaw registration, billing and lockbox remittance processing services with toll-free helpline. 13 City of Delray Beach Collection of Delinquent Parking Fine Accounts Law Enforcement Systems, Inc. July 1, 2003 ~ Miami-Dade County, Florida Contact: Antonio Gonzales, Counsel to the Clerk (305) 375-3333 Backlog and Current Collections: Rated most qualified by the evaluation committee. Assigned 320,000 in state and out of state parking violations. Established computer to computer interfaces for nightly exchange of new assignments and payments. Began collection efforts in Apd12001. To date, over $2.5 million collected. ~ City of Jacksonville, Florida Contact: Derek Igou, Chief, Public Parking Division (904) 630-1647 Backlog and Current Collections: The City has had two in-house systems that LES has had to interface with. Current tickets are assigned to LES 60 days after issuance with LES sending notices and receipting revenue. Tickets and payments are transferred via the Intemet. Rates LES is proud of its record in being able to collect more revenue than other vendors while providing excellent service to our client and violators. Our proposed collection service fee for the City of Delray Beach is 23%. This rate includes all services outlined in this response. There is no cancellation charge nor is there an unsuccessful collection charge. Workforce LES has 38 dedicated, full time, salaried employees. In addition to the principals referenced previously in this response, we have several key people who have been with LES for 10 years or more. Our Collection and Production Manager is Joanne Williams. Joanne has worked for LES since 1989. She is trained in Federal Debt Collection laws. In addition, Joanne is certified by the American Collectors Association. Tonja Goosby has been in charge of remittance processing since 1993. 14 City of Delray Beach Collection of Delinquent Parking Fine Accounts Jaly 1, 2003 'Our Customer Service Representatives are bilingual in English and Spanish. All Customer Service Representatives receive extensive in-house education and become certified by the Amedcan Collectors Association. Legal Status in the State of Florida LES is licensed in Florida and all other States and municipalities that require a license to collect violations. While traffic violations do not fall within the definition of "consume~ debt" as defined by the Fair Debt Collections Practices Act, LES strictly adheres to all local, state and federal laws regulating debt collection. Proof of license and professional liability insurance included. Federal Employer Identification Number: 13 312 6584 15 Beparlmen! late I certify from the records of this office that LAW ENFORCEMENT SYSTEMS INC. is a New York corporation authorized to transact business in the State of Florida, qualified on August 2, 1995. The document number of this corporation is F95000003748. I further certify that said corporation has paid all fees due this office through December 31, 2003, that its most recent annual report/uniform business report was filed on January 13, 2003, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. CR2E022 (1-03) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-first day of January, 2003 eeretarg af~tat~ .A47._Q.J CERTIFICATE OF LIABILITY INSURANCE 06 zT/zoo 3 tquxxx:~ 914. 694 5700 FAX 914 694 5750 THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SKCG Group, Inc. ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1311 I, lamroneck Ave ALTERTHECOVERAGEAFFORDEDBYTHEPOUCtESBELOW. k~t~te P]a¶ns, NY 10605 INSURERS AFFORDING COVERAGE NAIC # ~ Law Enforcement Systems, ThC. ~^ Tudor Insurance Co. 47-40 21$t Street ~8 P.O. Box 1348 .SUR~RC Lo~9 Island Ctty, NY 11101 ~E~e COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOI~/ITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT tN;TH RESPECT TO ~I~ICH THiS CERTiFICaTE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMiTS SHO~N MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ EOPO023042 11/01/2002 11/01/2003 1,000,000 ri'ors & Omissions A CER~RCATEHOLDER City of Del ray Beach Purchasing Department 100 N.W. 1st Avenue Oelray Beach, FL 33444 ACORO 25 (2001/0~) CANCELLATION Richard Cant er/30rlNC ~CORD CORPORATION · ACORD. CERTIFICATE OF LIABILITY INSURANCE :~"_~ o6,'2~/o3 pmx~cm~ THIS ~ ~ ~ ~ A ~ OF ~N ~$te 2 O00 H~E~ ~ CE~F~ ~S ~ ~ND. ~D OR ~ ~ ~a~er. Znd. Co. oZ ~. 25682 ~t Tra~e~o Zn~ ~. 25658 ~g Xsl~d 0~ ~ 11101 eiNm~L I.Mm.m' r~cH OCCUm~AC~ ~,000~000 ~ X COM',E~,k~MA'~WALLMM.m( 660180D3*66ATCT03 05/11/03 05/11/04 ~ ~M~ (h ~) 5~00 0~9' ~ ~et ~d. Xnsu ~~ sl,O00,O00 m~ ~~ s 1,000,000 A, ~ 660180DZ46A~03 05/11/03 05/11/04 ~ B ~ ~ ~6~3~698~03 05/11/03 0S/~Z/04 ~ S2,000,000 ACORD ~ (2(X)I~U) ~ ACORD CORPORATION 1M8 IMPORTANT If the certificate holder is an ADDmONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not conteer dghta to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Ceffificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage affo~ed by the policies listed thereon. ACORD 25 New York State ln urap, ce Fund.. 1W (~HURCt4 ~'TRE-/IT. NEW YORK, N.Y. 1~(X)7-1100 CERllFIGATE OF WORKERS' COMPENSATION INSURANCE LAW ENFORCEMENT SYSTEM ICC P O BOX 134B LONG ISLAND crrY NY 11101 /POLIDYHOLDER LAW ENFORCEMENT SYSTEM lNG PO BOX 1348 LONG ISLAND crt-Y NY 11101 Q 741 848-6 6831~2 CE~/,-ICATE HOLDER CITY OF DEI. RAY BEACH PURCHASING DEPARTMENT lO0 N.W. 1ST AVENUE DELRAYBEAGH FL 3~at4 PERIOD COVERED BY THIS CERTIFICATE 5~03 09/03/2002 TO 09/03/2003 THIS IS TO CERTIFY THAT THE POLIOYNOLDER NAMED ABOVE IS INSURED WITH THE NL=W YORK STATE INSURANCE FUND UNDER POLICY NO. 741 848-6 UNTIL. 09/03/'2~03. COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKER~ COMPENSATION LAW WffH RESPECT TO ALL OPERATIONS IN THE STATE OF NEON YORK, EXC. P.P I AS INDICATED BELOW'. AND. WffH RESPECT TO OPERATIONS OUTSIDE OF NEW YORK, TO THE POLICYt-IOLDEITS REGULAR NEW YORK STATE EMPLOYEES ONLY. IF SAID POLICY I~ CANCELLED, OR CHANGED PFUOR TO 09/03/2003 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE. t0 DAYS WRII-t*EN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE 8YREGULAR MAIL SO ADDRE,~ED SHALL BE SUFFIClENTCOMPLIANCE WffH THIS PROVISION. THE NEW YORK STATE INSURANCE FUND ]DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE. THIS CERTIFICATE DOES NOT APPt. Y TO BUILDING DEMOLiTION. THIS CERTIFICATE IS ISSUED AS A MA~; F_.R OF INFORMATION ONLY AND CONFERS NO RK~HTS NOR INSURANCE COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICY. NEW YORK STATE INSURANCE FUND D~CTOR. INSURN~ICE FUND UNOERWR~llNG This certtf~ate can be validated o~ our we~ ~ ~t hEl~'./Nh.M.ny~f.,-~,,;cert/ceftvM.asP VALIDATION NUMBER: 293606355 TO: THRU: FROM: SUBJECT: MEETING OF AUGUST 5, 2003 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.1'1(B)(2) TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING, AND KARATE- JUDO, AS A PERMITTED USE IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. The City has received a privately initiated LDR text amendment from Henr~ Cotumbi, owner of property located at 2715 South Federal Highway, to allow vocational schools as a permitted use within the NC (Neighborhood Commercial) zoning district. The applicant wishes to allow a tenant to operate a martial arts school at 2715 South Federal Highway. This property contains four commercial buildings and the tenant wishes to occupy one 1,200 sq. ft. commercial structure. In addition to listing the use, some minor changes are proposed to the "Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections for clarification purposes. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 21, 2003. There was no public testimony regarding the request. After a lengthy discussion regarding the appropriateness of dancing and karate-judo schools in this district and the definition of vocational schools, the Board voted 5-0 (Woehlkens and Morris absent) to recommend to the City Commission that LDR Section 4.4.11(B)(2) (Principal Uses and Structures Allowed) be amended to allow "Vocational Schools, limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo ~as a permitted use and that minor changes be made to "Principal Uses and Structures Permitted' and "Conditional Uses and Structures Allowed', based upon a positive finding with LDR Section 2.4.5(M)(5). By motion, approve on first reading the attached amendments to LDR Sections 4.4.11(B)(2), (Principal Uses and Structures Allowed) be amended to allow "vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted use and minor changes to the "Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections, based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of August 19, 2003. Attachments: P&Z Staff Report and Documentation of July 21, 2003 Ordinance by Others ORDINANCE NO. 22-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF, I.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.11, ')NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", BY AMENDING SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMfI-I'~D", TO CLARIFY THE USES SUBJECT TO THE SPECIAL REGULATIONS SECTION AND TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING AND KARATE-JUDO AS A PERMIT fED USE WITHIN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; BY AMENDING SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES AIJ.OWED', TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL REGULATIONS SECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEAL~,R CLAUSE, AND AN EFFECTIVE DATE. Vi'HEREAS, pursuant to LDR Section 1.1.6, the Phnning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 21, 2003, and voted 4 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.11, "Neighborhood Comme2cild (NC) District", Subsection (B), "Principal Uses and Structures Permitted", of the !and Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.4.11 Neighborhood Commercial (NC) District: (B) Principal Uses and Structures Permitteck The following types of uses are allowed within the NC District subject to the limitations per Subsection .fiB. as a permitted use: Provision of services such as: barber and beauty shops; city denning limited to on-site processing for customer pickup only; dry denning and laundry pickup stations; vocational schools limited to arts and crafts, business, beauty., dancing, driving_. _.mannastics. photography, modeling, an~t karate-!udg; financing e.g. b~nk, and similar institutions excluding drive-through facilities; laundromats !~mited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; newsstands. (3) Business and Professional Offices, Section 2. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (12)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District sub!ect to the limitations per Subsection (H). (1) Child care and adult day care. (2) Disphy and sale of lawn furniture, playground equipment, sheds and accessories. (3) Veterinary clinics. (4) Equipment rental and disphy. Section 3. That should any section or provision of thi~ ordinance or any portion thereof, any paragraph, sentence, or word be deviated 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. ~ That all orrlin~nces Or ~ of o~inspces in conflict herewith be, and the same are hereby repealed. Se~on 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 22-03 PASSED AND ADOPTED in regnl~r session on second and final ~eading on thi~ the day of 0 2003. ATi'EST MAYOR City Clerk First Reading Second Readin~ ORD. NO. 22-0B MEETING DATE: AGENDA ITEM: JULY 21, 2003 IV.F. -AMENDMENT TO LDR SECTION 4.4.11(B)(2) TO ADD VOCATIONAL SCHOOLS LIMITED TO ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING, DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING, AND KARATE-JUDO, AS A PERMITTED USE IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.11(B)(2) Neighborhood Commemial (NC) zoning district, Principal Uses and Structures Permitted, to add "vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City has received a privately initiated LDR text amendment from Henry Columbi, owner of property located at 2715 South Federal Highway, to allow vocational schools as a permitted use within the NC (Neighborhood Commemial) zoning district. The applicant wishes to allow a tenant to operate a martial arts school at 2715 South Federal Highway. This property contains four commercial buildings and the tenant wishes to occupy one 1,200 sq. ft. commercial structure. The request is to allow vocational schools limited to arts and crafts, business, beauty, dancing, ddving, gymnastics, photography, modeling, and karate-judo as a permitted use in the NC zoning district. LDR Section 2.4.5(M)(5) (Findin;Is): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Purpose and Intent of the NC zoning distdct is to provide the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to residential areas. Planning and Zoning Board Staff Report LDR Amendment to Add Vocational Schools as a Permitted Use in the NC Zoning District Page Section 4.4.11(B)(2) of the NC zoning district currently allows the following as principal/permitted uses: ~Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive-through facilities; newsstands". The proposal is to accommodate vocational schools, which will meet the needs of nearby neighborhoods. The NC zoning district supplemental distdct regulations specifically limit the maximum square footage to 2,000 sq. ft. for a single service use tenant. The intent of this restriction is to maintain the center at the neighborhood scale. A comparison of regulations of Other municipalities was conducted as follows: City of Boca Raton: · Business Schools are allowed in the NCBD (Neighborhood Commemial Business District) zoning district as a conditional use. City of Boynton Beach: Art or recreational instruction uses are allowed in the C-2 (Neighborhood Commercial) zoning district as a permitted use with a maximum square footage of 5,000 sq. ft. Vocational Schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo are currently permitted in the GC, PC, CBD and CBD-RC zoning districts. Also, vocational schools are permitted in the OSSHAD and PCC, while in the POD and CF districts they are allowed as a conditional use. As previously stated, the NC zoning district supplemental district regulations specifically limit the maximum square footage to 2,000 sq. ft. for a single service use tenant. This is the only zoning district with a limitation on the maximum square footage allowed for retail, service and office type uses. This requirement is to limit the intensity of uses allowed in this district given the districts close proximity to neighborhoods. Thus, the text amendment involves a limitation on the types and size of vocational schools, which would have similar impacts on other uses currently allowed in the NC zoning district. The purpose and intent of the NC zoning district would not be diminished by the proposed amendment as vocational schools, which is a service type use, would be convenient to and not disruptive to residential areas. It is anticipated that the residents of nearby neighborhoods would patronized these businesses. In addition to listing the use, some minor changes are proposed to the 'Principal Uses and Structures Permitted" and "Conditional Uses and Structures Allowed" sections for clarification purposes. Planning and Zoning Board Stuff Report LDR Amendment to Add Vocational Schools as a Permitted Use in the NC Zoning District Page 3 COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the goals, objectives, and policies of the Comprehensive Plan, it is not inconsistent with them. The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment A!:lency: At its meeting of July 16, 2003, the CRA (Community Redevelopment Agency) unanimously recommended approval of the LDR text amendment. Courtesy Notices: A special courtesy notice was provided to the President's Council, Progressive Residents of Delray and Tropic Isles Homeowners Association. