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05-20-08 Agenda Reg
ëØÖÈÑÜË úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ëèñøê ÷îë íèûñôú íüëéôúôíüéôîï éÈØÊÙÜÄ ðÜÄ íèûñôú úîððøïé éÕØ ÍÈÛÑÔÚ ÔÊ ØÏÚÎÈËÜÖØÙ ÉÎ Î××ØË ÚÎÐÐØÏÉÊ ÆÔÉÕ ÉÕØ ÎËÙØË ëØÖÈÑÜË Î× ÍËØÊØÏÉÜÉÔÎÏ ÛØÔÏÖ ÜÊ ×ÎÑÑÎÆÊ úÔÉÄ êÉÜ×× ÍÈÛÑÔÚ ÚÎÐÐØÏÉÊ úÎÐÐÔÊÊÔÎÏ ÙÔÊÚÈÊÊÔÎÏ ðØØÉÔÏÖ ÜÏÙ Î××ÔÚÔÜÑ ÜÚÉÔÎÏ úÔÉÄ úÎÐÐÔÊÊÔÎÏ ÐØØÉÔÏÖÊ ÜËØ ÛÈÊÔÏØÊÊ ÐØØÉÔÏÖÊ ÜÏÙ ÉÕØ ËÔÖÕÉ ÉÎ ÍÐ öØÏØËÜÑÑÄ ËØÐÜËÒÊ ÛÄ ÜÏ ÔÏÙÔÇÔÙÈÜÑ ÆÔÑÑ ÑÔÐÔÉ ÙÔÊÚÈÊÊÔÎÏ ËØÊÉÊ ÆÔÉÕ ÉÕØ úÎÐÐÔÊÊÔÎÏ íÈÛÑÔÚ ÛØ ÑÔÐÔÉØÙ ÉÎ ÉÕËØØ ÐÔÏÈÉØÊ ÎË ÑØÊÊ éÕØ ðÜÄÎË ÎË ÍËØÊÔÙÔÏÖ Î××ÔÚØË ÕÜÊ ÙÔÊÚËØÉÔÎÏ ÉÎ õØÜËÔÏÖÊ ÜÙÓÈÊÉ ÉÕØ ÜÐÎÈÏÉ Î× ÉÔÐØ ÜÑÑÎÚÜÉØÙ ÍÐ ùØÑËÜÄ ûØÜÚÕ úÔÉÄ õÜÑÑ ü íÈÛÑÔÚ õØÜËÔÏÖÊ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÊÍØÜÒ ÎÏ ÔÉØÐÊ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ û úÎÐÐØÏÉÊ ÜÏÙ ôÏÌÈÔËÔØÊ ÎÏ ïÎÏüÖØÏÙÜ ôÉØÐÊ ×ËÎÐ ÉÕØ íÈÛÑÔÚ üÏÄ ÚÔÉÔÃØÏ ÔÊ ØÏÉÔÉÑØÙ ÉÎ ÛØ ÕØÜËÙ ÚÎÏÚØËÏÔÏÖ ÜÏÄ ÐÜÉÉØË ÆÔÉÕÔÏ ÉÕØ ÊÚÎÍØ Î× ÓÈËÔÊÙÔÚÉÔÎÏ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ÈÏÙØË ÉÕÔÊ ÊØÚÉÔÎÏ éÕØ úÎÐÐÔÊÊÔÎÏ ÐÜÄ ÆÔÉÕÕÎÑÙ ÚÎÐÐØÏÉ ÎË ÙÔËØÚÉ ÉÕØ úÔÉÄ ðÜÏÜÖØË ÉÎ ÉÜÒØ ÜÚÉÔÎÏ ÎÏ ËØÌÈØÊÉÊ ÎË ÚÎÐÐØÏÉÊ ú ëØÖÈÑÜË üÖØÏÙÜ ÜÏÙ ÷ÔËÊÉ ëØÜÙÔÏÖ ôÉØÐÊ íÈÛÑÔÚ ÔÏÍÈÉ ÎÏ ÜÖØÏÙÜØÙ ÔÉØÐÊ ÎÉÕØË ÉÕÜÏ ÉÕÎÊØ ÉÕÜÉ ÜËØ ÊÍØÚÔ×ÔÚÜÑÑÄ ÊØÉ ×ÎË Ü ×ÎËÐÜÑ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÊÕÜÑÑ ÛØ ÜÑÑÎÆØÙ ÆÕØÏ ÜÖËØØÙ ÛÄ ÚÎÏÊØÏÊÈÊ Î× ÉÕØ úÔÉÄ úÎÐÐÔÊÊÔÎÏ êôöï ôï êõøøé íËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ úÎÐÐÔÊÊÔÎÏ ðØØÉÔÏÖ ÔÏÙÔÇÔÙÈÜÑÊ ÆÔÊÕÔÏÖ ÉÎ ÜÙÙËØÊÊ ÍÈÛÑÔÚ ÕØÜËÔÏÖ ÎË ÏÎÏÜÖØÏÙÜØÙ ÔÉØÐÊ ÊÕÎÈÑÙ ÊÔÖÏ ÔÏ ÎÏ ÉÕØ ÊÕØØÉ ÑÎÚÜÉØÙ ÎÏ ÉÕØ ËÔÖÕÉ ÊÔÙØ Î× ÉÕØ ÙÜÔÊ ô× ÄÎÈ ÜËØ ÏÎÉ ÜÛÑØ ÉÎ ÙÎ ÊÎ ÍËÔÎË ÉÎ ÉÕØ ÊÉÜËÉ Î× ÉÕØ ÐØØÉÔÏÖ ÄÎÈ ÐÜÄ ÊÉÔÑÑ ÜÙÙËØÊÊ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÎÏ ÜÏ ÜÍÍËÎÍËÔÜÉØ ÔÉØÐ éÕØ ÍËÔÐÜËÄ ÍÈËÍÎÊØ Î× ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ ÔÊ ÉÎ ÜÊÊÔÊÉ ÊÉÜ×× ÆÔÉÕ ËØÚÎËÙ ÒØØÍÔÏÖ éÕØËØ×ÎËØ ÆÕØÏ ÄÎÈ ÚÎÐØ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÉÎ ÊÍØÜÒ ÍÑØÜÊØ ÚÎÐÍÑØÉØ ÉÕØ ÊÔÖÏÔÏ ÊÕØØÉ Ô× ÄÎÈ ÕÜÇØ ÏÎÉ ÜÑËØÜÙÄ ÙÎÏØ ÊÎ üùùëøêêôïö éõø úîððôêêôîï üÉ ÉÕØ ÜÍÍËÎÍËÔÜÉØ ÉÔÐØ ÍÑØÜÊØ ÊÉØÍ ÈÍ ÉÎ ÉÕØ ÍÎÙÔÈÐ ÜÏÙ ÊÉÜÉØ ÄÎÈË ÏÜÐØ ÜÏÙ ÜÙÙËØÊÊ ×ÎË ÉÕØ ËØÚÎËÙ üÑÑ ÚÎÐÐØÏÉÊ ÐÈÊÉ ÛØ ÜÙÙËØÊÊØÙ ÉÎ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÜÊ Ü ÛÎÙÄ ÜÏÙ ÏÎÉ ÉÎ ÔÏÙÔÇÔÙÈÜÑÊ üÏÄ ÍØËÊÎÏ ÐÜÒÔÏÖ ÔÐÍØËÉÔÏØÏÉ ÎË ÊÑÜÏÙØËÎÈÊ ËØÐÜËÒÊ ÎË ÆÕÎ ÛØÚÎÐØÊ ÛÎÔÊÉØËÎÈÊ ÆÕÔÑØ ÜÙÙËØÊÊÔÏÖ ÉÕØ úÎÐÐÔÊÊÔÎÏ ÊÕÜÑÑ ÛØ ÛÜËËØÙ ÛÄ ÉÕØ 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AUTHORIZATION TO PARTICIPATE IN A CLASS ACTION LAWSUIT/FIRM SOLUTIONS v. LYON FINANCIAL SERVICES, INC.: Consider a request for authorization to participate in a Class Action Lawsuit entitled, Firm Solutions v. Lyon Financial Services, Inc. E. SETTLEMENT OFFER IN TIMOTHY CULHANE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,922.00 in Timothy Culhane v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. F. SETTLEMENT OFFER IN ANDREW BOIS v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $30,200.00 in the matter of Andrew C. Bois v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. G. APPOINTMENT TO THE BOARD OF AD.TUSTMENT: Appoint one ~) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation svstem, the appointment will be made by Mayor Ellis (Seat #5). H. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITEE:Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two ~) vear term ending May 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety, Chapter 57, "Right-of-Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of-way for the provision of communications service. (REQUEST POSTPONEMENT TO .TUNE 3, 2008 DUE TO NEED FOR FURTHER ADVERTISING) B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance, City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. (REQUESTPOSTPONEMENT TO .TUNE 3, 2008 DUE TO NEED FOR FURTHER ADVERTISING) C. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes the Text Amendment and Future Land Use Map Amendment. (THIS ORDINANCE IS REQUESTED TO BE POSTPONED TO COME BACK AS A PUBLIC HEARING ON .TUNE 17, 2008) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquires. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MAY 6, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Brenda Montague in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 6, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Vice-Mayor Brenda Montague Absent - Mayor Rita Ellis Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Lanelda Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Reverend Sharon Austin with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Vice-Mayor Montague stated there is a revised title to Item 8.J., Bid Award/Stuart and Shelby Development-Gulfstream Roofing/135 N.W. 5t'' Avenue. She noted that there is additional information for Item 9.C., Conditional Use Extension Reguest/Village PARC. Mr. Eliopoulos requested that Item 8.F., Service Authorization No. 07- O1/Mock, Roos & Associates of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Attorney stated there is a request for postponement for Item 10.A., Ordinance No. 17-08 to a date certain of May 20, 2008 and Item 10.B., Ordinance No. 31-07 to a date certain of June 3, 2008. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 05/06/08 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 15, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ and commending Melissa Backus - Administration/Recreation Division -Parks and Recreation Department Employee of the Year for 2007; Luigi Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division as Parks and Recreation Top Employees of the Year for 2007 Vice-Mayor Montague read and presented a proclamation hereby recognizing and commending Melissa Backus as recipient of the Parks and Recreation Department Employee of the Year Award for 2007; Luigi Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division as Parks and Recreation Top Employees of the Year for 2007. Melissa Backus, Luigi Pratt and Dexter Hazel came forward to accept their proclamations. 6.B. Recognizing Delray Intracoastal Cruise Tours - Joe & Kerry Reardon Vice-Mayor Montague read and presented a proclamation hereby recognizing and commending Joe and Kerry Reardon for their dedication and service to the community of Delray Beach, Florida. Joe and Kerry Reardon came forward to accept the proclamation. 6.C. Emergency Medical Services Week -Mav 18-24, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming the week of May 18, 2008 through May 24, 2008 as Emergency Medical Services Week in Delray Beach, Florida. Chief David James and Chief Danielle Connor came forward to accept the proclamation. 6.D. Therapy Dog Awareness Day -Mav 10, 2008 Vice-Mayor Montague noted that a proclamation hereby proclaiming May 10, 2008 as Therapy Dog Awareness Day in the City of Delray Beach, Florida will be mailed. -2- 05/06/08 6.E. P.A.N.D.O.R.A.'s Neuroendocrineimmune Disorders Awareness Day - May 12, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming May 12, 2008 as "P.A.N.D.O.R.A.'s Neuroendocrineimmune Disorders Awareness Day" in the City of Delray Beach, Florida. Sheila DeRuzza came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Employee Awards Presentation Alberta Gaum, Parks and Recreation, presented Samantha Roland with the first quarterly S.P.LR.LT. Award for the first quarter of 2008. Samantha is the Recreation Supervisor at the Catherine Strong Splash Park and is also a friend, coach, mentor, teacher, and playmate to most of the children in the area as well as to the children enrolled in her program. Samantha started working with the City of Delray Beach two years ago and immediately became involved with the community by helping with homework, coaching tennis, and as an instructor for the Start Smart soccer, basketball and football programs which involves both parents and children. Samantha is always positive and is not afraid of challenges or extra work, interacts with all ages, and treats everyone with respect and compassion. In addition, Samantha speaks Spanish fluently. Jeff Miller, Police Department, presented Steven Swanson with the second quarterly S.P.I.R.I.T. Award for the first quarter of 2008. During the month of February a new officer was scheduled to go to night shift for Phase III of training. The day she was to be transferred the field training officer she was assigned to resigned from the program. At this point, there were no nighttime trainers available and the new recruit had not trained on the night shift during this phase of training. The recruit also needed special attention in various areas. Sergeant Sanders approached Officer Steve Swanson and asked if he would be willing to be switched from his normal day shift hours to a temporary night shift to train. Officer Swanson contacted Sergeant Sanders within 15 minutes and stated he would do it. Dot Bast, Human Resources, presented Melissa Backus with the third quarterly S.P.I.R.I.T. Award for the first quarter of 2008. Melissa is a Recreation Supervisor at Veteran's Park and in addition to doing her own work for her co-workers' maternity leave she did most of another j ob without compensation. Vice-Mayor Montague congratulated all of the S.P.LR.LT. Award recipients and stated the Commission is very proud of everyone. 7.B. Special Recognition Award -Level 5 Fitness and Conditioning Vice-Mayor Montague read into the record a Special Recognition Award for Level 5 Fitness and Conditioning. -3- 05/06/08 Dot Bast, Human Resources Consultant/Human Development, stated it is her pleasure to thank Level 5 Fitness and Conditioning and noted the Director of Operations and a personal trainer gave willingly of their own time and talent to help the City of Delray Beach with its first ever 12 week fitness challenge. She also recognized the owner of the gym on South Federal Highway in Delray Beach donated temporary memberships and made a generous offer for employees to join the gym. 7.C. Special Recognition Award -Dot Bast On behalf of the City Commission, Vice-Mayor Montague presented a Special Recognition Award to Dot Bast for her hard work and dedicated effort in spearheading the First City of Delray Beach Fitness Challenge. Dot Bast, Human Resources Consultant/Human Development, came forward to accept the award and stated this was a team effort and noted a committee was formed called the "The Bod Squad" which helped tremendously. Mike Wise, Fire-Rescue Department, stated he was involved in the Bod Squad and noted that Dot Bast deserves much credit for all her effort and work involved in this incredibly successful endeavor. Mr. Wise stated 140 City employees out of an 800 member workforce participated in this and 67 completed the entire 12 week program. He stated Dot's enthusiasm and passion for this is genuine and that is the true reason why this was such a success. 7.D. Historic Preservation Board Awards Recognition Toni Del Fiandra, Chairperson of the Historic Preservation Board (HPB), 14 Dixie Boulevard (Del-Ida Park Historic District), presented the 2008 Award recipients of the 3r Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board within the last year. Ms. Del Fiandra recognized the following Historic Preservation Board members: Linda Lake (Vice-Chair), Roger Cope (Second Vice-Chair), Jan Kucera-Winney, JoAnn Peart, Rhonda Sexton, and Keith Snider. Ms. Del Fiandra also thanked the City Attorney's office and other City departments who give them their support and reports. Exterior Alterations -Residential 220 North Swinton Avenue, Old School Square Historic District Francis & Elizabeth Rozzo, Property Owners 14 Dixie Boulevard, Del-Ida Park Historic District Toni Del Fiandra, Property Owner Renovation/ Rehabilitation and Adaptive Reuse -Non-Residential 140 NW 4t'' Avenue, West Settlers Historic District Delray Beach CRA, Property Owner -4- 05/06/08 Currie, Sowards, Aguila Architects, Architect Dave Bodker Landscape Planning, Landscape Design SIGNAGE 203 NE 1st Avenue, Old School Square Historic District Representative Maria Lorts Sachs, Sign Owner Sign A Rama/Nlike Sneiderman, Sign Designer PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION 515 North Swinton Avenue, Del-Ida Park Historic District James and Sandee Howley Property Owners Roger Cope, Architect GLM Remodeling and Building, General Contractor Delray Garden Center, Landscaping 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 17, 2008. 8.B. REQUEST FOR SIDEWALK DEFERRAL/501 PALM TRAIL: Approve a request to defer the installation of a sidewalk for 501 Palm Trail. 8.C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/SEACREST SOCCER COMPLEX: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transformer for the Seacrest Soccer Complex. 8.D. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/FIRE STATION NO. 4: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transformer for Fire Station No. 4. 8.E. HOLD HARMLESS AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC/HISTORIC DEPOT SQUARE: Approve and authorize a Hold Harmless Agreement between the City and Depot Industrial Center, LLC., for work to be performed within the State right-of--way. 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGNEDA AS ITEM 9.A.A. 8.G. RESOLUTION NO. 14-08/REIMBURSEMENT RESOLUTION: Approve and adopt Resolution No. 14-08 which allows the City to be reimbursed from future borrowing for expenses relative to parking meter equipment. -5- 05/06/08 8.H. SPECIAL EVENT REQUEST/2008 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2008 Exclusive Sports Marketing Volleyball Tournaments to be held at the municipal beach on May 17 to May 18, 2008 and July 19 to July 20, 2008. 8.I. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 N.W. 5t''AVENUE: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for construction/renovations to 135 N.W. 5th Avenue. 8.J. BID AWARD/STUART AND SHELBY DEVELOPMENT/135 N.W. AVENUE: Approve a bid award to Stuart and Shelby Development in the amount of $610,723.00 for the rehabilitation of 135 N.W. 5th Avenue contingent upon approval by the Community Redevelopment Agency (CRA). 8.K PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL (CSCIBEACON CENTER AT VILLAGE ACADEMY: Authorize staff to submit the proposed budget funding request for Fiscal Year 2008/2009 to the Children's Service Council of Palm Beach County in the amount of $807,460.00 for the program and services associated with the Beacon Center at Village Academy. 8.L. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request for the Art and Jazz on the Avenue to be held on June 26, 2008, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2"d Avenue, SE 3ra Avenue, NE/SE 4th Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up; contingent upon receipt of a hold harmless agreement. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 14, 2008 through May 2, 2008. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ron Bell Roofing, Inc. in the amount of $37,200.00 for the re-roofing of Fire Station No. 3. Funding is available from 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station). -6- 05/06/08 2. Bid award to Ron Bell Roofing, Inc. in the amount of $95,900.00 for the re-roofing of the former engineering office space. Funding is available from 442-5178-536-62-10 (Water & Sewer Renewal & Replacement FundBuildings). 3. Rescind contract award to APC Systems in the amount of $302,610.00 and award contract to North Star Technical Services, Inc. in the amount of $227,500.00 for the purchase and installation of specialty equipment for the new Information Technology (IT) Building under Florida State Contract #250-000-03-1. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). 4. Purchase award to AT&T Business, in the amount of $50,515.29 for software/hardware upgrades to the Nortel Option llC PBX System located in both the Police Department and City Hall. Funding is available from 001-1802-512-66.10 (General FundBooks & Publication/Software), 001-1802-512-64.11 (General Fund/Machinery & Equipment/Computer Equipment), 001-2111-521-66.10 (General Fund/PoliceBooks & Publication/Software) and 001-2111-521-64.11 (General Fund/Police/Machinery & Equipment/Computer Equipment). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 07-01/MOCK, ROOS & ASSOCIATES: Approve Service Authorization No. 07-01 to Mock, Roos & Associates in the amount of $95,000.00 for the final design permitting and bidding of the Intracoastal Waterway Educational Passive Park. Funding is available from 119-4151- 572-68.35 (Beautification Trust Fund/Other Improvements/ Intracoastal Waterway Educational Passive Park). Mr. Eliopoulos stated he believes in the project; however, he does not think this is the appropriate time to be spending this kind of money on a design due to the financial constraints. Richard Hasko, Director of Environmental Services, stated the project was identified a couple of years ago by the Downtown Development Authority (DDA). Mr. Hasko stated it is a very good project in terms of the function for which it is proposed a passive park under the east side of Atlantic Avenue along the Intracoastal with educational components. He stated a couple of years ago it was proposed to beautify the area and provide those amenities and the funding was in this year's Capital Budget for the design work which is where staff is right now (pre-design, surveying, property line -7- 05/06/08 determination, and final design). The City Manager stated one of things he would expect is that once the City gets close to the final design that staff go to the Florida Inland Navigation District (F.IN.D.) to seek grant funding to help do this because it is the kind of thing that they typically seek to do to increase public access to the Intracoastal Waterway. The City Manager stated the City may not necessarily go through all the phases that are in this service authorization at this point (i.e. bidding, etc.). He stated the City does not know what kind of permitting time is involved and typically it could take a year or more to get. Mr. Fetzer asked what steps the City would have to go through before we could apply for a F.IN.D. grant. Mr. Hasko stated he believes the City would have to have some kind of preliminary design with some preliminary design components and elements (i.e. surveying identification of property lines). Mr. Eliopoulos moved to table this item, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.A. WAIVER REQUESTED MORSE CADILLAC: Consider a request for waiver of Land Development Regulations (LDR), Section 2.4.6(F), "Temporary Use Permit", allowing the installation of a 1,728 square foot temporary modular building for Ed Morse Cadillac located at 2300 South Federal Highway. (Quasi-Judicial Hearing) Vice-Mayor Montague read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, stated this is a waiver request to allow the installation of a 1,728 square foot temporary modular building for Ed Morse Cadillac automotive dealership as a temporary office for the new car sales staff during the renovation/expansion of the existing showroom. He stated this is not listed as one of the allowable temporary uses in the Code so it requires a waiver to allow this particular building. The applicant has submitted a justification statement and has met the criteria for granting the waiver as outlined in the report. Staff would like a condition of approval that the temporary modular is removed within 12 months (May 6, 2009) of the temporary use approval and that the parking and landscape areas be reconfigured to their current design. He stated based on the above finding with respect to LDR Section 2.4.7(B)(5), (a)-(d) can be made and staff recommends approval of the temporary use permit. -8- 05/06/08 may have. Mark Marsh stated he is present to answer any questions the Commission Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented (approving the waiver request subject to the condition), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.B. WAIVER REQUEST/DELRAY MAZDA: Consider a request for waiver of Land Development Regulations (LDR), Section 4.6.7(E)(7), "Sign Design Standards", allowing two (2) flat wall signs on the west elevation of the Delray Mazda property located at 2001 South Federal Highway. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is for consideration of a waiver to the Land Development Regulations 4.6.7(E)(7), pursuant to the request by the agent for the Delray Mazda car dealership located at 2001 S. Federal Highway. Delray Mazda is completing construction of a new showroom addition to replace the section of the building damaged by Hurricane Wilma. The agent is requesting approval to place two (2) flat wall signs on the west elevation. The signs will result in a more symmetrical appearance to the building and that other car dealerships in the area have similar sign layouts on their buildings. The Site Plan Review and Appearance Board (SPRAB) voted 4 to 1 supporting the waiver request. Mrs. Butler stated LDR Section 2.4.7(B)(5) allows the City Commission to grant waivers to this code, which governs signs providing the Commission shall make a finding of fact based on one of the following (1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends that the Commission support the waiver request to LDR Section 4.6.7(E)(7) pursuant to the applicant's request. -9- 05/06/08 Jessica Serota, Contractor, stated she is present for any questions the Commission may have. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.C. CONDITIONAL USE EXTENSION REQUEST/VILLAGE PARC: Consider a request to extend the conditional use allowing an increase in the residential density in excess of 12 dwelling units per acre (17.8 proposed) pursuant to Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", associated with the construction of a stand alone residential development containing 104 townhome units. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, stated this item is for two conditional use requests for a project located on North Federal Highway. He stated the eastern part of the development is a stand alone townhouse development in the GC (General Commercial) Zoning District and noted that stand alone multi-family residential requires conditional use approval and there is also a workforce housing component and they have exceeded the 12 units per acre which is allowed provided they meet the workforce housing regulation. The property consists of a 7.81 acre site which was the home of the indoor/outdoor retail facility known as the Delray's Lost Drive-In/Swap Shop which has since been demolished. The western portion along Federal Highway will include the three buildings of a mixed-use nature. On May 2, 2006, the City Commission approved the conditional use associated with the proposed development for an increase in density between 12 and 18 units per acre (17.81 du/ac proposed) and also approved the conditional use to allow the stand alone multi-family residential development which is in the eastern portion of the site. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application along with the photometric and landscape plan for the site plan. There are two different categories when extension requests are being made; one is "Construction Has Not Started", one is "Construction Has Started" but has not met the 25% development completion threshold in order to lock in the approval. The applicant did in their justification statement go through a number of activities that have occurred since City Commission approval and SPRAB's approval. One is a demolition permit to clear, they put a fence up around the property, and had -10- 05/06/08 temporary development signage, and a temporary sales trailer was requested on September 15, 2006. Mr. McDonnell stated the plat is currently being reviewed by City Commission, and access approval was granted from Florida Department of Transportation (FDOT) for the highway on Federal. One of the primary reasons the applicant is cited in not having reached the 25% threshold is the weakened economy as a result of the soft real estate market and that was seen as a reasonable external circumstance beyond the control of the applicant in order to justify these requests. Staff recommends that both conditional uses one for the stand alone multi-family residential in the GC (General Commercial) zoning district and also to allow the density to exceed 12 units per acre in accord with the workforce housing ordinance be approved. Staff would like to add the following as a condition of approval: "that the site be seeded and watered until the grass is established and the perimeter construction fence removed until construction is eminent." Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There was no cross-examination or rebuttal. Vice-Mayor Montague stated in the backup there was a recommendation by the Community Redevelopment Agency (CRA) about a right turn lane and asked if any research was done regarding this. In response, Mr. McDonnell stated he knows that there are criteria that the State has for warranting aright-turn lane. He stated there was a recent development on Congress Avenue and believes it is 72 or 75 peak hour trips and then there are two other criteria. Mr. McDonnell stated the only thing he can guess is that this development did not trigger that threshold to require it and it was not carried forward as a conditional of approval by SPRAB when they approved it on May 24, 2006. Vice- Mayor Montague asked how the City would go about researching to see if it is appropriate to have aright-turn lane. Mr. McDonnell stated he could revisit the issue with Randal Krejcarek, City Engineer and ask him whether or not this particular development triggered any of those three thresholds and whether or not that should be added as a conditional of approval. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented (approving the conditional use extension to allow the previous approvals to be valid until May 2, 2010 which is a 24 month extension subject to the condition that the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. -11- 05/06/08 At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes the Text Amendment and Future Land Use Map Amendment. (THIS' ORDINANCE IS REQUESTED TO BE POSTPONED TO COME BACKASA PUBLICHEARING ON MAY20, 2008) The caption of Ordinance No. 17-08 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-08 is on file in the City Clerk's The City Attorney stated the transmittal hearing for Comprehensive Plan Amendment 2008-1 will be postponed and continued to a date certain of May 20, 2008. Mr. Eliopoulos moved to postpone and continue the transmittal hearing for Comprehensive Plan Amendment 2008-1 to a date certain of May 20, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; -12- 05/06/08 amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (APPLICANT HAS' REpUESTED POSTPONEMENT TO JUNE 3, 2008 REGULAR MEETING). office.) The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERNIlTTID USES OF THE CBD ZONINGDISTRICT; AlV1E1~IDINGSUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE O S SHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-07 is on file in the City Clerk's The City Attorney stated Ordinance No. 31-07 is the Second Reading and Second Public Hearing of an ordinance amending and adding to the Old School Square Historic Arts District (OSSHAD). She stated the applicant has requested a postponement of this item to a date certain of June 3, 2008 at 7:00 p.m. Mr. Fetzer moved to postpone Ordinance No. 31-07 to a date certain of June 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and -13- 05/06/08 11.B. From the Public. 11.B.1. Dr. Henrietta Smith, 1202 N.W. 2°d Street, Delrav Beach, read a petition into the record a Petition for Down Payment Assistance from the Community Redevelopment Agency (CRA). Dr. Smith stated the petitioners are requesting that the City of Delray Beach and the Community Redevelopment Agency (CRA) provide down payment assistance to all homebuyers meeting the annual income limits for West Palm Beach and Boca Raton Metropolitan Statistical Area (MSA). 11.B.2. Angela Gray, 219 S.W. 9t'' Street, Delrav Beach, stated for the record the petition is not coming from the CRA but it is coming from the community. 11.B.3. Nicole Redford, Nature's Way Cafe, 20 West Atlantic Avenue, Delrav Beach, stated she and her husband opened a business in Delray Beach because they love it and there is something for everyone here. She stated they immediately became active members throughout the city providing staff, food for events and fundraisers, etc. Mrs. Redford stated when they purchased the property they did not know that they were going to have to pay for outdoor seating and the three businesses that were there before them were also food establishments and had the same tables that were purchased from each buyer from the same address. She stated the Code Enforcement Board would like them to pay for outdoor seating and noted that their business does not block the sidewalk at all and they are under an awning and they have $1 million insurance policy to cover the property. Mrs. Redford stated in 2005 the Code was amended to say that even though it is private property you still have to pay the City for outdoor seating. She stated what people make in an hour by the beach or near the clubs on Atlantic Avenue is what she makes the entire week. Mrs. Redford asked if the Commission can help the community west of Swinton Avenue to help them to function. She feels they provide a wonderful service and food to Atlantic Avenue and fit the culture of Atlantic Avenue. She stated her parking does not obstruct any patrons walking by and is completely under an awning. She stated her seats are barely used and the seats let people know the business is there because they are only allowed one small sign and it is considered a historic building and therefore they cannot have anything unique or different with regard to advertising. They are allowed one sign and it is currently facing the corner of Swinton Avenue; so, if people miss it, Mrs. Redford stated at any given time she would be surprised to have 20 people in a week who actually sit out there for 20 minutes to eat. 11.B.4. Joseph Kinnie, 211 S.E. 12th Road, Delrav Beach (a little strip off Federal Hi~hway in the middle of the Floranda Trailer Park), speaking on behalf of himself and four neighbors, stated the Floranda Trailer Park was sold to a developer approximately five years ago and the developer put in some beautiful townhouses on S.W. 10th Street called the Heritage Club. However, he stated the condition of the Floranda Trailer Park is horrendous. Mr. Kinnie stated he has worked with Code Enforcement through emails, etc. regarding this issue but noted that there are more unoccupied units in this mobile home park than occupied. He stated the occupants that are living there now are stripping the mobile homes of their aluminum and windows. Mr. Kinnie entered photographs into the record and distributed copies to the Commission of -14- 05/06/08 the condition of the Floranda Trailer Park. 11.B.5. Alice Finst, 707 Place Tavant, Delrav Beach, stated she had a problem with her water shut-off and the parts that needed to be replaced were the responsibility of the City. She complimented LaShina n'Gurumo-Tarver in the Water/Sewer Network Division, Barbara Schooler, Utilities Financial Manager (Utilities Customer Service) and Greg Stroud, Utility Maintenance Supervisor. Mrs. Finst complimented Nathaniel (Nate), Johnie, Leonas and Tom for solving the problem and feels the entire Water Department is really doing a great j ob and is worthy of recognition. 