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. By motion, recommend to the City Commission that LDR Section 4.4.11(B)(2) (Principal Uses and Structures Allowed) be amended to allow 'Vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo" as a permitted use, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is not inconsistent with the Goals, Objectives and Policies of the Comprehensive Plan. Attachment: a Proposed Amendment · NC Zoned Districts Map Report Prepared by:. Michelle Ho¥1and, Senior Planner Section 4.4.11 Nei.qhborhood Commercial (NC) District: (A) Purpose and Intent: The Neighborhood Commemial (NC) District provides the opportunity to locate limited' retail and service uses in a manner convenient to and yet not disruptive to residential areas. The NC District may be located in areas designated as Transitional on the Future Land Use Map when a nonresidential use is appropriate for the location. (B)' PHncipal Uses and Structures Permitted: The following types of use are allowed within the NC District as a permitted use, subiect to the limitations per Subsection (H): (1) Retail sales such as: convenience foods; household supplies; garden and lawn suPplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen goods. (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations; financing e.g. banks and similar institutions excluding drive-through facilities; laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ica cream parlors but excluding drive-in, drive-threugh facilities; newsstands and, vocational schools limited to arts and crafts, business, beauty, dancinR, drivinq, Rymnastics, photo.qraphy, modelin.q, and karate-iudo. (3) Business and Professional Offices .... (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking areas for employees and customers. (2) Refuse and service areas. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the NC District, subject to the limitations per Subsection (H): (1) Child care and adult day care. (2) and accessories. Display and sale of lawn fumiture playground equipment, sheds (3) Veterinary clinics. (4) Equipment rental and display. CITY OF DELRAY BEACH, FLORIDA NC (NEIGHBORHOOD COMMERCIAL) ZONED DISTRICTS LEGEND: I. PINE RIDGE ROAD & SEACREST BOULEVARD 2. HAMLET PLAZA 3. SOUTH OF HIGHLAND TRAILER PARK 4. DISCOUNT AUTO PARTS 5. FOUNTAINS AT DELRA ¥ BEACH 6. $.E. CORNER OF A VENUE 'G' & FEDERAL HIGHWA¥ MEMORANDUM TO: FROM: SUBJECT: DAT/~: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ ~2~ ORDINANCE NO. 24-03 - REGULAR MEETING OF AUGUST 5.2003 AUGUST 1, 2003 This is second reading and second public b~ring for Orclln,nce No. 24-03 mending OMin,nce No. 7-03 by repealing Section 4.4.9(G)2(Q(2)(C) and enacting a new Section 2(C)2(C). Ordinance No. 24- 03 modifies the parking requirements for self storage facilities in the North Federal Highway Overlay District and proposes that there should be one (1) parking space for every 100 storage units; inclusive of the three (3) loading spaces/limiting the time for loading/unloading to one (1) hour, and three and one-half (3.5) parking spaces for each 1,000 square feet of accessory office use associated with self- storage use. At first reading and f~st public heating on July 22, 2003, the City Commission passed Ordin~,~ce No. 24-03. Recommend approval of Ordinance No. 24-03 on second and final reading. TO: THRU: FROM: SUBJECT: DIREC~(~R OF PLANNING & ZONING SCOTT ARONSON, PAI~KING MANAGEMENT SPECIALIST MEETING OF AUGUST 5, 2003 - REGULAR AGENDA AMENDMENT TO ORDINANCE NO. 7 - 03 WITH REGARDS TO PARKING REQUIREMENTS FOR SELF SERVICE STORAGE FACILITIES IN THE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT OF THE GC ZONING DISTRICT On April 15, 2003, the City Commission adopted Ordinance No. 7-03, allowing self service storage facilities as a conditional use in the North Federal Highway Overlay District of the GC (General Commercial) zoning district. While the Commission adopted the ordinance, concerns were noted with regards to the proposed parking requirement component of the ordinance (two (2) spaces striped for loading and unloading with a one (1) hour time limit). Staff was directed to review the parking requirements and return to City Commission with a recommendation. At the City Commission meeting of May 20, 2003 the Commission approved on first reading Ordinance No. 15-03 wherein Staff recommended that the parking requirements for self service storage facilities in the North Federal Highway Overlay District should be I space for every 50 storage units, or portion thereof, inclusive of the associated management off.ice floor area. Upon second reading at the June 3, 2003 City Commission meeting the consensus of the Commission was that the proposed requirement was excessive and the proposed Ordinance was denied unanimously. City Commission directed Staff to meet with the applicant to provide a compromise. Based upon meetings with the applicant, Staff is recommending that self service storage facilities in the North Federal Highway Overlay District provide one (1) parking space for every 100 storage units, or portion thereof, including: (a) a minimum of three (3) loading spaces for the self-service storage facility that must be striped and signed to limit the time for loading and unloading to one (1) hour; and (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory office use associated with the self-storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self-storage use. Ordinance No. 24-03 (attached) proposes an amendment to Ordinance No. 7-03 regarding the aforementioned parking requirements. By motion, approve on second reading Ordinance No. 24-03 modifying the parking requirements for self service storage facilities in the North Federal Highway Overlay District of the GC Zoning District. Attachment: I~ Ordinance No. 24-03 ORDINANCE NO. 24-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING A PORTION OF SECTION 1 OF ORDINANCE NO. 7-03 WHICH AMENDED THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", BY REPEALING SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING RATES AND ENACTING A NEW SUBSECTION 2(C)(2)(C) PROVIDING FOR PARKING RATES FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7-03 was passed and adopted in regular session on second and final reading on April 15, 2003; and WHEREAS, Ordinance No. 7-03 was heard at a public heating before the Planning and Zoning Board on March 17, 2003 wherein a finding of consistency with the Comprehensive Plan was made; and WHEREAS, this Ordinance repeals a portion of Section 1 of 4.4.9(G) 2(C)(2)(C) of Ordinance No. 7-03 and enacts a new subsection 2(C)(2)(c) to provide specific parking rates in the North Federal Highway Overlay District for self service storage facilities; and WHEREAS, the City Commission of the City of Delray Beach finds that the change is consistent with and furthers the goals and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~.!.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a portion of Section 1 of Ordinance No. 7-03 which amended Section 4.4.9(G)2(C)(2)(C) is hereby repealed and a new Section 2(C)(2)(C) is hereby enacted to read as follows: (2) North Federal Highway Overlay District: The following supplemental district regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7. (c) In addition to subsection (b) above, any self service storage facility shall comply with the following. The following regulations supersede Section 4.3.3(A): (1) Lot Area: The minimum lot area is 1.5 acres and the maximum lot area is 3 acres. (2) Facilities and Requirements: (a) Outdoor bay type access to individual self-storage units that face a street is prohibited. The exterior loading access points shall be designed in such a way to minimize sight tines from adjacent roads. No building shall exceed forty-eight feet (483 in height. Parking shall be provided at the rates set forth in Section 4.6.9 for the permitted service, office and retail uses and for self-storage uses. parking shall be at a rate of one (1) parking space per 100 stora~ue units or portion thereof. including: (~ a minimum of three (3) loading spaces for the self-service storage facility, that must be striped and si[reed to limit the time for loading and unloading to one (1) hour: and in addition (b) three and one-half (3.5) spaces for each 1.000 square feet of accessory, office use associated with the self-storage use. Notwithstanding the above, a minimum of five (5) parking spaces other than loading spaces shall be provided in connection with the self- storage use. (d) At least 2,500 square feet of ground floor area shall be devoted to at least one additional principal retail or service use without limiting the forego'rog. The additional principal uses may be eating and drinking establishments, retail or personal service. 2 ORD. NO. 24-03 Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 7-03 shall remain in full force and effect. 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regad~r session on second and final reading on this the day of ., 2003. A't'i'~;ST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 24-03 TO: THRU: FROM SUBJECT: DAVID T. HARDEN CITY MANAGER ~ MEETING OF AUGUST 57 2003 - FIRST READING TRANSMITTAL (03-2). AND OF COMPREHENSIVE PLAN AMENDMENT 2003-2 The City Commission initiated Comprehensive Plan Amendment 03-2 on July 8, 2003. The initiation included a Text Amendment to allow increased density up to 30 units per acre in the Northwest Quadrant of the Southwest Area Neighborhood Redevelopment Plan area and this has been removed. A City initiated amendment, regarding the adoption of the Wallace Drive Redevelopment Plan, has been added. The remaining items in the Plan Amendment consist of two City Initiated Future Land Use Map amendments, a privately initiated Future Land Use Map amendment and two text changes, and table updates. Full analysis of each of the following items is contained in the attached documentation. The Planning and Zoning Board held its public hearing regarding the amendment on July 21, 2003. During the Public Hearing, several residents made comments related to specific elements of the amendment. These are discussed within the attached individual City Commission documents. After discussion, the Planning and Zoning Board voted unanimously (4-0, Sowards stepped down; Krall and Pike absent) to recommended the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 03-2 to the Florida Department of Community Affairs. By motion, approve on first reading, Ordinance No. 20-03, adopting Comprehensive Plan Amendment 03-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. Attachments: · Summaryof Comp Plan Amendment 03-2 · Comprehensive Plan Amendment 03-2 ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulanon Act; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 21, 2003, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to the Depamnent of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Depa~iment of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2003-2 was held on November 4, 2003, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003- 2, which is attached hereto as Exhilg~t "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depam:,ent of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commisfflon finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 20--03 PASSED AND ADOPTED in regnl~r session on second and fial reading on this the day of ., 2003. ATI'EST MAYOR City Clerk First Reading Second Readin~ 3 ORD. NO. 20-03 WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. TEXT AMENDMENTS: · Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). · Creation of Future Land Use Element Policy C-1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and OS-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. TO: THRU: FROM: SUBJECT: MEETING OF AUGUST 5, 2003 ADOPTION OF THE WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-I-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. The Plan includes specific recommendations related to the following: FLUM Amendments & Rezonings; Infrastructure Improvements; Enhanced Code Enforcement; Aesthetic Improvements/Design; Marketing; Funding; and Implementation. Additional background is provided in the attached Planning & Zoning Board staff report and a copy of the plan is included with this report for review. Redevelopment Area #2 is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). A meeting was held on June 19, 2003 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. Plannin,q and Zonin,q Board (P&Z) The Planning and Zoning Board reviewed the proposed Plan at its meeting of July 21, 2003. Several property owners in the area spoke in favor of the Plan. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 0Noehlkens and Morris absent) to recommend that the Plan be approved. By motion, approve the Wallace Drive Industrial Area Redevelopment Plan, associated with Comprehensive Plan Amendment 2003-02, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan. \\carolina\departments\planning & zoning\boards\city commission\wallace drive redevelopment plan.doc TO: THRU: FROM: SUBJECT: DAVID T. I-~,~TY~G, ER PAUL DORLING, DIRECTOI~ PLANNING AND ZONING MICHELLE HOYLAND, SEN~II~ PLANNER ~ ~L~/~ MEETING OF AUGUST 5, 2003 PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT FROM TRN (TRANSITIONAL) IN PART AND OS-C (OPEN SPACE~ CONSERVATION) IN PART TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS PER ACRE) FOR A 0.509 ACRE PARCEL LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY APPROXIMATELY 650 FEET SOUTH OF SE 10TM STREET. The subject property consists of the Corniche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the existing condominium and will install a gate house, guest parking and landscaping areas. The Future Land Use Map amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre), is part of the City's Comprehensive Plan Amendment 2003-2. A rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) is accompanying this request and will be considered by Commission when the Land Use Map Amendment returns from State Review. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. A representative for the Harborside Condominium development expressed concerns with the future boat ramp development of the FIND (Florida Inland Navigational District) parcel, however expressed no objections to this specific proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Morris absent) to recommend that the requests be approved, based on based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the proposed Future Land Use Map (FLUM) Amendment, associated with Comprehensive Plan Amendment 2003-02, from TRN (Transitional) in part, and OS-C (Open Space, Conservation) in part, to MD (Medium Density Residential 5-12 dwelling units per acre), based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21,2003 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY I~~. CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENT FOR THE WALLACE DRIVE REDEVELOPMENT AREA FROM RDA-2 (REDEVELOPMENT AREA #2) TO CMR (COMMERCE) IN PART, IND (INDUSTRIAL) IN PART~ AND CF-C (COMMUNITY FACILITIES-CHURCHES) IN PART. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two- thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The proposed Future Land Use Map amendments are required to implement the Redevelopment Plan for the area. The proposed rezonings are accompanying this request and will be considered by the Commission when the Land Use Map Amendment returns from State Review. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. Several properly owners in the area spoke in favor of the requests. One property owner expressed a concern that the development standards for the proposed Light Industrial zoning district would be too stringent on the smaller lots within the redevelopment area. Staff explained that an overlay district would be created to amend the development standards, and that this would take place concurrently with final reading of the Future Land Use Map amendment and rezoning ordinances. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 0Noehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the proposed Future Land Use Map (FLUM) Amendment, associated with Comprehensive Plan Amendment 2003-02, from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: · P & Z Staff Report of July 21, 2003 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~~f~ MEETING OF AUGUST 5, 2003 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENTS FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC TO GC (GENERAL COMMERCIAL) ASSOCIATED WITH THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8TM Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for significant redevelopment th st th st of properties along SW 5 Avenue, south of SW 1 Street, and the area west of SW 4 Avenue, north of SW 1 Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). The Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) is part of the City's Comprehensive Plan Amendment 2003-2. The rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) are accompanying the request and will be considered once the Comprehensive Plan Amendment is reviewed by the Florida Department of Community Affairs (DCA). Additional background and a detailed analysis of the FLUM amendments and rezonings are provided in the attached Planning and Zoning Board staff report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezonings. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend to the City Commission approval of the proposed FLUM Amendments from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: · Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (1.65 acres); · Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW 1,t Street (1.46 acres); · Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Street (1.34 acres); By motion, approve the proposed Future Land Use Map (FLUM) Amendments, associated with Comprehensive Plan Amendment 2003-02, from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial), based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21,2003 & Ordinance by Others CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing July 21, 2002 City Commission Transmittal Public Hearing August 5, 2003 Page 2 3 3 3 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ REDEVELOPMENT PLAN Adoption of the Wallace Drive Redevelopment Plan TEXT CHANGES - (CITY INITIATED) Policy C-1.7, Future Land Use Element (Completion of Southwest Area Neighborhood Redevelopment Plan) Policy C-2.3, Future Land Use Element (Completion of Redevelopment Plan for the Wallace Drive Industrial Area) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) Delray Harbor Club AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) Redevelopment Area #2 (Wallace Drive Industrial Area) Southwest Neighborhood Redevelopment Area CITY OF DELRAY BEACH, FLORIDA REDEVELOPMENT PLAN WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Plan establishes land use designations for the Redevelopment Area and encourages aggregation of parcels to accommodate unified development. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-31, Policy C-1.7 (Southwest Area Neighborhood Redevelopment Plan) ADD Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Comment: This Policy is being added to reflect adoption of the Southwest Area Neighborhood Redevelopment Plan and state that future development must be in accordance with the provisions of the Redevelopment Plan. 2) Location: Pg. FL-32, Policy C-2.3 (Wallace Drive Industrial Area Redevelopment Plan) Policy C-2.3 The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commeme uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. This redevelopment plan shall be prepared in FY 99~2000 and shall be adopted through a comprehensive plan amendment. [Revised by Amendment 99-1] Change: REVISION The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tanqelo Terrace on the west. The area had developed under County iurisdiction into a (2) mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encouraqes the development of light industrial, limited commercial and office uses in an urban settinq. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on November 4, 2003. ']'he Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraged throuqhout the Redevelopment Area to accommodate unified development. Comment: With the adoption of the plan information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted plan must be added. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for approximately 0.509 acres associated with Delray Harbor Club from TRN (Transitional) and OS-C (Open Space, Conservation) to MD (Medium Density Residential 5-12 Units/Acre). See Support Document #2 - Delray Harbor Club Future Land Use Map Amendment staff report. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities - Churches) in part, pursuant to a Redevelopment Plan for the area. See Support Document #3 - Redevelopment Area #2 (Wallace Drive Industrial Area) Future Land Use Map Amendment staff report. City initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 DU/AC) to GC (General Commercial) in the following areas, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: (3) * Northwest Quadrant (from 1-95 to SW 8th Avenue, between Atlantic Avenue and SW 3rd Street) - Expansion of the GC (General Commercial) designation approximately 400' from West Atlantic Avenue, between SVV 8th Avenue and SW 12th Avenue; * Frog Alley - Expansion of the GC designation to a depth of approximately 1/3 block south of SW 1st Street, on the East and West sides of SW 5~h Avenue; and, Expansion of the GC (General Commercial) designation to include the northwest corner of SW 4th Avenue and SW 1st Street. See Support Document #4 - Southwest Neighborhood Redevelopment Area Future Land Use Map Amendment staff report. s:\planning & zoning~longrange\compXamend 03-2\03-2 maindoc city commission xmit.doc (4) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Wallace Drive Industrial Area Redevelopment Plan Staff Report and draft Redevelopment Plan MEETING OF: AGENDA ITEM: JULY 21, 2003 IV.A. 1. REDEVELOPMENT PLAN FOR WALLACE DRIVE INDUSTRIAL AREA The item before the Board is that of making a recommendation to the City Commission regarding the proposed Redevelopment Plan for the Wallace Drive Industrial Area. Development within the redevelopment area began in the late 1940s when the area was located on the fringe of the City of Delray Beach, in unincorporated Palm Beach County. Residential development continued at a slow pace into the 1970s with a development pattern that was rural in nature with unpaved roads and no public utilities. In the late 1970s, industrial uses began to be developed west of this area along the Interstate 95 corridor. Automotive-related uses including repair, towing and storage facilities, along with other industrial uses in this area generated noise and commercial traffic through the residential neighborhood. This had a significant effect on the character of the area and the neighborhood declined. By the late 1980s the entire industrial area to the west had been developed. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The area east of Wallace Drive (then Germantown Road) was characterized by single family homes, a few vacant lots and an abandoned gas station site at the southeast corner of SW 10th Street and Wallace Drive. Except for a convenience store located at the southwest corner of SW 10th Street and Wallace Drive, the area west of Wallace Drive was primarily single family homes and vacant lots bordered on the west by industrial uses. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." Goal Area "C" of the Future Land Use Element represents the starting block upon which its implementation strategy has been built. It is stated as follows: Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 2 BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRA Y BEACH. The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate the existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program: Policy C-2.3: The following pertains to the Wallace Ddve Industrial Area: This area shaft be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shaft install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shaft be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. Aft commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 3 development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally annexed into the City under the Enclave Act in 1988. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. This area is currently identified as Redevelopment Area #2 in the City's Comprehensive Plan. The purpose of this Redevelopment Plan is to meet the intent in Future Land Use Element Policy C-2.3, which requires a Redevelopment Plan be developed and recommendations be included. These recommendations can be used by the City of Delray Beach to encourage new development. The Plan is divided into three sections: The Introduction describes the Study Area, a brief history of the area, and what led to the existing conditions. This section also discusses the Future Land Use Element Policy in the Comprehensive and includes the purpose of the Redevelopment Plan and a summary of the planning process that guided it. The Existing Conditions section discusses the Wallace Drive Area in terms which reflect on its marketability for business development. This includes a brief description of the existing land uses, zoning, Future Land Use, housing, ownership, and vacant land. This section also looks at the infrastructure in the Redevelopment Area, including, water, sewer, drainage, streets, sidewalks and lighting. The Redevelopment Plan section outlines the potential plan for development and redevelopment of the properties within the Redevelopment Area. The section establishes recommendations for the enhancement of the area. These recommendations work toward making the area more marketable for business development while protecting the surrounding uses from greater impacts. It is the intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. While the Wallace Drive Area has remained in its Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 4 existing state for many years, the area has always had great potential. The City of Delray Beach Planning and Zoning Department recognized the potential and assigned this area a redevelopment designation. The unique opportunity that is facing the City and this particular Redevelopment Area is that the City will most likely not need to have any major intervention. The private sector will be the driving fome behind the revitalization of the Redevelopment Area, which has already started to occur. This plan will give private property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by this plan. Recommendations for the Redevelopment Area will require the City to initiate changes to the Future Land Use Map eliminating the Redevelopment Area # 2 designation, and assign new Future Land Use Map and corresponding Zoning designations. Recommended designations are discussed below: FUTURE LAND USE MAP A Future Land Use Map Amendment will need to be processed to eliminate the Redevelopment Area #2 classification for the entire area and establish the recommended Future Land Use Map designations. This will be initiated by the City and processed as part of Comprehensive Plan Amendment 2003-2. The three recommended Future Land Use Map designations are: · CF-C - Community Facilities - Church: The Calvary Bible Missionary Baptist Church parcel, located south of SW 10th Street, between SW 8th and SW 9th Streets - approximately 4 acres. This change is required to accommodate the existing use. The property is currently zoned CF (Community Facilities), which is consistent with this designation. IND - Industrial: Orkin Pest Control, located at the northeast corner of Georgia Street and Tangelo Terrace - approximately 0.7 acres. This change is required to accommodate the existing use. The property is currently zoned I (Industrial), which is consistent with this designation. CMR - Commerce: The remainder of the Redevelopment Area on both sides of Wallace Drive - approximately 29.6 acres. This designation is required to accommodate existing non-residential uses west of Wallace Drive and proposed industrial development east of Wallace Drive. The MIC (Mixed Industrial & Commercial) zoning on most of the property west of Wallace Drive, is consistent with this designation. The remaining parcels, 36 of which are currently zoned R-1-A (Single Family Residential) and 2 of which are zoned I (Industrial), are not consistent with this designation and will be rezoned to LI (Light Industrial) and MIC (Mixed Industrial & Commercial). ZONING The properties located with in the Redevelopment Area are currently zoned MIC (Mixed Industrial & Commercial), I (Industrial) and R-1-A (Single Family Residential). The Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 5 following rezonings will be required for consistency with the Future Land Use Map designations. They will be initiated by the City and process concurrent with the FLUM amendments. Rezoning of 2 pamels from I (Industrial) to MIC (Mixed Industrial & Commemial) - located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street - approximately 0.7 acres. This change is being made to facilitate redevelopment of the existing single-family homes on these parcels. The existing sites do not meet the required minimum lot size requirement. Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) - located east of Wallace Drive - approximately 8.5 acres. This change is being made to accommodate the proposed light industrial uses for the area. Of the 36 parcels, 30 are vacant or are used for roadways or drainage retention areas. The six existing single family residences are located between Wallace Drive and SW 10th Avenue, which are City Collector roadways. Several of these residences currently contain Landscape Maintenance businesses and have a quasi-industrial character. LAND DEVELOPMENT REGULATIONS An LDR text amendment will be necessary to create an overlay district which amends the development standards for the LI zoning district within the Redevelopment Area to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to increase the front setback for properties fronting on Wallace Drive. Although aggregation of pamels is encouraged, this accommodation will be necessary to allow development on smaller parcels where aggregation is not possible. The modified development standards will be similar to those in the adjacent MIC zoning district. OTHER RECOMMENDATIONS The Plan includes many specific recommendations related to the following: · Infrastructure Improvements; · Enhanced Code Enforcement; · Aesthetic Improvements/Design; · Marketing; · Funding; and · Implementation steps A copy of the plan is included with this report for review. Redevelopment Area #2 is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). A meeting was held on June 19, 2003 Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 6 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. By motion, recommend to the City Commission adoption of the proposed Wallace Drive Redevelopment Plan. s:\planning & zoning\boards\p&z board\wallace drive redevelopment plan.doc CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Delray Harbor Club Future Land Use Map Amendment Staff Report SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3a.) Future Land Use Map Amendment From TRN (Transitional) In Part and OS-C (Open Space-Conservation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of Delray Harbor Club Condominium Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robed G. Currie Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10t~ Street. Property Size .............................. 0.509 Acres Future Land Use Map ................ TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acre) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) Proposed Zoning ........................ RM (Medium Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Medium Family Residential - Medium Density) East: CD (Conservation District) South: POD (Professional Office District) West: MH (Mobile Home) & PC Planned Commercial) Existing Land Use ...................... Vacant Proposed Land Use .................... FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. HARBOUR SIDE HARBGURS E0¢£ LIN TON BLVD. IV. A. (3a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10~h Street. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property consists of the Corniche Replat I, less and except Tract "A' and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In April of 1986, the triangular shaped parcel, was platted and titled "The Comiche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Florida Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction of a three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. In December of 1995, the same triangular shaped parcel of land was replatted by "The Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Corniche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Corniche Replat (north 24' easement). Planning and Zoning Board ,c -~ Report Delray Harbor Club - FLUM ~,~endment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 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. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the FLUM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation parcel to the east. The proposed FLUM amendment and rezoning are to enable the construction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar Planning and Zoning Board ,c ~ Report Delray Harbor Club - FLUM ~,~endment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated eadier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of residential condominium development as Delray Harbor Club and also has a MD FLUM designation. To the east of the subject property is the existing vacant FIND (Florida Inland Navigational District) property which has a FLUM designation of OS-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commerical) and further to the west across southbound Federal Highway exists the Floranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. El Consistency -- The requested designation, is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are the applicable objective is noted: Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this portion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the current POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board 5 'f Report Delray Harbor Club - FLUM ~,lendment and Rezoning Page 4 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office Complex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commercial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intensities allowed under the MD FLUM designation, which does not allow office or commercial development. Development of the property will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the property, which would generate 42 average daily vehicular trips. There is adequate capacity on Federal Highway to accommodate potential traffic generated by the proposed MD FLUM designation. There are no other concerns meeting other level of Service standards relating to drainage, water and sewer, solid waste, parks and recreation facilities, and schools. Drainage can be accommodated on site via an exfiltration system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.509 acre parcel of land will occur in accordance with the City's Land Development Regulations dudng the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board ,~ 'f Report Delray Harbor Club - FI_UM ~,,~lendment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along the east side of northbound Federal Highway between Linton Boulevard and SE 10th Street is such that properties have been primarily developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commercial shopping plaza, located at the northeast corner of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zon ng Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside Condominiums Vacant land The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. Section 2.4.5{D)(5) {Rezonin_(I Findin_cls): · Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: ae That the zoning had previously been changed, or was originally established, in error; be That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more al)l)rol)riate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattem along northbound Federal Highway has been established such that the properties along the east side of the read have been primarily developed as multiple family condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board ,~ 'f Report Delray Harbor Club - FLUM ~,nendment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection "c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Harborside Condominium · Presidents Council Osceola Park · Rio Delray Shores PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10m Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more appropriate given the existing RM zoning along the east side of S. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. A. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Planning and Zoning Board; 'f Report Delray Harbor Club - FLUM ~ nendment and Rezoning Page 7 C= Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A~1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OS~C (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) based on positive findings with respect to Future Land Use Element Policy A-1,7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner Attachments: Proposed Future Land Use Map · Zoning Map · Survey DELRA Y PLACE CONDOS ?LORANDA TRAILER PARK THE PLAZA AT DELRA Y GC S.E. 12TH RD. LIN TON WOODS BANYAN TREE LANE L~J ST. 05'4 HARBOUR SIDE DOMAINE DELRA Y HARBOURS EDGE TREE VILLAGE OLD HARBOUR PLAZA HARBOURS EDGE BANK LINTON OS -C BO LEVARD DEL N DELRAY HARBOR CLUB - FLUM AMENDMENT - FROM: TRN (TRANSITIONAL) & OS~ (OPEN TO: MD (MEDIUM DENSITY SPACE - CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) ST. S.E. lOTH DELRA Y PLACE CONDOS S R-1 FLORANDA TRAILER ' PARK H S.£. 12TH RD. LENS COVE THE PLAZA AT DELRA Y PC LIN TON WOODS B AN YAN l~EE LANE OLD HARBOUR PLAZA HARBOUR ( ~DE DOMAINE DELRAY HARBOURS EDGE ANYAN TREE ~LLAGE RM HARBOURS EDGE <~ 0 -- Z BROOKS LI'L WHITE DR. RHOOES -V1LLA LINTON BOULE ARD DEL N DELRAY HARBOR CLUB - REZONING - FROM: POD (PROFESSIONAL OFFICE TO: RM (MULTIPLE FAMILY DISTRICT) & CO (CONSERVATION DISTRICT) RESIDENTIAL - MEDIUM DENSITY) C/ll."'..` // CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Redevelopment Area #2 (Wallace Drive Industrial Area) FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10~ Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 8~ Avenue. Property Size ................................. 34.3 Acres (without fight-of-ways) Future Land Use Map .................... RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commercial), & CF - C (Community Facilities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commercial) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: East: South: West: R-I~A (Single Family Residential) & OSR (Open Space & Recreation) CF (Community Facilities) and RM (Multiple Family Residential - Medium Density) AC (Automotive Commercial) I (Industrial) Existing Land Use ......................... Commercial, Industrial, Residential, & Undeveloped Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Drive Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: r~ Area A: [] Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commerce) - includes all but two of the parcels within the redevelopment area and contains approximately 29.6 acres. FLUM amendment from RDA-2 (Redevelopment Area #2) to IND (Industrial) - I parcel located at the northeast corner of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. El Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) - 1th parcel located between SW 8th and SW 9th Avenues, south of SW 10 Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: [] Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 parcels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 9.7 acres. Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Drive, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report FLUM Amendment & Rezoning,~/or Redevelopment Area #2 Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be pdmadly industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted P & Z Board Staff Report FLUM Amendment & Rezoninb_ ~or Redevelopment Area #2 Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commercial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: r~ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Report FLUM Amendment & Rezonin~v ~or Redevelopment Area Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying Future Land Use designations of CMR (Commerce), IND (Industrial) and CF-C (Community Facilities-Churches) be applied to the area. As part of Comprehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. r~ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: P & Z Board Staff Report FLUM Amendment & Rezoni% ior Redevelopment Area #2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Drive, SW 10th Street and SW 9th Avenue. · Sewer service is available via service lateral connections to existing 8" and 10' mains along Wallace Drive, SW 10th Street and SW 9th Avenue. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: There are two storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10th Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum development potential in the R-1-A zoning district is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commerce) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commerce FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact P & Z Board Staff Report FLUM Amendment & Rezoni%~ ,or Redevelopment Area Page 6 fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Wallace Drive and SW 10th Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Drive and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the trip generation rate for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. Solid Waste: The development of single family development at the maximum intensity (5 units per acre) is 39 units. The trash generated by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. fit x 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commercial, industrial and residential uses surrounds the Wallace Drive Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealership and a 1.96 acre parcel containing a light industrial building is located to the southeast, between Wallace Drive and SW 10 Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The area to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Church and the multiple-family is located on the east side of SW 10th Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni%..or Redevelopment Area #2 Page 7 All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis"section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: · Area D: Rezoning of 2 pamels from I (Industrial) to MIC (Mixed Industrial & Commercial) These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning district and P & Z Board Staff Report FLUM Amendment & Rezoninf~ .or Redevelopment Area Page 8 they are surrounded by industrial uses. They cannot be redeveloped to moro compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 squaro feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they are being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming more compatible with adjacent development. There are no compatibility concerns with the rezoning of these properties which are surrounded by heavy industrial uses. · Area E: Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) These parcels contain two City storm water detention areas and undeveloped property. The surrounding development includes: a church (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment aroa and currently zoned MIC); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from the properties in question by existing streets, including SW 10th Avenue and SW 10th Street, which are City Collector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There are also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5(D}{5) {Rezonincl Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The proposed rezonings aro required to implement the provisions of the Wallace Drive Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning district is inappropriate and MIC (Mixed Industrial & P & Z Board Staff Report FLUM Amendment & Rezoni%_ for Redevelopment Area #2 Page 9 Commercial) is moro appropriate, based on circumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the provailing development pattern in the aroa, the proposed LI (light Industrial) zoning is moro appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings aro moro appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Three-fourths of the land aroa within the Redevelopment Aroa will retain its existing industrial zoning designations, so the curront action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under roview for any property within the rodevelopment aroa. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated earlier, the two parcels contain detached single family homes, which aro a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 squaro feet lot size roquirement. The proposed MIC district will allow the lots will be redeveloped. b. R-1-A to LL This aroa contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family rosidences will become nonconforming uses. Although the Redevelopment Plan encourages the aggrogation of parcels, accommodations will be necessary to allow development on smaller parcels where aggregation is not possible. The Redevelopment Plan recommends the croation of an overlay area within the LI (Light Industrial) zoning district which amends the development standards for the LI District to reduce the minimum development aroa, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to incroase the front setback for properties fronting on Wallace Drive. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under roview. With this amendment, there should be no problems complying with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezonir.=~ for Redevelopment Area #2 Page 10 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA · Seacrest HOA · Lake Ida HOA · Harbourside HOA · Rio Delray Shores HOA · Gateway HOA · West Side Heights HOA · Southddge HOA · Woods of Southridge HOA · Delray Beach Heights HOA · Ebony of Delray HOA · Atlantic ParkGarden HOA · Lincoln Park HOA · DelrayMerchants Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. P & Z Board Staff Report FLUM Amendment & Rezoni%~ for Redevelopment Area #2 Page 11 Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendments from RDA-2 (Redevelopment Area #2) to: · CMR (Commerce) for the pamels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B" identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within "Area C" identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D" identified in Appendix A; and R-I-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Area E" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Appendix A - Legal Descriptions prepared by: Ron Hoqqard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLATT'S ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLUM AREA B: LOTS I & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Report FLUM Amendment & Rezoninb.~ for Redevelopment Area ~2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. \\carolina\departments\planning & zoning\boards~p&z board\flum & rezoning-redevelopment~2.doc MILCRED S'PREET GC MAROONE FORD I TON c,T~ I ~.. J 1 DODGE DELRA Y BEACH MEMORIAL GARDENS OS MD SOU THRIDGE VILLAGE CONDO BOULEVARD TURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA TO BE AMENDED AS "INDUSTRIAL (I)" AREA TO BE AMENDEDAS AREATO BE AMENDEDAS"COMMERCE(CMR)' 10TH IPARK TEN 3RD ADD. POINSETTIA DRIVE GEORGIA S~EET LI AC MAROONE FORD MAROON£ NISSAN LINTON OU TBA CK CIRCUIT MAROONE DODGE ROSS OSR DELRA Y BEACH MEMORIAL GARDENS F RM THE GROVES BESTS ST. SOU THRIDGE VILLAGE CONDO BOULEVARD PLAZA LA~R'S REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES AREA CHANGING FROM (R-I~) SINGLE FAMILY RESIDENTIAL TO (LI) LIGHT iNDUSTRIAL AREA CHANGING FROM (I) INDUSTRIAL TO (MIC) MIXED INDUSTRIAL & COMMERCIAL S CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Southwest Neighborhood Redevelopment Area FLUM Amendment Staff Report SD fi4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.c.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. GENERAL DATA: Adjacent Zoning .................. North: East: South: West: Existing Land Use ........................ Owner ........................................... City Initiated Location ........................................ South of West Atlantic Avenue (and north of NW 1st Street), between SW 8"~ Avenue and SW 12~ Avenue; East and West sides of SW 5th Avenue, South of SW 1st Street; and, Northwest Corner of SW 1st Street and SW 4t~ Avenue. Property Size ................................. 4.45 Acres Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre) Proposed FLUM ............................ GC (General Commercial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commercial) GC (General Commercial) MD (Medium Density Residential, 5-12 Units/Acre) MD (Medium Density Residential, 5-12 Units/Acre) MD (Medium Density Residential, 5-12 Units/Acre) Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A, ~3.c.~ Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 1 The action before the Board is that of making a recommendation to the City Commission on proposed Futura Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commemial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): n Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12~h Avenue (1.65 acres); [] Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW13` Street (1.46 acres). [] Area C: Fourteen (14) parcels located at the northwest comer of SW 4th Avenue and SW Ist Street (1.34 acres). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is ~qenerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which overlaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8t~ Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW 1s~ Street, and the area west of SW 4~h Avenue, north of SW Ist Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan Development Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest corner of SW 4th Avenue and SW 1st Street (Block 29): "An opportunity also exists for the future rezoning of the rear portion of the block on SW 4th Avenue to commercial. This small area, located between the Po/ice Station on the east side and the commercial area on the west may be better suited for commercial uses.' REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 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 FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-l.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~h Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. Concurrency -- Development at the highest intensity possible under the requested designation can meet the ~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as neighborhood oriented commercial development consistent Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenario would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the General Commemial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commercial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticitPhated rezoning of the properties at the northwest corner of SW 1st Street and SW 4 Avenue to commercial. The area at the northwest corner of SW 1st Street and SW 4th Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commercial properties which will extend 200' south of SW 1st Street have narrow depths, thus their development potential is limited. The FLUM amendment Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 5 for the properties between SW 8th Avenue and SW 12th Avenue results in "squaring-off' the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determinin.q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findin.qs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a= That the zoning had previously been changed, or was originally established, in error; bo That there has been a change in circumstances which make the current zoning inappropriate; C= That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 7 Community Redevelopment Agency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commemial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Atlantic Park Gardens · Ebonyof Delray · Lincoln Park Delray Merchants Association · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. Continue with direction. Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject parcels, based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to Planning and zoning Board Staff report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: r~ Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (1.65 acres); Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW 1s~ Street (1.46 acres); Area C: FoUrteen (14) parcels located at the northwest corner of SW 4th Avenue and SW Ist Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Future Land Use Map Amendments · Proposed Rezonings z~i 0 ~ ~ ~ 'SAY ~ HlOl 'l's N ~a } r~ L~ 0 I.- o~ MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Directo {,//' ~:::)~ Kendra W. Graham, Community Development Administrator July 31, 2003 Community Development Block Grant (CDBG) Annual Action Plan (FY 2003 - 2004) ITEM BEFORE THE COMMISSION This item is before the City Commission for Public Hearing and approval of the Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan submission requirements. HUD requires that each municipality and urban county submit a consolidated plan each fiscal year. CFR Part 91 requires the City of Delray Beach to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income persons. The City's plan to address these issues must be identified in a one plan document that identifies these goals for all the community planning and development programs, as well as housing programs. The City of Delray Beach's local plan (referred to as "Consolidated Plan") will serve as a planning document, a strategy to be followed in carrying out HUD programs, and documenting the community vision. The attached Action Plan provides a description of the City's plan to utilize CDBG funding for activities and programs consistent with the Priority Needs delineated in the Five Year Consolidated Plan. RECOMMENDATION Staff is recommending approval of the Annual Action Plan required by HUD to address the needs identified by the Target Area residents. DELRAY BEACH F L O R I D A AII-AmericaCity 1 993 2001 Annual Action Plan 2o03 - 20o4 .~eff Perlman, Mayor 3on Levinson, Vice-Mayor Patricia Archer, Deputy Vice Mayor Bob Costin, Commissioner Alberta Perry McCarthy, Commissioner David T. Harden, Oty Manager City of Delray Beach Community Development Division :L00 NW 1~ Avenue Delray Beach, Florida 33444 (561) 243-7280 Lula Butler, Community :improvement Director Kendra Graham, Community Development Administrator Debra Garcia, Community Development Specialist Dennis Thompson, Housing Rehabilitation Specialist Steven Lee, Housing Rehabilitation ]Inspector Winston Hudson, Neighborhood Program Specialist Ferline Francois, Staff Assistant ~T TABLE OF CONTENTS CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN 2003-2004 Annual Action Plan Executive Summary I. Introduction 2 I1. Citizen Participation 2-3 II1. Federal Resources 4 IV. Other Available Resources 4 V. Activities to be Undertaken 4-6 B. C. D. E. F. G. Housing Rehabilitation Housing Emergency Repair Program Program Administration Demolition Public Facilities and Improvements Economic Development Public Services VI. Geographic Distribution 6-7 VII. Homeless and Other Special Needs Activities 7 VIII. Other Actions Undertaken 7-9 B. C. D. E. Address Obstacles to Meeting Under Served Needs Foster and Maintain Affordable Housing Remove Barriers to Affordable Housing Evaluate and Reduce Lead-Based Paint Hazards Reduce the Number of Poverty Level Families IX. Public Housing and Resident Initiatives 9-10 B. C. D. Family Self-Sufficiency Program Residents' Association Carver Estates Youth Program City of Delray Beach/DBHA Partnership Initiatives X. Certifications 11-17 XI. Monitoring 18 Appendix Map Indicating CDBG Target Area Boundaries Copy of Needs Assessment Meeting Advertisement List of Attendees and Advertisement of Notice of Availability of Action Plan Listing of Proposed Projects Funding Sources Application for Federal Funding Assistance (SF 424) CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN FY 2003- 2004 (October 1, 2003 - September 30, 2004) EXECUTIVE SUMMARY The City of Delray Beach's Community Development Division operates under the auspices of the Community Improvement Department. in addition to the Community Development Block Grant (CDBG) Program the City receives various additional funding soumes aimed at enhancing our community and strengthening our neighborhoods. During the 2003 - 2004 Program Year it is anticipated that the following resources (totaling $1,596,899) will be made available for various planned community development initiatives and programs: Key Sources Amount Program/source AgenCy $715,000 CDBG HUD $469,262 SHIP State of Florida $150,000 UDAG Repayment . City of Delray Beach $162,637 ADM State of Florida $100,000 CRA Delray Beach CRA $'1,596,899 Total ~Locations Activities and programs funded via the above sources focus on the area identified as the City of Delray Beach's CDBG Target Area/Neighborhood Revitalization Strategy Area (NRSA), (Lake ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West). First-time homebuyer program initiatives are provided on a citywide basis; however, priority consideration is given to infill housing efforts within the CDBG Target Area as well. Lead A,qency The City of Delray Beach is the lead agency for all funded activities and grant sources received. Housin.cl Goals Utilizing the combined resources described above, the City plans to accomplish approximately eight (8) emergency housing repairs, sixteen (16) substantial and minor housing rehabilitation activities, and provide at least twelve (12) new homeownership opportunities under our first-time homebuyer program during this program year. All such activities will serve to directly benefit very-low, Iow-and moderate- income families and households. I. INTRODUCTION The 1993 and 2001 Ali-America City of Delray Beach is entering into its fourth year of a Five-Year Consolidated Plan. The Plan is a result of the City's strategic planning process--a dynamic and ongoing process that makes use of the talents of hundreds of area residents, business owners, elected officials and agency representatives. Through this process, the City has been successful in bringing the diverse elements of the community together and forging a shared vision of the future and an action plan to achieve that vision. While the impending program year presents exciting challenges for the City, the 2003-04 Annual Action Plan reflects the City's continuing commitment to dedicating local resources and leveraging various funding sources in an effort to address identified community development needs. As in the past, the City plans to utilize all program funding for activities and programs consistent with Priority Needs delineated in the Five-Year Consolidated Plan and the statutory requirements to provide decent housing, suitable living environments and expanded economic opportunities, particularly for those with Iow and moderate-incomes. This year's plan'ned useof CDBG funds focuses on the continued preservation and expansion of the City's affordable housing inventory, provision of subsidized child care services and programs for the children of Iow-income families, infrastructure improvements, economic development, drug sales eradication and crime prevention, parks and recreational facilities improvements in the CDBG Target Area, homeless prevention initiatives, and promotion of fair housing education and enforcement. II. SUMMARY OF CITIZEN PARTICIPATION INITIATIVES The City of Delray Beach makes a concerted effort each year to involve all interested citizens, organizations, homeowner's associations and other interested persons in our Consolidated Planning process. The City's Annual Needs Assessment Meeting was held June 12, 2003 at 6:30 p.m. at Pompey Park, a local community/recreational facility located within the NW section of the City (within the CDBG Target Area). A listing of attendees is included in the appendix to this document. 2 Residents, citizens, applicant organizations and our network of Homeowners Associations were informed of the meeting through advertisement in a local newspaper of general circulation, individual letters, letters to HOA representatives and the City's Renaissance Housing Program partners, and announcements at various events and meetings throughout the City. At the meeting, City staff presented information about the planning process, described the federal funds expected to be available, described our proposed priorities for the coming year, and encouraged attendees to make comments about perceived community development needs for the upcoming year. The City also introduced representatives of applicant organizations. Staff received two comments - a summary of each as well as the response is as follows: Citizen Comment: Virginia Snyder, a member of the Board of Directors for the Milagro Center, wondered why the Milagro Center's request for funding was denied. Response.: Per Federal Regulations, only 15% of the total CDBG annual allocation is allowed for funding Public Service activities. As the City received requests totaling far in excess of the 15% allowed, a thorough review of each application was undertaken and recommendations made accordingly. Citizen Comment: Mike Cruz, President of the Lake Ida Homeowners Association, asked what resources were available to his neighborhood for improvements to Lake Ida Park which is located in his community, but is not within the established CDBG Target Area. Response: Mr. Cruz was told that he could make a request to the City Commission. Mayor Perlman was in attendance at the meeting and spoke with Mr. Cruz after the meeting. The draft plan was made available for review and comment (during the 30-day comment period) at the City of Delray Beach's Community Development Division, Delray Beach Housing Authority and the Municipal Library. The City published a notice in a local newspaper of general circulation, containing the information on the date/location of the public hearing, locations where the draft would be available for review, the deadline for accepting comments on the draft, addresses and telephone numbers of staff members who could be contacted with comments, and a summary of the contents of the Annual Action Plan. The Delray Beach City Commission held a formal Public Hearing on August 5, 2003, for final comments/input and formal approval of the Annual Consolidated Action Plan. Ill. FEDERAL RESOURCES The City receives an entitlement grant from HUD under the CDBG Program. During the 2003-2004 Plan Year, the City expects to receive $715,000 in entitlement funds. These funds are used for housing programs administered directly by the City's Community Improvement Department and to carry out non- housing community development activities of the Department. The actual programs, activities and initiatives to be funded under the formula entitlement are described in Section V of this document. No other federal resources are expected to be received during the upcoming program year. IV. OTHER AVAILABLE RESOURCES As mentioned in the Executive Summary, the City also expects to receive $469,262 in funding assistance under the State of Florida's State Housing Initiative Partnership (SHIP) Program for the 2003-2004 Program Year. The City's SHIP dollars are targeted to provide increased funding in support of our Owner-occupied Housing Rehabilitation Program and act as the primary funding source for the City's successful first-time homebuyers program. These programs provide homeownership opportunities for families and households at or below 80% of the Median Family Income (MFI) for Palm Beach County. The Delray Beach Housing Renaissance Program (local partnership) utilizes SHIP Program funds in support of new construction activities as well as the acquisition/rehabilitation of existing units. The City has also been awarded $162,637 in State (pass through)grant funds for the 2003-2004 Program Year in support of Children and Adult Substance Abuse Prevention Programming efforts The funds are provided to the City through the State of Florida Department of Children and Families, Alcbhol, Drug Abuse and Mental Health Program Office - District 9. In addition, the City also intends to provide $150,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment. The City received UDAG funds from US HUD in the amount of $3.8 million that was subsequently loaned to the developers of Auburn Trace, an affordable multi-family rental housing complex located within the CDBG Target Area (as a component of the project's financing). Funding will be used for Homeowner's Association activities and programs, exterior improvements to residential units within a specified target area, the acquisition of vacant residential parcels for conveyance to very Iow and Iow income households (for infill housing purposes), and other identified community development initiatives. V. ACTIVITIES TO BE UNDERTAKEN CDBG Program funds in the total amount of $715,000 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs. 2003-2004 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner-Occupied Housin.q Rehabilitation (HR) Pro~lram Providing for the substantial rehabilitation of approximately nine (9) owner- occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full-time positions). All program participants must be determined income-eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income-eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. Owner-Occupied Housin,q Emergency Rel3air {ER) Pro.qram Providing for the emergency repair of approximately eight (~) owner-occupied residential homes located within the identified CDBG Target Area. All program participants must be determined income-eligible in order to receive assistance. Those applicants awaiting assistance under the Housing Rehabilitation Program can receive emergency assistance if the home requires such during the waiting period. Applicants are also considered as emergency situations arise. The primary goal of this program is to enable income-eligible households to remain in their homes following the occurrence of an identified emergency situation. All ER's require verification by the Division's certified Building Inspector and approval by the Division Administrator. CDBG Pro.qram Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. This amount also includes an allocation to the Greater Fair Housing Center of the Palm Beaches, Inc., (FHC) for Fair Housing services in the amount of $3,000. These costs are subject to a statutory limitation of not more than 20% of the annual grant funds plus program income. Demolition This program utilizes funds to demolish undesirable structures to eliminate slum and blighted conditions. Other Public Facilities and Improvements (Infrastructure Improvements) Providing funds for infrastructure improvements to neighborhoods in the SW section of the City. This area is located within the established CDBG target area and is targeted for redevelopment. The selected improvements will be determined during the course of the program year. Economic Development (PBC Resource Center) The PBC Resource Center will provide technical assistance to local businesses within the targeted area. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve Iow and moderate-income persons: · Alpha-Time Children's Center Subsidized childcare services for Iow-income children (on site at the Delray Beach Housing Authority complex). Funds are provided in support of one part-time service delivery position. A total of 90 unduplicated children receive the direct benefit of this programming effort. · Community Child Care Center Funds in support of subsidized childcare services for Iow and moderate - income persons {limited clientele beneficiaries). Allocation serves to offset direct program delivery costs at the childcare center. · Villaqe Foundation d/bla MAD DADS of Greater Delra¥ Beach Drug and Crime Free Community Program goals, including neighborhood stabilization, youth development and family strengthening. Funds are provided in support of one full-time service delivery position and direct program costs. Over 300 residents receive the direct benefit of these programming efforts during the reporting period. · Urban League of Palm Beach County Funds are in support of the Urban League Palm Beach County's Comprehensive Housing Counseling Program (housing counseling and emergency intervention programs) for Iow and moderate-income persons. Allocation serves to offset costs associated with one part-time service delivery position in the Delray Beach office. · Roots Cultural Festival (Afterschool Pro.qram) Funds are in support of a non-traditional after school program for Iow to moderate income persons (limited clientele beneficiaries) aimed at giving area youth experiences in creative writing and the performing arts. Allocation serves to offset costs associated with one part-time service delivery position and direct program costs. VI. GEOGRAPHIC DISTRIBUTION All CDBG activities funded under this Plan will be concentrated within the identified CDBG Target Area/NRSA Census Tracts 65.02, 67, 68.01, and 68.02. The CDBG Target Area is identified as Lake Ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West. A location map of the Targeted Area is included in the appendix to this document. VII. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES The City of Delray Beach will continue its commitment to assist the homeless and other special needs populations and those agencies providing direct services. Under this year's CDBG allocation, funding support has been allocated to the Urban League of Palm Beach County in support of their Comprehensive Housing Counseling Program and emergency intervention programs in an effort to prevent homelessness as well as assist persons with special needs in locating and obtaining affordable housing. The City's Housing Renaissance Program (first- time homebuyer's) strives to assist those families and households that are considered to have special needs as well. The Community Development Division staff is directly involved with the Homeless Coalition of Palm Beach County, 1nc., and serves in various committee positions in an effort to address homelessness and the needs of very Iow-income persons throughout the County. The Division is also involved through membership on the Steering Committee of the Palm Beach County Affordable Housing Collaborative, VIII. OTHER ACTIONS TO BE UNDERTAKEN The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City will continue to work with the local institutional structure identified in the 5-Year Consolidated Plan (City, County, community action and social service agencies, Housing Authority, public and private non-profit organizations, etc.) to achieve coordinated and efficient provision of services. Ao Address Obstacles lo Meetinq Under Served Needs The City of Delray Beach is committed to meeting the various and diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. Our various programming efforts utilizing CDBG, SHIP, and general revenue funds allow us to impact numerous needy families and households on an annual basis. Our unique network of Homeowner's/Neighborhood Associations fosters communication throughout the City at the neighborhood and resident level. Each and every obstacle is addressed as it presents itself to the City and the Community Improvement Department. B. Foster and Maintain Affordable Housing The City will continue its commitment to the preservation of its current inventory of affordable residential housing units through the availability of several essential on-going rehabilitation programs and neighborhood beautification initiatives. Also, through our Housing Renaissance Partnership program, utilizing funds made available under the SHIP Program, we will continue to increase homeownership opportunities for first-time homebuyers. During the upcoming program year, the City anticipates an increase of approximately 12 affordable units. C. Remove Barriers to Affordable Housing During this program year (03-04), the City of Delray Beach will continue to focus attention on the delivery of housing and the Problems associated with citizen's ability to access/obtain affordable housing. The City will continue to pursue the eradication of barriers to affordable housing by following steps outlined in the Local Housing Assistance Plan (LHAP). The City is still experiencing a shortage of vacant parcels (for infill housing purposes) due to title marketability issues, which has translated into a decrease in the flow of new affordable unit construction.. Discussion is currently underway regarding the possible waiver of minimum lot size requirements in support of affordable housing unit production. This initiative is an example of one barrier the City is currently and actively attempting to address. Also, the City has awarded CDBG assistance to the Fair Housing Center of the Greater Palm Beaches, Inc. in support of Fair Housing education and enforcement. D. Evaluate and Reduce Lead-Based Paint Hazards The City continues to educate homeowners and homebuyers regarding the hazards of lead based paint. All units constructed prior to 1978 (and receiving assistance from CDBG programs) where children were present are visually inspected to determine the condition of all painted surfaces. If the surfaces show signs of chipping or peeling, the unit will be tested for lead based paint. If detected, all potential health risks associated with lead based paint are explained to the homeownedhomebuyer. Rehabilitation Program staff strongly recommends testing for elevated blood levels and treatment if necessary. The unit is then evaluated to determine the necessary measures to be taken in order to create a safe environment for the family occupying the particular unit. The City follows Interim Controls and/or Abatement of lead based paint hazards according to Title X. E. Reduce the Number of Poverty Level Families The City's holistic approach to community development provides various programming efforts and initiatives (as described throughout this document) aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. IX. PUBLIC HOUSING AND RESIDENT INITIATIVES The Delray Beach Public Housing Authority (PHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to be consistent with the goals of the Consolidated Plan. Ao Family Self-Sufficiency Program The DBHA's Family Self-Sufficiency (FSS) Program proi/ided economic support and case management to approximately 43 Section 8 and 12 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 20 families in obtaining homeownership and several families are in the process of purchasing a home. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to sources for employment, education and other services consistent with this goal. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at its monthly meetings averages 35-40 residents. Carver Estates Youth Proqram The mission of the Carver Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social programs for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP Do serves up to 50 children from grades K-12. The DBHA provides an annual contribution of $15,000 plus in-kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. City of Delray Beach/DBHA Partnership Initiatives 1. Homeownership Pro.qram The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program. Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted over 21 families with the purchase of new homes. 2. Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of security cameras at the Public Housing complex. The security cameras have been installed and are monitored daily. Future PHDEP funds will be used to fund drug prevention activities for the youth of Carver Estates. 10 X. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction cedifles that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees, for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a cdminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in wdting, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) (b) Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 12 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 contract, 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 contract, grant, loan, or cooperative agreement; 2. 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 contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and · 3. It will require that the language of paragraph 1 and 2 of this ant - obbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undedaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date City Manaqer Title ]3 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long- term community development objectives that provide decent housing, expand economic opportunities primarily for persons of iow and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit iow and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 200,~. (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of Iow and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of Iow and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not Iow-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. 14 Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically bardng entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint - Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR {}570.608; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date City Manaqer Title ]5 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbyinq Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entedng into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 'B. Druq-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address Of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Delray Beach City Hall 100 N.W. 1~t Avenue Delray Beach, Flodda 33444 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Frae Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces), l? Xl. MONITORING The City of Delray Beach will continue to monitor CDBG funded projects, activities, initiatives and subrecipients in accordance with regulations and statutes governing all such activities. The CD Division is currently revising its process for monitoring sub-recipient agencies that receive funding assistance for public service related activities. The Division is currently developing a revised and improved Audit Control System as well. Construction supervision of rehabilitation activities is conducted by certified inspection staff during the entire rehabilitation/improvement process. Sub-recipients of CDBG funding assistance enter into a written formal agreement/contract with the City of Delray Beach; this agreement was developed in accordance with governing regulations. E~L©C~ QRA~T - TAF~T COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL NEEDS ASSESSMENT The Department of Community Improvement invites all interested citizens, agencies, organizations, and homeowner's associations to attend the first of (at least) two scheduled public meetings. The purpose of this meeting is to obtain your views and in on program performance) prior to adoption of the 2003-2004 Action Plan.'The meeting will be held on Thursday, June 12, 2003 at 6:30 p.m. at the Pompey Park Recreation Center, 1101 N.W. 2nd Street...-~ This is conducted in compliance with federal regulations governing the Consolidated Planning process. Community input will be requested as to. the proposed spending plans for funds under the Community Development Block Grant ($715,000) and the State Housing Initiative Partnership ($493,772) Programs (2003-2004). All applicable input received from the public will be reviewed and considered during the development of this year's Annual Plan. If you have any questions regarding this process, the Annual Consolidated (Action) Plan, the CDBG Program, or the State Housing Initiatives Partnership (SHIP) Program, please contact Kendra W. Graham, Community Development Administrator at (561) 243-7282. Publish: Saturday, May 31, 20~)3 Boca Raton/Delray Beach News Ad # NS502422 City of Delray Beach Community Development Division Annual Needs Assessment Meeting SIGN-IN SHEET (2une ~2, 2005) il City of Delray Beach Community Development Division Annual Needs Assessment Meeting SIGN-IN SHEET (.~une 12~ 2005] -- t;l'l'~ OF DELRAY BEACH ~ C~MMUNITY DEVELOPMENT I{LOCK GRANT NOTICE OF AVAILABILITY FY 2003 CONSOLIDA;£ED ANNUALACTION PLAN FUNDING SOURCES FY 2003-2004 Entitlement Grant (includes reallocated funds) CDBG Program Costs $481,160 Administration (20% cap) $126,840 Public Service (15% cap) $107,000 ESG HOME HOPWA Total $715,000 $0 $o $o Prior Years' Program Income NOT previously programmed CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Reprogrammed Prior Years' Funds CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Total Estimated Program Income TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Total Un-Submitted Proposed Projects Total or reported $715,000 $0 $0 $715,000 $0 $712,220 $ 2,780 ~o ~ 0 0000 0 0 0 >. Z Z o ~ o ~ 0 '~] 0 m ~m ~ .= o :3: '0 "~ o ~ 0 0 03 m o '-,4 z z ('3 ..q ~ C7o Z Z '0'~ o o o C o Z Z o .1- "O "~ 0 mt- Application for u.s. Departraent of Housing OMB Approval No.2501-O017 (exp. 03/31/2005) Federal Assistance and Urban Development 2. Date Submitted 4. HUD Application Number 1. Type of Submission 08/07 / 03 D Application [] Preapplication 3. Date and Time Received by HUD 5. Existing Grant Number i ~ 6. Appticant Identification Number ?. Applicant's Legal Name 8. Organizational Unit City of Delray Beach I Community Development Division A Address (give city, county, State, and zip code) 10. Name,title,telephone number,fax number, and e-mail of the person to be A. Address: 100 IN-W 1st Avenue contacted on matters involving this application (including areacodes) B. C~ty: Delray Beach A. Name: Kendra W. Graham C. Counly: Palm Beach S. Title~ Community Development Administrator D. State: Florida C. Phone: 561-243-7280 E. Zip Code: 33444 D. Fax: 561-243-7221 E. E-mail: ~;rmhmm(~ci. delra;c-beach, fl. us 11. Employer Identification Number (FIN) or SSN 12. Type of Applicant (enter appropriate letter in box) ~ C A. State I. University or College 59-6000308 B. County J. Indian Tribe 13. Type of Application C. Municipal K. Tribally Designated Housing Entity (TDHE} --INew [] co.ti uat,on [] .enewa, [] Rev,s,on O. Tow. eh,p L. thd,v'dca' E. Interstate M. profit Organization If Revisi6n, eater appropr[ata letters in box(es) [] [] F. Intermunicipal N. Non-profit A. Increase Amount S. Decrease Amount C. Increase Duration G. Special District O. Public Housing Authority D. Decrease Duration E. Other (Specify) H. Independent School District p. Other (Specify} 4. Name of Federal Agency LI.S. Department of Housing and Urban Development 15. Catalog of Federal Domestic Assistance (CFDA) N umber 16. Descriptive Title of Applicant's Program I1 4--- 218 Community Development Block Grant Titie: CDBG Componen~ 'r'~e: 17. Areas affected by program (boroughs, cities, counties, States, indian Reservation, etc.) Delray Beach, Florida 18a. Proposed Program start date ~18b. Proposed Program end date 19a. Congresmonal Districts of Applicant ~lgb. Congressional Districts of 10/01/03 I 09/30/04 19 .)0. Estimated Funding: Applicant must complete the Funding Matrix on Page 2. ~_t. Is Applicafl_on subject to review by State Executive Order 12372 Process? A. Yes This preapptication/application was made available to the State Executive Order 12372 Process for review on: Date B. No _~ Program is not covered byE.O. 12372 Program has not been selected by State for review. 12. Is the Applicant delinquent on any Federal debt? L~J No ] Yes If'Yes," exptain below or attach an explanation. form HUD-424 (01r2D03) Previous versions of HUD-424 and 424-M are obsolete Page 1 of 2 ref. OMB Circular A-102 Funding Matrix The applicant musl provide the fundir~g ma~x shown below, listing each program for which HUD funding is being requested, and complete the certifications. Grant Program' HUD Applicant Other HUD; )that Feder~ State LocaVTdbal Other Program Total Share Match Funds Share Share Share Income CDBG $715,000 $0 $0 $0 $0 $0 $0 $0 $715,000 Grand Totals $715,000 $0 $0 $0 $0 $0 $0 $0 $715,0~ For FH~Ps, show both initiative and component Certifications I certify, to the best of my knowledge and belief, that no Federal appropriated fubes have been paid, or will be paid, by or on behalf of the apptlcant, to any person for influencing or attempting to influence an officer or employee of an 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 this Federal grant or its extension, renewal, amendment or modification. If funds other than Federal appropriated funds have ar will be paid for influencing or attempting to influence the persons listed above, I shall complete and sut:~mit Standard Form-LLL, Disclosure Form to Report Lobbying. I cer~fy that I shall require all sub awards at all tiers (including sub-grants and contracts) to similart y certify and disclose accordingly. Federally recognized Indian Tribes and tribally designated housing entitles (TDHEs) established by Federally-recognized indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Ame~dment~ but State-recognized Indian tribes and TDHEs established under State law are not excluded from the statute's coverage. This application incorporates the Assurances and Certifications (HUD-424B) attached to this application or renews and incorporates for the funding you are seeking the Assurances and Ce~§catlons currently on rite with HUD. To the best of my knowledge and belief, all information in this application is true and correct and constitutes material representation of fact upon which HUE) may rely in awarding the agreement. 23. Signature of Authorized Official ~Name (printed) ~David T. Harden Title IDate (mm/ed/yyyy) City Manager form HUD-424 (01/2003) Previous versions of HUD-~24 and 424-M are obsolete. Page 2 of 2 ref. OMB Circular A-102 AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda __ Consent Agenda Date: July 31, 2003 When: August 5, 2003 Description of item: City Commission approval of the Annual Action Plan required by the United States Housing & Urban Development (HUD) Agency for utilization of grant funds. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: Yes/No Recommendation: Staff recommends approval of the Annual Action Plan required by HUD to address the needs identified by the Target Area residents. CDBG Total: Account Number: Department Head Signature: ~/~ City Attorney Review/Recommendation (if applicable):_ Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: .(if applicable) City Manager Review: ~f~ Approved for Agenda: ~/g/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved TO: THROUGH: FROM: ~ SUBJECT: , CITY COMM SS!ON DOCUMENTATION DAV, D . PAUL DORLING, DIRECTOR OF~I~ANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF AUGUST 5, 2003 REQUEST FOR AN ORDINANCE TO ESTABLISH AN INDIVIDUAL HISTORIC DESIGNATION FOR THE PROPERTY AT 106 NE 12m STREET INCLUDING THE WEST HALF OF LOT 7~ AND ALL OF LOTS 8 & 9. BLOCK 6. LOCATED BETWEEN NORTH SWINTON AVENUE AND NE 2"[: AVENUE ON THE SOUTH SIDE OF NE 12I' STREET. The proposed designation consists of the west half of Lot 7 and all of Lots 8 and 9, Block 6, Dell Park subdivision. Constructed in 1949, the extant dwelling lies on Lots 7 & 8. Lot 9 is presently vacant. This Masonry Vernacular style, single family home has been significantly altered over the years and does not qualify for designation. The applicant wishes to relocate an existing Sears & Roebuck kit house from its present location at 1125 Vista Del Mar to the vacant portion of this site (Lot 9), due to a threat of demolition. If relocated, the house would be moved just to the north of the Del-ida Park Historic District. Constructed in 1937, the two-story, four bay, frame house displays wood shiplap siding, casement windows, a front-facing gable entryway, and side- facing gable roof with two symmetrical, gabled dormers. A chimney lies to the west of the canter of the building, asymmetrical to the entryway. The fa(~ede is symmetrical with the exception of the one-story extension on the east elevation (a later addition). As the residence is architecturally unique in its own right and is not contiguous to one of the five established historic districts, it would be a good addition to the Local Register as an individually listed property. During its meeting on July 16, 2003, the Historic Preservation Board reviewed the designation report for the dwelling during a public hearing and voted unanimously (7-0) to recommend to the City Commission designating the single family dwelling as an individually listed property in the Delray Beach Local Register of Historic Places. The residence at 1125 Vista Del Mar Drive (soon to be relocated to 102 NE 12th Street), constructed in 1937 as a single-family residence, is being considered for listing in the Local Register of Historic Places under the criteria in LDR Section 4.5.1(B)(3)(a), portrays the environment in an era of history characterized by one or more distinctive architectural styles, LDR Section 4.5.1(B)(3)(b), embodies those distinguishing characteristics of an architectural sty/e, period, or method of construction, and LDR Section 4.5.1(B)(3)(c), is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder as the building is architecturally significant for its unique method of construction, its level of architectural integrity, and for its representation of architectural development in Delray Beach and South Florida in the 1930s. If approved, waivers and variances will be processed to permit the relocation of the building on the lot at 106 NE 12th Street. If the building is not relocated, the building is slated for demolition in order to accommodate new construction at 1125 Vista Del Mar Drive. If approved, the designation would not become effective until the house is relocated. A. Continue with direction. B. Approve on first reading Ordinance 25-03 to establish 106 NE 12th Street, the Amelung House, as an individually listed historic property pursuant to Section 4.5.1.(C)(6) of the Land Development Regulations and the policies of the Comprehensive Plan. C. Deny approval of Ordinance 25-03 to establish 106 NE 12th Street, the Amelung House, as an individually listed historic property, with basis stated. Attachments: Ordinance 25-03, Designation Report, Survey, & Newspaper Article ORDINANCE NO. 25-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFC.RAY BEACH, FLORIDA, DESIGNATING THE AMELUNG HOUSE, LOCATED AT 102 NE 12TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Gary Eliopoulos, as duly authorized agent, has nominated the property described herein to be designated as a local historic site; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public heating in regard to the designation of the property as a local historic site; and WHEREAS, on July 16, 2003, the Historic Board of the City of Dehay Beach recommended 7 to 0 that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Lot 9, Block 6 Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, ly'mg and be'mg in Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such derision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. ATfEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 25-03 ~AND PERB!,~ Homes ,.,..-; 82,950 See How Beautiful ma AT A ~'~V:&T PR1C~ · ~ PACKAGE WZr~ A ~GIO~ ~ON ~ ~~ t ! ~ i ~.1 homes .. offered quality good price in W~st Pahn Beactl) was able to strip tl~ Kelly ~al. -- AVA V~I ~W~cIN ,.:-.