11.B.6. Erik Lerman, 505 Heron Drive, Delrav Beach, stated Delray Beach is all about the Beach and easy access to it and it is a major attraction. He stated the parking meters are making going to the beach much less of an attraction. Mr. Lerman stated there has been a 25% increase in the money going into the meters over the last month (previously .25 for 20 minutes and now it is .25 for every 15 minutes). He stated the meters used to expire at 6:00 p.m. and now they expire at 8:00 p.m. Mr. Lerman expressed concern over the two hour time limit and noted he owns a hobie cat at the north end of the beach and is usually at the beach all day. Mr. Lerman stated having to place money in the meters every two hours is frustrating due to running back and forth. He inquired about what the citizens of Delray Beach can do to reverse some of these changes that have been made. The City Manager stated staff did discuss the time limits at the north end of the beach with the Development Services Management Group a couple of weeks ago and agreed that approximately five parking spaces at the north end of the beach will be changed to at least four hours. The City Manager stated he will check into this and let Mr. Lerman know exactly what the change is and when it should take affect. The City Manager stated the charge of .75 per hour had been the same for over 18 years and is significantly less than what neighboring cities were charging. Therefore, the City Manager explained that it was determined that now is the appropriate time to increase it. At this point, the time being 7:28 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety, Chapter 57, "Right-of--Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of--way for the provision of communications service. If passed, a public hearing will be scheduled for May 20, 2008. The caption of Ordinance No. 08-08 is as follows: -15- 05/06/08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 08-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. If passed, a public hearing will be scheduled for May 20, 2008. The caption of Ordinance No. 21-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-08 is on file in the City Clerk's office.) -16- 05/06/08 The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 21-08 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDING: Consider a request for reconsideration to reduce the parking spaces required pursuant to Land Development Regulations (LDR) Section 4.6.9(C)(3)(A), "Requirements for Commercial Uses", by 56 spaces (from the 155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS Building located at 700 N.E. 6th Avenue. (Quasi-Judicial Hearing) 9.E. WAIVER REQUESTS/OFFICE DEPOT/CVS PHARMACY BUILDING DEVELOPMENT PROPOSAL: Consider three (3) waiver requests to waive Land Development Regulations (LDR) Sections 4.6.14 (A)(1) and (2), "Visibility at Intersections", to reduce the required visibility triangle on the south side of the intersection of the driveway to N.E. 5th Avenue from 20' to 15'; and to reduce the required visibility triangles at the intersections of N.E. 5th Avenue and N.E. 8th Street and at N.E. 6th Avenue and N.E. 7th Street from 40' to 30'. (Quasi-Judicial Hearing) The City Attorney stated this Item 9.D. and Item 9.E. will be heard together in one hearing and separate votes taken on each. However, she reminded everyone that this takes three affirmative votes pursuant to the Charter to take any action this evening. Michael Weiner, Attorney with Weiner and Aronson, P.A., speaking on behalf of the Applicant, stated they expect to be there on May 28, 2008 and noted that the new elevations are in. However, he stated the elevations and criteria for waivers are two completely different standards and he does not believe one has to wait for the other. Mr. Weiner stated the waivers have to do with the criteria in LDR Section 2.4.7. Mr. Fetzer moved to postpone Item 9.D. and Item 9.E. and that they brought back with other waivers that might be needed and other actions that may be needed to a date certain of June 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion to postpone passed with a 3 to 0 vote. 9.F. OLD SCHOOL SQUARE PARK EXPANSION PHASE ONE MASTER SITE PLAN/GLATTING JACKSON KERCHER ANGLIN, INC.: Consider approval for Glatting Jackson Kercher Anglin Inc. to proceed with design of the Old School Square Park Expansion Phase One based on the proposed master site plan. -17- 05/06/08 Brief discussion between Richard Hasko, Director of Environmental Services and the Commission followed. Mr. Eliopoulos moved to postpone Item 9.F. to the Workshop Meeting of May 13, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.G. RESOLUTION NO. 16-08/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 16-08 amending Resolution No. 55-07 adopted September 18, 2007, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2007/2008, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2007/2008. The caption of Resolution No. 16-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 16-08 is on file in the City Clerk's office.) The City Manager stated the City of Delray Beach has experienced some revenue shortfalls because of the decrease in sales tax revenues (the City receives a portion of that). Also, fallen gas tax revenues and the decisions of the Federal Government to reduce interest rates have cost the City interest earnings on reserves. In addition, he stated there are additional costs that need to be accounted for particularly the Police Department contract and the contingency fund will cover that but it will require a budget adjustment. Also, in the budget amendment staff is accounting for the donation of the Federspiel Garage coming in as an asset of the City and the Hunt House that has been given to the City. These adjustments have been made in the proposed budget and it involves freezing most of the City's vacant positions and also cutting back on capital expenditures for the balance of the year to bring the budget back into balance. -18- 05/06/08 Mr. Fetzer inquired about the reserves. The City Manager stated the only impact on reserves would be the property the City purchased behind City Hall, a payment due to the County for the Planning Study that was done on Congress Avenue ($25,000.00) but the payment was never made and according to the terms of the agreement should have been made in 2006, and the City agreed on making a grant to the American Legion for the restoration of their building ($50,000.00 to be paid in four increments). The first increment has been paid; however, they have had some title issues that have taken several years to get resolved. The City Manager stated those three items will come out of prior years reserves but everything else was in the current revenue expense items. Mr. Fetzer moved to approve Resolution No. 16-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.H. PROPOSED AMENDMENT/IN-LIEU PUBLIC PARKING FEES: Consider whether to proceed with a City initiated amendment to the Land Development Regulations (LDR) Sections 4.6.9(E)(3) and (4) to increase current in-lieu and public parking fees, pursuant to LDR Section 2.4.5(M)(5). The associated map, LDR Section 4.6.9(E)(3)(b), would also be amended to reflect the increased fees. Scott Aronson, Parking Management Specialist, stated Ordinance No. 42- 06, adopted August 15, 2006, established the current in-lieu parking fees at $18,200.00 in Area 1 (Beach Area); $15,600.00 in Area 2 (Downtown Central Core Area); $7,800.00 in Area 3 (Pineapple Grove Way and Old School Square Historic Arts District). The $4,000.00 fee in Area 4, West Atlantic Avenue remained unchanged. Prior to Ordinance No. 42-06, the fees had not been reviewed or increased since 1999. Estimated construction costs were determined by averaging the construction costs of Old School Square and the Federspiel Parking Garages resulting in a per space construction cost of $31,705.00. Staff received information regarding the construction of parking garages from Palm Beach County. The City and County have been collaborating on the South County Governmental Center. Excluding the Palm Beach International Airport (PBIA) Garage, the average cost of construction for the garages is $25,000.00 per space. He stated he did a review of the current property values and they are a little lower than they were in 2006. Mr. Aronson stated the only information he has from the Property Appraiser's website is the 2007 property values. Mr. Aronson stated at its meeting of February 26, 2008, the Parking Management Advisory Board (PMAB) recommended waiting six months and revising estimated construction costs by subtracting the construction cost of the commercial component of the garage. He stated this has already been done. Mr. Aronson stated the Downtown Development Authority (DDA), Pineapple Grove Main Street Board and West Atlantic Redevelopment Coalition (WARC) all agreed with the PMAB's recommendation. At its meeting of March 13, 2008, the Community Redevelopment Agency (CRA) recommended a 30% increase to the in-lieu fees in Areas 1, 2 and Sand a 30% increase to the Public Parking fees. At its meeting of March 17, 2008, the Planning and Zoning Board unanimously agreed with the PMAB in not imposing any increases at -19- 05/06/08 this time. Staff requests direction from the City Commission as to how they wish to proceed. Mr. Eliopoulos stated he concurs with the Parking Management Advisory Board (PMAB) and wait six months before the City considers raising rates. Mr. Fetzer echoed comments of Mr. Eliopoulos. Vice-Mayor Montague stated she too supports the PMAB. It was the consensus of the Commission to direct staff to support the Parking Management Advisory Board (PMAB) and wait six months before the City considers raising rates and re-address this issue at that time. 9.I. AGREEMENT/WIFI SERVICES/E-PATH COMMUNICATIONS OF DELRAY BEACH: Consider approval to terminate the contract with E-Path Communications of Delray Beach in accordance with contract requirements and to seek an immediate termination upon obtaining a waiver of contractual requirements if possible. Brian Shutt, Assistant City Attorney, stated at its meeting of February 19, 2008, the City Commission approved an agreement with E-Path that gave them until April 18, 2008 to provide free Wi-Fi service downtown and that has not happened yet. Mr. Shutt stated staff is asking for a termination of the agreement and noted there is a rather lengthy process that is involved in this. He stated staff is asking the Commission to waive specific sections of the agreement those being Section 38 and Section 35 so that City staff may contact E-Path and see if they would agree to also waive those provisions so that this agreement could be terminated immediately. After brief discussion, the Commission concurred to terminate the agreement. However, Vice-Mayor Montague stated she would still like staff to look into other opportunities for free Wi-Fi services and bring back to the Commission for a Workshop Meeting. Mr. Fetzer moved to terminate and seek a waiver of the agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9_J. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00 in Robert Hauptfuhrer v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this deals with a boat that was impaled on the dock at the City's Marina during Hurricane Wilma in 2005. The owner of the boat has not been satisfied with any proposals. There was an appraisal of the boat based on the -20- 05/06/08 age, condition and type of boat. The City Attorney stated they have claimed that the total value of the vessel and personal property is $363,150.00. They are claiming all kinds of civil actions that may be a triple fee event. Staff feels at this time they would like to offer $25,000.00 for the vessel and any personal property items that may have been on board subject to execution of general releases. Mr. Eliopoulos moved to approve the settlement offer in the amount of $25,000.00, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.K OFFER OF JUDGEMENT IN HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider an Offer of Judgment for the total amount of $100,000.00 in Heather Leitch v. City of Delray Beach. Staff recommends denial. The City Attorney stated this is an offer of judgment in the Heather Leitch case and it stemmed from an event that happened on New Year's Eve a couple of years ago when a stray bullet hit this person. The City Attorney stated staff recommends denial of this offer of judgment. Mr. Fetzer moved to approve the denial, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion to approve the denial passed with a 3 to 0 vote. 9.L. AUTHORIZATION TO OPT OUT OF A CLASS ACTION LAWSUIT/ADDISON AND PETIT V. CITY OF TAMPA: Consider a request for authorization to opt out of a Class Action Lawsuit entitled, Addison and Petit v. City of Tampa. Terrill Pyburn, Assistant City Attorney, stated this item is a class action lawsuit involving the City of Tampa and they are trying to notify all the potential class members and that is any cities or counties that levied local business tax receipts on attorneys within the City of Delray Beach. Ms. Pyburn stated we have in the past required that a local business tax receipt be applied for local attorneys. However, she stated the generation of funds that have come from that are minimal. They would like the City of Delray Beach to participate in the cost and fees associated with this class action lawsuit and that is why the City is seeking authorization to opt out at this time because the City does not know what the fees and costs are. Mr. Eliopoulos asked where architects stand on this. The City Attorney stated this really deals with the law that says only the Supreme Court can regulate lawyers and thus cities cannot regulate lawyers. The City Manager stated this is not a regulation. -21 - OS/06/08 Mr. Eliopoulos moved to approve authorization to opt out of a Class Action Lawsuit entitled Addison and Petit v. the City of Tampa, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis' appointment will be deferred to the Regular City Commission Meeting of May 20, 2008. 9.N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Russell Yeager as a regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.0. APPOINTMENT TO THE PARHING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint John Gergen as a regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments or inquiries on non-agenda items. -22- 05/06/08 13.B. City Attorney The City Attorney stated there was an issue that came up regarding appeals from the Historic Preservation Board (HPB) and noted that waivers and variances go before them. She stated waivers can be appealed to the City Commission and variances are traditionally appealed in Court. However, the City Attorney stated because of the nature of the Historic Preservation Board and their criteria being different for a variance as well, staff would like direction from the City Commission whether to amend the ordinances to provide that both waivers and variances for HPB would come to the City Commission first before taking it to Circuit Court for an appeal. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated this morning he met with Dr. Weigel at Atlantic High School and noted that the City of Delray Beach has had some huge successes in working with Atlantic High School related to things like the Police Academy and Eagle's Nest Program, etc. He stated Dr. Weigel is now asking for the City's help with the Fire Academy and would like to start a class in the upcoming school year in August. Mr. Fetzer asked if staff could make it clear of what the City's position is with Dr. Weigel on this. The City Manager stated the Fire Department would very much like to do it and it may be only a matter of funding. He stated he will find out exactly where it stands and what kind of money they are talking about. Secondly, Mr. Fetzer commented about the Citizen's Summit and stated the City of Delray Beach is very lucky have Lyle Sumek and he really likes what staff has learned with his dealings with other cities. Mr. Fetzer stated he was disappointed in the attendance and recommends that the City try to do more follow up calls and get more candidates for next year because he felt it would have been more productive with a larger group. However, Mr. Fetzer stated although the group was smaller, they had some excellent people who had a lot of great ideas. Mr. Fetzer commented on the food and suggested that there be more in the way of appetizers or hors d'oeuvres. Mr. Fetzer stated one of the tables had an idea to place on the City's water bills an opportunity for residents to make a voluntary donation to the cultural arts program. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos wished Mayor Ellis and Deputy Vice-Mayor McDuffie speedy recoveries to come back. Secondly, Mr. Eliopoulos stated he would like to know the status of the Bob Federspiel Garage. - 23 - OS/06/08 13.C.3. Vice-Mayor Montague Vice-Mayor Montague thanked Commissioner Eliopoulos for holding down the fort last week for several days while she, Commissioner Fetzer and Commissioner McDuffie were in Washington, D.C. She stated they had a great trip and commented about the Washington Fly-in with Congressman Ron Klein. Vice-Mayor Montague stated they also had the opportunity to do some one-on-one lobbying with all of their representatives. She thanked Commissioner Fetzer and Commissioner McDuffie for being right there with her. Vice-Mayor Montague stated they have a wonderful group of leaders in Washington that are really fighting very hard for the City's rights and the programs that the City is trying to keep alive. Vice-Mayor Montague expressed a special thanks to Doug Smith, Assistant City Manager, and Delores Rangel, Administrative Assistant for their efforts in putting together the brochures that were distributed in Tallahassee and noted these brochures were also very effective in Washington, D.C. She stated copies were distributed to Representatives and Senators as well as their staff. Vice-Mayor Montague stated she would encourage that as the City does its own lobbying that we send one staff person to interface with their staff person and feels Doug Smith, Assistant City Manager would be an appropriate person for that. She stated Congressman Hastings strongly recommended that the City of Delray Beach reconsider a Federal lobbyist and noted when times are tough is when you need lobbyists the most. Vice- Mayor Montague stated it would be nice to have someone lobbying 2-3 times a year speaking on behalf of the City of Delray Beach and suggested that this be placed as a Workshop item. There being no further business, Mayor Ellis declared the meeting adjourned at 8:20 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 6, 2008, which Minutes were formally approved and adopted by the City Commission on -24- 05/06/08 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. - 25 - OS/06/08 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: May 16, 2008 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF MAY 20, 2008 MAY 13, 2008 - SPECIAL/WORKSHOP MEETING SPECIAL/WORKSHOP MEETING MAY 13, 2008 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Brenda Montague in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 13, 2008. Roll call shoed Present - Commissioner G ary P. E liopoulos Vice Mayor Brenda S. Montague Commissioner Woodie McDuffie (6:04 p.m.) Absent - Commissioner Fred S. Fetzer Mayor Rita E llis Also present mere - David T. Harden, City Manager Robert A. Sarcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Lanelda D. G askins, Acting Deputy City Clerk Vice Mayor Brenda Montague called the special rr~eeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA Proclamation for Rotary Group Study E xchange Team Leo Philips, Region No. 1 Coordinator for Rotary International, thanked staff and the City for their hospitality. He introduced the Group Study Exchange (GSE) Team from Ul~aine. He explained the Group Study Exchange (GSE) program is designed for young professionals between the ages of 25-40 to come the United States to learn about the culture and obtain vocational training. He introduced the team leader and invited him to say a few wards. Oleh Luksha, Team Leader, thanked the City for its hospitality and introduced the remainder of his team members: Volodymyr 1VTinin, Iryna Solovey, Ganna Voloshekno and Marya Pyza Vice Mayor Montague advised she was honored to have the GSE Team in the City. She announced Commissioner McDuffie was now present at the meeting She also introduced former Commissioner, Pat Archer. She read the "Rotary Group Study Exchange Team" proclamation 2. PROPOSED BUDGET SUBMISSION/CHILDREN S SERVICE COUNCIL (CSC)/OUT-OF-SCHOOL YOUTH ENRICHMENT PROGRAM: Authorize staff to submit the proposed budget funding request for Fiscal Year 2008/2009 to the Children's Services Council of Palm Beach County in the amount of $299,417.00 for the services associated with the Out-of-School Youth Enrichment Program Alberta Gaum, Project Coordinator, introduced this item She advised that staff is submitting a four (4) year budget plan for the Out-Of-School Youth Enrichment Program She explained that Children's Services Council (CSC) will reimburse 46.7% of the Cites total budget. Ms. Gaum stated the Parks and Recreations will apply fora $299,417.00 grant with the Children's Services Council. Mr. Eliopoulos moved to approve submitting the proposed budget funding request, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follow: Mr. McDuffie -Yes; Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Said motion passed 3-0. Vice Mayor Montague adjourned the Special Meeting at 6:10 p.m WORKSHOP AGENDA 1. Green Task Force Rec~hng Recommendations Richard Hasko, Environmental Services Director, introduced this item Mr. Hasko advised Commission that Randal Krejcarek, City Engineer, is nowthe liaison for the Green Task Force. Joe Snider, Green Task Force member, introduced the other board members: Nancy Schneider, Qiairperson, John Koenig and Ana Demelo. Mr. Snider presented and discussed the report on Singie/Dual Stream recommendations that was included in the back up material distributed to Commission Mr. Snider discussed the economic impact to the City. He explained the advantages of Single Stream and Dual Stream Recycling. He briefly discussed some recommendations including a mandatory recycling ordinance, increased public education and an awareness program, requiring future construction projects to include recycling and incorporating recycling commitments by any organization marking with the City to host an event. Butch Carter, Waste Management, advised there was some conflicting information in the presentation He advised Waste Management has worked on how to measure carbon footprints for the past five years and there is no set protocol or procedure. He discussed the financial material strain that is offered to the City which is about $70,000.00 per year. He advised it's a convenience and monetary gain to the City. Mr. Hasko advised that the Green Task Force perspectives are well taken. Susan Ruby, City Attorney, advised the City has a long term agreement with Solid Waste Authority that mould have to be modified if the City goes to single stream recycling. Ms. Demelo explained that based on her evaluation of Palm Beach County, the City has a good rate of recycling compared to other cities in South Florida. May 13, 2008 Mr. Eliopoulos t11an1<ed the Green Task Force for the information He was not aware that construction sites are recycling 100%. Mr. Eliopoulos advised although he strongly encourages recycling, he does not want to penalize residents with fines for not recycling. He asked for clarification on Mrs. Ruby`s statement regarding a modified agreement with Solid Waste Authority (SWA). He asked why the City would still pay if there is no contract with SWA and the City bent to Single Stream Recycling Mrs. Ruby explained the City is in a 99-year lease of the Miller Field station David Harden, City Manager, advised that even though SWA would not do the City`s recycling they would still Dandle everything else. He discussed the concerns of the County if more cities stopped sending their recyclables. Mr. McDuffie congratulated the Green Task Force on their presentation He discussed the different forms of ethanol and some of the reports read in magazine articles. He advised he needs to review the reports a little more and hear from Waste Management and Solid Waste Authority. Patrick Carol, Solid Waste Authority, stated he supports dual stream recycling, especially if quality is important. He explained SWA nets $40.00 per ton in revenue. This year the projected gross revenue is about $15 million which is based on all time record high levels. He also advised the City actually has t~ (2) separate agreements. Mr. Eliopoulos explained that the educational component is important. Vice Mayor Montague thanked the Green Task Force on their efforts. She asked that education and marketing be enforced as opposed to a mandate be incorporated She asked staff what is being asked of Commission at this time. Mr. Harden advised Commission that he is not seeking direction at this time. Mr. McDuffie stated that he would not like to see penalties; he would prefer incentives. Mr. Harden advised Commission that there is a franchise review of the proposal from Waste Management that should be sent around June 2008, it will include options to collect construction waste from demolition projects and also a proposal for single stream. Vice Mayor Montague requested back up material that supports each statement. Mr. Harden stated that one of the things discussed is opening up to other vendors which would increase the challenge of verifying that the vendor is recycling Mrs. Ruby explained there are different permits that can be used for contractors to ensure they are meeting certain requirements before a permit is issued. Mr. Harden explained there will be a financial impact since the City receives certain concessions from Waste Management. May 13, 2008 2. Discussion regarding International Council of Local Environmental Initiatives (ICLEI~ Nancy Schneider, Green Task Force Qiairperson, gave background information on this item Ms. Schneider discussed the history and programs offered by ICLE I. Joe Snider, stated the mission of Green Task Force and advised ICLEI is the next step. David Harden, City Manager, explained that the focus is on lowering energy use and saving money. He stated he is concerned that the board will pour too much effort into determining the carbon footprinting; resources that the City does not have mould be spent. Ms. Schneider stated ICLEI is one-stop shopping She explained that there is also a focus on the reduction of energy, waste and water. Mr. Snider explained a multitude of benefits to the City for j oining ICLE I. Vice Mayor Montague asked Ms. Schneider based on the presentation what is the Green Task Force expecting from Commission tonight. Ms. Schneider advised that the Green Task Force is requesting $1,200.00 so that the City can obtain a membership in ICLEI. A customized program would be devised, taking the cost of various programs into consideration. She stated the Green Task Force is requesting help now so that they could have a plan ready in August that would help the City and volunteers. Vice Mayor Montague asked how long it would take to gather information, do the analysis and come up with recommendations. Dan Sloan, Green Task Force Vice QZairperson, advised it would take approximately400 hours. Ms. Schneider recommended using student interns with staff to oversee them An ideal candidate mould be a graduate Planning, Architect or Engineering student. Mr. Harden advised that ICLE I has some resources that could be useful. Mr. E liopoulos stated that the City also has some resources from within that could help facilitate and educate. He stated he is encouraged but not willing to j ump onboard at this moment. Mr. McDuffie stated he agrees but mould like to concentrate on a lower cost and saving some money. Mr. Sloan explained that the evaluation criterion of the board is no-cost, lo~cost and high cost options. Mr. Snider advised that ICLEI would help the City become more efficient and prioritize some things. May 13, 2008 Vice Mayor Montague asked if becoming a member of ICLEI would help the board be able to make recommendations at the end of the six (6) month period Ms. Schneider stated it would help the Green Task Force with a summary plan. It was the Consensus of the Commission to bring this item back to Commission at a Regular Meeting 3. Green Task Force Proposal regarding Electronic Bulletin Board Dan Sloan, Green Task Force Vice Qiairperson, gave background information on this item. He advised Commission that the Green Task Force would like to be able to give staff the authority to seek an informal opinion to conduct an electronic bulletin board Mr. Sloan advised there would be no cost to the City for the service. The public would have access to the electronic bulletin board Mr. McDuffie advised he supports the idea Mr. Eliopoulos advised he would also support the idea Vice-Mayor Montague asked if the public could access and provide input. Mr. Sloan stated that public would have access and be able to provide input. Susan Ruby, City Attorney, explained that she would have to research a few things in conjunction with IT departmealt and the Delray Beach Library such as how to set the bulletin board up. This would have to be presented to the Attorney General's office. Vice Mayor Montague stated the Green Task Force has done a tremendous job as a committee. She advised the Green Task Force that the Commission is looking for specific recommendations in the following areas (1) perspective of the City and how we save money or what could be initiated internally, (2) perspectives of residents, and (3) perspectives of the commercial components. Mr. Eliopoulos advised that he concurred with Vice Mayor Montague. 4. Presentation on 20-Year Water Suppler Richard Hasko, Environmental Services Director, presented this item. Mr. Hasko explained the handout given to Commission. He briefly discussed the projected potable water demands through the year 2030. He explained during the year 2001-2002 there was a drought. On the detail sheet for the projected capital improvement project, he explained that FY 08-09 and FY 09-10 are inflated Mr. Hasko advised of some of the projects that will be started in the near future. He also discussed a credit given to the City for reclaimed water. He explained he has a deadline to respond to the South Florida Water Management District (SFWMD), committing to the water supplyprojects or equivalent alternatives. May 13, 2008 Vice Mayor Montague asked how the credit determined Mr. Hasko explained it is a conservative estimate. Mr. McDuffie discussed some of the offsets, and the parameters of the South Florida Water Management District (SFWMD). Mr. Hasko explained the process of SFWMD and how the City could get credit. David Hardery City Manager, advised that if the form of the commitment is in a letter it would need to go through the Commission 5. Alternatives regarding Historic District Boundary Adjustments Vice Mayor Montague requested this item be discussed first on the Workshop Agenda. Mr. E liopoulos advised the Commission that he would be stepping down on this item and asked if this item could be postponed Lentil Commissioner Fetzer and Mayor E llis are present. SUSan Ruby, City Attorney, explained since this is workshop there is no vote but seven alternatives to give direction to staff. It was the Consensus of the Commission to bring this item back to the June 10, 2008 Workshop Meeting Vice Mayor Montague adjourned the Workshop Meeting at 8.41 p.m. City Clerk ATTEST: VICE MAYOR 6 May 13, 2008 The undersigned is the City Clerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, May 13, 2008, 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 amendments, additions or deletions to the Minutes as set forth above. May 13, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: May 10, 2008 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF MAY 20, 2008 NATIONAL SAFE BOATING WEEK PROCLAMATION WHEREAS, recreational boating is fun and enjoyable, and w~ are fortunate that w~ have sufficient resources to accommodate the wide variety of pleasure boating demands; and WHEREAS, while being a marvelous source of recreation, boating can be a risky sport to the unprepared Not knowing or obeying the Navigation Rules, the nautical "Rules of the Road," dru11<u1g alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of human error or a lack of proper judgment; and WHEREAS, wearing life jackets can reduce by approximately 80% the number of boaters who lose their lives by drowning each year; and WHEREAS, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends and their family; thus it is important to continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, on average, 700 people die each year in boating related accidents in the U.S. and nearly 70% of these are fatalities caused by drownul~ and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they warn their lifejackets; and WHEREAS, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today`s boating public. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 17 - 23, 2008 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and encourage all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Awciliary and start the year-round effort to promote safe boating and urge all those who boat to Boat Smart. Boat Safe. Wear It. and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20~ day of May, 2008. RITA ELLIS MAYOR WHEREAS, the City of Delray Beach, an All-America City, would like to honor Sister Mary Clare Fennell for her forty exemplary years as a teacher and principal at St. Vincent Ferrer Catholic School; and WHEREAS, under the direction of Sister Mary Clare Fennell, a warm and caring atmosphere was created, one that caused students, parents, parishioners, diocesan officials and visitors to consider St. Vincent "the school with a heart" because of its environment of hospitality, excitement and energy which permeated into all their educational endeavors; and WHEREAS, her dynamic personality provided for each student that attended the school over the years to experience love and a command for their spiritual, academic, emotional and physical growth; and WHEREAS, the City of Delray Beach would like to thank Sister Mary Clare Fennell and St. Vincent Ferrer Catholic School for their support and participation in community-wide sponsored activities such as Principal for a Day, Principal's Breakfast, and donations to the Chamber of Commerce Education Auction that benefits all the schools in Delray Beach; and WHEREAS, the City of Delray Beach would like to recognize the awards that Sister Mary Clare Fennell obtained over the years such as one of Bethesda Hospital's Women of Grace, the Ken Ellingsworth Community Service Award and the Greater Delray Beach Chamber of Commerce Business Recognition Award for St. Vincent Ferrer Catholic School; and WHEREAS, Sister Mary Clare Fennell is retiring after 40 years of service as Principal at St. Vincent Ferrer Catholic School and will be deeply missed by the parents, teachers, students and members of this community. NOW THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend our appreciation to: SISTER MIRY CL~IR~ ~'fNN~LL for her spiritual leadership at St. Vincent Ferrer Catholic school and wish her all the best in her retirement years and future endeavors. IN THE WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20~ day of May 2008. RITA ELLIS MAV(1R MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri128, 2008 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 20, 2008 REQUEST FOR SIDEWALK DEFERRAL/2001 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 2001 S. Ocean Blvd. BACKGROUND The Delray Beach Club is located on the east side of SR AlA just south of Linton Blvd. When FDOT resurfaced SR AlA between the City limits north to Linton Blvd., no sidewalks were installed on the east side of SR AlA. There are no plans to install sidewalk on this side of SR AlA south of Linton Blvd. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. Prepared By: RETj.7RN TO: R. Brian Shutt, esq. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 AGREEMENT F®R S~DEWA,LK IMP]C~®VEMENTS THIS AGREEMENT entered into this ,~ day of ~~/~l ~-- , 2QQ~ between the City of Delray Beach {hereinafter the City) and ~ t,.. ~~ ~a'' ~fLfl~ l~ C.. (hereinafter the Owners), for the purpose of waiving the rcquire~r~ent of the installation of a sidewalk along _ - _ Pa . ~ until such time ~~oca r~ ~~ ~G ~t~~ as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the . ~. right-of--way immediately abutting the subject ~s~v~i~ ~~ ~~.v~. property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1..3{D)(1){b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. 1 WITNES SETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~-l~. ~c1i~l c~~t~Ra~i ,,fit v~~ right~of~way abutting the subject property, within a time period that is acceptable to the City, alder being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall ran with, the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS W~IEREOF, the parties to this agreeznez~t set their hands and seals this day of , 200_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney 2 C~~~ Y ~ ~L.~~?~4uL.~S {Please type or name} .~1~A5D~ ~ ~~~I~~> {Please type or print name} STATE OF ~~~'~~ ~`~ ..- COUNTY OF .~~.~~' ~~=~ff~r-~ ) BEFORE iVIE personally appeared ~~~~~ wl7{a^"[3s~ [aTe] personally known to me ar p~ti~~~y-]~~i~it~rt^i~e2~, and who executcd the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instru~ncnt for the purposes expressed therein. WITNESS rr~y hand ar~d off~xcial seal this day of ~-=/~-F 2~~' .. ~_ , C-; My commission expires: _...~~b ~~~' Notary~'ublic No~ARY~auc L.~r~t~ :: IiitC~~,.:: Car~r~i~~i~n ~i?~~~~, Expire ~y 7 ~~~ (Scal} S~A'ffQfFtd~WA BudedTrOyF'~In~#ns~ul~s~+b,the, :~#?h~'rat; NOTARYPU6t3C ~~~~ f.. 8-3G~~~Y~~~ Comrrtiissio~n# L~D~1~ff~~ Ex~aires May ~, ~®~~ SThYEaf~l.flfil6A 0ardedTmyPo3n~insuranc®,€nc.8(kt^3957613 a~sidewalk deferral agreemenC L L ~~ r~~ =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a m V 0 ~, r O ~_ C~ U ca a~ m a~ 0 0 N r Ln MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 1, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 20, 2008 REQUEST FOR SIDEWALK DEFERRAL/302 PALM TRAIL ITEM BEFORE COMMISSION Requesting approval of sidewalk deferral request for 302 Palm Trail. BACKGROUND This is a single family residential lot located at the northeast corner of NE 3rd Street and Palm Trail. Other than on NE 7th Avenue, this neighborhood has not actively been installing sidewalks. Sidewalk deferrals were already granted to 209, 333 and 501 Palm Trail. There are no plans to install sidewalks in this neighborhood in the near future. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. Prepared By: RE"I'URN'T'O: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 ,A,GItEEMEI~'T FOR SIDEWALK IIVIPR®VEIVIENTS THIS AGREEMENT entered into this ~3 day of 20~ between the City of Delray Beach ,~ ~ l~ t ~...._ (hereinafter the City) and C~i~~ ~t~c~ ~l~~,~al~k~ {hereinafter the Owners), for the purpose of waiving the requirement of the instailatiorr of a sidewalk along Ca~a~~i 'T°t~~i ~. until such tune ~ ~ ~~ ~~ as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3{C) requires the installation of a ~At..r~ ~~~ t t.,, sidewalk, within the ~, ~„ ~ ~°°~". right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3{D}(1){b), and, WHEREAS, in order to provide conformity along the street the City Commission voted. to waive the requirement for the installation of a sidewalk until such tune as the City requests the Owner construct the sidewalk. 1 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, fox the property located at: I. The Owner agrees to construct a sidewalk, at its sole cost and expense, alang the ~~. ~~°`t ~,~....__ right-of way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when canstrueted, shall meet all of the current ordinances of the City of Delray .Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. TN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200 . ATTEST: CITY OF DELRAY BEACH, FLORIDA I3y: City Clerk Mayor Approved as to form. anal sufficiency: City Attorney 2 ~~-~'~~ ~1~.~Y '~. ~ L..4 ~ CMG U ~ ~a (Please type or p - naix~e) J~So t~A~1~~C7~ (Please type ar print name) STATE OF ~°' ~~~-~~~ } COUNTY OF f~~ ,~ ~;.~~t`~f BEFORE iVIE personally appeared ~~ ~~~-~~~~~~'' wh is [are] ersonally known to me r [has] [have] produced [and respectively] as identificatian~d who executed the foregoing instrument, and acknowledged befare me that [he] she [they] executed said instrument far the purposes expressed. therein. ~7,~1T1siESS rriy hand and official seas this ~s'~~^~~ My commission expires: t¢OTARY?tlBIJC R.,I~d! fir: 11 C~~l~l~~i~ ~~~~~ ~xp~~~~ ~~ ~~ ~ 57ATHOFFEORkOA Bonded7my!'B~~iASl1(dA~ir~l~: ~~~~~ day of ~f ~''~~°. 20~~ ~ - ~r ~; ...N.... ~ ~ ,r, Notary Public {Sea1j agt~sidewalk deFerral a~reernent L N O M ~_ C~ U (~ N m (~ L 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 16, 2008 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/302 PALM TRAIL ITEM BEFORE COMMISSION Commission acceptance of a right-of-way dedication at 302 Palm Trail. BACKGROUND The dedication includes five feet along Palm Trail and NE 3 Street to create right-of-way widths of 25 feet from centerline. The attached sketch provides a location map of the right-of-way to be dedicated. RECOMMENDATION Staff recommends acceptance of the right-of-way deed. Z O H a U D W D r a 3 LL 0 H 2 (7 .~ L N O M 0 0 N Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # FIGHT-GF-W.~i' J®EEI) THIS INDENTURE made this ~~ day of ,1~~' ~1 ~ 200 ~ between t~~ tS ~,t~Gr~L..l... , with a mailing address of ~ i°'~U~ 'TW"~2t~1,., ~,*~ 1~~ . ~-L ~ ~-~7 , as party of the first part and CITY ®F 13LLItAY BEACH, FL®RIDA, a Florida municipal corporation with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 3344, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described Land, situate, lying and being in the County of Palm Beach, State of Flarida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the sccond part, its successors and assigns, aright-of way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that shauld the same ever be discontinued ar abandoned as a public highway or street, the title to same shall thereupon revert to and revertt in the party of the first part ar assigns, except that the easement for public utility purposes shall remain until released. That this right-a~ way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide far the release of any and all mortgages or Bens encumbering this right-of--way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and wi11 defend the same against the lawful claims of all persons whomsoever claimed hy, through or under it, that it has good right and lawful authority to grant the above-described right-oF way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the partiesa TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging ar in anywise incident or appertaining, and all the estate, right, title, interest, and. claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the and seal the date first above written. i and delivered PARI'~ i pr ce ~ ~~ . By: `~, (l~~ame printed or typed} (I~Fame ~ l ~ (Name printed or typed} STATE OF ~~ ~~``~~'~ COUNTY OF ~~~-~'°~ ~~~'~ (Address} The foregoin instrument was acknowledged before me this ~'~ `~Rday of ~°~~..i~f , 200, by /~~°' ~~y~'~ ~~~~-~-~~ wha is personally known. to me or has produced as identification. ~"' ~. .~, Signature ofNotary Public State of Florida part has hereunto set their hand OF T~'I,E FIRST PART or typed) 2 NOTAAYWBLC ~~~ ~o ~~~@~~~ ~r~11't~i11a~€C}9l ' ~~~~~Q'~? xpi~~ &~~~ 7, ~~~ STfREGF d.~i~~~~rQY~~tr.inaut~ns~~irs, 84~-395.7Q19 '~J ~ t VY ~ l ~V ~ `4~ ~~ ~ ~R~~~ • ~~ ~~ ~~~ ~ ~a ate" vo' ~~ ~,S-~ RIGf~T,OF-WAY ®E®IC,~TI~N a s ~_ _.. ~ ~EC1N 64T THE S®tJTi-tF,_A3T C®RNER Call= T#-II: FOLLOWBNG CDE3C~E[B~® F~ARCEL THE ~A~T 112 OF THE 3OUT}°t 11~ OF THE 30liT~l '412 OF BLOCK 129, bEtr,RAl( BEACH (F®R~Itt=t~2LY T©~VN O!r LINT®N }, ACCQR~3ING Ta THE PLAT OF THE FRACTtaNIRL ~~T NALF C?F SECTIQN '$6, T©WNSHtf~ ~6 St?UTFI, RANGE ~3 EAST, ACCC?RD1NG TO T~tl FLAY Ti1E~2EC?F, As RECORDEp tN PL~tT 1300~C 'I, PAGE ~~, LE a~ THE EAST 2D FEET THEREOF CONIiEYE® T® THE CITY OF DELRAI~ BELCH FOR S'I't~EET PURPO~E5 IN UEE® BOOK 5?'9" AT ~rQGE 3T3, OF THE f~Iw1BLlC REC~,?R®S OF P/SL~ BEACH CnLthtTY, FL®RI®A. THENCE N s~ aa"aa°"v~ AL~~~ TI~~ rH~ ~®uTH LtNI= CfF 1`Hl: At~O~~ nESC~I~EQ PARCEL A ®I~'TANCE OF '145.1 FEET TQ THEE S®UTFlWEST CQRNI"R OF SAI[3 PARCEL T!-tENCE N #~ 36`a4"W AL6]NG THE ~~'C ~.lNl~ ~!~ SAi® PPaRGEL S.aO FEAT; THENCE ~ 9~ 44`Q~D°"E ~A DI3TA3~CE ®F 91579 FEET; T!-IEPtCE N 44 ~ai'S9'°E A ®ISTANGI~' ®F 3'~«10 FEET; THEtiICE N 0~ 30°~2"W 1ALCBtdG A LONE 5 FEET WEST .AND PARALLEL TC) THE EAST LBAIE GF SAt® PARCEL A Di3TANCE OF 6'i.BEl FEET; 't'Q 7t~tE NC)f~'~FI LINE GF SAI® PARCEL TI~IRIIECE ~ 55°25'°E AI„ONG ~A1D NC9RT~i LINE 14 DI57'ANOl~~1~Fl,~.t~ FEET T® TH1E ~t~RTH~`Aa~bT CCDRNEI'$ QIl~ ~AtD l~A~.C.Et..y Tl'tENrsE ~ ~~ fit}°~2°E A ®t~TAN~.E y~ ,p~.~~ ~~ T® T~ P®INT GF BEGt1Vt~lNG. P~4RCEL CQN"t"AINS 1~'~4.4 ^4~U~4RE FEET TIYIS dS NOT' .SCllc'~EY ~e~lae~, ~~asagess, Il~c. pe4ray Be~c~t, FL 33483 i'Ftnne 5&1-2843-4524 Fax 243-~-t3Ca9 vu~sc l~air~ asp-7ss~ ~es1 t'etm Fxs:c 73~~64'# ~'o[l Fres 7 -800-773-Sa~'i Fax Free i-84~-s54-440 • ",1~7t~t•vatid t~nCess A~ihoriz~tian Nambat1,865fl$ , ~S~e'~$fg,~«~ Q~y1T3~C355Q~ ~tlf'~P.i~S~[°~ 5F"~~ 1 Eset`eR~y e y ~t ttts s~cx Q~DFSC'3ZTPTFC)~F''§i~Yfn heron meets ! "tnirr~ technical s#artdards 5el iart~ it's-:G9jap~t 8117-~, Ficrrlda,, ~ minute eiue Goa ursuant to Section` ~72.~127, Fiorida 5L~44dtBS. `s ~ - - . -- _~.5. d~o_ 5089' Z9,{Z~ 3J17d .~~J.IH~dt# SO~f1C1dQI~~ 6ZT,99LZZ95 6~L ~~~3 ~®3Zr'bZlb~ MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E. Asst. City Engineer Richard C. Hasko, P.E. Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2008 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/321 PINEAPPLE GROVE WAY/ST. GEORGES SUITE ITEM BEFORE COMMISSION Acceptance of right-of-way dedication at St. Georges Suites located at 321 Pineapple Grove Way. BACKGROUND This dedication is of two feet along the west side of the alley. Attached is the right-of-way deed, including a sketch and description which provides the limits of the right-of-way to be dedicated. FUNDING SOURCE n/a RECOMMENDATION Staff recommends acceptance of the right-of-way deed. Prepared by: RETURN: R. Sriaa Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray :Beach, Florida 3344 T'IN # IG.~-I'T-®~'®~TA~ D~+ Eli THIS INDEl~IT1JRE made thise~ day of ~ , 2008, between 321 NE 2aa Avenue, LI.C, with a mailing address of P.O. Box 220 Westport., CT 06880, as party of the first part and CI'I"Y ®F l3~Ll~~' li3E~Cl~I, Flls®FtII)A, a Florida municipal corporation. with a mailing address of ~ 00 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: `T'hat said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors ar~d assigns, all right, title, interest, claim. and demand which the party of the first part has in and to the following-described land, situate, lying anal being in the County of Falco Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving anal granting to the party of the second part, its successors and assigns, aright-off way and easement in and to said lands for public highway, street, and public utility purposes anal the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the saanne ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and reves in the party of the first part or assigns, except that the easement for public utility purposes shall rerr~ain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. ~a~dy ~f the first ~a~°tt does hereby f~i1y arrant the title t~ said lid ~.nd ~vi11 defend the sarrre against e ~.~fiz1 claims raf all pe~°s~ns vnc~~tns€~e~re~° eyed by, tl~r~gh ax dex it, mat it has g~~d xight and Iavvf-n1 a-~thrsxity tc~ °ant e above-desczzbed ~°i~ht-~f ~vay and that the saz~ze is a~nenc~.abe~°ec1. exe the context ~f tlxls I~ight~~f~a~r Teed a.lls~~rs ~r penits, e scene s I incl~cie e success®xs ~~° assigns ~f the parties. ~'® IV'Il ~NI~ T~ ~-T®LI~ ~'~-~E ~1~1~, t®~ether ~rrth ail aid sin~t~lar tl~e apptenanccs thexetc~ belc~r~ging ~x in anyvaise incident ~x ~plaertaia~i~g, and a.11 the estate, right, title, interest, and clairxz vahats®ever ~f the said p ~ the fixst part, in Iav~r ®~° in equity t~ the only px®per ~.se, benefit, and behalf csf the said ply ®f the second part, its s~ccessmrs aid assigns. III ~TIT'I~~S I~E1®I~, said. pax~.y ~f the f~~°st paxt has hexe~nta set their hand and seal the date first ab~s~re Mitten. 321 IiT.E. n~ A~I1`1UE,1..1...~. Icy: ~e®rge Risc~lo its: Managing Member ~ The fc~reg~ing i~,str~x~exat vase aclcnawledged bef®re rye this ~'~"" da~r rsf 200, by ~:~.~' ~ ~;~, vahc is pers~n~lly I~nea~~ tm me ~r has pr~d~ced °~~-~._.-~_ as identificati®n. ~°°" ..~ Signature ~f Notary Public ~- 1 ~ ~~ 1~Y ~~tIS59('}I~i EXAiR~S RPR. ,2Q1 2 SKETCHOFDESCRIPIION ., ~.~ ._, _..~._ ~ _. __.__. ~~___._ ~,:~.~~,..,:....xar,~~~,~~ o t~" DU ~9'Z8"~~' ~~.Of~' ~ x c'y LDT 9 B~,OC~C $1 ,~~~`°ITt43f~! OF ~®©~T~DFlAL. ALLEY 1NAY ®T l0 BL(1C"~ 81 'S'HE EAST 2.0 FEET Q~' LC3T 9 BLt~GK ~i ~E THE PL~eT' C?~ SlJE3DIVISfO~i OF ~LCfCK 8'9 C1F ~3El..R.q`C . 8~.~~i AS RECC9R~3ED ~N ~L.AT Bt3~K i i ~'A~E 32 C?E T~dE PUBLIC RECORDS OF ~A~.IV€ EiEA~H C~t~TY FL4RIQA. Nod` ~o ~GaL~ THIS IS NOT A SUI4VEY ~enne~, burgess, xnc. ®~ ] B.E. 4th Ave., Su'tte 205 C3elray Beach, FL 33483 Phone 5oi-243-4624 Fax 243-4869 West Palm 735-7639 Wesi Patin Fax ?35-7641 Too Free 1-800-773-5531 Fax Free 1-800-954-4408 Nat uasid unless ;~~i€;d v:tt~. embas5ed Authorization NumbBr L.665Q~t $~N~'yat"5 Sedi t hereby certify that the SKETCH OF r~ESCRIPTiO~t . s~in'~vn hereon meets th in~rnum tectznicat standards Set Earth ir'Chdpier fi1G1?-6, Florida tiiini rative Code pursuant to 5ectian •*:`Z.027, F'iarida Statute ,~ a "7 s ~,..., A. .1..5. No. 5089' ~/ ~/ ~/ w C7 O w C7 ~/ O O N MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Asst.City Engineer Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 16, 2008 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ACCEPTANCE OF SEWER EASEMENT DEEDS/ARNST OCEAN AUTOMOTIVE ITEM BEFORE COMMISSION Acceptance of two easement deeds, one from 3538 Holding Corporation fora 12-foot sewer easement at Arnst Ocean Automotive; and the other from Clarence Wolf Trust for the 12-foot sewer easement that extends into the south property adjacent to Arnst Ocean Automotive. BACKGROUND Arnst Ocean Automotive is located at 222 N. Congress Avenue, they installed a new sanitary sewer line in order to provide service to their new warewhouse building. The new sanitary sewer line is connected to the City's existing system at the south property adjacent to Arnst Ocean Automotive and extends though Arnst Ocean Automotive to the new warehouse building. RECOMMENDATION Staff recommends acceptance of the sewer easement deeds. Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of 2008, by and between 3538 HOLDING CORPORATION, with a mailing address of 222 N. Congress Avenue, Boynton Beach, FL 33445, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a sanitary sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sewer main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to- wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #l: ,~ i {name printed ar~typed} WITNESS #2: ., ~~~. `~ ~ ~m (name printed or typed} STATE (>F ~~~-~~' COUNTY ~F ~,~~`~`~ C(~ PARTY ®F TFIE FIRST PART The faregaing instrurr~~nt was acknowled ed 'before me this day of ,~ , 20~ by ~~ ..-~ °~~'~ (name of officer or agent), of (rgarne cif c;orporatian}, a ~- (State or place of incorporation} corporation, an behalf of the corporation. Ike/She is personally known to me ar has produced (type of identification} as identification an did/did not talcs an oath. ~° ~' .~ Signature afNotary Public - State of ~ ~' ~"~ SEAL -=as~`Y~r' ELAN KF3EINpEL ( } =*: CCrimmission DC? G43~8#I.:: -~' Expires May 3, 2(111 '~~;;, sor~leamn~Tro,,Fe~n~wrm~an~/~p1~ 2 SfC~T~H ®F . DFS~F~IPTf~~f FXf-flBl T 'A„ SHEET J OF 1 XYZ PLAT (PLAT BOOK 42, PAGE 39) NOTES• THIS iS NOT A SURVEY =CENTERLINE THE NORTH LINE OF LOT 1 IS ASSt1MED TD BEAR N.88°14'35"W. N.88°14 W~ }~„ ~~ ~Q 0 o~ O ~ ~N ~ Q~ J Q ~ o0 W ~2.a~' IV.88°14'35"W. NoT PLATTED DESCRIPTION.• THE EAST 12.0 FEET OF LOT t, CE. WOLF SCIBDIVISIOIV, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BODK 44, PAGE 109, PCIBLIC RECORDS OF PALM BEACH COCJNT Y, FL DRIDA. 60.0' ~ o 1 N ti W U U's ~~ r(~„~ vJl z ~- ~~ PAUL D. ENGLE S1JR t~EYDR AND DATE JUNE 22, 2006 #5708 DRDER ND. 06-88EA(1~ Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of 2008, by and between with a mailing address of 1058 SW 24~ Avenue, Boynton Beach, FL, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a sanitary sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sewer main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to- wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #I: (name printed or typed) PARTY OF' THE FIRST PART ~ ~' ~ ~ , y: .~ _f The foregoing instrument was acknowledged. before e this ';~ day of ` .~~%__, 2Q by ~~~~~~ ~,~.~ .~ _ {name of officer or agent), of {Warne of corporation), a (State or place of incorporation) corporation, on behalf of the corporation.. He1She is personally known to me or has produced ~"~~~~;~.- ~„~ ~~ ~, _ (type of identification) as identification and did/did not take an oath. ~ ,_ ~.... ., ~~.., °~-~' a ~ ,.m.~..~..~ ...~ ~. n,~,,.m. ~ ~~' .:_.,, Signature of ,_ ~ot~~=y ~P~zblic - State of "~~,"~n~,::~ (SEAL) ~ * - ~~r~~~~~~vts terry A~cic, s~1a~i -, ~~~ 2 STATE OF -~ ~r~o~~.^~. COUNTY OF``~g, Y"~'~„~~._ ~SKET~i~-~ ~F DES~RIPTIC~IV EXf-IIBI T 'A " SHEET 9 OF 2 z~ ~z ~U ~ OW O ~~ ~~ ~ ~+ W~ LOT 1 CF WOLF ""°"" - ~°° Sf1BDIVISIDN &0 O~ (PLAT BOOK 44, N.88°14'35"W. PAGE 9019) ~.~ (~0' ~ ~ ~°, p ~. W i ~ CO NOT PLATTED ~~ ~~ O~ Z z ~i O Q ~ ~a ~O Z h W 12.0' PoB. -- N.88°14'35"W. NO TES• THIS IS NOT A S[JR~/EY = CENTERLINE THE WEST RIGHT OF WA Y LINE FOR CONGRESS A ~/ENUE IS ASSUMED TO BEAR N.D°46'32'E P.O.C. =POINT OF COMMENCEMENT P.O.B. =PAINT OF BEGINNING W~ ~I OI 1 853.95' N.88°14 35"W. ----~-- -- _ ~ -- ~w~ 6Q0, ~ ~ ~ ~uj ;.- ~ ~-.i SOUTH LfNE OF N 9/2 OF S.E. 9/4 W ~ ; OF N.E.1/4 DF SECTION 18- ~ ~~ p ~ LINE 'A" ~~ N.88°14 35 "W. v 4 PA(1L D. ENGLE °~ SURI/EYOR AND M ER #5708 DATE: JUNE 2.2, 2006 ORDER N0. 06-88EA(2) SK~T~~-! ®~ L~~~CRIPT10~1 EX~flBl T `A SHEET 2 OF 2 DESCRIPTION• THE EAST 120 FEET OF THE FOLLOWING DESCRIBED PARCEL. COMMENCING A T THE INTERSECTION OF THE SOUTH LINE OF THE -NORTH HALF (N.1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (N.E.1/4) OF SECTION 18, TOWNSHIP 46 SOUTH, PALM BEACH COUNTY, FLORIDA (HEREINAFTER REFERRED TO AS LINE 'A'}; WITH THE WEST RIGHT OF WAY LINE OF THE SEABOARD AIR LINE RAILROAD; THENCE NORTHERL Y, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 625.00 FEET,• THENCE WESTERL Y, PARALLEL TO SAID LINE "A'; A DISTANCE OF 853.95 FEET TO THE WESTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE AND THE POINT OF BEGINNING,• THENCE CONTJNUE WESTERLY TO THE EASTERL Y RIGHT OF WAY LINE OF THE LAKE WORTH flRA1NAGE DISTRICT CANAL E-4; THENCE NORTHERL Y, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 100.1fi FEET; SAID POINT BEING 98.0 FEET, MEASURED A T RIGHT ANGLES, FROM THE SOUTH LINE OF THIS PARCEL; THENCE EASTERL Y, PARALLEL TO SAID LINE 'p " TO THE WESTERL Y RIGHT OF WAY LINE OF CONGRESS A VENCIE; THENCE SOUTHERL Y, ALONG SAID RIGHT OF WA Y LINE, A DISTANCE OF 98.01 FEET TO THE POINT OF BEGfNNING. DA TE.° JUNE 22, 2006 ORDER N0. 06-88EA(2) ~/ w O O H Q Z Q W U O Z Q 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 2, 2008 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 20, 2008 CHANGE ORDER NO. 1/THE WEITZ COMPANY/SEACREST SOCCER COMPLEX PROJECT #2004-051 ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 to The Weitz Company for an eighteen (18) day extension of time to complete the Seacrest Soccer Complex Project #2004-051. BACKGROUND At the request of the Palm Beach County School Board, due to the Florida Comprehensive Assessment Testing (FLAT), all construction activity was suspended during FLAT testing. The Soccer Complex is located at the Old Atlantic High School site which is temporarily housing Forest Park Elementary School. FLAT testing was conducted February 12th-15th and March 12th -26th. The Weitz Company has requested additional time to complete the Seacrest Soccer Complex Project as a result of the FCAT delays. Change Order No. 1 is a zero dollar change order. The time extension adjusts the original date of substantial completion from June 9, 2008 to June 27, 2008; and adjusts the date of final completion from July 9, 2008 to July 27, 2008. The Weitz Company's request is attached as Exhibit "A". FUNDING SOURCE The funding source for the Seacrest Soccer Complex Project is 380-4150-572-63.49, but no additional funding is required for Change Order No. 1. RECOMMENDATION Staff recommends approval of Change Order No. 1 to The Weitz Company for an eighteen (18) day extension of time to complete the Seacrest Soccer Complex Project. cflTY ®~ I3ELRAY >aEACx CHANGE ®RI)ER T® ®ItIGINAL C®NTRAC'1(` CHANGE NO. fl PROJECT NO. 2004-OSfl DATE: PROJECT TITLE: Seacrest Soccer Complex TO CONTRACTOR: TI>e Weitz Company YOU ARE HEREBY REQUESTED TO MAKE THE f'OLLDWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVIaNANTS. JUSTIFICATION: An eighteen (1 S} day extension of time to complete the Seacrest Soccer Complex Project per the attacbed Exhibit "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $2,999,723.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ~ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,999,723.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ p,p0 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 52,999,723.00 T®TAL C®NTRACT TIME WILL RE INCREASES BY IS I;sAYS CERTIFII~D STATIIvIENT: I ~iereby certify tciat tiie Sl:€~~'inrtireg CGSt data lricluded iS, 1~1 rrEy COi~Sidered dpii]lur~, acc~ate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. The Weitz Company (Contractor to sign & sea(} TO BE FILLI/D OUT BY DEPARTMENT INITIATING GRANGE ORDER funding is ava((a61e from account: DEPARTIvIEIv;T FUNDING DI/LRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk CERTIFIED BY S:1En~AdaunlProjec€s',2©64~26o4-GS I lOrrICiAL1C0 t Weitz CrC [7520Qft.doc Ke~crne~®v~s~i, Carolanne Fr®rri: Joe Whalen [Joe.Whaien@weitz.com] aen~: Tuesday, April 29, 2008 9:48 AM To: Ballesterq Rafael Cc: t~iaz, Jabiei; Kucmerowski, Carolanne Subje~~: FCAT Testing ©eiays - ~SSC Rafael, ~ ~ As discussed in previous meetings, the unfarseen delays caused by the suspension of all construction activities during tkze adjacent Schools FCAT testing has put the Delray Seacrest Soccer Complex Project slightly behind schedule. We have attempted to make up for this last tame, however 5o far, we have been unsuccessful in archiving our goal of recovering from this delay. Although we wall continue to attempt to better our project schedule durations, I would like to request a $D.00 change order for a "tame extension onlyC' to make up for this unforeseen delay to the project schedule. The GMP project value was based an a six month work schedule {183 calendar days) with a substantial completion date of June 9th and a final completion date of July 8th, "~'he FCAT testing delays (February 12th - 15th and March 12th - 25th} have resulted in 18 calendar days of lost time (14 warkang days). This requested change will result in a new substantial completion. date of June 27th arzd a raew final completion date of July 26th. Please da not hesitate to contact me should you require any additional information or documentation. Thankizig you in advance, Joseph Whalen Project Manager Tfie Weitz Company Delray 5eacre5t Soccer Complex South County Regional Park 1720 Centrepark 7~rive East West Palm Beach, Fl 3340. Phone: 561.687.4839 Fax: 561.681.3338 Mobil: 561.723.2565 Joe_whalen@weitz.com www.weatz.com BiJILI] IN GOOD COMPANY 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 13, 2008 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SFWMD ITEM BEFORE COMMISSION Approval of an application to South Florida Water Management District (SFWMD) for an Alternative Water Supply (AWS) grant for the 2008/2009 annual grant cycle. This grant will provide supplementary funding for the next phase of construction of the City's Reclaimed Water Transmission System. BACKGROUND The City has been successful in its pursuit of SFWMD grant funding in conjunction with the District's Alternative Water Supply Grant program over the past four years to help fund our reclaimed water transmission system expansion. Our most current award was in the amount of $619,700 and will supplement the cost of construction of our Area 4 expansion project which will provide reclaimed water irrigation service to the Del Aire Golf Course. The 2009 cycle for grant applications ends in June and we will, once again, solicit the District for supplemental funding for our next reclaimed water project which will implement reclaimed water on the barrier island. The project scope for which funding will be sought includes modifications to our booster pump station on NE 4th Avenue and NE 3rd Street to install reclaimed water pumping capacity. Also included will be the installation of a transmission main along NE 1st Street to the Intracoastal Waterway, connecting to an existing pipe crossing of the Intracoastal Waterway, and extension of the transmission and distribution network on the barrier island from Atlantic Avenue to Beach Drive, delineated as Area 11A on the attached exhibit. This is the first phase of the Area 11 system expansion which, when complete, will provide reclaimed service between Atlantic Avenue and George Bush Blvd. Phase 11A will generate approximately 0.234 mgd of additional reclaimed water demand which will reduce demand on the City's drinking water system by an equal amount. The grant request is fora 40% funding level, or approximately $1.1 million and has a submittal deadline of June 2, 2008. RECOMMENDATION Staff recommends approval of the grant application. Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Alternative Water Supply Funding for FY2009 Table of Contents Part 1 ........................ Project Summary Part 2 ........................ Project Details Part 3 ........................ Project Background and Supporting Information Appendix A ............... Contract Documents and Agreements Supporting Documentation Appendix B ............... Permit Supporting Documentation Appendix C ............... Water Supply Plan Project Supporting Documentation Appendix D ............... Interlocal Agreement between the Cities of Delray Beach and Boynton Beach Establishing the Regional Facility -South Central Regional Wastewater Treatment and Disposal Facility Appendix E ............... City of Delray Beach Capital Improvement Projects (CIP) Table Appendix F ............... City of Delray Beach Water and Wastewater Rates Information Appendix G ............... City of Delray Beach Reclaimed Water Rates and Ordinance Appendix H .............. City of Delray Beach Reclaimed Water Master Plan (select sections) Appendix I ................ City of Delray Beach Water Use Permit (select pages) Appendix J ............... Electronic Files (Autocad Maps and Word Documents) Page 1 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Alternative Water Supply Funding for FY2009 Instructions for Providing Information The attached forms must be completely filled out with responsive statements. This information request is a Microsoft® Word file. Type responses below the appropriate question. Please include all requested documents, and provide complete answers to all questions. The application is organized into three parts: Part 1 -Project Summary, Part 2 -Project Details, and Part 3 -Project Background and Supporting Information. A Response Checklist is provided to facilitate final review of proposal format and content. The items requested must appear in the order that they are requested. The Acknowledgement Form must be signed by a responsible party representing the entity applying for grant funds. The District cannot contract with consultants. Grant applicant refers to the entity applying for funds and executing the contract. Failure to properly complete the forms or answer questions may result in a project not being considered for funding. If a question is not applicable to your facility or project, please say so, rather than just skipping the question. While complete responses are important, please be brief and concise. Each proposal should be limited in size to materials that can fit in a 1" binder or less. Please provide an electronic copy in Microsoft® Office Word format of the responses to this information request, as well as 10 paper copies. Clearly mark the original copy as "Original Copy". Do not submit the application in .pdf format. Excerpts from existing documents, such as permits, can be in hard copy only. Statements of work and deliverable schedules must be part of this application. The completed form must be received on or before 3:00 pm on June 2, 2008 and should be addressed to: Alternative Water Supply Program Attention: Ms. Jane Bucca Water Supply Department (Mailstop 4360) South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 (561) 682-6791 (800) 432-2045, ext 6791 For hand delivery, please bring items to the B-2 Building Lobby. AWS Funding Program Website The application and examples can be accessed on the District webpage, www.sfwmd.gov, by clicking on the following links: "What We Do", then "Water Supply", and then "Alternative Water Supply." Click on the "Funding Assistance" tab. Page 2 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Alternative Water Supply Funding Program Application Response Checklist The Response Checklist is provided to assist the applicant when filling out the application. It should not be relied upon in lieu of the instructions otherwise provided within the document. The applicant should read the entire application thoroughly. There is no requirement to complete this checklist. Application submitted by June 2, 2008 at 3:00 p.m.. Part 1-Project Summary is complete; Table 1 has been completely filled out. Part 2- Project Details is complete; Figures 1, 2, 3 have been attached where requested in the document. Table 2 has been completely filled out, Table 3, the deliverable schedule, is com lete Part 3- Project Background and Supporting Information is complete, including Tables 4 & 5, the Water Suppl plan pa e, and Rate Information Responses have been typed below the appropriate questions or in the space indicated. No uestion has been left blank without indicatin that it does not a I . The FY 2009 Alternative Water Supply Funding Program ACKNOWLEDGEMENT has been completed, si ned, and notarized Appendices A, B, and C have been attached. An electronic copy of the proposal in Microsoft® Office Word format has been provided. 