~ .,~ , ,.,_ · Steel wool in '- ' 'r ' '-' ' outside ]~pes -p events HISTORIC PRESERVATION INDIVIDUAL LISTING DESIGNATION REPORT "AMELUNG HOUSE" 1125 VISTA DEL MAR DRIVE DELRAY BEACH, FLORIDA August 2003 I. GENERAL INFORMATION II. LOCATION MAP III. DISTRICT INVENTORY IV. HISTORICAL AND CULTURAL SIGNIFICANCE V. ARCHITECTURAL SIGNIFICANCE VI. STATEMENT OF SIGNIFICANCE VII. BIBLIOGRAPHY AND RESOURCES REPORT PREPARED BY: GarY and Toni Eliopoulos 106 NE 12~ Street Delray Beach, FL 33~.'!.'!. I. GENERAL INFORMATION Present Zoning: Classification for designation: Address: 1125 Vista Del Mar Ddve, Delray Beach, FL 33483- Current 106 NE 12e Street, Delray Beach, FL 33444 ~ Proposed Legal Description: Delray Beach Esplanade West ½ of lot 2, lot 3 and South 10 feet abound Laing Street lying North of and adjacent to - Current Dell Park West ~ of lot 7 and all of lots 8 and 9, block 6- Proposed Single Family Residential (R-l-AA) Individual Listing for ^mhitectural significance ATLANTIC AVENUE THE AMELUNG HOUSE HISTORIC DESIGNATION PROPOSAL 1125 VISTA DEL MAR S N.W. 9TH N.W* G'IH ST. LAKE BUSH AMELUNG HOUSE PROPOSED RELOCATION SUBMITTAL FOR HISTORIC DESIGNATION 106 N.E. 12TH STREET SUaJECT AREA III. DISTRICT INVENTORY N/A IV. HISTORICAL AND CULTURAL SIGNIFICANCE While there have been several owners of the property, none of whom were known to make significant contributions to the development of Delray Beach, the Cape Code style residence is significant to Delray Beach in its reflection of a prominent architectural style and development pedod in the 1930s and 1940s. V. ARCHITECTURAL SIGNIFICANCE Introduction to Seara Houses In the early 20a century, from roughly 1908 to 1940, the Seare & Roebuck Co. offered approximately 450 models of kit houses through their mail order catalog. These "modem" homes were shipped to the area via rail and were assemble by the owner or local contractors. During their heyday approximately 100,000 home packages were sold nationwide. The package included the entire house complete with timber, paint, nails, hardware, and instruction booklet, each numbered for a streamlined assembly by the novice or professional. One such house made its way to Delray Beach and was constructed in 1937 at 1125 Vista Del Mar. The kit house displays a Cape Cod style charm which was a distinctive style of architecture in the 1930'3 and 1940's in Delray Beach as seen in the Nassau Park Historic District. This particular style of Sears house was known as "The Milford" model which accommodated five rooms, a bathroom, kitchen, and breakfast area. Architectural Description The 1937 two-story, four bay, frame house displays wood shiplap siding, casement windows including two gabled dormers, a front-facing gable entryway, and side-facing gable roof. A chimney lies to the west of the center of the building, asymmetrical to the entryway. The fac~.ade is symmetrical With the exception of the one-story extension on the east elevation. Renovations & Additions While the house closely resembles its original design, several additions to upgrade the floor plan have been completed since the date of construction. In the early 1940's two sun porches were added, one on the east side of the house; the other on the west. In the 1950's a bathroom was added upstairs. While these additions have altered the floor plan of the residence, the renovations have been minimal and can be considered historic in their own right as they were completed over fifty years ago. Further, the exterior of the building has been minimally altered retaining the original character of the Sears house. VI. STATEMENT OF SIGNIFICANCE The 1937, Sears Roebuck and Company mail order house known as "The Milford" style was previously owned by the Amelung Family who owned the home until 2003. The home was recently purchased and is scheduled to be demolished and replaced with a new single story contemporary style home. The applicant is proposing the relocation of the building to 106 NE 12th St;, in Dell Park, a vacant lot to the west of the extant single family home, and surrounded by four existing 1930's dwellings which all share distinct architectural characteristics of that period: Frame Vernacular, Bungalow, and Mission- Revival. All of which ara situated on 50' wide lots with single loaded driveways. Relocating the. structure to the site will not only be in keeping with the charming character of the street, it will also prevent the demolition of a significant architectural dwelling and prevent new home construction on the vacant lot on NE 12th Street, outside of the protection of a designated historic district which may or may not be in keeping with the same style of architecture from that period. Pursuant to LDR Section 4.5.1(B)(3), as stated in Section V. Architectural Significance, the building meets the cdteda of architectural significance due to its retention of original materials, its architectural integrity, age, unique arohjtectural style which was prevalent in Delray Beach in the 1930s and 1940s but rare in today's built environment, and due to the unique construction associated with a Sears mail order house. Further, designation will protect the house from imminent demolition and protect detrimental alteration of the building once relocated. VII. BIBLIOGRAPHY AND SOURCES "Delray Beach Historic Sites Survey", by John P. Johnson. Published by the Palm Beach County Preservation Board, Palm Beach County, Florida. "The House that Sears Built - A Delray Beach Family Finds Warmth and Tradition in a Sears Catalog Home", byline Ava Van de Water, Palm Beach Post February 28, 1993, Final Edition, Home and Garden Section, page 1H. Oral interview: Richard Amelung, former owner. Dorothy W. Patterson, Archivist, Delray Beach Historical Society, Delray Beach, FL. "The Houses that Sears Built", by Rosemary Thornton, Gentle Beam Publications, Alton, IL, March 2002. "Sears and Roebuck Homes 1908 to 1940, Chicago, IL', Arts and Crafts Archives, Arts and Crafts Society, 1194 Bandera Drive, Ann Arbor, MI 48103. TO: THRU: FROM: SUBJECT: DA~)~R~TY.MANAGER P,~O~R~TOR OF PLANNING & ZONING .~S~C~3TT ARONSON,' PARKING MANAGEMENT SPECIALIST MEETING OF AUGUST 5, 2003 - REGULAR AGENDA APPROVE ORDINANCE 26-03 AMENDING PORTIONS OF THE CITY CODE OF ORDINANCES CHAPTER 71, SECTION 71.030, "IMMOBILIZATION REGULATIONS" A recent inquiry from a commercial property owner initiated an evaluation of the City Code of Ordinances Chapter 71, Section 71.030. The concern was that some of the requirements of the ordinance are too restrictive making the immobilization of vehicles illegally parked on private ~)roperty unfeasible. The request was made to amend the ordinance so the property owner could have illegally parked vehicles immobilized rather than towed. Staff agrees that the immobilizing vehicle is a preferred method of enforcement over towing for the following reasons: 1. The vehicle remains in the same place it was parked by the vehicle owner, 2. Vehicle owner is not required to travel to desolate impound yards and, 3. Cost to remove immobilization device is less expensive than redemption after being towed. Staff suggests the following changes to City Code of Ordinances Chapter 71, Section 71.030: Increase the maximum fee which could be charged for the removal of the immobilization device from $25 to $50, If the property owner or Contractor is unable to accept credit cards they can invoice the vehicle owner for payment at a later date, Extend the maximum response time to remove the device from 30 to 60 minutes and, Require the warning notices affixed to the vehicle window to be in English only (the current requirement is English, Spanish and Creole). These changes shall be accomplished through the adoption of Ordinance No. 26 - 03 (attached for your review) ~EVI~ BY O~ERS At their meeting of July 10, 2003, the Development Services Management Group reviewed and supported the above modifications. By motion, approve on first reading Ordinance No. 26-03 amending City Code of Ordinances Chapter 71, Section 71.030 and set a public hearing for August 19, 2003. Attachment: / ~.=.~.~ ORDINANCE NO. 26-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF Dg.I.RAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF D~3.RAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", SUBSECTION 71.03005), "REQUIREMENTS FOR LMMOBILIZATION CONTRACTOR OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE IN THE FEES AND PAYMENT PROVISIONS AND TO CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEAI.RR CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined it to be in the public's best interest to provide for a change in the fees and payments provisions and to clarify other minor items of the ordingllce. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMlVIISSION OF THE CITY OF D~J.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, ''Parking Regulations", of the Code of Ordinances of the City of Delray Beach, is hereby mended by mending Section 71.030, "Immobilization Regulations", Subsection 05), "Requirements for Immobilization Contractor or Property Owner" to read as follows: Sec. 71.030 IMMOBIIJT.&TION REGULATIONS. 05) Rtqsdrements for lraraobi/igation Contractor or Pr0peny O~n~. A property owner or immobilization contractor, to be in compliance with the provisions of thi, Section, must comply with the following requirements: 0) Notice. Property owners ~e required to post notice ff vehicles are subject to immobilization. The notice must cl,.~*ly indicate on a sign that parking is reserved for customers only ~md ,m~uthoxized vehicles will be subject to immobilization at the owner's expense. The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immob'dization device, such fee not to exceed a maximum rate of the immobilization device, such fee not to exceed a maximum rate of ~-zz.~ £-;z fifty, dollars C$-350.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. tim& and credit cards. If the property, owner or immobilization contractor does not accept credit cards, they may requil;~ the vehicle owner sign_ an invoice for pa.vment prior to removal of the The notice shall read substantially, in not less than three (3) inches high, light reflective letters on a contra.qting background, the words "RESERVED PARKING"; in not less than one and one-half (1/2) inches high, light reflective letters on a contrasting background, the words "Customers of (insert name of facility) Only-Unauthorized Vehicles Subject to Immobilization and a Fee of ~ fifty. dollars ($-3.50.00)"; in not less than three-quarters of an inch high, light reflective letters on a contrasting background, the words "To Remove Immobilization Device Call: (insert name, ad&ess and telephone number to e~ll to request removal of the immobilization device)". Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property and v/jthin five (5) feet from the Public Right-of-Way line. The sign structure cont~inlng the Xecluired notices must be permanently installed with the bottom of the sign not less than fou~ (4) feet above ground level and must be continuously maintained on the property for not less than twenty-fou~ (24) hours prior to the immobilizing of any vehicles. The City is authorized to require permitting and inspection of these signs prior to any immobilizing of vehicles being authorized. Impeetian af Real Prqt, erzy ~,here lmmobiligatian is Uad to Enfar~ Parking Restrirtiom. The property owner sh~ll provide access to the City M~o%g~ or his designee in order to inspect the required signs on premises where immobilization is used to enforce p~rldng restrictions. N0t/fta~o# to Ola~ter. Prior to immobili~,ation, the property owner or immobilization contractor's representative sh~!! attempt to notify the owner, operator, or person legally in control of the vehicle to have that person retrieve it prompdy before the 2 ORD. NO. 26-03 vehicle is immobilized. Notification to a person within reasonable access shall be made by a verbal warning. Method oflramobi~ation. Immobilization shall be accomplished by pl~eing a steel boot or comparable immobili~*ion device to the front wheel on the driver's side of the motor vehicle. The steel boot or comparable immobilization device may be placed on any other wheel ff placement on the front wheel on the driver's side is not feasible. (s) lVaming Sign P~quire~ent. Upon immobilization, the property owner sh~l! affix a warning notice written in English~ on the driver's side window of the vehicle, indicating that the vehicle is immohilized and that any attempt to move it will cause d~m~om:, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The warning ~ shall be in a form acceptable to the City. (6) Availabi~y and Re, omc Time. The property owner or immobilization contractor shall make available on a twenty-fo~-hour, seven-days-a-week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within .t:~._~ -~ sixty. (:;fiO) minutes of a call for said service by the owner of the immobilized vehicle. Rtcord of Contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immobilization services on private real property within the City limits. The list shall be kept cu~ent and shall provide the City with: (a) The address of the real property; (b) The date of the agreement; (c) A contact name and telephone number at the premises. (8) Insurance. The property owner or immobilization contracto~ shall file with the City's Risk Manager and have in effect an insurance policy or certificates of insunmce in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all r!~,im$ of d,m~ge to property ~esulting from any action or operation in connection with the service performed, such amount not to be less thnn twenty thousand dollars ($20,000.00) for each incident. 3 ORD. NO. 26-03 Rt~nl~/~.tt~i#,~ Pag,~ff,~s. The property ownei or immobilization cont~ctor shall keep an immobilization log with information including, but not limited to, date and time the vehicle was observed illegally pazked, compliance with subsection (3) of this Section, the date and time of immobilization~ the loeation/addzess of the real property where the immobilization took place, make, model, color and license tag numbe~ of the vehicle immobilized. In addition, the immob'dization contractor shall include in the log the following release information: verifieation of vehicle ownership, the name of the person removing the steel boot or corn?ruble immob'dization device and the name of the person requesting the service, if' applicable. All files, records and logs shall be available for inspection and checking on the subject p~emises during nOrmal WOrking houm by the City Man%~er or his designee. 0o) V.t~'cs ~ C0a~tct. The p~operty owner and immobilization contractor sh~ll conduct theiz business in an orderly, ethical and business-like manner at all times, and sh~ll use every means to obtain and keep the confidence of the motoring public. All public contact shall be courteous. Section 2. That should any section or provision of this ordinance or any portion thereof, any pazagraph, sentence, or word be decl~ed by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or pan thereof other than the part deehred to be invslid. Section 3. That all ordinances or parts of o~dinances in conflict herewith be, and the same axe hereby ~epesled. Section 4. That this o~llnance shall become effective immediately upon its passage on second and final re,ding. PASSED AND ADOPTED in xv. guhr session on second and f:mal reading on this the day of ,2003. MAYOR City Clerk First Reading Second ReadinE 4 ORD. NO. 26-03