10 copies of the proposal, including clearly marked original, have been submitted. Each proposal fits in a 1" or less binder. Page 3 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) PART 1 -PROJECT SUMMARY Project Naming Convention: Because numerous projects from the same entity often apply for funding in the same funding year, please follow this naming convention to help the SFWMD reviewers to properly identify projects, and phases of projects previously funded. The project name should show the entity applying, and a specific title of the construction project for which funds are being sought. Water made available and geographic identifiers are recommended if several similar projects will be applying this year. Correct: Palm Beach County 3 MGD Century Village Reclaimed Water Facility, Phase 1 Incorrect: Palm Beach County Reclaimed Project City of Delray Beach Area 11 Reclaimed Water System (Phase A) Project Name (if this is a multiyear project, please use the multi-year project name followed by the phase name or number for which funding is being sought -see example above) Citv of Delrav Beach Palm Beach 59-600308 County where project is located* Grant Applicant Federal ID Number Lat 26° 27' 48.9" N Long 80° 03' 45.46" W Lower East Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Rene L. Mathews P.E. President Consultant/Contractor Representative 561-478-7961 Mathews Consulting, Inc. Company Name Page 4 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Short Description (two to three sentence description of the project phase for which funding is being reauesteq Construction of reclaimed water transmission and distribution system consisting of a reclaimed water booster pump station, 8,740 LF of 6-inch, 3,150 LF of 16-inch, 2,750 LF of 18-inch piping, etc. and associated valves and piping appurtenances to serve the Area 11, Phase A reclaimed water service areas. Alternative Water Source: (check the applicable boxes) ^ Seawater ^ Brackish water from aquifer ^ Sources made available through new storage capacity: ^ Aquifer Storage & Recovery (ASR) ^ Above ground impoundment ® Reclaimed water ^ Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Project Summary: Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. Table 1 -Project Summary Quantity of Water Made Available (mgd) This Phase b Au ust 28, 2009 Total Project 0.234 m d for Area 11, Phase A 4.84 m d for Areas 1, 2, 3, 4, 11, 12, and 13 Project Completion Dates This Phase Au ust 28, 2009 or earlier Total Project Au ust 28, 2009 Au ust 1, 2012 FY2008 SB444 SFWMD Funding Amount Awarded Amount to be expended b Au ust 28, 2008 $619,700 FY 2008 Total amount of $619,700 will be expended prior to Au ust 28, 2009 Page 5 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) PART 2 -PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWs be concise and to the point: one page is preferable; no more than two pages are recommended. A. Introduction/Background (4 paragraphs or less) The City of Delray Beach has established new alternative water resource goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 11" as the fourth phase of City's total reclaimed water system, which will provide up to 0.234 mgd of additional reclaimed water use. The City plans to implement other phases of the Master Plan on a continual basis over the next 5 years. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. B. Objectives (1 - 2 paragraphs) The objective of this project is to implement the fourth phase of the reclaimed water system within the City of Delray Beach and to promote up to 0.929 mgd of additional reclaimed water use. C. Scope of Work (1 - 2 paragraphs) This project consists of construction of the Area 11 - Phase A reclaimed water transmission and distribution system consisting of approximately 8,740 LF of 6-inch, 3,150 LF of 16-inch and 2,750 LF of 18-inch reclaimed water main, and associated valves and piping appurtenances to serve the Area 11 - Phase A residential neighborhood and two (2) City Parks. The project also includes modification of an existing in-line booster pump station to serve the reclaimed water transmission system. Project Maps (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1 -Project Location -City or town map clearly showing the project location in relation to the nearest major street or road intersection. See map attached in this section. Figure 2 -Project Details -Project-level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the proposed project phase components highlighted, e.g., storage/chlorination tank). See map attached in this section. Page 6 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Figure 3 -Process Flow Diagram -For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. Not applicable. Page 7 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Figure 1 Page 8 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Figure 2a Page 9 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Figure 2b Page 10 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Figure 2c Page 11 of 26 d Z v d ~O L a V .O L Q N_ ~, ~ ~ LL LL 0 LL ~c C 3 o ° ~ ~ m L m N ~+ Y V N ~O ~ L O a ~, L ~ O L N ~ O "'' U N d ~ H ~ 0 0 0 N ~; r n ~n Q Q Q r Z Z Z ~ N co h~ N Q Q Q ~ Z Z Z ch u~ o ~ o 07 ~ Q Q Q Z Z Z 6~a •- r ~ o ~ Q Q ~ N z z z M "! N ~c c N O H R ~ o w V ~ r S L O r^ ~ O C Z '+ ~ o . c c° i ~ • Q ~ Z Q Z coo ri N Q z o u°' o cc' r ca °~ aj r c < ~ c i s ® N Q z M r < s ® .~ a~ .~ ~ S z < c ~ s ~ ~ ~ i U E ~ `. ~ a~ s N O N_ /~~ LL Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Table 3 -Deliverables Schedule for FY09 Phase Task No. Deliverable(s) Expected Completion Date Construction Cost ($) 1 Status Report Dec. 1, 2008 N/A 2 Status Report February 1, 2009 N/A 3 Status Report April 1, 2009 N/A 4 Status Report June 1, 2009 N/A 5 Construct in-line booster pump station modifications August 28, 2009 $765,300 6 Construct 3,150 LF of 16-inch and 2,750 LF of 18-inch reclaimed water transmission main August 28, 2009 $1,064,400 7 Construct 8,740 LF of 6-inch reclaimed water distribution main and associated valves and pipin appurtenances August 28, 2009 $965,200 8 9 10 11 Final Project Report August 28, 2009 Total * $2,794,900 * Deliverable/task descriptions and total cost should match the Table 2 information for FY09. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Correct: Installation of Floridan Well F-3, 16" diameter to an approximate total depth of 950'. Incorrect: Floridan well installation Correct: Installation of approximately 1,300' of 20" diameter reclaimed water main from XYZ Farms to ABC Road. Incorrect: 1,300' reuse main Correct: Construction of Floridan Well Head (Pumps, well discharge head, electrical equipment & control panel & well house) for well F-11 Incorrect: Well head construction Correct: Purchase and installation of two (2) RO skids RO 1 & 2, each 1 MGD Incorrect: Installation of RO skid Page 13 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A PART 3 -PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY09 funding is for construction that will take place between October 2008 and August 2009. It is very important that this project/phase be completed by August 28, 2009, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. Y N N/A • Have the project design and bid drawings been completed? N • Has a contractor been selected? N • Have all agreements, right-of-ways, etc. been executed? N The project design is 30% complete. The project is scheduled to bid between November and December, 2008. The Contractor will be given notice to proceed January 2009. List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Table 4 -Permits Permit Type Permit Obtained? Permit Date Agency Permit No. (Water/WW, ERP, CUP, Building) Y N (expected date if not obtained et None Required* *Only large (major) reclaimed water users greater than 0.10 mgd need to be permitted through the Florida Department of Environmental Protection. All users within Area 11 - Phase A will be less than 0.10 mgd. Page 14 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (if no, complete table below). Other items required before construction can begin (e.g., bidding, contractor selection Completion Date The project is scheduled to bid between November and December, 2008. The Contractor will be given notice to proceed January 2009. January 2009 3. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.gov, by selecting (1) "What we do" on the left list of options, (2) the desired region located on the lower right hand corner of the website (scroll to the list), (3) the "Documents" tab, and (4) scrolling to the appropriate appendix. If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. Delray Beach Areas 4, 6, 8, 11-13 Reclaimed Water System Name of 2006 Water Supply Plan Project 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. Not Applicable. 5. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The implementation of a reclaimed water system in the City of Delray Beach offers many significant and lasting benefits. First and foremost, the reclaimed water system will reduce the demands on both the surficial aquifer and on the City's potable water system. Secondly, the reclaimed water system will reduce the quantity of effluent discharged to the Atlantic Ocean via SCRWWTF ocean outfall. There are long-term financial benefits associated with the project as well. Water used for reclaimed water irrigation results in an equal amount of water not requiring treatment at the City's water Page 15 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) treatment plant, at a treatment cost savings rate of approximately $0.43/1,000 gallons. b. Show how the project reduces competition for water supplies. The project fulfills water resource goals of the City's SFWMD Water Use Permit. Additionally, the project reduces dependence on a traditional water source (surficial aquifer) identified by SFWMD as sources of limited availability, and reduces competition with other water users for the same source. The Project also increases the efficient use of reclaimed water as a source, and from a regional perspective, contributes to the use of reclaimed water where it is currently underutilized. This project facilitates surficial aquifer protection, and provides an alternative water supply that is consistently available year-round. c. Identify the traditional source being replaced and/or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. The traditional water source being replaced is the surficial Aquifer. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal-based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. The City implements many water conservation measures within its service area, including implementation and enforcement of a Xeriscape Ordinance, ultra-low volume plumbing fixture program, and water rate structure that promotes water conservation. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. The project proposes to provide an additional 0.234 mgd of reclaimed water to the City's reclaimed water system, at a capital construction cost of $2,794,900. This equates to 0.08 gallons of water supplied per day by the project for each capital dollar spent for construction. Indicate the percentage of the total water-producing capacity of the system that this project will provide. The City's total water producing capacity is 26.0 mgd. This phase of the project (0.234 mgd) represents 0.9% of the system capacity. The total project to date (3.447 mgd) represents 13.3% of the system capacity. Page 16 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? Yes. This is the main objective/goal of the project. For this project, the reclaimed water is replacing groundwater use. h. Is the project going to be implemented by amulti-jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. This project is part of the South Central Regional Wastewater Treatment Plant (SCRWWTP) Regional Reclaimed Water System which serves both City of Delray Beach and the City of Boynton Beach. Documentation creating the entity is provided in Appendix D. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in amulti-jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. The SCRWWTP Regional Reclaimed Water System long-term goal is to provide 100% reclaimed water treatment capacity and up to 100% reclaimed water use in the distribution systems serving the City of Delray Beach and the City of Boynton Beach. This project provides transmission and distribution system to reclaimed water users that will help utilize the 100% reclaimed water produced at the treatment plant. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? List any other grants being sought, and the expected date of approval. The City proposes to fund 60% of the project, with 40% cost share from SFWMD. The City is not a REDI community. No other grants are being sought at this time. k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. The City maintains a Capital Improvement Program for implementation of various utility projects, including the reclaimed water system projects. For the Area 11 Project, the City transferred from the W&S Fund to General Fund for administrative purposes $ 1,322,910 or 4.4% of total W&S fund, and transferred from W&S Fund to General Fund in payment of "In-lieu of Utility Taxes" 1,142,150 or 3.8% of total W&S fund. A copy of the City's CIP program identifying the Area 11 Project is included with this application in Appendix E. (Note: Irzcliccrtes F~'2006/2007 fnrcl,~~~t f'i,~lra•~~,,) Page 17 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. Page 18 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: 16,300 Total Number of Accounts Served: 20,820 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/8x3/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi-Monthly Quarterly Other: Specify X 1,000's Gallons Hundred Cubic Feet (HCF) Other: Specify Water Rates Minimurn/Base Charge Per Billing $13.53 (in city) Period: Units Volume Included in Minimum Charge: 0 gallons Volume Charge Per Consumption Unit Unit Breaks late 1 $1.59 Pei• Unit Range 1 0 to 3,000 Units late '~ $1.76 Pei• Unit Rzui~e 2 4,000 to 20,000 Unite late 3 $1.94 Pei• Unit Range ~3 21,000 to 35,000 Units late 4 $2.10 Pei• Unit Rzui~e ~ 36,000 to 50,000 Unite late 5 $2.40 Pei• Unit Range ~ 50,000 to + Units Rate G $ P~~- lTnit 1i:1n~~u 6 to Units Utility Tax Rate or Franchise Fee Rate: N/A Percent of Water Revenues N/A Water Bill for Single Family Residential User Consuming 7,000 gallons 25.34 (9.36 HCF) per Month When were these water rates last revised: October 1, 2006 Page 19 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Water and Wastewater Rate Information Sewer Rates Minimum Charge Per Billing Period: $14.94 Volume lncluded in 1linimum Chai'~e: 0 gallons Units Volume Charge Per Consumption Unit Unit Brelks Pate 1 $ 2.80 Per Unit P.an~e 1 to Units late '? $ Per Unit 1.an~e '? to Units late 3 $ Per Unit 1.an~e 3 to Units late 4 $ Per Unit 1.an~e 4 to Units late :~ $ Per Unit 1.an~e :~ to Units late 6 $ Per Unit l.an~e 6 to Units Maximum Consumption Units Used for SFII ~ew~er Bill Calctilation: Utility Tax Rate or Franchise Fee Rate: N/A Percent of Sewer Revenues N/A Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $34.54 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: ) When were these sewer rates last revised: October 1, 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $59 88 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4"). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Fee Total Water $400 Sewer $0 $788 $1,084 $1,188 $1,084 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Page 20 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Refer to Appendix F. Page 21 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) Water and Wastewater Rate Information Reclaimed Water Rates Minimum Charge Per Billing Period: $ll.59* Volume lncluded in 1linimum Charge: Units ~'Capacit~~ charge onl~~ applies to customer s who remain unconnected to available reclainicd scrv. Volume Charge Per Consumption Unit Unit Breaks late 1 $ 1.00 Retail Per Unit Range 1 to Units late '~ $ 0.26 Wholesale Per Unit Range 2 to Units 1.<lte 3 $ Per Unit liln~„e ~ to Units 1.<lte 4 $ Per Unit liln~„e 4 to Units 1.<lte 5 $ Per Unit liln~„e 5 to Units late 6 $ Per Unit lian~;e (~ to Units ~~1aY11llUtn COnBUtllptloll U111ts Used for Sf'1\ lieClaltlled Watel' Blll CalCUlatloll: Utility Tax Rate or Franchise Fee Rate: N/A Percent of Reclaimed Water Revenues N/A Monthly Reclaimed Water Bill for 0.25 Acre Single Family Residence: $7.00 (Note: if reclaimed water bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: 1 When were these rates last revised: May 17, 2005 Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the reclaimed water system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4"). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Reclaimed $400 $0 $400 Water Note: Hookup fee is charge for connecting user to reclaimed water system including installation of meter etc. Capacity or impact fee is charge for providing capacity in reclaimed water system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Refer to Appendix G. Page 22 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) 7. If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? The project is included in the City of Delray Beach's "Reclaimed Water Master Plan", November 2003 (reference Pages 5-29 through 5-32 in Appendix H). Implementation of reclaimed water is also included as a specific condition of the City's SFWMD Water Use Permit (reference SFWMD Permit No. 50-00177-W, Page 8 of 15, and Page 15 of 15 attached in Appendix I). Primary impediment to increasing alternative water supply use remains availability of funding for system expansion. The City aggressively pursues grants and budget line items through the State budget process to provide supplementary funding for annual projects. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. A copy of the City's service area boundary, existing and proposed reclaimed water distribution lines and reclaimed water end users is included with this application in Appendix J. FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. The City hereby confirms that reclaimed water use is metered at each major user, that the reclaimed water rate structure is based on actual use of reclaimed water (e.g. $/gallon), and that education programs are in place to inform the public about water issues, water conservation and the importance of proper use of reclaimed water. Education programs include, but are not limited to: • Public meetings specifically addressing the reclaimed water program • PowerPoint presentations for the reclaimed water program • Reclaimed water brochures • Water conservation brochures Page 23 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Table 5 -Reclaimed Water Users Name User Demand MGD Has an agreement been executed? Y/N Estimated Connection Date City of Delray Beach Veterans Park 0.012 N/A* December 2009 City of Delray Beach Municipal Beach 0.027 N/A* December 2009 Area 11 - Phase A Residential 0.195 N/A* December 2009 Total user demand 0.234 N/A N/A Proposed project capacity 4.84 total** N/A N/A *Ordinance in lieu of agreement **Includes existing, proposed and future phases. Page 24 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) South Florida Water Management District FY 2009 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Rita Ellis, Mavor , ("Authorized Representative of the project owner") this day of 2008, who, first being duly sworn, as required by law, hereby acknowledges: 1)The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2)The undersigned represents that the described phase of this construction project will be completed on or before August 28, 2009. 3)The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 15th day of January , in the year 2009 4)The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 28, 2009 and further understands that if construction is not completed by August 28, 2009, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2009. STATE OF FLORIDA COUNTY OF PALM BEACH Rita Ellis, Mavor By: Project Owner's Representative Print Name SWORN TO and subscribed before me day of , 2008. Such person(s) (Notary Public must check applicable box): [ ] is/are personally known to me. [ ] produced a current driver license(s). [ ]produced as identification: (NOTARY PUBLIC SEAL) Notary Public Page 25 of 26 Project Name: City of Delray Beach Area 11 Reclaimed Water System (Phase A) APPENDICES Appendix A -Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction/Background Section of the application) Bid Documents Contractor Selection Right-of-way or other agreements Draft Contract Documents for the project are attached. Appendix B -Permit Supporting Documentation (Attach copies of first five pages and the signature page of the ep rmits referenced in Table 4, Introduction/Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) FDEP Permit not required. Refer to Page 13 of 25 of this Application. Appendix C -Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F-1 in the case of the Upper East Coast Region) of the 2006 WSP) Water Supply Plan project page is attached. Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. 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Q O a a a Q ~ wwwwww¢'w W ~ w v w = a ~ v 9 n am ~ a~ ~~ - c v c c c AREA 1 1 B AREA 1 1 A MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas Smith, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 14, 2008 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER ITEM BEFORE COMMISSION The City Commission is requested to approve additional funding for the Hometown Connection Newsletter for the remainder of Fiscal Year 07-08. BACKGROUND Earlier in FY 07-08, separate purchasing levels were established in the amount of $14,999 for Pollack Communications for writing/design and CM Graphics for printing/mailing of the Hometown Connection Newletter. Additional funding will need to be authorized to produce the newsletter for the remainder of the fiscal year. The additional funding would cause the amount expended by each vendor for Hometown Connection to exceed the City Manager's approval level of $15,000; therefore, City Commission approval is being requested. To produce three more issues of Hometown Connection during this fiscal year, $1,501 in additional funding is needed for Pollack Communications and $9,726 in additional funding is needed for CM Graphics. The additional funding is available within the Public Information Office Budget. FUNDING SOURCE Funding is available from 001-1316-512-34.90 and 001-1316-512-47.10 after budget transfer. RECOMMENDATION Recommend approval of additional funding in the amount of $1,501.00 for Pollack Communications and in the amount of $9,726.00 for CM Graphics for the production of the Hometown Connection Newsletter for the remainder of FY 2007-2008. MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MAY 20, 2008 AGREEMENT /NEW INNOVATIONS/SUMMER ENRICHMENT PROGRAM ITEM BEFORE COMMISSION This item is before City Commission for approval of an agreement with New Innovations for a Summer Enrichment Program. BACKGROUND New Innovations has provided educational enrichment to our seven week Summer Camp Program for the last two years. Youth participants have demonstrated significant academic improvements through pre and post testing. New Innovations combines sensory experiences, music, movement and rhythm with study skills, and then ties these methods to the national and state standards. Services will include activity books, academic lyric packets, teacher manuals with academic CD's, pre and post assessments, and six academic facilitators for one hour per day, four days per week for seven weeks commencing June 23, 2008 and ending August 7, 2008. Total cost is $15,600.00 FUNDING SOURCE Funding to be provided through 001-4105-572-34.90 (Other Contractual Services). RECOMMENDATION Staff recommends approval of the agreement with New Innovations for a Summer Enrichment Program. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND NEW INNOVATIONS 2008 THIS AGREEMENT is entered into this day of May, 20[x8, between the CITY OF DELRAY BEACH, hereinafter referred to as "City" and NEW INNOVATIONS, hereinafter referred to as "Agency", having its principal contact at: P.O. Box 697 Boynton Beach, FL. 33425. lNITNESSETH: WHEREAS, the City desires to supplement the learning process by adding an academic enrichment program to its summer programs; and, WHEREAS, the City desires to contract with New innovations, who will provide a special enrichment program based on the latest brain research with arts-integration, sensory experiences, music, movement, rhythm, innovative activities, acceleration techniques and study skills tied to national and state standards. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: De~InItIOnS: a. "City" means the City of Delray Beach, Florida b. "The Agency" means New Innovations_ 2. purpOSe Oti WOrlc: The purpose of this Agreement is to state the covenants and conditions under which Agency will implement the agreed upon scope of wank supported by the allocation of award funds. 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 invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data has determined by the City), covering the month for which payment requested. Disbursements will be available approximately one month following the receipt of invoices by the Parks and Recreation Director or hislher designee. Services and payment of services will be provided according to the schedule listed in "~xhrbif A" All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the approved dollar amount of Fifteen Thousand Six Hundred and 001100 Dollars x$15,600.00) for the period of June 23, 2008 through August 7, 2008. The release of funds shall be subject to the approval of the Delray Beach Parks and Recreation Director or hislher designee. 3. Time of Performance: The effective date of this Agreement and all rights 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. The services of Agency shaii commence upon the effective date of this Agreement. Payment of associated and approved expenses incurred as of June 23, 2008 will be processed. All service required hereunder shaii be completed by Agency by August 7, 2008. 4. 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 ar 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 Parks and Recreation Director or hislher designee. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the New lnnovatian program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Parks and Recreation Director or hislher designee simultaneously with each invoice. Additionally, a final report summarizing results far the full project period (June 23, 2008 - August 7, 2008) is due within thirty (30) days of completion of the project. 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 shaii have the right under this agreement to suspend ar terminate payments until Agency complies with any additional conditions that may be imposed by the City. 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 August 7, 2008. 6. ether Program Requirements (Civil RightslResidentOpportunlties): The Agency agrees that na person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and vplunteers working with youth ar other vulnerablelprotected individuals. To the greatest feasible extent, low-income residents of the praject 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 praject. 7. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities ~thraugh 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 copies of transcriptions of such records and information as is determined necessary by the Gity. The Agency shall submit reports as outlined in Paragraph 5 and at other times upon the request of the City, information and status reports required by the Gity on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required. $. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available by Agency to the City 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 19$4, 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 within 1 SO days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the Agency's 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 andlor to conduct a jllimited scope audit" of Agency as defined by A-133. 9. 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 na person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, director indirect, in the activities provided under this Agreement which would conflict in any manner ar degree with the performance of this Agreement and that na person having any conflict of interest shall be employed by or subcontracted by the Agency. Any passible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shah be interpreted in such a manner sa 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. 10. 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 pf termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason ar no reason, terminate this agreement upon ten (10) working days written notice to the other party. lfpon termination, for convenience or cause, the City shall pay the Agency for satisfactory services rendered pursuant to this Agreement through and including the date of termination. 11. 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 Saw applicable to City employees relative to employment compensation and employee benefits. 12. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient Agency} certifies that it, its afFliates, suppliers, subcontractors, and consultants who will perform hereunder Dave not been placed an 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. 13. Copyright laws: The City of Deiray Beach agrees to abide by all copyright laws. The City agrees not to resell any materials awned by New Innovations; provided, however, all original songs produced shall be owned by the City. 14. Gaunterarts of the Agreement: This Agreement contains all of the parties binding representation to one another. Any amendment ar modification hereto must be in writing and is contingent upon approval by the City. 15. Hold Harmless and Indemnification Clause: New innovations hereby agrees 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 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. CITY OF DELRAY BEACI-I, FLORICA Attest: By: City Clerk Approved as to form: By: City Attorney Witnesses: ,~ BY: Rita Ellis, Mayar NEVIIIN OVATIONS By: Title: ~~~~~ 6 exhibit --A -- SCOPE OF' SERVICE SUMMER READING PROJECT 2008 Introduction The goals of the New Innovation's educational curriculum, resource materials, and staff development project for Summer 2048 with the City of Delray Beach Parks and Recreation Department are as follows: • New Innovations will implement the summer curriculum at each of the 3 Parks and Recreation Summer Out-of-school sites (Pompey, Pine Grove Elementary Schaal, and the Community Center}, for one hour, ~ days per week far seven weeks. • New lnnavations will administer pre and post assessments and provide detailed written reports of the collective assessment results • Through participation in the New Innovations summer curriculum, youth enrolled in the Delray Beach Safe Havenl Parks & Recreation Department Summer Camp Reading Program Out of School Program, will not experience the typical loss of skilll progress typically attributed to youth not engaged in educational programming. Outcome Measures to be Monitored h New Innovations • Monthly report to include the average of participants' pre and past test scares in reading and math and a % of increase in scares (due by the 10~ of the month far the preceding month) • Total, cumulative average of participants' pre and past test scores in reading and math over the Life of the 2007 summer project and °/o of increase in scares aver the duration of the project (due within 30 days of project campletian). Program Budget The fatal budget for the summer program is $15,350 which will be paid by the City of Delray Beach Parks and Recreation Department. A detailed budget is set out below: Item Description Price Quantit Total Specialized Kool Kidz 30.00 300 $9,000.00 Activity Books (including design fee) Paster Set 100.00 6 $600.00 Facility and Substitute Manuals 100.00 11 $1,100.00 with CD Staff Development $4,900.00 (including a total of six site facilitators that will supervise the academic program far ~ hour per day, 4 days per week for seven weeks; original academic songs and lyric packets and culminating show routine Total Price $15,600.00 Payment Schedule: Due approximately June 1, 2008 $5,150.00 Due half way through the summer project $5,225.00 Due after project completion and upon receipt of final report $5,225.00 Detailed Descri tion of New innovation Deliverables; New Innovations will perform the following services for the summer academic enrichment program: Specialized Koal Kidz consumable Activity Books These books are created to meet the needs of an innovative and enjoyable summer program. The books will be divided into two categories, kindergarten through second grade and third through fifth grade. The students will have interesting activities and projects that will teach essential academic topics taken from the Sunshine State Standards which are the academic standards in the state of Florida. Students will also have pre and post assessments at the beginning and ending of the summer sessions to demonstrate academic growth. The activity books will be composed of reading, mathematics, and writing across the curriculum. The program will be one hour per day on Monday through Friday. Students will have twenty minutes of mathematics, twenty minutes of language arts, and twenty minutes of physical games or activities related to academics. At the end of the summer session, students will have a completed Kool Kidz Activity Book and a completed Pre and Post Assessment Packet. Teacher Manuals with academic GD's The Kool Kidz teacher manuals provide instructors with detailed lesson plans. These manuals provide a syllabus for the summer program, and also give directions to play indoor and outdoor exercise. All lessons are based on best practices according to brain research. The manuals also have new academic CD's, music, and beats to aid in retention, transference, and application of material. New Innovations will also provide a special lesson package for field trips that review critical thinking skills and questioning techniques. This is provided so that field trips can be maximized academically. Staff Development The summer program will have six academic facilitators. Two site facilitators will be at each site for one hour four, days a week. The facilitators will administer and facilitate the program for the students. They will also prepare students for the academic CD, culminating show and administer pre and post testing. The Kool Kidz academic CD will have six original songs. These songs will be recorded in cooperation with the City of Delray Beach Teen Center and original lyrics will be written and put in a packet so that students have the opportunity to reflect upon information learned during the school year. The culminating show will be an academic demonstration by the students through music, drama, and movement for stakeholders. This show will demonstrate the effectiveness of the New Innovations Koal Kidz Program and provide an opportunity to share academic information with the community. It will also be a shining example of how entertainment, physical activity and academics can converge and be successful. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: May 14, 2008 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF MAY 20, 2008 AMENDMENT NO. 1/THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/135 N.W. 5TH AVENUE ITEM BEFORE COMMISSION Approval of an amendment to the Interlocal Agreement between the City and the CRA for renovations to 135 NW 5th Avenue. BACKGROUND At the January 3, 2008 meeting, Commission approved an Interlocal Agreement with the City for the management and funding of the construction/rehabilitation of the CRA-owned mixed-use building located at 135 NW 5th Avenue. Since the approval of the Interlocal Agreement, the City issued an RFP for the rehabilitation of the building, awarded the bid to Stuart and Shelby Development, and ultimately rescinded the bid award due to the lack of a performance bond, which was required to be included with the bid. At the May 6, 2008 meeting, Commission approved Amendment 1; however, the CRA's attorney drafted an alternative Amendment that also provided $30,000 to be funded by the CRA as a contingency and the CRA Board approved this new version rather than the one the Commission previously approved. FUNDING SOURCE CRA RECOMMENDATION That the City Commission rescind the Amendment 1 approved on May 6, 2008 and approve the attached Amendment 1 in its place. AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CONSTRUCTIONIREHABILITATION OF 135 NW 5T" AVENUE THIS AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTIONUREHABILITATION OF 735 NW 5TH AVENUE {"AMENDMENT"") is made this day of , 2008, by and between the CITY OF DELRAY BEACH, a Florida municipal ~rporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Construction/Rehabilitation of 135 NW 5"' Avenue on January 3, 2008 (the "Original Agreement"); and WHEREAS, the CITY has received and reviewed the proposals from contractors #o perform the repair and rehabilitation work on the Property, and as a result, the CITY and the CRA have agreed to amend the Original Agreement to provide for the revised costs associated with the construction and rehabilitation of 135 NW 5~' Avenue. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree to amend the Agreement as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Paragraph 3.1 of the Original Agreemen# in its entirety to read as follows: 3.1 Construction Costs and Administra#ive Fee. The CRA shall provide funding for the cost of the work performed by the con#ractar, in an amount no# #o exceed Six Hundred Forty Thousand Seven Hundred Twenty-Three and 001100 Dollars ($640,723.00), which includes contingency funds in the amount of Thirty Thousand and 001100 Dollars ($30,000.00) (the "Construction Funds"). The CRA shall not be liable for the payment of any funds in excess of the Cons#ruction Funds, unless the GRA Board of Commissioners has approved the expenditure of additional funds. In addition to the payment of the Construction Funds for the work pertormed by the contractor,, the CRA shall also pay the City an administrative fee in an amount equal to 2% of the cost of the work performed by the Contractor. Notwithstandin0 any increase in the amount of funds paid to the contractor by the City, the administrative fee paid by the CRA to the City shall not exceed Twenty Thousand and 001100 pollars ($20,000:.00). 3. All other terms and conditions of the Original Agreement dated January 3, 2008, as amended by the First Amendment, shall remain in full force and effect, except as amended herein. 4. The Amendment shall no# be valid until signed by the Mayor and the City Clerk. 1N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first.. above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Appr ved as to Form• r` City Attorney ATTEST: Diane Cvlonna, xecuti~e Director (SEAL) DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY gy. r ~ ~ ~~ air ~~ ~G../r.~ STATE OF FLORIDA 2 COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~~ day of /f~ ~ , 200$, by /~~~/ a.~ ~~ c. f w, c , as _I/r c 4 C ~~~1~ ~-,.--.,.3 (name of afracer or agent,. title of officer or agent), of ~ ~ ,z ~~ ~. ~-~ ~~ c :~ ,~ {name of corporation acknowledging), a v .z~ ,~ (state or place of incorporation) corporation, an behalf of the corporation. HelShe is personally known to me or has produced ~" ype of identification) as identifcation. ~- / .~.~~ N Public - St of Florida DNT:dnt ~:~nnna7o~aswnena ~ ~i~ cry ~~ new sty, ave).doc ~~~ .~~n ~~oo~r7~.o ,~ ,~ hEY i..e't :.SSICJN # DD447456 9~,~` EXp(RlS-Juoe22,2009 ~ffF LL° (~p71~8-t}t69 FlotldslVoOeryS~MCe.oom 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MAY 20, 2008 AGREEMENTY/MAE VOLEN SENIOR CENTER, INC./MEALS PROGRAM ITEM BEFORE COMMISSION This item is before City Commission for approval of an agreement with Mae Volen Senior Center, Inc. to provide congregate meals for seniors at Pompey Park Recreation Center. BACKGROUND Mae Volen Senior Center receives federal funding through the Older American's Act to provide free meals to qualifying people 60 and over. The Center is proposing a congregate dining site in Pompey Park which would serve the residents of the City of Delray Beach. The program would be open to any senior 60 and older and would provide a free lunch time meal to qualifying persons Monday through Friday. In order to have a free meal, participants complete a short assessment upon registration and then update it annually. Mae Volen Senior Center requests and accepts donations, but the Center never turns seniors away because of their inability to pay. Also, Mae Volen Senior Center would provide no-cost transportation to seniors who would eat at the new Pompey Park Senior Dining Site. RECOMMENDATION Staff recommends approval of a senior congregate meal site at Pompey Park Recreation Center. We feel that this agreement would be mutually beneficial to both Mae Volen and to the City of Delray Beach as it would encourage residents to utilize the facility and also provide through Mae Volen much- needed meals to our senior residents. Mae Vo(en Senior Center, Ir-c. The Lifeline for Seniors 45'E5 W. Palmetto Park Raad Boca Raton, FL 33486 Older Americans Act Con re ate Meals Pro ram; FACILITY AGREEMENT THIS AGREEMENT is made by and between the MAE VOLEN SENIOR GENTER, INC.; hereinafter referred to as the "MVSC" and the CITY OP DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY". In consideration of the mutual promises contained herein, the MVSC and the CITY agree as (allows: PART 'I --GENERAL PROVISIONS a) Parties to this agreement shall- cooperate in the provision of meal services per Department of Elder Affairs guidelines for a congregate meal program funded by the Older Americans Act. b) Service shall be provided Monday through Friday, except on official MVSC holidays that fall an a weekday, when meal service will not be provided by MVSC, as well as holidays that are observed by the CITY. (See attachment A far a list of MVSC holidays) c) Service shall be provided i) At no cost to individuals qualifying under USDA, OAA, or ether appropriate guidelines. ii) At the cost MVSC pays for each regular meal nr Kosher meal to individuals who da not qualify under such guidelines and who wish to participate nn a per meal basis. d} 1=or facilities that are also adult day care facilities, meals will eat be ordered nr served as an OAA funded meal to the following consumers in the fallowing programs (if applicable) as the cost for the meals is already included in the reimbursement rate far these programs. The adult day care will be responsible for provision of and payment for meals in these cases when a consumer is enrolled in: i} The Aged and Disabled Adult Medicaid Waiver participants ii} Any of the Medicaid capitated, long-term health plans or programs e) Donations and meal fees collected as part of the meal program shall be the sole property of the MVSC. f) A site manager, employed and supervised by MVSC, shall be present at all times during the daily operation of the meals program and shall supervise the collection of donations and meal fees. g) The congregate meal program shall be under the general direction of Elizabeth Lugo, PresidentlCEO, Mae Valen Senior Center, Inc. andlor her designee, telephone (561) 395-8920, who shall act as the MVSC's representative during the performance of this agreement. PART 2 ~- CITY RESPONSIBILITIES The CITY a) Without compensation ar payment in any form far space, utilities, or any other service, shall provide space that -shall serve as a food service area (sufficient to accommodate steam tables, space for preparing trays, clean-up areas, and a small storage space for supplies) and dining room service area sufficient to meet needs of potential consumers. MVSC and FACILIl"Y Site Agreement 200$ Page 1 of 5 b) Shall provide at it's awn expense, except the MVSC meal site manager, all personnel required to perform the services under this agreement and warrants that all such personnel are now or shaft be prior to providing volunteer meal support services qualified and, if required, authorized, permitted and/ar licensed under state and local law to perform such services. If volunteers cannot be provided by the CITY to operate the site, MVSC agrees to provide the volunteers to operate the site. c) Shall ensure that services received by the CITY follow the provisions of Part 1(a) and (B) of this agreement. d) Shall maintain, when applicable, an active permit to operate a load service establishment as required by Palm Beach County ordinance number 75-4. If the CITY does not have such a permit, the CITY shall obtain such a permit prior to initiation ofi service or authorize the MVSC to obtain the appropriate permit on its behalf for the purpose of this agreement only. The CITY shall bear the cost, if any, for the permit. e) In the event that the Pompey Park Recreation Center is not maintained by the CITY during the hours of 8 am through 6 pm, Monday through Friday, the CITY shall provide a key far the Pompey Park Recreation Center to the MVSC site manager. The CITY has stated that the building is open during operating hours and a key is not needed #o access the building, and therefore, will not be provided. PART 3 -- MAE VOt_EN SENIOR CENTER a) The MVSC shall provide catered meals that are prepared in an approved food establishment and in compliance with Chapter 64~E-~ 1 of the Florida Administrative Cade. Menus must meet the requirements of Title lfl-C of the Older American's Act and be approved by a registered dietician. b} The MVSC shall provide to the CITY, prior to using the Pompey Park Recreation Center premises, a certificate evidencing insurance coverage for comprehensive general liability in the amount of $1,000,000 per person, or $1,000,000 per incident of occurrence. The purpose of this insurance is to provide coverage for incidences that occur and that are directly related to the operation of the MVSC meal program. In the event the Legislature should change the MVSC's exposure by statute above or below ,the sums insured against, the MVSC shall provide evidence ofi the extent to that exposure. c) No onsite Toad preparation will be done by the MVSC. d) With the support of personnel supplied by the CITY, the MVSC shall ensure that areas in the Pompey Park Recreation Center used far the meal service program are correctly and thoroughly cleaned daily by the end of the meal service. e) The MVSC or its designated meal service vendor shall provide all necessary food service related supplies, including food containers, utensils, trays, paper goads, etc. Any property andlor fixtures installed or stored at the Pompey Park Recreation Center by the MVSC shall remain the property of the MVSC and may be moved at MVSC's discretion. f) At the Pompey Park Recreation Center, the MVSC shall place, or have placed the following equipment, in addition to daily flood service supplies, which shall remain the property of the MVSC unless otherwise specified below: g} The MVSC shall provide a current listing of all MVSC holidays for which no meal service will be provided at the Pompey Park Recreation Center. (Attachment A) h) The MVSC will ensure the current cast for meals for guests or other non-eligible participants is pasted at the Pompey Park Recreation Center by the site manager. PART 4 -SPONSORSHIP a} The CITY shall in publicizing, advertising, ar describing the Mae Volen congregate meal program always state "Sponsored by the Mae Volen Senior Center, fnc. and the State of MVSC and FACILITY Site Agreement 2008 Page 2 of 5 Florida, Department of Elder Affairs and Area Agency on Aging of Palm Beach/Treasure Coast, loc."" b) If the reference to the meal program is in written material, the words "Mae Volen Senior Center, lnc., State of Florida, Department of Elder Affairs, and Area Agency an Aging" andlor its' logo, shall appear in the same size letters and type as the name of this facility. c) This shall include, but is not limited ta, any correspondence or other writing, web sites, publications nr broadcasts that refer to the meal program. The MVSC will provide the CITY with a copy of the appropriate logos upon request. d) The CITY will provide copies of all current written materials publicizing, advertising, or describing the Mae Valen congregate meal program at the effective date of this agreement. The MVSC will review materials tv ensure that the materials meet above sponsorship requirements. The CITY agrees to make any required changes on the next printing cycle of any materials existing at the time this agreement is effective that require changes. e) The CITY agrees tv provide copies of any revised or newiy written materials publicizing, advertising, or describing the Mae Volen congregate meal program thereafter PR1{)R to publicizing them for MVSC to review to ensure sponsorship requirements are met. PART 5 -NON DISCRiM1NATION Both parties warrant and represent that all of their employees and participants in the program that will serve or be served will be treated equally during employment andlor services without regard to race, creed, color, national origin, religion ancestry, gender, age, marital status, veteran status, sexual orientation or disability. PART 6 -ENTIRETY OF CONTRACTUAL. AGREEMENT The MVSC and the CITY agree that this agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, term and conditions contained in the agreement may be added ta, modified, superseded ar otherwise altered, except by written instruction executed by the parties hereto. PART 7 -AMENDMENTS AND MODIFiICATIONS No amendments andlor modifications of this agreement shall be valid unless in writing and executed by each of the parties. PART 8 -EFFECTIVE DATE This agreement is effective on the date in which both the MVSC and the CITY have signed the agreement. PART 9 -TERMINATION There is no fixed expiration date. However, both parties reserve the right to terminate the agreement without cause upon thirty (30) days written notice to the other party. PART 'i 0 -NOTICE All notices required in this agreement shall be sent by certified mail, return receipt requested, and if sent to the MVSC, shelf be mailed to: MVSC and FACILITY Site Agreement 2008 Page 3 of 5 Contact Person: Elizabeth Iruga, President andlor her designee Mae Volen Senior Center, Inc Facility Name 1515 West Palmetto Park Road Street Address city, state, zIP Baca Raton, 1=L 33486 And if sent to the CfTY, shall be mailed to: David T. Harden, City Manager Contact Person: City of Delray Beach Facility Name 100 N.W. 15' Avenue Street Address Delray Beach, FL 3344 City, State, ZIP This agreement is enforceable under the Paws of the State of Florida. IN W[TNESS THEREOF, the parties hereto have caused this 4 page Agreement to be executed by their undersigned officials as duly authorized. CITY OF DELRAY BEACH ' Signature: Typed David T, Harden Name: City Manager Title: Date, MVSC Signature: Typed Name: Title: Date: Elizabeth Lugo President 1 CEO MVSC and FACILi'1•Y Site Agreement 20t)8 Page 4 of 5 ATTACHIVIENT A MVSC I34LIDAY LIST coos Tuesday, January Monday, January 21 Monday, February 18 Monday, May 2G Friday, July 4 Monday, September 1 Monday, Qctober 13 Tuesday, November 11 Thursday, November 27 Friday, November 28 Wednesday, December 24 Thursday, December 25 New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Thanksgiving Christmas Eve Christmas Day MVSC and FACIl.17Y Site Agreement 2Q08 Page 5 of 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 14, 2008 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF MAY 20, 2008 APPLICATION FOR RELEASE OF RESERVATIONS/MIDTOWN DELRAY ITEM BEFORE COMMISSION This item is before the Commission to approve and authorize the Mayor to sign the Application for Release of Reservations from the Board of Trustees of the Internal Improvement Trust Fund which recommends full release of the subject 20' road reservation. BACKGROUND Ascot Development is in the process of developing the old Blood's Grove property. As part of this redevelopment a 20 foot road right-of-way reservation needs to be released. The reservation was for the old alignment of Old Germantown Road at Linton Blvd. In the early 1990's the City realigned Old Germantown Road to its current configuration at Linton Blvd. As such the 20 foot road reservation is no longer needed for road purposes. FUNDING SOURCE N/A RECOMMENDATION Staff recommens approval ~ ' ~. ~~ a ^ ~~ ~ ~~, ~ ~ ~ A I~-. ^ -~ v ~ ^ . .. ®! ~ ^ ~ ~ a ~~~ i f .• e . ~~~~-~ ~ ~+~ d~.a~-i tea-, L Y, ^ ., L ^ ^ E - ~ G'I~I ~I~ ~..4~11 ~ -~ ~L~E~P~~ll~ I~ F3 ~x ~ ~¢.. ~ - ~~ ~ ice? ~ ~+~. _ ~~ F ~ ~~~ `~ ' ' r ~ _ ~ ~ a ~ ~~ ~ ~ - ~ t~ -~ ~~ r o ~ III ^ ~ ;~ ~, ~ - ~ ~ ~ ~~ _~'~~ t ~ ~, m n r i ~ o ~ Q ~~. ~ ~ ~~ _ _..~ x ~ f 0~ ,~ r ~ ~ ~~ ~ ~~ ~ ~~ _ ~ y _ Sal _IIN~ I~ i . _ . h'am' 1~' - - - - ~ ~~ It +L. •J Eii~Fm1 T~i~' i _. ~~ ^ r- 'ii _ ~ _ ~ Vie! _ ~ _ 1 . ~~raa~ . NN r ~~ • ~~~~~ _ ~1 ~~~~~~ ~ ~ ~ ~~ _ ~ _ ~' . ~-u~~ e ~~ ~ ~ 4 '~ ~~ _ a '~ ~ ~~~ r~ .. _ ~ ~_ ~~ .. ~t - . ~ ~~ - - _~ ~7~~u~a~ ~~~ ~~ 9e er r {~~ _ _ yy~~ ~"~ i~~~ .. ~^ -- - ~ ~~ - - - ~- - ~~ ^L' W C O ~~ I =a a° ~= ~ M r' Y° _ OHO ~o ~- o_ - a ~ ~ ~ 0 L N O G1 ~ ~ C~ U (~ N m N O O N r Ln MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: May 16, 2008 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF MAY 20, 2008 AMENDED GUARANTY AND WARRANTY AGREEMENT BOB FEDERSPIEL PARKING GARAGE ITEM BEFORE COMMISSION The items before the City Commission are Amended Guaranty and Warranty Agreements for the Bob Federspiel Parking Garage. BACKGROUND We have met with Block 77, Bill Morris and Current Builders, et al. and have agreed to enter into an Amended Guaranty Agreement and Warranty Agreement for the remediation work on the Bob Federspiel Parking Garage. I am awaiting these agreements and expect to have them before Tuesday evening. RECOMMENDATION The City Attorney's office recommends approval of these Agreements. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, City Engineer Richard Hasko, P.E., Environmental Services Director THROUGH: David Harden, City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF MAY 20, 2008 MEMBERSHIP/ICLEI (INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES) ITEM BEFORE COMMISSION Request Commission approval to join ICLEI (International Council for Local Environmental Initiatives) at an annual cost of $1,200.00. BACKGROUND Information about ICLEI was presented by the Green Task Force at the May 13 Work Session. The attached files present additional written information. FUNDING SOURCE Funding available from 001-2911-519.54-20 after transfer. RECOMMENDATION Staff recommends approval. About ICLEI Local Action Moves the World ICLEI- Local Governments for Sustainability (ICLEI) is a membership association of local governments committed to advancing climate protection and sustainable development. Since its inception in i99o, ICLEI has grown to include nearly i,ooo cities in the world, more than 350 of which are in the United States. At ICLEI USA our mission is build, serve, and drive a movement of local governments to advance deep reductions in greenhouse gas emissions and achieve tangible improvements in local sustainability. What does the ICLEI name mean? ICLEI was established as the International Council on Local Environmental Initiatives. The organization is now officially ICLEI-Local Governments for Sustainability. fCLEi members receive access to: ^ Clean Air Climate Protection (CACP) Software and training . Tools, publications and other resources ^ Performance-based campaigns and initiatives ^ State, Regional, National and International Peer Networking ^ Technical, policy and communications expertise and assistance ^ Annual training and leadership events ^ Recognition and Awards ^ Representation at international meetings "Embarking on an environmental program sounds like a great idea. But if you're a mayor trying to cut greenhouse gases, where do you begin? How do even know how to measure your current levels? That's where an organization called ICLEI-Local Governments for Sustainability can help." Newsweek, Leadership and the Environment issue, April i6, 200 Through this work, ICLEI helped local governments reduce their greenhouse gas emissions by 23 million tons in 2005 alone. This translates into about $60o million in annual cumulative savings, largely on energy expenditures. ICLEI will continue to empower local governments to set and achieve strong goals through the ongoing evolution of its programs, tools and other resources and through the establishment of comparative performance benchmarks for local action. Local governments have led the effort in recent years to envision, accelerate and achieve strong climate protection goals, and ICLEI is proud to support and facilitate their efforts to create cleaner, healthier, economically viable communities. Find about more about the benefits of ICLEI membership 0 z ~ . ~ ~ s ~ s ~ ao 3 ~ 3 ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ o , ~ 0 0 ° °- ~ ~a ~ ~ ~ ~ o o o a~ ~a ~ . c ~ ~ v ~ a N ~ c6 p i U S ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ bA O p ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c6 c N - v~ }, 6 ~ 6 ~ O s O Q - ca v ~ ~ s ~ ~ ~ ~ ca ~ ca s ~ bo o ~ .. ~ . ~ ~ ~ ~ Q c a Q O Q ~, ~ > o ao a~ L ~ a~ v a~ ca > ~ ~ ~ ~ O ~ _ ~ `° U T s = ~ O ~ bA ~ ~ O v O ~ j ap ~ Q ao ° ~ s ~ +~ Q °~ ~ ~ vi ~ i ~ ~ ~ ~ a~ ~ c° ~ ~ 3 Q ~ . ~ ~ ~ ~ v > ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ Q s O Q O v oo Q O ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ o ~ N in ~ ~ _ ~ ~ ~ ~ ~ ~ a~ ~ a~ ~ a~ `° 0 _ 3 --° ~ v ~ a~ ~ 3 ~ ~ o 3 ~ ° ~ o `~ L ao ~ a~ L ~ g s ~ s bA s ~ o ~ ~ Q T S ~ ~ ~ ~ ~ ~ ~ M O ~ ~ c6 in bA ~ > ~ ~ ~ ~ S ~ O ~ O O W J `~ O S O - S O- Q W J V 3 ~ ~ ~ ~ V N c6 bA O Qj N ~ ~ O ~ 30 ~ s N ~ ~ p ~ ~ ~ ~ -p ~ S ~ N > bA ~ O > c° O v s O ~ in - ~ ~ +~ I ~ O ca U O ~ O- U i U ~ bA c6 O Q ~ ~ ~ ~ ~ ~ ~ M ~ T -6 N 3 ~ ~ a ~ S T ~ ~ ~ ~ U ~ c6 N ~ T ~ ~ S Q ~ 3 ~ ~; ~ ~, ~ ~ v - ~° o ~ o ~ ~' o p p 3 O ca ~ s ~ ~ p p ~ ~ O a~ ~ ca ~ ~ U ~ ~ in ~ S ~ - ~ c6 ~ ~ Q Q ~ ~ ~ a~ O v a +~' m ~ m ~ s a~ s ~ -p ~ ~ ~ O in - ~ ~ O O O ~ ~ ~ p in -p ~ s i O -s ~ ~- ~ ca 3 ~ ._ O a ~ u ~ ~ ~ ~ ~ p N `~ ~ ~ W J ~ ~ ~ > c6 Z 3 ~° U ~ p - w ' ~ w b o - ca p °_~ ~' V - c° +-~ V - o - ~ ~ - ~ ~, o s o ~; ~ ~ ~ ~ ao ._ ~ a~ ~ ~ v ap Q o s ~ a~ ~ ~ ~ ~ ~ ca O ~ ~ ~_ ~ ~ s v ca ~ ~ ~ p ~ s Q ~ ~ ~ ~ ~, 3 Q ~ ~ ~ ~ ~ ~_ > o ~ a V ~, ~ a~ ~ a~ v ~ U ~ ~ ~ ~ ~ ~ ~ a ~' In ~ V ~ ~ In c6 T ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ N O ~ ~ N Q ~ bA 6 ~ Q ~ N ~ L s "U ~6 ca bA V a~ ~ a Q ~ ~ ~ ® ~- ~ - ~ ~ ~ ~ ~ ~ ~ U ca S ~ Q ~ ~ ~ ~ ~ ~ > N ~ ~n L O L s s ~ ~ v ~ d s N ~ O s '-' V ~ ~ L °~ in ~ 0 ~ o ~ 6 ~ ~ ~ V ~ -° bA bA s ~ in ~ ~T 4J p ~ ~ Q ~ ~ ~ ~ v ~ p ~ ~ ~ ~ a~ ~ O ~ o~ ~ ~ ~ ~ V ~ ~ a V O ~ ~ to _ ~ S N to +~~ .~ N W ~ ~ U W U c6 fl- ~ ~ J In J Q ~ c6 V - c° ap V - ~ v ~ ca s v '~ N ~ O ~ bA ~ p . ~ ~ ~ ~ _ ~ s ~ U ~ Q ~ ~ 3 ~ ~a Q ~ - ao Q o ~ ~ ~° ~ v bA ~ ca ~ ca v o ~ ~ ~ ~v ~ o ~ a~ +, ~ ~ 3 ~ ~ ~ °' ~° ~ °' ~ - ~ ~ ~ ca ~ ~ a~ ~ J O U p in ~_ ~ ~ CJ U bA O bA ~ N ~ in L ca ~ N ~ i ~T ~ c a S N ~ a~ ~ c6 ~ ~ ~ ca N ~ -6 3 N v }' ~ to Q T ~ ~ ~ a~ ~ ~ ~ N ~ ~ ~; 3 ~ ~ ~ ~ Q ~ ~ ~ o ~ . o ~ ~ ~ o ~ ~ v ~ > O p by ~ ~ °- ~ o - a~ ca ~ +J ~ v v O ~ ~ p s +, ~ a~ O N ~ 3 a~ ~ c ~ a Q ~ ° a~ _~ In ~ ~ ~ ~ ~ Q T ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ c6 ~ ~ ~ ~ Q In N ~ ~ - ~ ~ bA ~ ~ O U ~ ~ ~ ~ V - Q ~ Q ca s ~ ~ bA s +~ Q 0 v ca a~ 3 v 0 0 a~ Q 0 a~ a~ a~ s a~ bo ca 0 v a~ a~ s 0 a~ 0 v a~ ca 3 v 0 a~ ap ca a~ a~ s v ca 0 bo o ~ 3 ~ a~ v ca ca a~ ~ a~ a~ bo ca ca a~ ca 3 v 0 ~; ~ o s ~ ~ ~ ~a ~ ~ ~ ~ ~ ~ ~ v ~ ~ o ~ ~ ~ ~ o 0 a~ a~ ~ O ~ Q O O ~ ~ ~ N ~ ~ ~ 3 3 ~ a~ ao ~ s ~ ~ o v ~ o - o Q 6 ~ in x ~ a~ °J +~ ~ ~ ~ ~ - ~ a~ a~ ~ s ~ T ~ ~ ~ N ~ ~ ~ ~ i ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ 0 3 ~ 3 4 ~ a~ a~ ~ s ~ ~ o ~ 3 a~ Q ~ ~ i °J ~ a~ s - w ~ a~ _ `,~ J ~ bA ~ in CJ ~ ~ ~ i U v i s .Q °o s Q S v ~ Q s o ~ ~ ~ ~ °' Q Q ~ s ~._:.~ .~ :~ Q o ~s o ~ - `Q T Q ~ ~ Q .U ~ ~ Q ~ ~ ~ c6 ~ Q ~ i Q S ~ N ~ ~ ~ ~ ~ bA in ~ c6 c6 S Q U U O L _ U ~ ~ ~ Q O ~ Q ~ Q ~ ~ O ~ ~ ~ N ~ bA ca ca ~ ~ ~ ca _U O ~ O ~ O ~ v o ~ a~ ~ ~ "' ~ N ~ -6 - c6 ~ o > L a~ Q p v o in ~ N U N v, - ~ N - v~ ~ ~ -6 > ~ ~ a~ a~ ~ ca ~ a~ o ~ ~ ~ Q ~ v s ~ ap o ~ o ~ L ~ w .~ > O J > ~ ~ Q V ~ ~ W J V 0 s a s 0 a s a 0 aA s a a 3 a s 0 0 U 0 S Q S O O O Q W J V s v ~ ~ 0 3 a~ ~ ~ ~ ~ > ~° o ~ 0 0 Q +, -a ~ ~ ~ s v ~ o Q ~ ~ ~ v ~ ~ ~ `+~ a~ u ~ ~ ~ ~ a~ a~ ~ v ~ ~ u -° o Q ca _ ~ ~ J ~ o V ra o ,,; v °J ~ ca ~ ~ vi o ~ ap v a~ 0 0 ~ Q ~ a~ ~ W ~ Q J V o o ~ ~ o ~ ~ c6 N ~ U U - U c6 Q M N ~ .~ c>6 ~ ~6 S c6 r6 in N M N N N ~ Q ~ ~ ~ N ~ V -a Membersip Dues Structure of Dues for ICLEI USA Full Membership: Local Governments Population Dues 1 - 50,000 $600 50,000 - 100,000 $1,200 100,001 - 200,000 $1,'750 200,001 - 300,000 $2,250 300,001- 500,000 $2,750 500,001- 750,000 $3,500 '750,001 - 1,000,000 $4,500 1,000,001 - 2,000,000 $5,'750 2,000,001 - 4,000,000 $'7,000 Over 4,000,000 $8,000 MEMORANDUM TO: Mayor and City Commissioners FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF MAY 20, 2008 SPECIAL EVENT REQUEST/4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4~' of July Festivities, to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 6~' Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to approximately midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, new large stage and small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. BACKGROUND Attached is the event permit, budget, site plan and activity schedule for this event. The 4~' of July Festivities are sponsored by the City through the Parks and Recreation Department in partnership with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with the fireworks vendor for the display and barge, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. There will be asand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade will start at 4:00 p.m., and entertainment will begin at 5:30 p.m. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well as the Marriott and restaurants on South Ocean Boulevard, will be set up along Ocean Boulevard and Atlantic Avenue selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display, barge rental, docking fees and other costs are approximately $89,800. The City contributes $40,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $32,425 and are paid for through the City departmental budgets. In addition, barricade rental costs, portable lighting rental costs, crowd pleaser and port-a-let rental and sound equipment costs are approximately $14,495, which are also paid for the by the City since this is a City sponsored event. The in-kind value of media and other event support is approximately $150,000. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and staff support as stated. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF MAY 20, 2008 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of May 5, 2008 through May 16, 2008. BACKGROUND 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 appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 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 agenda of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board - Meetin o~y 14, 2008 A. Approved (7 to 0), a request for a color change for Fire Station #2, located on the east side of Andrews Avenue, north of East Atlantic Avenue (35 Andrews Avenue). B. Tabled (6 to 1, Connor Lynch dissenting), a request for a color change for a perimeter wall for Spring Harbor, an existing multi-family development, located on the west side of Congress Avenue, south of Linton Boulevard (1495 Spring Harbor Drive and 1865 Linton Lakes Drive). The Board requested that the treatment of the sign copy located on the wall be provided. C. Approved with conditions (7 to 0), a Class II site plan modification associated with architectural elevation changes and associated site improvements for St. Joseph's Episcopal Early Childhood Academy, located on the east side of North Swinton Avenue, north of NE 22nd Street (2512 North Swinton Avenue). Concurrently, the Board requested that the applicant submit a revised photometric plan for Board approval. D. Approved (7 to 0), a Class III site plan modification associated with conversion of a 1,425 sq. ft. covered outdoor parking area to office space and interior renovation and expansion of the existing showroom for Ed Morse Cadillac, located on the west side of South Federal Highway, south of Linton Boulevard (2238 South Federal Highway). E. Tabled (4 to 2), a Class I site plan modification associated with installation of awnings on two structures for Maroone Dodge, located at the northwest corner of NE 6th Avenue and NE 7th Street (700 and 707 NE 6th Avenue). Concurrently, the Board requested that the applicant submit a revised photometric plan for Board approval. F. Approved with conditions (7 to 0), a Class II site plan modification associated with site improvements for the Hammock House, an existing multi-family residential development located on the west side of NE 9th Avenue, north of George Bush Boulevard (1000 and 1014 NE 9th Avenue). G. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of a 2,060 sq. ft. portion of the former FPL Building to a financial institution for IBM Southeast Employee Federal Credit Union, located within the Delray Park of Commerce on the east side of Congress Avenue, north of Lake Ida Road (1007 NW 17th Avenue). Concurrently, the Board requested that the applicant submit a revised photometric plan for Board approval. H. Approved with conditions (7 to 0), an eighteen month extension (expiring December 28, 2009) to allow the construction of 45 multifamily dwelling units, 35,647 sq. ft. of office floor area and 6,435 sq. ft. of retail for Parc Place North at Delray Beach, located on the east side of North Federal Highway, south of Gulfstream Boulevard (2507-2605 North Federal Highway). L Approved with conditions (7 to 0), a twenty-four month extension (expiring May 24, 2010) to allow the construction of a mixed-use development containing 104 townhouse units, 30 condominiums, 15,408 sq. ft. of retail and 6,825 sq. ft. of office floor area for Village Parc, located on the east side of North Federal Highway, north of Kokomo Key Lane (2001 North Federal Highway). J. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 22-unit residential development for 135, 145 & 169 SE 6th Avenue, located on the east side of SE 6th Avenue, between SE 1st Street and SE 2nd Street. Concurrently, the Board approved a request for a waiver to LDR Section 4.4.6(H)(3) which requires the provision of tot lots and recreational facilities for older children. The Board also requested that the applicant submit a revised photometric plan for Board approval. No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. -- Tabled (7 to 0) a waiver request to LDR Section 4.6.8(B)(3)(c), which requires a maximum illumination of 4 foot candles for parking areas (16.7 foot candles proposed) for Wal-Mart, located on the west side of Military Trail, south of Linton Boulevard (16205 Military Trail).The Board requested that the applicant submit a revised photometric plan for Board review. Historic Preservation Board - Meetin of~May 7, 2008 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the installation of impact rated aluminum windows for 51 North Swinton Avenue-Old School Square, which is listed on the National Register of Historic Places. 2. Denied (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a screen enclosure on the front facade of anon-contributing structure located at 615 NE 2nd Avenue. 3. Approved with conditions (7 to 0), a Class I site plan modification and a request for a Certificate of Appropriateness associated with exterior alterations for 263 NE 5th Avenue, Milton-Myers Post No 65 American Legion, which is individually listed on the National Register of Historic Places. 4. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for demolition of a non-contributing building located at 82 NW 5th Avenue. Concurrently, the Board recommended approval (4 to 3, Joanne Peart, Rhonda Sexton and Toni Del Fiandra dissenting) to the City Commission for a waiver to LDR Section 4.5.1(E)(7) which requires that the demolition of structures not occur until a building permit has been issued. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map SPRAB HPB A. FIRE STATION #2 1. 51 NORTH SWINTON AVENUE 8. SPRING HARBOR 2. 615 NE 2ND AI/ENUE C. ST. JOSEPH'S EPISC. EARLY CHILDHOOD ACADEMY 3. 263 NE 5TH AVENUE D. ED MORSE CADILLAC 4. 82 NW 5TH AI/ENUE E. MAROONE DODGE F. HAMMOCK HOUSE G. IBM SOUTHEAST EMPLOYEE FEDERAL CREDIT UNION H. PARC PLACE NORTH AT DELRAY BEACH I. VILLAGE PARC J. 135, 145, & 169 SE 6TH AVENUE N ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT MAY 2008 DIGITAL BASE MAP SYSTEM - - MAP REF: S:\Planning & MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: May 14, 2008 SUBJECT: AGENDA ITEM 8.Q.1 -REGULAR COMMISSION MEETING OF MAY 20, 2008 CONTRACT AWARD/CHAZ EQUIPMENT, INC./SANITARY SEWER MANHOLE INTERIOR REHABILITATION ITEM BEFORE COMMISSION City Commission is requested to approve the extension and renewal of the Chaz Equipment Company, Inc. annual contract for "Sanitary Sewer Manhole Interior Rehabilitation" at an estimated annual cost of $50,000. The extended contract would commence on October O1, 2008 and expire on September 30, 2012. BACKGROUND Sanitary sewer manhole interior rehabilitation is for the purpose of eliminating infiltration and inflow, providing corrosion protection, repair of cracks and voids and restoration of the structural integrity of the manhole as a result of the application of monolithic fiber-reinforced structural/structurally enhanced pure calcium aluminate cemetitious liner to the wall, ceiling and bench surfaces of concrete, brick or any other masonry construction material. The Sanitary Sewer Manhole Interior Rehabilitation, bid #2002-37 was original bid out and awarded to Chaz Equipment Co., Inc. on October O1, 2002 for four (4) consecutive terms of one (1) year at the same terms, conditions and price. Through-out the contract period, Chaz Equipment Co. has extended the same terms, conditions and prices of City of Delray Beach bid #2002-37 to many other state of Florida municipalities. Chaz Equipment's performance throughout the years has been consistently outstanding with their interior manhole renovation product (SewperCoat) of highest quality; this product has been the City's preferred coating system for lift station rehabilitations. FUNDING SOURCE 442-5178-536.63-82 W&S RENEWAL & REPLMT FUND WATER AND SEWER RENEWAL &REPLACEMENT PROD PHYSICAL ENVIRONMENT WATER/SEWER SERVICES IMPROVEMENTS OTHER SANITARY SEWER MH REHAB RECOMMENDATION Richard Hasko, Director of ESD, Victor Majenyi, Deputy of Public Utilities and Scott Solomon, Water and Sewer Network Manager recommend that the contract for "Sanitary Sewer Manhole Interior Rehabilitation", Bid #2002-37 be renewed and extended with the same terms, conditions and prices for another four (4) consecutive terms of one (1) year to maintain consistency of product and service on manhole renovations on an "as needed basis". ' • 3180 Fairlane Farins Road, Suite 1 Wellington, Florida 33414 Tel: (561y 333-2109 Fax: (561)333-2180 <.. ' Engineering Contractor February 14, 2008 Ms. Patsy Nadal Purchasing Manager City of Delray Beach 100 N. W.1 S Ave Delray Beach, FL 33444 Re: Bid #2002-37 Sanitary Sewer Manhole Interior Renovation Annual Contract extension Dear Ms. Nadal: The renewable extension limits for the above referenced Contract originally executed in October, 2002 will expire on September 30, 2008. Chaz Equipment respectfully requests that the Contract as executed in 2002 be renewed with the same terms, conditions and prices for another four (4) consecutive terms of one (1) year subject to satisfactory performance; and determination that the renewal will be in the best interest of the City. The new proposed term will commence on October 1, 2008. We have enjoyed working for the City of Delray Beach with this Contract and would be proud to continue to provide these services for another four (4) years without any changes to our unit prices as bid in 2002. We look forward to continuing a mutually beneficial working relationship with the City. The Contract terms do provide for annual price adjustments on each anniversary date based on the Consumer Pr'rce fndex -Southern States, Even though material prices have escalated substantially since 2002 (i.e. see attached ENR Index) Chaz Equipment has not requested price increases previously; and we are proposing not to increase prices in the next four years. We appreciate your consideration of this request. further questions please do not hesitate to call. Sincerely, w Ga{y Czajkowski, President Should you need more information or have any CC: Brad Miller, Chaz Equipment ' Welcome to the ENR site C~1~~ ;~~~ Page 1 of 1 ENR's Materials Price Index ('1983-200$j 1973=100 JAN. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. 1983 1624 1656 1641 1842 1656 1662 1684 1684 1653 1645 1639 1631 1984 1622 7628 1632 1646 1639 1626 1614 1613 1616 1606 1606 1602 1985 1603 9608 9604 1610 1610 1616 1645 1637 1619 1619 1623 1671 1986 1607 1609 1612 1621 1654 1655 1643 1633 1639 1648 1645 9644 1987 1646 1638 1648 1655 1650 1646 1655 1665 1665 1675 1664 9701 1988 1686 1686 1693 1701 1698 1699 1697 1748 169$ 1688 1689 1685 19$9 1689 1675 1676 1681 9683 1684 1691 1706 1710 1709 1708 1708 1gg0 1700 1707 1719 1714 1728 1743 1742 9729 1727 1723 1718 1700 1991 9701 1695 7693 1682 1686 1691 170$ 1753 1735 1726 1724 1712 1992 1772 1704 1738 1751 1774 17$7 9777 1771 1768 1784 1777 1788 1993 1807 1806 1846 1944 2098 2092 2010 1972 1946 1952 1970 1995 1994 2036 2093 2109 2120 2113 2083 2064 2055 2048 2039 2429 2029 1995 2031 2024 2009 1999 19$9 1987 1996 1993 7965 '1968 1979 1974 1996 9973 1977 1985 2000 2013 2028 2039 2062 2094 2139 2168 2072 1897 2206 2207 2189 2254 2262 2293 2269 223$ 2225 2207 2166 2195 199$ 2185 2186 2177 2189 21$7 2178 2169 2172 2192 2177 2174 2165 7999 2173 2169 2151 2158 2156 2157 2184 2208 2230 2228 ?211 2192 2000 2197 2224 2228 2225 2241 2219 2198 2191 2177 2163 2151 2127 2001 2122 2108 2118 2704 2105 2120 2189 2152 2097 2097 2088 2056 2002 2045 2045 2062 2039 2063 2070 2070 2049 2 016 1992 2003 1987 1981 1961 1960 1970 1961 1954 1976 74 2 031 2011 2004 2008 2056 2139 2219 2295 2345 76 2431 2452 2448 2420 2005 2402 2399 2 17 24$3 2 2492 2486 2466 2460 2494 2548 2575 2008 2584 2584 2 2 8 2570 2585 2607 2609 2608 2608 2637 2596 2007 2584 2583 551 2578 2572 2600 2599 2597 2590 2581 2577 2008 257 Construction Economi~S» ''~ 20_City Indexes» Cost Infix FAQs» Cost Report Issues» ' ~ `'~' Cost Estimator» ~' ~ ra.~ Copyright © 2006 The McGraw-Hill Companies -All Rights Reserved. httpalenr.ecnext.comlcomsite5/binlenr description docview save.pl?page-enr_docurnent... 2/14/2008 . •1 MANHOLEItIFT STATION REHABILITATION BY CEMENTITIOUS LINING SCHEDULE OF PRICING BID FORM ITEM 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.} 9.) 10.) 11.} 12.) 13.) MobiiizationlDemobifization a. MobilizationlDemobifization if less than ~ 10 manholes or less than 750 SF per job work order ~~~ ` each r~ ~ Cementitious lining of Brick Manhole - 48" Diameter OL ~[) ` per vertical foot ~b Cementitious lining of Pre-cast Manhole - 48" Diameter ~ Q ` per vertical foot Cementitious ling of Brick Manhole - 60" Diameter per vertical foot .~ ~ >~ Cementitious lining of Pre-cast Manhole - 60" Diameter ~~~' per vertical foot Lift Station Surface Rehabilitation by Cementitious Lining 1 ~ per square fflot Sewer By-Pass By-Pass Pump Setup with Bypass Pumping a. Bypass 8" Sewer Setup _ each b. Bypass 10" to 12" Sewer Setup E>aD r each c. Bypass 15" to 18" Sewer Setup ~~ each d. Bypass 24" Sewer Setup ~ . = each ~ ~ `~ d e. Bypass 4" Pump ~ ay per f. Bypass 6" -Pump ~ ` per day g. Bypass 8" Pump ~t7` ~7 per day h. Bypass 1D" Pump ~~' per day Adjust Existing Manhole Casting within Asphalt Pavement ~~' each Adjust Existing Manhole Casting within Green Area ~~ ` each +~ aD ` each Furnish New Ring and Cover Re-Construct Manhole Bench and Flow Channel ~~ `- each Furnish and Install Manhole Chimney Seal ~~11,,cc~~~~,, ~ .~~v ` each " ~ h Re-Install Existing Pump base 4 eac W &~~ ~~~ ` - each " ' ~ g b each CHAT EQLT)EPMENT COMPANY, INC. 2S ~~ S 14.) Furnish and Install 6" PVC interior Drop 15.) Furnish and Instal[ 8" PVC Interior Drop 'i6.) Re-construct Lift Station Fillet 17.} Removal of Exis#ing Coating 9$.} Remove and Repiace Existing Piping and Valves, wi#hin Existing Submersible Lift Station through Existing Valve Vault cxAZ EQurnn~r~r co~~, nvc. 2' to 4' each 4' #a 6' each 6' to i3' diti ~~ ` . each 2` to 4' ~` each 4' to 6' l~~l~ ~t~b each 6' to 8' 8~ ~~' each 6' Diameter I>*3 ~of~7' each 6D ~ 8' Diameter ~ ~~ ` each 10' Diameter ~~~0 ` each ` ~ per square foot 4° ~ ~~~ each jj ~ 6" i1~0 ~ 0~' each $" ~~i'~0®'~ aGh 2b V v ~ ~ ~'V 3~ ~,_ %. ti ~ ~ v Lr ti~ W 4/ v ~i ~1 ti/ .. ~ J a ~ ~ m ~ m m m m d ~ ~~ a -~ - ~~ ~ ~ ~ ~ ~ a~ ~ 1 i ` j t ~ NDo . • N W LT] W Gil U7 ~ ~ "O ~ C ~ G ~ a ~ O ~ r N ~ ~ ~ ~ Q7 w w w ffl m ~ ~ ~ N C C to sn ni w d ~ ~ ~ - ~ ffl ~ ~ D V1 W N Vl U1 ~ N ~ ~' ~ ~ ~ ~ _ ~ d ~ p Cf1 'G w w O ~o ~? 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Contract Extension Absolutely. Frain: Nadal, Patsy Sent: Monday, May 12, 200$ 12:00 PM To: Hasko, Richard; Soiamon, Scott Ca: Nadai, Patsy Subject: Bid #2002-37 -Annual Contract Extension Please let me know if you are in agreement with the attached request from Chaz Equipment. I will put on Commission Agenda on May 20, 2008. Thank You. 5/12/2008 Page 1 of 1 Nadal, Patsy From: Solomon, Scott Sent: Monday, May 12, 200$ 12:08 PM Ta: Nadal, Patsy Subject: RE: Bid#2002-37 -Annual Contract Extension Patsy; Chaz Equipment has done an excellent job with our sanitary sewer manhole rehabilitation and I am in agreement with the attachment. Scott W. Solomon WaterlSewer Network Manager From: Nadal, Patsy Sent: Monday, May 12, 2008 12:00 PM Ta: Hasko, Richard; Solomon, Scott Cc: Nadal, Patsy Subject: Bid #2002-37 -Annual Contract Extension Please let me know if you are in agreement with the attached request from Chaz Equipmen#. 1 will put on Commission Agenda on May 20, 2008. Thank You. 5/12/2008 Page 1 of 1 Nadal, Patsy From: Majtenyi, Victor Sent: Monday, April 14, 2008 7:03 AM To: Nadal, Patsy Cc: Solomon, Scott Subject: RE: Sanitary Sewer Rehab Good Morning! Whatever you think is bes#....I will need enough time #o bid it in case Commission does not approve i#. Thanks. From: Nadal, Patsy Sent: Monday, April 07, 2008 8:13 AM To: Majtenyi, Victor Subject: RE: Sanitary Sewer Rehab Good Morning....... 1 think that it may be a Tittle early. But if you want I will send it in a few weeks. From: Majtenyi, Victor Sent: Friday, April 04, 2008 S:Z8 PM To: Nadal, Patsy Subject: Sanitary Sewer Rehab Also, just curious...do you have an idea when you might send the recommendation to City Commission to award the Manhole Rehab to Chaz Equipment? Vic 5/12/2008 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 9, 2008 SUBJECT: AGENDA ITEM 8.Q.2 -REGULAR COMMISSION MEETING OF MAY 20, 2008 CONTRACT AWARD/,T & M PIPELINE INC./AREA 11 AND 12 RECLAIMED DESIGN ITEM BEFORE COMMISSION Contract award to J&M Pipeline, Inc. in the amount of $43,650.00 for cleaning an existing 16" force main under the Intracoastal Waterway in order to evaluate its use as a reclaimed transmission main to serve the Barrier Island, the next phase of the reclaimed master plan, referred to as Areas 11 and 12 of the Reclaimed Water System (P/N 2008-048). BACKGROUND The City has successfully completed Areas 1, 2, and 3 as identified in the Reclaimed Water Master Plan (adopted in 2003). Area 4 will be completed by the end of Summer 2008. The next areas identified for supplying reclaimed water are Areas 11 and 12. These areas are more specifically identified as sections on the Barrier Island, north and south of Atlantic Avenue. Design services by Mathews Consulting include a "Study and Report Phase" consisting of a corridor analysis for pipeline routing and investigation of the existing 16" force main for conversion to a reclaimed transmission main, and if viable, recommended options for rehabilitation. In October 2001, the City had a 16" HDPE pipe installed under the Intracoastal Waterway via the directional drill method for use as the primary force main; the old ductile iron line was abandoned in place. Currently, the old line is inactive with valves closed and connected at the east and west ends of the intracoastal for use as an emergency backup bypass pipe. The 16" ductile iron force main needs to be flushed and cleaned prior to any investigation (via camera). Both ends will be disconnected and the pipe flushed and cleaned from end to end. The work involves assembling a cannon flush apparatus at one end with a port at the other for discharge into the sanitary sewer system. Quotes were solicited from utility contractors experienced in performing this scope of work. Staff received three responses; J&M Pipeline, Inc. in the amount of $43,650, Johnson-Davis, Inc., in the amount of $45,000, and Chaz Equipment at $49,500. FUNDING SOURCE Funding is available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends contract award to J&M Pipeline, Inc. in the amount of $43,650 for cleaning and flushing the old 16" force main under the Intracoastal Waterway for use as a reclaimed transmission main in serving Areas 11 and 12 of the Reclaimed Water System, P/N 2008-048. STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and J & M Pipeline, Inc. (hereinafter called VENDOR). WITN ESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Proposal PAGE NUMBERS 1- 4 5 6 7-8 9 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACTOR shall have 45 days to complete the project. -~- 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 Attn: Randal L. Krejcarek, P.E. As to VENDOR: J & M Pipeline, Inc. 5473 Michlar Drive Lake Worth, FL 33467 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in -2- the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. -3- 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis Mayor VENDOR: By: (please type or print name) CORPORATE ACKNOWLEDGMENT STATE OF -4- COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of ofFicer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped -s- CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) -6- INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided. but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is beina furnished. and shall state that such insurance is reauired by such aragraphs of this contract. The successful bidder will include the City of Delray -~- Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "sample of Insurance Certificate". -g- May 08 08 10;2$a J & M Pipeline 561-968-2341 p.2 1 J & M Pipeline, Inc. 5473 Michlar Drive Lake Worth, F'L X3467 Phone 561 968-2341 Fax 551 968-2341 U-16417 May 8, 2008 To: City of Delray Beach Re: Intracoastal Waterway Force ll~lain Crossing {revised} Attn: Scott W. Solomon lfi" Force Main Disconnection l LS Mobilization 2,SOO.OQ 2,$OO.Qfl $ Restrain existing pipe joists {as requited} 1,500.00 12,004.00 4 16" 45° Bend 1,3 D0.40 5,200.00 4 lb" Cap 90Q.t10 3,b00.OQ 1 1 fi" Cannon. flush apparatus tQ existing MFI b,700.00 6,'700.00 2 Flush 16"pipe with i8" swabs 3,700,00 7,400.00 55 yd2 Compacted base r©ck ~xrl 1;/a" asphalt 8Q.4Q 4,40x.00 Y LS Density tests b50.0U 650.00 1 LS Maintena:nceoftraffc 9DDA0 90D.00 Total $43,650.DD Na bond, permits, relocating existing conflicting utilities or television video inspection ate included in this price. * No charge for additional flushes Very• truly ;ours, Mike Banks, President Apr 25 0$ a1:49p J & M Pipeline X61-9fi8-2349 1 J ~ Pipe~in.~, mac. X473 Micl~lar Drive Lake 'C~orth, FL 334&7 Phone Sb I X68-23~I Fax 5C1 9b8-2341 U-16417 Tv: pity of Delray Beach Re: Intracoastal Waterway Force Main Crossing Attn: Scott W. Soloman 1 ~" Force Ivlain Discouae~on p.1 I I,S Mobilisation 2,800A4 2,8©0.40 8 Restrain existing Pipe joints (as required} 1,500.4ft i 2,0i3Q.4(l 4 16" 45° I3end 1,300.00 S,~.O~.E}4 4 16" Erap 9D0.OD 3,600.0{1 1 16" Cannon hush apparatus to existing MHO 5,70a_0a 6,7©0.{k? 2 Flush 16" pipe ~rlth 1 ~" s~rab 3,'70©.? 7,40Q.00 55 v~ Cor~xpacted base rock ~r111l2" as~alt 50.00 4,4D(}.00 ] LS Density tests 6511.04 ~Sa.O(1 i L5 Maintenance of traffic 9{1{1.00 900.00 Total 543,65[1.00 No bond, permits, density tests, maintenance of traffic, relocati~; existing eanflicfia.g utilities or television video inspection are included in flail pzxce. ~ No charge for adclitin~l flushes Fast-it' Fa~c Noce 7671 Very truly yours, ~- r ~' .:. it ~ Mike Banks, Presid~t ones ~L' ~..-} ~~f ,._..__ .~ ., ~tyl Fex # r '3 ;„~ flay. 7. 208 11.23~~ Johnson-6a~ris Inc, J~3HN~t)t'~-aA,VIS ANC. ~~ P,A4 H1LL6RAil~ pREV~ EA1~~SNk, FLbi~1DA 3~2-iQ9$ 561-18S-i'!'!(f FqX 681.6$6-562 cry-ca~saa~ Nlay'7, 208 lvlx. Scutt Salomon l~ax~ager of iNater ~ 3ewcz City of ~3elray Beael~ 434 S. Swir~toz~ ,A,ve. Delray Beank~, ~'~, 33441 k~e; Farcemain ~'i~gFng-~C~rV ~ N.~. ~~ 5txeet ~eax Scott: .Asper our vnsite field mestizxg of Sf41/0~ the follavring is our proposal fox tiZe above refere~aced pavject, Deta~~ed ~c~~e of 'ark • ~abilizs N_E. lst Street in,~tall ~vzllpnirrt dewatering systam ~.t prvpvs~d discvz~z~ec~ion paint +~ lw~cavat~ and restrain :~ joints of existing ~~xcexaain tp tie wit az~d 2 joints to the east # ~7~CaV~tC fQrCC13~$1I1 Cllt ~1](l cap ~ve5t S~(le • Install restrained ~oi~xt 45° and riser pipe to receive pig + Mobilize Lowry Street (east ofzC~1) + I~astal,I dewaYering sys~e~. in existing parking area ~~~~ ~ ~~iay. 7. 248 11:73A~ Johnson-~avis i~~. x!0.7786 P. 3 C6Rtitlued + Cut existing £ozcernain and install restrained joint 45° wltlt xiser pipe to gxad,c • ~Tactor-het existing crossing to loosen solids + dig ~cisti~,g line starting with 1p'° up tv and including Z8" (2 tunes) disch~ging cont~rtEs to sedirx~ent taz~c + P~zanp discharge to existing pump station + ~'zans£er salzds to se~rerage treatxrsent facility + Dewater far t.v. inspection (provided by City c~f~3alray Bead,} • flub ~4) 16"nines ~2 ox~ each: side ai:' 1G'~ . + Remr~ve dewatering system • Restore area disturbed and sully density testing results 't'otal Estimated Cost ~45,pa0.gQ p~~ia~ Condil~on~ + No permit or fees have been included • S~Ia bond premium is included Our proposal is based ozz a zna~~~ttn o£ (8) swap pass through of the line • Our pro~pasal is based on a maximum a£' 1~ 3~ours wiz j~ -vac + teeter deposit and watex usage cktarges are to be waived Please eo~ttac~t our office if we maybe of assistance, ~ca~t J..1s President __ _ _ . ...,` i ~' ~ ~ l' ~. ~ ~ ~~3c ~ ~ ~~ ~ 3 '1:~ ~ ~ :i"fi~ =~''~33'~r'~~'1~' ~ .~'s`a3S R~ldy ~fi~ `~ i { ~ ~ I F ~ _~ F :I ~ i a f;3 ~ 3~ ~ i ~ ~ f t . ,~kj m ~~Ci[rt~~rlt'a'~ („c~ri~tslL'~C m __ To: MrY Setatt S~It~t~©n ~I~y O~ Qe~1'~J/ ~~~~~ ©~~~: ~~II7 '~ 6; 200$.. ~£.!YISECif $~~~ ~~~ng l Ct~atrting 1 N~i€~in~ +af E~tistin~ ~1.~`~ l~ait~ ~nct~r )tt~racoasfal from ~ 1s4 S# ~Q Lvw~ry' t~~ad Sctipe,:insuludes: Bf1S~`BIf3 %f'~9i~.9 and'Cleaning}:: Mohiiization, lxcaitatic~n of existing piping;; Pi€~girt~ l ~teanfrig of existing ,,. main {includes fuvo pigs fhru wain), re- cQnnectiart fo existing pipe, a~tl Restoration. to a "fide or k~etter" condition: Detailed,~cope feirworl~ is per.. attached Schedule A;: $ ~9, 50I1.Ot? ALT~R11tR.7`E'Bl£)~ ~Additlrsrral:piJgir~g)': ~dciifiona/ pigging. of main as ~irecfet# by pity of ~slr$y Beath to tie : add:rir~na~ $ per cvmpteled at$t3;t~1~;OQ pereach additianaf. jaf~ pushed t~irvugh main. each pig AF_T~Rt~3A~`~ BIC18' (Lining' and 't-t+stir~g~: !Yining existing pipe ~rlUltra,~r~er; Pressure test #o pity Sta.r~dards: C3etailett sc>agie fflr v4r©r. k is per attached Schedule A:. ~ SI1,5~Ji3.110 Prices i~~tude: laihc~r, :equipment an. C! rr'tateri~ls to:pig 1 tine:existirig ~~) main ir~G3uding tytlattener~ee:cf ,. Traffic, and restoration of disturbed areas to'lfiCe cir hinter coziditia~. ~ Prices. l=xcleitte: Permits, Co4frm siZUtdr~~+tn-of existing main;: off lte:disposal of liquids (iiquid'to ha d~seharged iritd. grs€viiy sanitary serer syterr). of existing ~ Comjateti~in `i'icne: )I~lark to: Li® corxipleted vii#iiin' 3fl cateridaf ys after iss€tanee o€ t~7P 8... Gi ~ tl' Respectfuiy ~iit~fted: eli~Ee~a, ~ t ;.ic.#~~ 3.3 w Srih~t~ute~rZ N E '1st St.r;lntf`ac~astal # I~ouvery St` 16",~'i~e Pigging ! C.[ea~ing of existing IVtain ,~~~~ n.;a;, ari Tsi~at .BASE,BfD- 98" Pipe'P..gging'and Cl'eat~ng 1 Geiieral'G©niilfic~~s a l+A'anietrance of?'taffc i LS b' Bond Piemtim. ~ ka Payrtr~nt'at~d PeR~msanra i3cxid tirt4rsded in tt~sprapaast (a~td 2%.oE ~anttaet,sriw~ntifrsq,dre~dj C' :Mpt~ilizalkc~n _ ; ~ L~ .. d' ,St~i[s iesffsg _ 1 , LS i ~Cavafe,:ccn FRI] ~r£sSfrBlntS 0^ 8x?sting tt8fV85~~8f each~~n~ Ct!#` 2. 39~i" pica, lnstafl ~ir~ 1aur~ciS Lr,~e ~~ eas; car~nor~'flush etrievai on west - 7 __ ___ :LS ~ ~ Pig PiP~ iv/r~trf~v'ing Cable{2x), pump'fiquiti lhna s~ffling. tank ;tv Femcrve-any Sofids aar; ftiett.irtt©gray~r-setiyer ; ~ LS ~ ' Rerz~flv~ pig launc}i v~y~ cn east, Carin~n f[[tsh retrieval ors ~ .. . ~wesf; xeCartnect pipirst~ ~ LS ;Y Sfandby-ass9stfoi.iVinspset_~yC[y' i "LS 5a~ At3erni~l~ t.3nCr~etoe+r t~ L5 ___ __ S Ri;sfr~ratiarl 1: ,. ....................... . GTa3tlln~'l85fOTE~p1`f(:Jk(Sa ....... ? 'f ;1_..~`. ___. .. _.. S4dding.,(Floratam} t _ 7 .LS Pavftsg R~st~ratfan 1 LS ~ lrrigatl0ii Rsgair 'f .~~ :`~~. ! F3'~~" f~tC3 - pipe :il~ing J: ~~~~cire ~"~ tit~g trF~t iit : i'. EJ tra lirrr:~' ire ~x~r~ri i n ~i~~. aft~~' ~i ' to i ..3 ,iz) : t ° r t li;i.l~l Iii S~-~ i ' i ~ ~ylt~sf f :~. i i t ">fi ~ " tii i ri!} ,.j,,.urfc~ ~ 7(74- .L~ ~: 195,Of3 ~ 80, rL10,i3~3 ~ !, ,i~cmrr ,al nriici,~i ..J.1'for clrei;cial;.~~r - 3w,,# {~ g. a' _..-. i 'Tt?'FAL.;81~ AMAIJ611T ~` $ 93t3,OQD,E1t} Special Pro+ns9ons: City to cisordinal~rcoritirm Stiaiitlovs[7 a( mains/closiisg v8ty~ at:each enif far t'sr~•iD ky Ghaa ~giitpmerit 4 __ _ _ . ...,` i ~' ~ ~ l' ~. ~ ~ ~~3c ~ ~ ~~ ~ 3 '1:~ ~ ~ :i"fi~ =~''~33'~r'~~'1~' ~ .~'s`a3S R~ldy ~fi~ `~ i { ~ ~ I F ~ _~ F :I ~ i a f;3 ~ 3~ ~ i ~ ~ f t . ,~kj m ~~Ci[rt~~rlt'a'~ („c~ri~tslL'~C m __ To: MrY Setatt S~It~t~©n ~I~y O~ Qe~1'~J/ ~~~~~ ©~~~: ~~II7 '~ 6; 200$.. ~£.!YISECif $~~~ ~~~ng l Ct~atrting 1 N~i€~in~ +af E~tistin~ ~1.~`~ l~ait~ ~nct~r )tt~racoasfal from ~ 1s4 S# ~Q Lvw~ry' t~~ad Sctipe,:insuludes: Bf1S~`BIf3 %f'~9i~.9 and'Cleaning}:: Mohiiization, lxcaitatic~n of existing piping;; Pi€~girt~ l ~teanfrig of existing ,,. main {includes fuvo pigs fhru wain), re- cQnnectiart fo existing pipe, a~tl Restoration. to a "fide or k~etter" condition: Detailed,~cope feirworl~ is per.. attached Schedule A;: $ ~9, 50I1.Ot? ALT~R11tR.7`E'Bl£)~ ~Additlrsrral:piJgir~g)': ~dciifiona/ pigging. of main as ~irecfet# by pity of ~slr$y Beath to tie : add:rir~na~ $ per cvmpteled at$t3;t~1~;OQ pereach additianaf. jaf~ pushed t~irvugh main. each pig AF_T~Rt~3A~`~ BIC18' (Lining' and 't-t+stir~g~: !Yining existing pipe ~rlUltra,~r~er; Pressure test #o pity Sta.r~dards: C3etailett sc>agie fflr v4r©r. k is per attached Schedule A:. ~ SI1,5~Ji3.110 Prices i~~tude: laihc~r, :equipment an. C! rr'tateri~ls to:pig 1 tine:existirig ~~) main ir~G3uding tytlattener~ee:cf ,. Traffic, and restoration of disturbed areas to'lfiCe cir hinter coziditia~. ~ Prices. l=xcleitte: Permits, Co4frm siZUtdr~~+tn-of existing main;: off lte:disposal of liquids (iiquid'to ha d~seharged iritd. grs€viiy sanitary serer syterr). of existing ~ Comjateti~in `i'icne: )I~lark to: Li® corxipleted vii#iiin' 3fl cateridaf ys after iss€tanee o€ t~7P 8... Gi ~ tl' Respectfuiy ~iit~fted: eli~Ee~a, ~ t ;.ic.#~~ 3.3 w Srih~t~ute~rZ N E '1st St.r;lntf`ac~astal # I~ouvery St` 16",~'i~e Pigging ! C.[ea~ing of existing IVtain ,~~~~ n.;a;, ari Tsi~at .BASE,BfD- 98" Pipe'P..gging'and Cl'eat~ng 1 Geiieral'G©niilfic~~s a l+A'anietrance of?'taffc i LS b' Bond Piemtim. ~ ka Payrtr~nt'at~d PeR~msanra i3cxid tirt4rsded in tt~sprapaast (a~td 2%.oE ~anttaet,sriw~ntifrsq,dre~dj C' :Mpt~ilizalkc~n _ ; ~ L~ .. d' ,St~i[s iesffsg _ 1 , LS i ~Cavafe,:ccn FRI] ~r£sSfrBlntS 0^ 8x?sting tt8fV85~~8f each~~n~ Ct!#` 2. 39~i" pica, lnstafl ~ir~ 1aur~ciS Lr,~e ~~ eas; car~nor~'flush etrievai on west - 7 __ ___ :LS ~ ~ Pig PiP~ iv/r~trf~v'ing Cable{2x), pump'fiquiti lhna s~ffling. tank ;tv Femcrve-any Sofids aar; ftiett.irtt©gray~r-setiyer ; ~ LS ~ ' Rerz~flv~ pig launc}i v~y~ cn east, Carin~n f[[tsh retrieval ors ~ .. . ~wesf; xeCartnect pipirst~ ~ LS ;Y Sfandby-ass9stfoi.iVinspset_~yC[y' i "LS 5a~ At3erni~l~ t.3nCr~etoe+r t~ L5 ___ __ S Ri;sfr~ratiarl 1: ,. ....................... . GTa3tlln~'l85fOTE~p1`f(:Jk(Sa ....... ? 'f ;1_..~`. ___. .. _.. S4dding.,(Floratam} t _ 7 .LS Pavftsg R~st~ratfan 1 LS ~ lrrigatl0ii Rsgair 'f .~~ :`~~. ! F3'~~" f~tC3 - pipe :il~ing J: ~~~~cire ~"~ tit~g trF~t iit : i'. EJ tra lirrr:~' ire ~x~r~ri i n ~i~~. aft~~' ~i ' to i ..3 ,iz) : t ° r t li;i.l~l Iii S~-~ i ' i ~ ~ylt~sf f :~. i i t ">fi ~ " tii i ri!} ,.j,,.urfc~ ~ 7(74- .L~ ~: 195,Of3 ~ 80, rL10,i3~3 ~ !, ,i~cmrr ,al nriici,~i ..J.1'for clrei;cial;.~~r - 3w,,# {~ g. a' i 'Tt?'FAL.;81~ AMAIJ611T ~` $ 93t3,OQD,E1t} Special Pro+ns9ons: City to cisordinal~rcoritirm Stiaiitlovs[7 a( mains/closiisg v8ty~ at:each enif far t'sr~•iD ky Ghaa ~giitpmerit 4 ~ CITY of DELRAY BEACH ®d ENVIRONMENTAL SERVICES DEPARTMENT 16" FORCE MAIN CROSSING INTRACOASTAL WATERWAY DATE:05/13/2008 LOCATION MAP s• ~u crmss wawa ®0~ 434 80UiH 8WNTON AV6~UE, DELRAY BEACH, ROFIDA 33444 2008-200 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph L. Schroeder, Chief of Police Sharon L'Herrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: May 12, 2008 SUBJECT: AGENDA ITEM 8.Q.3 -REGULAR COMMISSION MEETING OF MAY 20, 2008 PURCHASE AWARD/EMEGENCY VEHICLE SUPPLY/POLICE VEHICLES ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks approval to purchases nine (9) police vehicle equipment packages from Emergency Vehicle Supply (EVS) in the amount of $78,221.79 BACKGROUND Funds were budgeted to expand the Police Department's fleet by ten vehicles, thereby adding to the number of take-home vehicles available (as required in the PBA contract). Due to increases in costs, only 9 vehicles will be purchased this year. Those vehicles must be converted into standard police vehicles by the addition of the required equipment such as: the light package, laptop mounts, speakers, driver's license swipe machine, printer shelf, dome lights, ignition override switch, emergency light package, restraint seats, graphics, etc. FUNDING SOURCE Funding is available in account # 001-2115-521-64.20. RECOMMENDATION The Police Department recommends approval. Quotation 4661 JOHNSON ROAD -SUITE 1 COCONUT CREEK, FL 33073 Tel. 954-428-5201 ~ Fax 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE DELRAY BEACH, FL 33444 Quote Number: 2792 Quote Date: May 12, 2008 Page Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 8/31/08 Net 30 Days INSTALLATION Quantity Item Description Unit Price Extension 9.00 INSTALLATION EVS CUSTOM INSTALLATION (INCLUDES CAGES AND PUSH BUMPERS) 1,535.00 13,815.00 Subtotal 13,815.00 Sales Tax Total 13,815.00 Quotation 4661 JOHNSON ROAD -SUITE 1 COCONUT CREEK, FL 33073 Tel. 954-428-5201 ~ Fax 954-428-5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE DELRAY BEACH, FL 33444 Quote Number: 2791 Quote Date: May 12, 2008 Page Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 8/31/08 Net 30 Days EQUIPMENT ONLY Quantity Item Description Unit Price Extension 9.00 MISCELLANEOUS DELRAY BEACH PD LIGHTING PACKAGE (SEE ATTACHED) 7,156.31 64,406.79 Subtotal 64,406.79 Sales Tax Total 64,406.79 O O w O ~ j K O K i' U m 4 U W W Y O p ' N fn m F o F m M ~ W O N M ~ ~ ~ ~ > UZ O U m F f2 o N f O W Z U m a f2 O w f2 O Z d f n U 2 > So N ~ m z F ~ 0 M N ~ ° a K (~ ¢ m d - w ~ ~ a W ~ ~ F ¢ ° Y Z o ° C7 (n ° 2 o ~ o o z y j o ¢ ~ > LL o C~ o C9 m ~ a Z Z m ~ X '" " rs y UJ' S rn f n ~ K ~ N r m ~ o ~ f n > f n w v~ v~ a ~ LL w U ~ LL UJ' J o O 2 ~ 7 » U U O ° rn U C 7 j K ~ a a - f n U o z ¢ . z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 ¢ z C7 J ¢ z C7 Z K W Z C7 Z W y U Z O y U Z O y U Z O y U Z O y U Z O 7 O - d a ~ y r n r n r n r n r n r n r n r n r n f n f n f n f n 0 LL F U F U F U F U F U Y U Q W O ¢ ~ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ O ~ ~ ~ ~ ~ O ~ w U O y ~ w 0 ~ 0 w 0 ~ 0 w o ~ o ~ o w o w o rn ¢ » O ¢ O w o w o w o w o w a O rn rn z x ~ `~ ~ `~ ~ `~ ~ `~ ~ `~ 0 k a U " a a N N N ~? = ~ w O a Q ~ ~ w a O ~ 0 '~ ° z ¢ z ~ ~n 0 a m 0 a m rn rn rn rn rn w w z z w LL w LL w LL w LL O » w w O rn o 0 0 0 0 p ~ ¢ O ¢ ¢ » w w > w O w ¢ C7 j ~ > W ~ ¢ d x U m O W O W W W W W w ~z O F z O F z O F z O F z O F z O F z O F z O F z O F z O F F Q F y ~ ~ ~ F Q F y ~ ~ ~ F G F y F G F y ~ z O F z O F z ¢ z ¢ z ¢ ¢ z z ¢ z ¢ z z z z ¢ ¢ ¢ p ~ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ~ ~ ¢ ¢ ¢ ¢ ¢ ¢ p ~ ¢ ~ ¢ ~ ¢ p p ~ z z ¢ ~ z ~ z ~ z z ~ ~ z ~ z ~ ~ ~ ~ z z z U F z z z z z z z F F z z z z z z U F z F z F z U U F ~ ~ z o ~ ¢ N ¢ W a z w ~ w ~ ~ ~ ~ ~ ~ Y O F G ~ m ~ 2 U Z ~ F ~ (Sn 2 Z W K_ 2 ¢ ° W J W ~ O O F O ~ 2 ~ O f n (n j O a 2 ~ ~ w a ~ F ~ w i 0 F ~ ~ O y w m O S Q O i y w ~_ ~ F Z Y > ~ K U U O LL ~ U ~ y ~ ¢ Z 2 O ~ m ~ w W Y Z 2 (7 ~ ° Z y O z 2 o w rn F ~ O S C7 ~ ¢ N ~ O u2i ~ y C7 C7 C7 C7 C7 C7 -7 C ~ F p F k w ~ N z Qo z ~ w y (~ Y U Y U Y U Y U Y U Y U F a ~ ~ K d ~ OF F ¢ ~ K LLO O ¢ 0 C7 ~ Z U a a a a a a ~ w rn a ~ ¢ ~ U Z Z F W ~ W ~ F Z U fn w a K m K m K m K m K m K m F 0 K c! I C7 D N 2 ~ 2 ~ U x y > O F ¢ d O ~ a W N K ~ O S m ¢ d - ° N Y W ¢ Y 2 C7 2 C7 2 C7 2 C7 2 C7 2 C7 2 K W d ~ LL M 2 ~ o OS O O K O ~ d 2 F ° Y W J ( j Z w F C 7 ZZ w Y K 2 C J W C7 ( n ° w U ~ ~ ~ ~ ~ ~ U Z Z ~ ° Y ~ W a ~ ~ ~ ~ ~ ~ ? ~ O O ¢ > ¢ o ~ F ¢ ~ ~ x `~ tn O y O ~ O ~ F ~ rn y ~ ¢ y > ~ m o 0 o 0 o 0 o 0 o 0 o 0 0 U m Q a ' ~ K C7 w N i LL ¢ d F ~ ~ Y W ¢ ~ o ~ w z ~ ¢ y ¢a ~ Z w ~ i ~ ~ ~ ~ ~ ~ ° Z ~ ~ 6 ~ C7 ~ W rn w p C7 ¢ a w z ¢ ~ ~ O W O ° ¢ ? Y z w ~ y m (~ ~ O z O z O z O z O z O z ? ~ LL O ~ ~ o Q a ~ F z O ° in 'n w ~ w ~ 0 o ~ m? w J ¢ ~ F Z a ui w w ~ ° ~ m F ~ O ~ w ~ y O w ~ a ~ w ~ w N ~ LL ° ~ x ~ a ~ ~ u' F w ~ W u i ¢ U K F p 0 K W U Z ¢ ¢ I ~ ¢ a o ~ O F w Q > O ~ ~ F Z O N ~ W ~ rn ._ ~ a ~ O ~ ~ ° O a a m o U _ O C7 ¢ w z ~ ¢ F ~ > > • ~ ~ ~ ¢ F ~ > ~ ~ z O ~ w ° w F ~ a N `~ z M ~ a O z a ~ O w z O w N F ¢ Z O O w Q w z ~ LL ~ w ~ ~ ~ U ~ O ~ ~ w ,~ z m F a o w w ? ¢ o z `~ S z O y a w o p z_ LL _ • ~ O a ~ w Y o Z ¢ x a z 0 ~ m ~ m w ~ rv U ~ X U ¢ ~ w ~ O O w in a ~ C7 w W rn W ~ ° ~ z z w ~ ~ z p F O Y ~ ~ a U > O O Z ^ > w ~ w LL ~ w m > ~ ~ N u2i a y a ¢ ~ ° z ^ w d F z S a ~ p m Y ~ x o O U o w w ~ z l ~ r U U O F ~ ~ ¢ ~ W z N N w O ~ ~ m J F N Z W J > ~ ¢ U LL c ~ 0 ¢ rn ~ ~ o ~ N ° ~ ° F w ~ _ ~ ? y > ~ C7 ~ " ~ ~ a F o o ~ F a ~ OO ~ ¢ ~ ~ m z ~ 0 ~ ~ o m °' a ¢ ~ 2 y ~ °' y > ~ ~ O J ~ ~ w ~ o y ~ a ~ N ? a ¢ W m o O K ~ ¢ O ~ ~ U z W 2 ¢ O ~ cy ~ w ~ o ~ w ~ ~ ~ 0 ~ 0 ~ W ~ F ~ J C7 ~ W ~ ~ ~ O a O d H d F ~ O rv N O F z O y > O C7 y zc ~ ~ ¢ ~ U ¢ z LL w ~ Y w e W a ~ z O F ¢ u~i o z ¢ a u°i w o in p F w ~ ~ W U r F ~ w Z 0 O Z =. ~ F v ~ ~ LL ~ w Y Y ~ ¢ ~ N S ¢ ~ a ~ a ~ ~ ¢ ~ rn ) rn ¢ Z ~ W ~ x U W K O m ° ¢ ~ z Y O F N W f 7 ~ ~ ~ W a 2 ~ ~ a z W X ~ W y O - 2 ~ ¢ ¢ S O F Z ~ ~ W ~ ¢ _ a ~ w 2 ~ iG o m C7 ¢ ° m ¢ ¢ z w ~ ~ a O 0 C7 A J F rn ~ m ~ o w xa w Z Wy. Y z ~ ~ O O ¢ w m F w ~ LL ~ m O O ~ w W o ~ w O ° a - LL w o rn U O ~ ~ ~ w o w o J ~ F rn ~ w m a W w a ~ ¢ ~ w > ~ W > ~ ° F Z rn ~ ~ i ~ Z QQ S y F z w O O ~ ¢ 2 O Z am o K 0 0 S w m J W m O ~ ,. w F 2 > Y a Y a ~ d K F ~o ° W K F ¢ > z w ~ ~ 0 0 2 07 o ¢ U Q Q fn Z C7 ¢ U ¢ K O O ? o ~ - d w ~ n 2 ~ X J a a J N Z ~ N ~ ¢ p F O O N U fn Z fn K N m C7 F ° ° ~ p Y O J ~ F ~ d K p K F W a Y ~n 2 a a ~ ~ m ° W W W ~ ~ O > 2 ~ ¢ Z - K W d - o rn ? a C7 d ti~ o U ~ O ~ O C7 (7 rn ~ Z O W C7 w Y ~ 'iF' ~ y ~ z x O rn W w ~ > x a O m w O O F ~ z ° O O W F y ~ ~ ¢ a ° ,.~ ~ ~ O U, a U_ ~ Q 0 N y ~ ¢ O O ¢ ~ Y rn O ~ ¢ N ~ ~ ~ Z ¢ O S F O O w F w U ~ LL Y w O O ~ w W K ~ ~ ~ K W O ~ O ~ a F 0 ~ fn ¢ w o z 2 K Q U w Q .. W > W - ~ ~ W ~ U Q 2 U rn O rn W y y y y rn _ ~ O F rn rn rn rn O ~ x W m ° ~ m m 0 ¢ ¢ N a LL » O w > a O x z p ¢ a F ~ W O p w p O ~ ~ W W O ,°~ LL S LL ~ LL LL ¢ LL LL rn z rn LL LL O - LL K O rv ~ o o ~ ~o O O O ¢ w > ~ U ~ a U a rn a m C7 r r z ¢ ¢ LL > z w ~ - - ~, n u i 1 ^ a ~~ 1 1 1 2` ~ 1 ^ is 7 A MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager Amy Robinson, Sr. Buyer THROUGH: David T. Harden, City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.Q.4 -REGULAR COMMISSION MEETING OF MAY 20, 2008 PURCHASE AWARD/MULTIPLE VENDORS/FOOTBALL EQUIPMENT ITEM BEFORE COMMISSION The City Commission is requested to approve $18,515.75 for the purchase of football equipment from multiple vendors listed below to outfit the 2008 Delray Beach Rocks Varsity/Peewee football teams this season. BACKGROUND A "Request for Quotation" No. 1951 was mailed out to eighteen (18) vendors on February 12, 2008. Quotes were received on March 7, 2008 from four (4) vendors, all in accordance with City purchasing policies and procedures. The recommended bid award for each item quoted is highlighted on the attached bid tabulation. Recommended totals for each vendor are as follows: VENDOR Riddell/American BSN Passons Sports Gulfstream Sports Group GL Sr~rts TOTAL COST `~ 14.714.00 `~ 1,767.35 `la 1,415.90 `~ 618.50 FUNDING SOURCE Funding: 001-4127-572-55.30 GENERAL FUND/PARKS & RECREATION POMPEY PARK/RECREATIONAL SUPPLIES/FOOTBALL RECOMMENDATION Parks and Purchasing have reviewed the quotes and recommended the following: Purchase Award to Riddell/All American in the amount of $14,714.00 (44 items), BSN Passon Sports in the amount of $1,767.35 (29 items), Gulfstream Sports Group in the amount of $1,415.90 (4 items) and GL sports in the amount of $618.50 (3 items) for the purchase of the 2008 Delray Beach Rocks Varsity/Pee Wee football equipment. MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden, City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 8.Q.5 -REGULAR COMMISSION MEETING OF MAY 20, 2008 PURCHASE AWARD/LO. ANALYTICAL/VOC SYSTEM UPGRADE (PARTIALI ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of a purge and trap autosample unit, the first component for the necessary upgrade of the Volatile Organic Compound System (required for water sample testing) in the amount of $27,802.00 from LO. Analytical, per quote reference number 4154, expiring 06/30/2008. BACKGROUND The purge and trap autosample unit processes samples for analysis of volatile organic compounds (VOCs) by gas chromatography (GC) or gas chromatography/mass spectrometry (GC/MS). These components significantly improve sample processing steps of the purge-and-trap technique. The system removes water during the thermal desorb step. The high efficiency of water removal allows analysis of polar compounds such as alcohols, ethers, and ketones without interference from water. PURGE, TRAP AND AUTOSAMPLER UNITS O.I Analytical Teledyne Instruments $27,802.00 ~ $30,786.35 EST Analytical Varian Inc. $36,395.45 $37,751.00 FUNDING SOURCE 442-5178-536.64-90 W&S RENEWAL & REPLACEMENT FUND RECOMMENDATION Staff recommend the purchase of the first component for the upgrade of the VOC System in the amount of $27,802., per quote submitted by O.I. Analytical for legally required water analysis. O•I°Analy~ •~` airmail@oico.com www.oico.com l?O. i3ox 9010, College 5tatian, Texas 77842-9010 151 Graham Road {979) 690-1711 FAX: {979) 890-0440 Customer Nnrnber: 5445838 ~u01.+at10h FENGLI YANG C£TY OF DELRAY BEACH ENVIRONMENTAL SERVICES/WATER TREATMENT Reference Nrmiloer: 4154 Page 2 of 2 Quote Date: 1/17/2008 Expiry Date: 6/30/2008 'Perms: Curr~rcy: USD 200 SW 6TH STREET DELRAY BEACH FL. 33944 USA Phone: (Sbl) 243-7318 N,~_ Sales CaErtact: Territory: 20200 ~. (2ty~ul~rrRt __ttcm llwcript{t-n _, I}"nr#.I'e}cc I;atenctedl~'rices 1.00 EA 316828 MODULE-SAM-STDS.ADDITION 4551A 5,350.00 5,350.00 Standards Addition Module for the Mode14551A, SAM allows l'or automated 1.QuL internal Standard/Surrogate injections at definable sampling intervals. Standards are added to the sample during tranfer to the sparge vessel. This option contains two seperate standard resetviors, cables necessary tubing for install and manual. 1.00 EA 8SPL DISCOUNT, EQUIP SMPLIlVTRO NIGSA -9,126.00 -9,126.00 This discount is only valid in the US and cannot be combined with any other offer or discount including corporate contract discounts. The Eclipse Purge-and-Trap Sample Concentrator must be purchased at list price in orderta receive the Model 4551A autosampler and Standards Addition Module at half price. The Eclipse, Model 4551A, and Standards Addition Module must be purchased on the same order to be eligible for this promotion. Orders must be received before March I, 2008. This discount can be changed or discontinued without notice. Contact OI Analytical at 1-800-653-1711 to determine availability. This offer is void where prohibited lnterpretafion of the terms of this offer will be made solely by OI Analytical 1.00 EA 216234 INSTALL-IN-FIELD P&TIMASS SPEC 998.00 948A0 1.00 EA 214080 INSTALLrIN-FIELD MULTISAMPLER 630.00 630.00 #.DO EA 198093 SVC-051-100 MILES ZONE 3 420.00 420.00 1.00 EA 321645 5I-III'PING-DOMESTIC FREIGHT' 350.00 350.00 ;;ale Amount: 27,802.OU Sates Tas: 0.00 PST Sales: 0.00 Misc Charles: 0.00 Total Amount: 27,802.00 P o° - ~~a=~A ~,'~SGS; I ®~ ~ ®~l~/ Y ~Li~ ~~y OlE11a1lQ~OICA.CDn1 WWVJOiCO.COrf! P O. Box 901 D, College Station, Texas 7'7842-9010 151 Graham Road (979} 690-1711 FAX: (979} 69E}-044f3 Customer Number: 544583$ FENGLI YANG CITY OF DELRAY BEACH ENVIRONMENTAL SERVICESIWATER TREATMENT 200 SW 6TH STREET DELRAY BEACH FL 33444 U5A Quotation Reference Nmnber: 4154 Page 1 of 2 Quote Date: 11171200$ Expiry Date: 6/30/2008 't'erms: G~rrency: USD Phone: (561) 243-7318 Sales Contact Territory: 20200 N'aa: Unit-Price E vt~tded Price ( !t!m# Itru~, 13esc'q-t[cue _._.~_ ._:.__: _.._.. _. __ _m .. ~. _ _ _..~._ ~_~__...-- _~.~___..___-- 1.00 EA 321505 MODEL~IGGO ECLIPSE P&T 115V 15,750.00 15,750.00 Mode14660 Eclipse Purge and Trap Concemrator Eclipse Sample Concentrator with integrated, Color touchscreen user interface operating in a Windows CE environment OI's patented Cyclone Water Management System; Electronic Pressure monitoring with one button automatic system teak check, Rapid Trap Heating and cooling, sparge foam filter, with 200-method storage; 55-method sample sequencing capability; self-diagnostics, Silcosteel sample pathway, 48" Silcosteel transfer line, Ethernet/LAN connection standard for direct network connections without the need to use RS-232, Eclipse PC Software included. INCLUDES: 5 ft. of Copper tubing with nut and ferrule; 3 ft. 118" teflan drain line; sparge mount heater, ficses; 4 ft. 1116" SS Tubing; 2 each Valco low volume 1/16" union and fittings and; 5 mL felt Sparger and Teflon ferru]es; #10 (TenaY/sifica gellCM5) frog; Luer-lock fitting adapter, sparger wrench; P&T test mixture standard; Vent tube plug; fuses stylus, instruction manual and Soflrvare on CD. For 115 VAC 50160 Iiz operation. 1.00 EA 300954 OPT-HP CABLE REMOTE H/HP5890 254.00 254.00 1.00 EA 252213 CABLE-HNDSHK 6894/bS50P/890 84.00 54.00 Handshake cable that connects fmm the Agilent 6890 or 6850 remote start connector to an OI purge-and-trap cable. 1.00 EA 322998 KTT-45fiiF 25ML FRtT SPRGa4t FRLES 190.00 190.00 1.00 EA 321710 MODEIr4551A VIAL A1S FOR 46511 12,700.00 12,700.00 Mode14551A Vial Autosampler For Eclipse P&T - 40-mL Vials (100-230V) Model 4551A Vial Autosampler is a 51 position VOA multisampler that interfaces to the Model 46b0 Eclipse Sample Concentrator. The Mode1455lA individually transfers water and lightly particulated water samples from standard 40m1 VOA vials to the common sparger on the sample concentrator. Basic unit is configured with a 5mL sample loop. The 4551A provides the most rapid overall cycle time for P&T autosamplers providing maximum laboratory productivity. Includes Model 4551A vial sutosampler for all voltages, startup kik and users manual. 1.00 EA 259507 LOOP-SAMPLE 25ML GLASS 202.00 202.00 0~{'i~ - P.y~ ~~~s~g "yam 5175 04/24/2008 17:00 FAg 5fi1+243-x7316 -ELRAY WATER TREATMENT .. 4 . 3 E 4738 SOC~6bJIIi9 ~45IBf'RABd - "` ~.T~LEpYNE INSTRUII~ENTS ~ q ;,~~ T'ekfi81' Fri 4aaol e74-?,~a4" ~~ax:fsis);~e-~Qw A xefedy0e"i'echr:ulogies £ampgi~y F.~i.ly: ~i~asi2~82 • ot3t~s o~ae9-iaza gUQTEEI'TO: FeltgA 1Cat~_g Phone: 58t 2A3 7318 Gitiy of Deasy Seach: ~ FaR: '583-7x78-73.16 fw71V~fU11n7B7[~ $"BIY7_c@ (:6~7 " 260 &YV 6tfr$Ireet Deitay $e~Et; FL X944 - U3A . . ~ 0009/0019 P.>~c~e Qu.otatiQn.. Pa9e2 af. 9 In~ide"Sates F~ep: Nancy g8rnes ~ , ~ 4I4~E1pB 4IQl2006: ~ ~~ 23"Vif~.ks N~30 A~Fre~h1' aCmeinaati FTegaid - 812BE1 }~riw Hriiounl tQTY F'ariNo,, Qesr~ipfl}in Commerr~s; $G~TOTA6 $~ 788.35 - - "Made ~n the U~ "' TAX: '0.0096 $0:04 .~ ~ - FAT161ATFD.F3i~Y{iNT ~nn'nre a4/24/20a8 17:02 FAIL 561+243-x7316 DELRAY WATER TREATMENT ~. ~~~'~~ ~~ .~:~ .:,. QCJO'T'~.'I'C3: Juan.l~lanzanu City o~'i7eLcay:~each aaa sw`.~~ st. Delray Beach, ~'L 33A44 Phone:`~(56I} 573-~67~4 F'ex: 5p3 Cammercel }:?r Fa~Gfi~~d? QI-14S01~F {80Q) 283-35.10 Sales X88$) 89.0-3~0~} Service Fax# ~513):~42-~OlObor01~19 www:~stanaly€ical.com ~ ao17/aols RU.DTE:Tlti'T'~: 7!] 1!2048- SAIyESPE~S4N: ST~IIP YiA- Ia;OrB, N1S. F.XPII2A,TION Je~se..J,ones PREPAY Nb T'~1tAi1~ 6421pI2aD'g :QTY iTEMi~TC1M6~It DI;SC12iPT~d~V - PRIC$ .. A.MOIJ.~I~' ~Shppin$ and 1rlandling,~costs on this quote; are an estimate. TIat Order: 3b~39S.43. A,ctiral Cos#~wU hg,prc-~a, id hod addcil to the:invoice Tess Li.;scount; f~,00 ~Payfttent;i~rms are.net30.day~:af~ex xecelpt°e~ eCjuiptzient. interest wit! lie c~iatged a~er.34: bays: FreiRkt: O.QO at the rate of 1.8% per:monfis. A.lrpizcadie SRfe~ Tex gill bo. added [o invoice- ~ Order `Cota1: 36;395.45 By accseptpn~e of lhrs quo;e,:yoti are trc~eptingE'S?' & P7`,S's terms & coni~ifions.of;sale~ T~ian[e 'i'bu for Xour In#eresf in SST & k'TS! 04/24/2008 17:02 FAx 561+243-7316 DELRAY 44ATER TREATffiENT 17j0016/0019 '; ~ ~ ~ - ~t'~~~~" it ~~3~ ~`~`~IIt~~~ QUQTE TO. ;)IUfin Munzana City nfl7elca}+.Beach ~p:D SW.bth St. Delray Boaoh, FL 33 Phone:: (5,6.f) 5.7.3-.6674 :Fax:. 503. COmtC~ercial. I3r Fairfield,; QFI 45014 (8D0) 283-3510:Sali:s (888) 890-1gQ4 Seruiee 'I?ax # {513)542-01~06.oi 0.169 www:estanalylical;com Q~~TE #: QOQ~~;23 Q,1;Jp. T~ DAVE: 2111/2048 Sr11.ESPE1t$ON: S1FIP'VtA. ~4),~. TER14'1;S ,ERis112A'~T(JTV; Jesse .Tones ,1?REIE"r1Y' _.._. . NOTER,MS 114/1Q1'2D0$ ~'Tl' 11`EM 1VgMBE.R DESiCRIkTxtQl-T 1'1tICB Al-IOIlP]T 1.,0:0 C6o00R=0Dfl Cenfurian Vl?ater~urge end Trap:Autosampler. (1IDv)-The 15;995.OQ 15,995.00. C~nturiortPiirge and'1'C~p Autogt~r~pler corner standard'4vith 14D sample position"s, sin~id ikiter~l#t„stendar8, 5mI: sample toap, hot water rinse, .rugged x-y=z ilesigfl, I,D,O: ~•1OD01-086 :iCalile 1enfu~°ian>Encon ~ 350,00 3S0.OU 1.Q A011534D23 Centurioninsfajl:Kt,~Incfuc€iitg 7.95.0.0 .. '7'3SOD 151. Eilari[t Water F?Q.tf,Ie;. tubing,, fittings; sample t`rgys'eCc; 2.00 C500x'O~tl(~i} Internal Staikdard ,4;dditon-Optipn 795.00 1,594.40 I+Iote'~' For:Centur'sons priorio:~N 20205.7bOb this kit w~Ii;ntff+~verk..dtie:lo cfsmrige~:in.I9 calve tlesi$rk..:Flease k;ontaet techn;ic'al support to dsceis~: ....d:.:00...-_.-- . F7000D-001- -- _-- .... - ~En~eon;purge~& firap~:con~Bntrator'lias superior ehramatagraphic 13,995.00 13~~.~5:.0(? re§olut[on;.removabte. sample vkilve. t16iv pad, $lfCti~teel~ lines.a~d - G~ ~'i~ap. injection.ports,~or troublesh'ootk~ig; ~Q ~Tetlkad storage, trap heating rste'~40.O:C/thin I..QO IJ1Z1Q2-D86. i2emote~t~~tCable~H1?5&9d, 38S:OD 385.00- Agil~rst 589017890 G~ .lAQ E7D04Q~000 1?oam Sensor Sparge ~'ube 895.40 895:D0 [:00 ~70~JD.0-I~IT I:nstallafio~a.ICit/Encon. Trecludes 195.45- 195;_45 copper gibing, nickel tk~bing; tee's,. uzi9ans, nuts:artd ferruies to :instail equipment. /1I~€s'TAI~ Installation 1,800.OQ 15ITPUNT Shipping - CJ'kaits 395,OQ 44/24/2008 17:01 FAX 561+243-x7316 AEII2AY 1YATER TREATMENT 1~j0013/0019 ,. r~ ~ ~+° 4:'~34~3t}12A~ o~rx712a~~ Pa $:z Vet a ~ A N . city ai` 17elray Beach; peii~ay i3~acli, r i_ Iiem. , QtY fart ~IC[mber ; Product DeBCt•iption. ~ ,4,ma~rit ' 'IA1 4` T148$Q01OD TEKMi4R 5'TRA'T€ilVll F''~C PlJRGE AP1D 7~P, 1a,s31.4© ' In9lvdes:8tl" 5111ek healed #rarisferiine,.Slitsk.lcbing and 5fiteit fraated 6t#Ings tiir9ugh9u[#tte sample patll~vay,_ heaieii:~ampf~lnount, DryFloihrMoisture:systern, ~U-"Trap:teeh~t9logy; Qnrtrap injection portr5 m#frlE 9~mpl~ aparger Uoc~rb 30Q6 trap, #3 Trap, spera:fuses,~Jnstructton manual, and R5-232lnterface eapablflty:lnt:ludes VOA TeklnEc;sntfiNare: Regulres for opera#fgn.a PeirrltH, f3$-23~ s~rl~[ pGr# aid - -. Cl~-Rt)3N drlvs BEng MidrosAft ill+indows 9~ yr grater, ;giso rubes the _ eppropria#e ~C,C pr GCIMS7rtt~.rface, catyle. Note; .Ii tFia:PC sloes not have a FtS-232 ~sirlal poll;-a W5B;ea,rt be.used=bui.requires a lJ&e~eAai port high speed adaptor - - such ps.a lZeySpgn model U5;4r19NS;4obSalned lo9ally}. AlYern~#lVa1y; °~ s8rial _pod; expansion Uoa[d.{T1~a745(19(ly for tfie FG carr be used. , 1,02 1 QY50822410,5. ARCHONP&TAia'fQSA1VIF~Ir~E2,.WATEl~r~N#:l', 21,73;i.flJ}' Ir:eludes 59 poslli~jn trey For drln[cfrig iuatar and wastewa#er.sampling.oapabill#y. duel , staridard inja¢tidil, prloii#ysar#iple; prrrg~ammatatesample,ualume and ho# water rinses - Als'o~lnClude55.po+iveF CbYd,, 4iue r8v®rse ferrule fitlrng, t=58 EPA 4l)mL water vials - : . 4121p1i), 6x15mrr3 stir bars;(BIpK},,, f3(lnz, sate:y coateo.reeervoir ba4tle; 22min Sow 61aed septa i69/!z~),. entl ntBnual; REQt11RE$s lristatldflgri Ef4t ~rtd inferfecd Gaols (seledt trdmaist below). 7.0& 'f C3Y5{~5873#10 ARC.ktt7N TQ TE141VfAit WC?Ol)O130p4i-WITH - 435:Ut). 1..it4 1 ~sY6tS75t}94} INSTALLATIDN KIT FQR./AR~HQN, TEKMAR $50;00 INCLUQES:.ARCHON-VELpCiTY!3606138~Q . . )nstalfat)nn Klt:end-Cagle for 3$OQl39Ot), Aichs~n-and:TekmarYefapily---- -.... _ _ . , . _....-. .._ _-__ _ - __...... _... --- lncludasr,Archon: Velocity=3B.4fjf39h0 inle~feoe caiil~a`(38256P3Rt); `114°"z 11$" SS reducltlg union.it<f®rrutea,.1lB" t+rass #e0; 'i19~" ~S union. f Sea3inn 7cital:$; 37,75;1:.00; 2,0'1 1 DY6300680U 4[IML°VQA:111AI.S,GAPB,SEPTAEPp 31.5~UU: Z:D2= 'I T1488~24Q0 SFiARGER,.28M~. F.Ft(TT~17 KiT, VELf]CITY 7CpT 138:041 5eatlon Tat~l $ p~80 Quotation, Total $ 37,7~s1.OQ This docu~?erit7s evnfrtientlsl and:lptearlecisplely.forfite I»forrrtatlan arrd ,t~enefit-t~t'fhe lrrrmedia~e,rac]pier±#~nd Yariar~ 04/24/2008 17:01 FA~C 561+243-7318 DELRAY WATER TREATMEN'Y' C~j0012/0015 W~.~.~. Varian Irs~, . - 2700 ~11~ifche il. prlve. -1Natri~t Creek,. CA 9~598~ i~vww.riariast rn~:aom Phone,-(800} 92ti-30tH] lax: (~25),345r23G0 Email: ash-saiessup~orkQvarlaninc.corn u~ ~a ton ~73473t1$248 4'f/2712QQ8 E+age 1 Qu~tatiorr For..' Mr. Fangli Yan~1~Mr..iuen, Martsano. City of°C1elray Beaal~ l.abaratbry 200 $W; SEh 5tre~it; , Delray Beach. 1=L, $3496 . {5fi1:~ 243=-7:335 ,F:4X: {56~) 243 -731'6 Ya~rr-~tnq~lr7i; i/arlan 8taltdard Terms 8~ Conditivtis• apply (see at#achad), f'ayi~a'arit Terms.: IUET 3p pAY$.-'p2 G2unfation ExAi1'es: Eebruasy28~ 204$ 5hfpping Method: ~ BEST1NAY ~ Q9 _ L7ellvery.'t.ead Time: ~{ 1NE~~S AiiO FO'E# FqB .ORIGIN ,tJ»lt:Prlce Bads:- t13D All applicable taxes, freight lnsuranCe,.an'ii~+~r other - handling charges wuiil be added ;at: invnicinp. '{1'il 4.R' 4. y'~7M~iM'#i R ~F 1Y.* 11'.j~ } iF w i R tir f. - t±nmplete. Sample lntroductlon. System Jtdditional' Vlals :.,w.~.M.r~.nV~VNwWwrw.:!.rrrrw:f~!+,.Vr..'wr..!rM+.w...rr~rr.~v.r++.ir!'~wrw+sinr.vwrririv!!.iirir~Nerli+~wi~w N~vir . D ~; Klrk. Holladay , Sales Representative ~f3Q;. GGllk+13, andHPLC Products Varian, lnc Sslentffle Instruments Dlrectr X07-97:7-1308 Mol~lla: 40i-X89=288 - E:mall; kil'Jt:halladayCa7varfaninc~com We#x: uvuirw:varlanlna,com . ~Nwc!!+.ti)rwrw.~.rw.Mwrw.w.w/.rwrwr!y!Vry~..,~h.!.!Iw!wow.r~.-w~+r.isr.r4ir~r'r-iloiti~ertiwtNwi.wrww~ ~ ~"- ---._ ~ -.-.subrnltted by: ;~~ Fir ~Pd~~` Piacemenf: - Please ref~er~hea quotation Numl3er on. all purchase orders. Please foruuar[3 .afi Purchase.0.rders:an~1 C:otr'esprztideiice to: Varian Inc. Kirk: Holladay ~70Q,MiEchglI drive: WalnutGra®K, CA :84688 {$OCI} S~&.31i4n Fax (S2~ 54$-23£0 7'iiis document Is agrr~'daritial slid ~#»tanrie.rl sofely~F the inform~troo :8nd benefit of the imrT?ediate recipient and Varian MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David T. Harden DATE: May 14, 2008 SUBJECT: AGENDA ITEM 8.Q.6 -REGULAR COMMISSION MEETING OF MAY 20, 2008 PURCHASE AWARD/DUVAL FORD/NINE (9) TAKE-HOME PATROL VEHICLES ITEM BEFORE COMMISSION City commission is requested to approve the purchase of nine (9) additional Crown Vic Police Interceptor take-home vehicles from Duval Ford for a total of $219,168 with requested options and warranty, per the Florida Sheriffs Association bid award #07-15-0827 pricing. BACKGROUND The Police Department is expanding their fleet in order to provide nine (9) additional police cars to increase the number of take-home cars provided to police officers as required in the PBA (Police Benevolent Association) collective bargaining agreement. FUNDING SOURCE 001-2115-521.64-20 * $193,978.21 GENERAL FUND-POLICE POLICE OPERATIONS BUREAU PUBLIC SAFETY LAW ENFORCEMENT MACHINERY/EQUIPMENT AUTOMOTIVE 115-2112-521.64-20 * $25,189.79 SPECIAL PROJECTS FUND POLICE -FEDERAL FORFEITURE FUNDS (Approved by City Manager) RECOMMENDATION Staff recommends the purchase of nine (9) Crown Vic Police Interceptor vehicles from Duval Ford, $24,352. each vehicle with requested options and warranty for a total of $219,168. Police Department Take-Home Patrol Cars City Commission May 20, 2008 Quantity Department Assigned New Vehicle Description Vendor Make Model Base Cost 9 Police Department Patrol Car Duva! i=ord Ford Crown Vc Police Interceptor $ 19,846.00 Base Cpst $19,846.00 Optlan #1 limited Ship Differentia! 125.00 Option #2 Kevlar Truck Package 190.00 Option #3 Ign. Powered Trunk Release 60.00 Option #4 Rear look Handles Inop 25.00 Qpttan #5 Rear Windows Inop 25.04 Option #8 Courtesy Lamp Disabled 20.00 Option #7 Third ingnation Key 87.00 Option #8 Side Air Bag Protection 300.00 Option #9 Wiindor Vent Visors 909.00 Option #10 LH Spot light 990.00 Option #11 Extended Warranty 3375.00 $24,352.00 Grand Total: $ 219,168.00 :=-~ ~ FLORIDA nsscna,t rink os~ COiNTIES ~ L= ~" AIt About F[oridn FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - RWD LICE PACKAGE S ecification #1 dame of Dealership Type Vehicle Zone Base Unit Price prville Beckford Ford-Mercury ~ 2008-Ford Crown Victoria (P7ll72DA} 'Western $19,918.00' Duval Ford 2008 Ford Crown Victoria (1?711720A} Northern $19,846.00: Duval Ford = 2008 Ford Crown Victoria (I'711720A} Central E $19,846.00` Duval Ford ~ 2008 Ford. Crown Victoria (I'711720A} :Southern $]9,846.00:. Beck Auto Sales, Inc. `2008Dodge Charger (LXDH48I27A} 'Western `:. $19,248.00; Beck Auto Sales, Inc. ~ 2008 Dodge Charger (LXDH48/27A} ~ Northern $19,198.00; Beck Auto Sales, Inc. ~ 2008 Dodge Charger (LXDH48/27A} .Central ~ $19,223.00;. Beck Auto Sales, Inc, i 2008 Dodge Charger (LXDH48/27A} Southern $19,248.ODs' Maroone Dodge, LLC 2008 Dodge Magnum (LXDH49/27A} ~ W. estern 3 ~ $20,580.00; 13eck Auto Sales, Ina E 200$ Dodge Magnum (LXDH49/27A} ;Northern ~ $20,576.00; Maroone Dodge, LLC ; 2008 Dodge Magnum, (LXDH49/27A} i Central ! $20,580.OD 3 Maroone Dodge, LLC i 2008 Dodge Magnum (LXDH49127A} ;Southern [ $20,580.D03 Bid Award Announcement (07-I 5-827) 70 ~~ 5;~+~ .... - COUNTIES 't~y~ Afl A6auF Plarida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - RWD POLICE PACKAGE SPECIFICATION #1 200$ Ford Crown Victoria (P71/720A} 2008 Dodge Charger (LXDH48127A} 2008 Dodge Magnum (LXDH49/27A} ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS: Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. 1, ENGINE_;, a. Manufacturer's standard engine (Ford V8 or Dodge V6}, minimum 250 HP, oil cooler, alternator, battery, and cooling package. 2, TRANSMISSI a. Manufacturer's standard automatic transmission. 3. AXLES: a. Manufacturer's standard axle ratio for pursuit vehicle. 4. PERFORMANCE ITEM a. Manufacturer's standard power steering designed for pursuit vehicle. b. Manufacturer's standard gauges and certified speedometer. c. 5" round dome lamp between sunvisors, independently switched. 5. COMFORT ITEMS: a. Manufacturer's standard air conditioning with 134A system. b. Manufacturer's standard tinted glass all around. c. Manufacturer's standard trunk opener, electric, remote unit location. d. Keys: two {2) per vehicle, singie.key locking system, (each vehicle keyed differently}. e. Manufactuer's standard AM/FM stereo. f. Heavy-duty rubber I]oor covering. g. Power door locks and power windows, h. Cloth front bucket seats and vinyl rear bench seat. 6. BRAKE a. Four wheel anti-lock brake ASS system. 7. TIRES AND WHEELS: a. Speed rated blackwall tires with full size spare tire. b. Manufacturer's standard production wheel covers. 8. CHASSIS. FRAME. CAB: Bid Award Announcefnent (07-15-08.27) 71 a. Manufacturer's standard colors, factory painted. Colors to be determined by individual agencies. b. Factory front and rear door molding, c. Manufacturer's standard fuel tank. 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified 6y the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, lights, and mechanical features. f. Focusing of headlights. g. Cleaning of vehic]es, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. Bid Award Announcement (07-IS-0827) 72 MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 14, 2008 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 20, 2008 WAIVER REQUEST/82 N.W. 5TH AVENUE/WEST SETTLERS HISTORIC DISTRICT ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver from LDR Section 4.5.1(E)(7) which prohibits the demolition of all structures within a historic district until the redevelopment plans for the site are approved and a building permit has been issued for the project. BACKGROUND At its meeting of May 7, 2008, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness request for the demolition of the non-contributing structures located at 82 NW 5~' Avenue, within the West Settlers Historic District. The HPB considered the subject waiver request and recommended approval by a vote of 4-3, subject to the condition that a ten foot (10') perimeter of sod be installed and that all existing trees be retained and maintained on site. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER ANALYSIS The property has been vacated since 2005 and is deemed as blighted. The applicant (CRA) has provided a justification request for the waiver and it is attached as Exhibit A. It is anticipated that the redevelopment is forthcoming in the near future as the CRA and Delray Beach Housing Authority finalize their negotiations on the property. Granting the waiver would assure compliance with LDR Section 2.4.7(B)(5)(a-d), particularly (a), as the demolition would have a positive impact on adjacent properties, and (c), as the demolition would remove a potentially unsafe situation. Therefore, positive findings can be made with respect to LDR Section 2.4.7(B)(5). Further, as a condition of approval Staff recommends expanding the HPB condition to require that the site be seeded and watered until grass is established to assure an aesthetically appropriate site until development occurs. It is noted that this condition is consistent with how development plan extension requests are treated. RECOMMENDATION Approve the waiver to LDR Section 4.5.1(E)(7), which prohibits demolition of structures within historic districts until a building permit has been issued for the redevelopment plans, based on a positive finding with respect to LDR Section 2.4.7(B)(5), subject to the condition that the site be seeded and watered until grass is established and that the existing trees remain on the site. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY CRA FOR 82 NW 5T" AVENUE 1. This waiver request came before the City Commission on May 20, 2008. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 82 NW 5th Avenue. All of the evidence is part of the record in this case. 3. Demolition in Historic Districts: Pursuant to Section 4.5.1(E)(7), demolition of structures within historic districts shall not occur until a building permit has been issued for the redevelopment plans. 4. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Should the waiver be granted to allow the demolition to occur prior to issuance of the permit for the redevelopment plans for the site? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver requests subject to the conditions set forth herein and hereby adopts this Order this 20th day of May, 2008, by a vote of in favor and opposed subject to the condition that states: That the site is seeded and watered until the grass is established and that the existing trees remain on the site. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 i~I.RA D~LR~IY B~E~C~! COMMUNETY REDEVELOPMENT AGENCY April 3, 2008 Mr. Paul Dorling, A1CP, Director City of Delray Beach Departmen# of Planning and Zoning 100 NW 1St Avenue Delray Beach, FL 33444 Re: $2 NW 5t'' Avenue -Demolition Waiver Request Letter Dear Paul: The City of Defray Beach Community Redevelopment Agency (CRA) respectfully requests a waiver to LDR Section 4.5.1(E)(7) concerning the demolition of the buildings at 82 NW Stn Avenue, which is zoned CBD (Central Business District) and is located within the West Settlers Historic District. The CRA purchased the property at 82 NW 5~' Avenue in 2005. The property consists of a 2- building, 18-unit apartment complex constructed in 1983. Subsequent to the purchase the CRA vacated the units and boarded up the blighted buildings. A Request for Proposals (RFP) was issued #o solicit proposals for redevelopment of the site. 4n March 8, 2007 the CRA Board selected the proposal submitted by the Defray Beach Housing Authority (DBHA} and directed staff to negotiate a contract.. The DBHA intends to construct a 3-story mixed-use building on the site which will house their administrative offices. The project will have parking at the rear which wiq be accessed from the northlsouth alley. While negotiating the contract with the DBHA it was discovered that the northlsouth alley had never been dedicated to the public, and negotiations stalled. The CRA has entered in#o an agreement to acquire a strip of land to the rear of the property to construct an alley. fn the meantime the boarded-up buildings have continued to deteriorate. At its meeting of December 13, 2007, the CRA Board indicated its desire to proceed with the demolition of the structures as they negatively impact the aesthetics along NW 5th Avenue and authorized staff to issue a Request far Proposals (RFP). At its meeting of February 14, 2008, the CRA Board approved the agreement with the BG Group, LLC for the demolition of the structures and paved parking lot at 82 NW 5th Avenue. The contract has been executed and the demolition permit is currently being processed. Waiver Reguesf: LDR Section (E)(7) states the following: "Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.9(F}. Demolition of any sfructure, whether contributing or non-contributing, sha!! not occur unt!! a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a ZO North SwinFan ltvenue - Qe~ray Beach, ffori~a 33444 - Phone: 5611276-8640 ~ fax: 561/Z76-8558 - www.delraycro.org To: Paul Dorling, AICP Re: 82 NW 5th Avenue -Demolition Waiver Request Letter Page 2 building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.9{G)." The request is to waive Section 4.5.1(E}(7) as highlighted above to demolish the buildings prior to issuance of a building permit for the redevelopment of 82 NW 5th Avenue. The CRA is currently negotiating the details of the purchase and safes agreement with the DBHA. Once the Agreement is executed, the DBHA must obtain approval of the associated site plan and submit for building permit. The anticipated time frame until issuance of a building permit is approximately 18 months. Waiver Findings: Section 2.4.7{B)(5) Findings: Prior fo granting a waiver, fhe granting body shall make findings that the granting of the waiver.' {a} Shall not adversely affect the neighboring area; (b) Shah not significantly diminish fhe provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analvsis: The existing noncontributing apartment buildings provide no historical value to Historic 5th Avenue or the West Settlers Historic District, and are noncon#orming structures that do not comply with the current CBD design guidelinesldevelopment standards. The buildings will need to be demolished in order to redevelop the property in accordance with the CBD design guidelines, which includes orienting the buildings towards the front of the property to achieve a development -that has a pedestrian-oriented scale and continuity. Demolition of these noncontributing blighted buildings at this time will have a positive impact on the significant public and primate investments that have been made along the Historic 5th Avenue corridor and the surrounding neighborhood. The demolition will not diminish the provision of public facilities and will not create an unsafe situation. The waiver will not result in a special privilege as fhe same waiver could be granted under similar circumstances to eliminate blighted noncontributing structures. Thus, positive findings can be made with respect to LDR Section 2.4.7(B}(5}. Provided below is an analysis of the demolition guidelines, wherein positive findings can be made with respect to demolition of the buildings. Demolition Guidelines/Analvsis: Pursuant to LDR Section 4.5.1(F)(1}, the Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; {a) Whether the structure is of such interest or quality That it would reasonably fulfill criteria for designation far listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could. be reproduced only with great difficulty or economically nonviable expense: Ta: Paul Dorling, AICP Re: 82 NW 5th Avenue -Demolition Waiver Request Letter Page 3 (c) Whether the structure is one of the last remaining examples of ifs kind in the designated historic districf within the city. {d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. {e) .Whether there are approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the surrounding area. The non-contributing structures built in 1983 are not eligible for individual listing in the Lacaf Register or the Na#ional Register of .Historic Places due to their lack of historical andlor architectural significance. The structures have no redeeming qualities and have no significance in terms of local history, architecture, design, culture ar heritage. While plans to redevelop the site have not been approved at this time, demolition of the structures will have a positive impact on the Historic 5~' Avenue as well as the surrounding neighborhood. The site plan will require approval by the Historic Preservation Board. Findings concerning consistency with the City's Comprehensive Plan, West Atlantic Avenue Redevelopment, Downtown Delray Beach Master Plan and Compliance with the Land Development Regulations will be made at that time. Due to the factors presented above, positive findings can be made with respect to LDR 4.5.1 (F} regarding the demolition of the non-contributing structures at 82 NW 5t~' Avenue. Based upon the above, the CRA respectfully requests a waiver to LDR Section 4.5.1E}{7) and approval of the Certificate of Appropriateness to demolish the buildings at $2 NW 5 Avenue, prior to issuance of a binding permit for the redevelopment of the property. Should you have any questions or need additional information, please do not hesitate to contact me. Sincerely G J A. Costello, AICP A istant Director C: Diane Colanna, Directnr, CRA Walt Gerhard, Project Manager, CRA UEEHA}' BFACH AIFWnetkBCitY ~~-r 399:3 2UU1 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Ownerl Applicant: Delray Beach Community Redevelopment Agency Project Location: 82 NW 5t~ Avenue, West Settlers Historic District HPB Meeting Date: May 7, 2008 COA: 2008-137 UFE1lAY REACH All-amerkacify ~~~~~.r 1 X393 ?U01 ;' ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropria#eness (COA) and waiver request associated with the demolition of anon-contributing structure located at 82 NW 5'h Avenue, West Settlers Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). ._ , _.- -- BACKGROUND 1 PROJECT DESCRIPTION The subject property consists of South 100' of North 150' of East 935' of Block 20, Town of Delray, and is within the West Settlers Historic District. Two (2), two-story, multi-family structures constructed in 1982 are located on the proper#y. There are no Certificates of Appropriateness applications on file regarding the property. The subject application requests demolition of the two (2), two-story multi-family residential buildings located on the subject property. The buildings were constructed in 1982 and each contains eight (8) living units. In 2005, the CRA purchased the property, and vacated and boarded up the buildings. Earlier this year, the CRA Board selec#ed a proposal by the Defray Beach Housing Authority for the redevelopment of the site. While these plans have not been submitted, it has been stated that the redevelopment will consist of a three-story mixed-use building where. the Delray Beach Hauling Authority will place their administrative offices. A letter submitted with the subject request which describes in further detail the background of the property since the CRA's purchase is attached for reference. In March 2007, a demolition permit was submitted and subsequently denied as a COA had not been submitted and approved by the HPB. The applicant has also requested a waiver to LDR Section 4.5.1(E)(7), which requires that the demolition of any structure within a designated historic district not occur until a building permit for the redevelopment plans has been issued. The waiver request is further discussed and analyzed below. The COA and associated waiver request are now before the Board. ~ DEMOLITION FINDINGS ...... LDR Sections 4.5.1(E)[7), and 4.5..1{F)(1-5) provide guidelines in evaluating Certificates of Appropriateness for the demolition of structures located within historic districts, (E}(7) DemoGfion of historic or archaeological sites, or buildings, structures, improvemenfs, anal appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.9(F). Demolition of any structure, whether f32 ~i!:~15~' flv=wnuW~. C:~~! 2l3up-'i 37 ~a~~ 2 ai ~ contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. Al! structures approved for demolition and awaifing issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which if existed at time of application unless the Chief Building Official determines that an unsafe building condifion exists in accordance with Section 4.5.9{G). The subject property is non-contributing to the West Settlers Historic District, and is subject to the above noted LDR requirement. However, the applicant has requested a waiver to the requirement which, if approved, the demolition would be permitted to occur prior to issuance of the.- building permit. This mat#er is further analyzed below. Waiver Request and Analysis As stated above, a waiver to allow demolition prior to the building permit issuance for the redevelopment has been requested. Pursuant to LDR Section 2.4.7(B){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver. {a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilifies; {c) Shall not create an unsafe situation; and, {d) Does not resulf in the grant of a special privilege in that the same waiver would be granfed under similar circumstances on other property for another applicant or owner. The applicant has submitted the following in support of the waiver request: "The existing noncontributing apartment buildings provide no historical value fo Historic 5th Avenue ar West Settlers Historic Disfricf„ and are nonconforming structures that do not comply with the current CBD design guidelines/development standards...Demolition of These noncontribufing blighted buildings at this fime will have a positive impact on the significant public and private investments that have been made along the Historic 5"' Avenue corridor and the surrounding neighborhood...The waiver will not result in a special privilege as the same waiver could be granfed under similar circumstances fa eliminate blighted noncontributing structures..." In deciding upon the waiver request, the Board may consider that the intent of LDR Sec#ion 4.5.1 (E}(7) is to discourage demolition of until the property owner is prepared to redevelop the site. This has been an issue in the past within the historic districts in that viable structures, both historic and non-historic, have been demolished, and the site has been left undeveloped leaving. "holes" along the streetscape. However, the subject request may be supported in that it is a property which lacks historic relevance to the subject district as it was developed only twenty-six (26} years ago, whereas buildings and structures are generally eligible for historic classification when they are fifty (50) years old. Further, demolition of the subject structures would also provide an opportunity for a- new development to be constructed which complies with the regulations and guidelines required for properties within historic districts. It should also be considered that the property has been vacated and is deemed as blighted. Therefore, positive findings can be made with respect to the waiver request. {~ No structure within a Hisforic Disfricf or on a Historic Site shall be demolished without first. receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H}. The Historic Preservafion Board shall be guided by the. following in considering such a request. 32 ~ s'J 5°', ~t.~r~;n~e. ~~?~ 20DEi- ~ 37 Pia t:~a~tir~q ~~ay is 2CJu~i !gage 3 of =i (~) The Historic Preservation Board upon a request for demolition by a properly owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether fhe structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on fhe nafional register. (b) Whether the structure is of such design, craftsmanship, or material that if could be reproduced only with great diffrculfy or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining fhe structure would promote fhe general welfare of the city by providing an opportunity to study local history, archifecture, and design, or by developing an understanding of fhe importance and value of a particular culture and heritage. (e) Whefher there are approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the surrounding area. The subject structure was constructed in X982 and does not have any known significant relevance to the criteria listed above. 1=urther, retaining the structure would likely not promote the general welfare of the city. There has been preliminary discussion regarding plans to construct amixed-use development which will include the new offices of the Delray Beach Housing Authority. While this plan has not been submitted, it is anticipated that the development will have a positive affect on the surrounding neighborhood. {2} No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authorify fa determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (N}. (3} The Board's refusal fo grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. Subsections 2 and 3 are noted above for reference purposes. (4} The Board may grant a certificate of appropriateness as requested by a property owner; for demolition which may provide for a delayed effective date. The effective date of fhe certificate will be determined by the Board based on fhe relative significance of the, structure and fhe probable lime required to arrange a possible alfernafive fo demolition. The Board may delay fhe demolifion of designated historic sites and canfributing buildings within historic districts for up to six monfhs while demolifion of non-contributing buildings within the historic district may be delayed for up to three monfhs. (5) During the demolifion delay period, the Board may fake such steps as it deems necessary to preserve fhe structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and inferesfed citizens, recommendafions for acquisition of property by public or private bodies, or agencies, and exploration of fhe possibility of moving one or more structures or other features. It is at the Board's discretion as to whether or not they would like to consider delay of the demolition for up to three (3) months, as referenced above in subsection 4, while subsection 5 is available for reference. However, Staff does not anticipate that the Board will require further steps to be taken to provide for alternatives to demolition. 8r I~1%~J 5"' Fever;~e. COfi3 7~u~-13? HPEi 1L~~3n~ lL~~y 7:L~~S Page 4 cif ~ ANALYSIS As previously noted, the subject property was developed in '[982 with the construction of two {2}, two-story, multi-family structures, The demolition itself can be supported as the structures lend na historical relevance either to the city or the West Settlers Historic District. Far this reason, both the demolition and waiver requests can be supported since they would not cause a detriment to the historic district, and maintenance of the structures would not prove beneficial to the city. Therefore, positive findings can be made with respect to the. applicable LDRs analyzed throughout the report: ALTERNATtIlE ACTIONS' --- -- - A. Continue with direction. B. Move approval of the Certificate of Appropriateness {2008-137} for 82 NW nth Avenue, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations. C. Move denial of the Certificate of Appropriateness {2008-137) for 82 NW 5th Avenue, West Se#tlers Historic District, by adopting the findings of fac# and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in the Land Development Regulations. -_ _ 13ECOMMENDATtON - -- - By separate motions: Demolition Approve the Certificate of Appropriateness (2008-137) for 82 NW $t-, Avenue, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations subject to the waiver request being approved by the City Commission. Waiver Recommend approval to the City Commission for the waiver request to LDR Section 4.5.1 {E){7} which requires demolition of any structure within a designated historic structure not occur until the redevelopment plans have been issued a building permit. Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Location Map, Phofographs, Waiver Requesf Lefler a~~¢ A N.W. T 2 S 2 r r r r n ~ u~ v MARTIN LUTHER N.W. 1ST ST. ~ 3 z z ~ ~ z ~ ~ L A N ~ ! C w. vi 1ST ST. 0 z z ST. w a DRIVE Z Le! J Q ~~ m A V E N U E S.E. N SUBJECT PROPERTY 82 N W 5TH AV E N U E ~ 12-43-46-1 fi-01-020-0120 PLANNING DEPARTMENT LOCATION MAP CITY of DELRAr sEAcH, FL -- O!ClTAL 8A5E MAP SY57EM -- MAP REF: S:\P[anning &Zoning\DBMS\File-Cab\Z-LM 1061-15D0\LM1069_82 NW 5th Avenue 3a ' r ~~ t~~ . ,, ; w .4"" r `YC« pk' ~ ~u'~ ~~:~"" ~~'A 'f ~'~i ~. ~: ~:4 ~.' A: I ''~<, ~, t~ ~_ ..~ f::~ 4 r ~ ,,'" i ~ ~: _ ~~ 3~' :. MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: City Manager DATE: May 15, 2008 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 20, 2008 RENEWAL OF LIABILITY, WORKERS' COMP & PROPERTY DAMAGE INSURANCE PROGRAMS AND OTHER OPTIONS ITEM BEFORE COMMISSION Renewal of the City's liability, workers' comp and property damage insurance programs, and consideration of other insurance related options. BACKGROUND All property & casualty insurance programs will now renew on June 1st to precede the "hurricane season" which should allow the negotiation of more favorable premiums which is especially significant if actual hurricane activity would develop. Because hurricane activity has not affected south Florida the past two seasons, our insurance broker, Arthur J. Gallagher & Co., was able to negotiate premiums below that expected and budgeted. Additionally, several insurance related options (sexual misconduct liability insurance, national flood insurance/NFIP, pollution liability insurance, building appraisals, liability insurance for "small" special events) are presented for Commission consideration. NOTE: These options are shown with maximum cost amounts (e.g., not to exceed) as they require additional effort to determine exact costs which will be done if approved by the Commission. Attached for reference are the following: Executive Summary (exposures & renewal premium analysis); Statement of Values (exposure detail); Premium Summary (recommended programs and other options); Premium/Coverage Bar Chart (recommended insurance renewal). (Note: the Executive Summary, Statement of Values, and Premium Summary will be provided next week pior to the May 20 meeting). REVIEW BY OTHERS The renewal and all options were discussed by staff and broker with and concurrence obtained from City Manager, City Attorney, Human Resources Director, and Finance Director. FUNDING SOURCE 551-1575-591: 45.30, Boiler & Machinery; 45.31, Package Policies; 45.33, Excess Property; 45.34, Crime RECOMMENDATION Commission approval to renew the liability, workers' comp and property damage insurance programs of the City as recommended by Staff, and as shown in the top section of the attached "Premium Summary" (premiums totaling $1,736,614.84). In addition, Commission direction is requested regarding additional coverages as shown in the bottom half of the attached "Premium Summary" up to the maximum cost amounts indicated for each of the following options (the effective dates may vary due to efforts required but all will renew on June 1, 2009 as the other of the City's property & casualty insurance programs): sexual misconduct liability insurance, pollution liability insurance, special events liability insurance, NFIP flood insurance, and building appraisal services. ~~ V W w A w U W N~ I~ r~r~ ~./ F~ U N h 00 O O N h .~'i a i. C. a ~ ~ ~ ~ ~. ~ A. ~ E~ ~, C C7 e 3 ~1~ 0 ~1 0 y C. CL ,~ ~ ~ a V ice. O o N o a ~ N ~ O 3 ,~ N ,~ O N N ~ ~ ~ N ~ a a a ~ F" `~ a W .~ ~ ~ a 'r" cC U rn ~ ~ U U ~ ~ W U ~ ~ ~ ,ri ~ a ~ `~ U W vii ~ ~ P-i ~. ~ ~ -d ~ N ~ '~ ,-d W ~ ~ ~ rii ~ ~ -' ~ ~ ~~ ~ ~" ,~ ~ ~ ~ ~ L: ~ U ,--. y0 rii ~ ~3 O U i-i cC .~~ ~~ a ~ 3 ~" . U cyC rii ~ O ~ ~ vi ~ ~ ~ o -a ~ ~ ~ ~ ~ ~ . ti° ~ .~ ~ o ~ o ~ ~ ° ~" ~ ,~ ti° ~ ~ ~, a. ~ ~ un ~ o ~ ~ o ~ ~ ~ ~ ~ ~; ~ o 3 ~ ~ ~ ~'~ ~ ~ ~ o ~~ ~ U ~ .~ cC '-a ~ W ~, O O ~ U ~ O ,--~ '~ 17l CC i'y ~ ~ .--I ~ ~ ~ CC ./^~U-I Hti CC 17l W ~ ~ ~-I ~ U ~ ~ ~ ~ W U ~~~++ N ,r ~ ~ °23 O ~ v N ~ ~ N ~ E-~ ,~ ~ ~ U o '~ H a ~ ~ W `' a~ O 'y ~ti ~-I 4ti ^~ y N ZW 3~'~ MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: May 15, 2008 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 20, 2008 LETTER OF INTENT FROM WESTROCK, LTD. FOR THE SALE OF THE OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION A Letter of Intent from Westrock, Ltd. for the sale of the Old School Square Garage Retail Space is before you for approval. BACKGROUND I have been approached by Westrock, Ltd. who is interested in purchasing the north side retail space at the Old School Square Garage. I have enclosed their Letter of Intent. RECOMMENDATION City Commission discretion. t1'ES'!'lEt()CK LTD 1Vl..i a' l ~ 111 7 ~~ Q ii Susan Rub}~ City uf~ I)elrav l3(:ach x(1(1 N~~' 1'' lwtnue Ucl rcit- f3<<iclt, 1= f . 3 ~~-~~ R~: (){d Sehocil Squaw <iara~e Nurtlt ]Zetail lhar ~]s. Ruhv: W~ a}1ftrGCiatc )~citt nlectiil~ with Wcsu-(ic1: [.td. Mild we thank Y(ni for takiltc the tinlt: ice du s(t. k la~'in,~ bzzn in the real ~ata[i derelol~ntent gild investinen! t~~clrld fur u~~et' ?~ •~~ars. ~~1~esu'~tck l~It it Ilad the ability to fintl a Golt~tiun tit nntonly seethe a nl~irkctldeli [itr tl~e ref~rcnced lorniiuit hui alstl l~rct~1iclo t~zr the linanciai rcyuiren-tLnts ctl~ tale City ui~ Delray E~"City")_ ns nlentic~n~tl. inc~ utir tirsl nteetin`~ st:~'eral ~vtcks ago. ~vr h~lvc l~a:cn cotltactin~~ a~u.ill~r(tus operatclt's 1]11'(tiLl~~lltlill [Ili state .anti e~~cil t~ulsid~ the 5tiite. 1~'c are 'cry excited i(t have iutsnc3 a vzry ~ iahl~ I~rc~sl3ect that is ~rillin~~ l(1 lnCtre itl 1[71111tdlal2l}`. {)~'~1' talc lilst ai~~ck \VC Marc: hull harln~~ nuiltillle conversations 1~'il}t Sul abscl[uto.ly tCt~-11Cttt'1L iluttiral. ~.~tturillct inarl;et ztilCi deli i~~sca-at~'tr. ~L'ilhuut a cfuuht the rcyidcnts anal C•it~• elf 1)c:lrci~' C'llll}Cf IlUt ~rltill leer 3 hl'ltLr npeCiitlll': In kict, 4'Vl':n 11 ~a`e llad ti chCtte+' f7l'tt~«`t'C11 41 nll]ti- 1A~hulel=uuds, (~r this o~cratitr. 1 tllittlt tlliti oprt~31(tr wt7tild 6c tiur tcrp choice. -I-Ile l~(~lelltlcil c~k~trator hat'in~~ been titai-clllnkL litl' a nets lctcatiun betty°e~n $itea Batten and 1~ est Palm l3Laclt fitr the fast tiix n-lonlhs en~a~,in~ in tharnu~lt research and location atlaf~s~s. I1ltllnti~~h they hove ah•cady made pllins For an altertlative location. they are in fltv~ with ()SS Garti~~c 1ac41tiun and are wi]Jitlw~ In il1fire On It lI availal714. ~f~he only constraint they have i5 tilde: thc:e~ haY~.e evcrrthin~~ .llruady linod up for anclthor locatittil, includin~~ drafiod leaset}~urchasc a~~rc;c~menis. build-nut flans. sup~iliLS on ctl'dor. etc. So iii tttcy are ttt mut=e oil C)S5 Gara~~c..k'e nc~eti to more last as they have a tirl;in~ clock. "1'ht•y much ~rcfer nS5 CGara~e and mettle I~trel'er ti(tat•rtt(~~~-n C)~Irar Beach. a~~ tllev ~tre ~~illin~ and able to ntttl:e it ~~~nr[:, btit Cher mi15t also hr~l~~c [Moir i'itil: and ai't 1111i1di~L[I ;11~1tht lntiin~~ thait' other lucatic~n. "!'hcrcl-ore. }sloaso speak l(1 the Cite and see il~ tlt~y are s~rictus ailout ~.ctlin~ a ntarkcr in there. ~.~~in~s tvL alrctcl~• have it 1I~11I117it1'kl'1 tEllallt fined up_ w~ tiro ~a~illin~ to reduG~ tlt~ ins}trztiun p~ric)d tit ,;0 din's (the uperatctr ncccis tit ~-fo their due dili~ellce as ~+~eil and t'arnlulate an in~~resSC~~~~ress }Hatt,). itrld a tiU dad- efose. lint the city tlceds t() ijct quickly as pry°~~ic~usly nnntinlleci. Thy ul~~rat(,r's name cannot be di~:'ul~ed ai the nittnlent as «~e art undo anon-disclcxsul-e a~r>vclllent. but the cit~• can certainly resl assured that this opel•ator is e~rcrytlting they want and tllc)r~. and hint (tf all, they can lit ill the flt7.(?OUS1-'. It liar tteen this space ]imifatictn ~~vhich Ilas pr(~t~ed the most ditliculty ~3~it11 other operators we kla~~e eetntactcd. tllcrehv incr;`.asin~~ tht InlpO1'titl~CC OC~ttllll)tn~~ Oft llll5l1ppO1'tlliillV whsle Et fS aVall~ble tU tlS. Weatrnck Ltcl. Rack round 1~'extrcrck f.tel. is it ? ~Deur c)]d real cstat~ Iirnt that clri~inally ftnlnd its I1ich~; in r~:~id~lltial ~~:aluo- addcd u~(lrk in 1hi South-VI!c.sl of C1t~_lartd. hs the cgmpany ~~i-~bY_ Weslre)ck c~:pandzcl it, c(rre pl-.ociuct h~yond rctiidt:ntial lr} iltcluci~ (;cttllltlc;reiul. retail, land, h(rspitalit}~ anti lncii[titrlal in all tir)1nS includin~~ It4w C()nStl'L1Ctl()tl, r~-d,`velopll~ent. re-positi(~ninc, and i1Cid~(~-~'alir~. 1)evclaltntcrtt and inv+•stnlent ~~ptutclucl int(t thr;' lI,S.A.. S.w-itzcrland ruxl Italp' altd nltin included third p<lrty capitill prc)visi[tn ttnd inVCStntcnt in lheso countri~l. '1~()day VI%etitrctck is u Ct)[til)I'thCnSY~'t'. lltlc:~.7,rilteri roil ostatti dc~~elapnlcnt and invesult~nt iirln illvcstin~ in all product lyp~s in lifur dii~i~r~:nt cotlnu-ies. ~I~lt~ printar?~ Pincipai oi' W'(rstrock 1_td. is ;t~iitltra Neuman ~vhu filtulded the c:ompan}~ h~l~k its 1 °1~7. ()ri~,~inull4' bcu-tt an~i ruis~~d Ill I\('~~' Yl)I'1:, Ile: SltirtCd 1115 Z17tCe~t'en>r111'la] CiII'el'r 111 i]]t; 1111}7Oi"t business l)t drleti loOd piY)CiLECt:4 altd 1\'hO1CS0117e Itlltrl-17ai'S. A5 llis business t=tittures prospered. h~ e~la~tnci~d hit in~'c:4tmonts into) rcill ('suite in VGt~• Yark City and c~~cntually ntnt'rcE aver tc) 1•:n4~liinCl 4\-1t11 1711 ~1'IfC'' to raise t~~•u ehildr~n. and titart Wtsiro~k l.id. -1'(tday. ~1'estroe~ is still pri~'iltrly held allo~~~in~~ it tc) relllain nimble. ealtrcprcneuri.il. altd quick to react ter chan~in~.± nlarltict ronditiol~s. lVi(rre recently over the last ticw years. VVestracl: btis ]turpetsrli111~' reduced its ilevelctpntent cti~ork and built up cash reserves in anticipation ul~chan~~in~~ tltarl;i:l eC)rldltl(}1tS. l51)eel.lll~' ~~°ithin the United titales, This,has enabled the cunlpitny let r~~tnain «luiiy rich pr't~tridin~ inrrr~diblr financial ~vhercwithal to act ern market opportunities. I'erhalls eclua!!v itlli7ortant. Mithru bus bcelt Et resident in Delray Beach fitr it nulttb~r ()f years iilld has [)rvned ]and and 11(tmes Isere i~)r (n~er 14 nears. 1{~ is very bullish on the ~rottmial ut' 1.)clray Beach artd the firm haw sc~eral crtiter real Ctiti;tC investments within the eit~'. Mithra is pul-ticttlcu-l~~ loon etlt Pint:lpltle Grove artd Deis that a ntarl:rt/deli in this locatl(ttt 1s th€ alitiplute hest use i~tr Hilt [illy the ]c~c.iti(~n. l,tit alao the long t~:nlt ~,ruwZit of l'in4app14 G.rov~ itnd the. Duwntcni~n C()re. Letter of intent Vl~~strcF~E: [.tel. is tltrrciilr~ lzleas~d tea submit t~rr ~c~tll' L[)IISidG'fdtlL)n tots Iclti'r rL~;tirdin~ tl)c putei~tial purcl~.i,e t~f~ thz ~trndaminiums ltrcated in the old SchE~al Syuarta Garay=e North ("]'rcrpcrh~") located in Uelrtty Beach. l~lorida which comprise 10.14151=. 13as~d onl~~ on cntr mai-kc~t clue dili~~crtce and uttr reviee~ of the intormatic~n providad 1i•o!n 6y th.~' E'ity crf l)elra~~ {"C`it_v--f. the tullo~~~in~, art: tl~e, hasic business terma at~d conditions ul)on ~vhicl) 1~~'cstruck Ltd. irr its dcsi`~nec ("I'urchasc:r') detiires t« purchatie a Frce:,tnd clear 100"ln fey ,ililple it)terest in the I)f'(rpL'1'I\': 1 . I~lrl'CIt}lSC l~riCL - All rash. '1~I1~ lu~ref° i)P; ~l. Inc1fl11C 1`.lltlilll()n (pa~~~ -?~l}, cll~al?praisal dattccl ,iun~ Iq`r, ?{)f~7 statins~ <<llu~ ter be $1{.l,~tsl'. ~i'his e~}uatcs to `li?,10~}.28 tilt the [(1.141 S1°. err 1,. 1'a! he p~r[irrttt~d. nc~z~ apprai,,il - tlt.e ]cn~~er crl'thc hull: inruitit: ~~aluatic}n clrld lltklli s,kli:s ~~ahf.ttit)n. t3uth valuations urr to escludt the mare ~xpcttsi4~~ !lint, thctt are tE~ be Ir~[;llpf[d b~' [h~ C.Ilalnher ~l C~U[l~lZltrCt' !a[:ln~ 1 1nl:apl)li C.ik'C7VL' YYil~'. ?. C~tsem~~ntslLieei~sfes -- S~il~r ~r'ill l~ra~-ide all neCessarv casc~mcnts, pcrmit5 anci liccrls~ti liar: 1 . ~lf)1'ii~~t' tis~ lsce biluw) ?. l'arl:in~~. ust (>~~' heio~~'} 3. Grnc:t~ttcrr use ~l. l~levatcrr ttsc a. Uutduc~r scatin~~, ue C. Parking valet use 7. Shcrppin~~ cart use (tim~l11 curttpact deai~a). nut lur~~~ tt'.lditional .size ar~tl 1'urehaaer is responsih[e for cc~llzctiolt) 4. 1)cli~~erv access (berth dil~vn ~lc:livery drlvew<tr+ C"1 El 1V()f7lt til(ltr, it ~~~~~11 .ts Scrutli aide parkin, area fire Iar~.;Lr d~livcry vel~icle5)~ 9. Grrrlae trap ins.ttrllaticrn lnd use 1 l}. ti'c:.ltt 111Stallattrtili a11d i1SC 1 I . (iarlia~~e disposal use Seller tlndcrstands th:.lt the intended usr u!' tb~ i'ropert~~ ~~-ill he iirr a ntrirket. deli. or similar i~p~rator raid that adili[iunal ]~er•mit5, easen)~n[s and 1i:censes nra~' I)c r~clttire:d. ~L[['Cl1aSl'1' tlndt'1'SCands th~lt odor is a concern ctnd ti~ill install tt)~asures to minin)i~c this. 5te,~r~_ Seller ~j•iIl prc~~•idc icr t'urchaser a liccnst; for unccrttditional use crf a portion ol- the stc~r-a~~c spticc~ Ir1t:2itGd Un lllc ~rnund !lc>n!• srora~e unit at no cost to thz Ptlrchascr. 'I'h.~ unit is to U~ s11a1'eci ~vitl~ thL Cl)an~ber of Canvi)eree and Seller a~recs to pad for the cunstructicrn anti m~itcrials cii'tlte paftitiunin~ oi'ihc space. Tlu: square fbota~.e allclcation t~~ 1'urc hatter will be (~] °,4,, and iy°io to C'11amlier uf' Ctrmfnerce ~~rliich is prop~rtic~nate to the syttare lirota~~e UCCLlpl4'~i hV hl}tlt partlzs. -1. Pat•kin~_-- ticller ~~'il1 rc;-d~si~~itats; ~~~ilh si~n:t~c~ all tltc parkin4.~ sp~~tw t3E curli`idt ~n the Uorth. West and 1~ast side of the Pri~perty to br utili,ed litr Unlcla(irll~ use and handicapped }~t-rkiit~ onl~~. Seller -t'il! provide licznse la Purchaser far unconeiitiunal utic e-1' tttt (1(11 parl;in~ shots (m the ~~round llet(Er of the ~ara~(: C!(tS(;St t0 1'ini;apple (.iruve 1~'~'ay at nu cast to Put'chaset•. 'T'hose ten (iQ} sl~als trill be the closest test spats to the I'irtcaplzle Grove Way. !'ttrchttser understands that this psrl;in~~ area nay accasionally he used !in• par•kin~= of lar~_er vehicles ar ntael~itrcry during sprcittl events. If the Biller cleeictes t(t char<~e i•~)r parkin~~ within ihc~ USS {;aragc. Si}lee agrees tc) intplcnt~~nt a pttr•kinLa pra~.;rrtm fir all custotiters nl' tlta I'r(~pcrty allowing. for I'rcu parking t~~itl~ a purchase li'om the I'ruperhr. ~. E:arnctit Moncv - I~Vithirt tltrer (>> bt,siness da}-s l(}lli7wit~g th(: full c~~(;uti~n ~utd delivcrv e~F a. I~urchasc artd sale ttg,rczn~enl ("Purchase l~~E'eclll~ilt ). 1~LtE"Chttsor' ~~-ill deposit Ih~ allaunl al" ~7a.0f1(1 as earnest money ("lniti;tl [.)e1~~1,it'~) kith [tuciort iVlc('le>skv ("Title ~1gellt•~). l~pon u~pit'~.ttrttit it} the Re\'le~i' }7l'r']c)d (Ste helcn~, 1. 1'ur~hahir ~~~ill t~takr an additiurtal caE'netil ]nall~' Citpotitl 1~']lIl ~ rt}~ Agent ~~-ithin tlu"e~: (;} husincss (lavs lit tlt.e anu)unt ul~ 9;1.`??,ff(lU (111c "Aclciitiana] !)eliosit'`}. "!'Ize initial E]ep(rsit and thc• I1lhI111onal I)epQtilt (CQIItiCIiVCI}' the "l)e!?usit'•). tt~ill be placed ~~'itlt 1}te'I'itlz .~l~ccnt in iu1 i:ttcrest huarirlg.frr~:()LII'il. ~i~TEh the p1'111cipal attd ilttcrest to he al~f~li~d a;~:ainst.the purchae pri~~ at the cl(ttiing, tlr returned to thG 1'urrhascr as described .hclcr~ti-: l~et•'ic«• l'crio(1 - Ptu'eha5cr «'i11 r~ge.lire a period of thirty {3f?) days {".1Zevirttr I'criod"). hZL'tlllllll+~ nn the clttto Purcliascr receives a f'u!!v ~sccttted 1'ttrcltatir :~1~~rr:cntcttt. to lttrl~~ntt itti dui .dili~~eltce includitr__ hui not limited to (i) structural. cn~.~ineerin!~ at~d ~n~~iruinnenta] studies ,teed inspections ot~ the !'ropcrty anc} {ii.] the rcvic~~r oi• lessee,. title. surrey, local la«- eontpliance. service contracts. bunks. rt;cordti and other documents and inii~rtnatictn relevant to the Property. Purchaser will require the right to tc:rntinale the !'urchasc A~_recment for ~tny rctason. or net rcasan. in it"s 5ulc discretion, at any time prior to the ezpiratiitn ai'tlte Review T'eriod. ~Jpon stick trrrtt~ination, }'ureltaser wauid rec~ivc a lit11 rtliind ofihc !)elausit and accrued interest. 7. Closing -'1'11c clusin~, of the l~ur~ltasc aticl 5a}e O'1•t111' Pt'upit•t}' i~'ctulii e~ccut" 1111 ittUl'~ than thirty 4_=()) says toll~7~t~in.~, the itti~r t)f the ~tipiratioil oi~tf~e IZei•ii~~" !'cri(rd art~l tltt ~iat~' c~ri which all cltnditirtlts to c:lusin~~ have buin satisl~ed ar r~•aived. CI+-sitt~ Costs - ['urcha;rr ly i'e~purlSihle tar its o~~~r1 due diligence costs. 1_?ach 1'tarly .~+~ill h~ respt~nsihle lctt• its u~t'n !~~?~! 1'2l'S. I'Ur'Cllascf Will pay f'Lti' lllc cost al'the u~vner's litl+` in~ur~ut~'c pctli~y. Scllcr• tvi11 pay I`c~r atZ~~ iransler taxes and (1t' lees :tstiocittled with the lransactic~tt. 4. ('orttn><i~sion "C'nnttttitisicttt is tea be paid by Purchaticr. ] (1. Non-Liindin~ Provisions - ft i5 e~press inttintiun of the parties hereto and d45pitc .tn~' (i 1 ~ErhS~yu~'nt ntgaltalle~lts, iii} any actions taken hcrealter by arty pau•ty h(;r~tu. and.•'~n" (iii} anv actual ur claim~.d reliance, that this letter d(tus not ~~i~°~ rise u~ any legally hindin~, ettintracutal ahligt-tiotts of Westr~~ck Limited or Sel14r. 't•his letter is not. and s1ta11 not br cunstru~d as. an nf'ier that t'iti{}' he accepted by Seller. The preparation. nsr~~citiaiion. tx~Ctlttttll ,end delivery of a l'arttlal tt~•itten Purchase A~~reement acceptahle to all parties are ecmclili~rns precedent lu !h~ crratic~n «f t~n}J le~;t~lly bine[in~~ ~unlrac:tual rr.latie~nsiiip ~tiith respect t.o the purchase e7r sale ca!• the I'rop4rty. 11• the ii~re~~erin;.~ noels ~+~~ith ~n~u- apprcfval• please s~ aeknc~wled~~e h.= ha~it~~, the later cxeculed uti l~el~alf'~I°Seller acid returt~irt~ it to r~~e nut ltttr that S.U4pni Mae 2I~~. 2E}0$. 1~a11owin~; limcly reecil~t c~t• thin Idler executed by Seller, Purchaser will st.thmi! iv Seller a.. purc.l~ase and sale a~r~rment reilec~tin~ the ht_ttiinetis terms ;ii>Ia cc~t~ditions described ahcs~~e. '!'Itaril: vuu ii~r vc}tu• ccinsideratiun. n ~ ~irKCrel~~, i ,, J ,{,<. ~. tieil ~f-hut~~.l,s~n [)ire~tcn• t~f rlcytrisilic,n~ Vl-eti~r•.~~ck I,tti. Apprawcd: _ __~ (Seller} 13~~: Natine: _. - - C)~tle c~l•1?x~~utioi~: 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: May 5, 2008 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 20, 2008 AUTHORIZATION TO PARTICIPATE IN CLASS ACTION LAWSUIT ITEM BEFORE COMMISSION Authorization to Participate in a Class Action Lawsuit Entitled Firm Solutions v. Lyon Financial Services, Inc. BACKGROUND The above-referenced case is a class action lawsuit against Lyon Financial Services and its affiliates due to overcharging its lessees for certain charges, property damage surcharges, origination charges, UCC filing fees and/or taxes. The City of Delray Beach paid personal property taxes between June 7, 2000 and September 26, 2007 in connection with the lease of business equipment from Toshiba Business Solutions, a company affiliated with Lyon Financial Services, Inc. The total amount of property taxes paid by the City was $299.70. Pursuant to the proposed settlement, the City may be entitled to be reimbursed for up to eighty percent (80%) of the amount paid ($239.76). The City Attorney's Office is seeking authorization to participate in the class action lawsuit in order to recoup some of the monies paid by the City. RECOMMENDATION Recommend approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq. THROUGH: City Attorney DATE: May 14, 2008 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 20, 2008 SETTLEMENT OFFER IN THE TIMOTHY CULHANE V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is a settlement offer in the claim of Timothy Culhane against The City of Delray Beach. BACKGROUND This is a subrogation of a property damage claim from Hartford Insurance company where Timothy Culhane alleged that Citizen Observer Patrol Volunteer Joseph Savitt failed to remain at a stop sign, hitting Mr. Culhane's vehicle on the right side. The property damage is assessed at $25,922.00. RECOMMENDATION The City Attorney recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: May 12, 2008 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MAY 20, 2008 SETTLEMENT OFFER IN ANDREW BOIS V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Offer to settle claim of Andrew C. Bois. BACKGROUND Plaintiff claims that he was discriminated against in December, 2006 when he applied to purchase a workforce housing unit within the City on account of his marital status and sexual orientation. Plaintiff filed a complaint with the Palm Beach County Office of Equal Opportunity alleging that the City's workforce housing ordinance is discriminatory with regard to Section 4.7.8 pertaining to "Resale and Subsequent Rentals of Affordable Units", which limits transfers of title without having to requalify for the unit to: i) Transfers by inheritance to the purchaser-owner's spouse or offspring; ii) Transfers of title to a spouse as part of a divorce dissolution; or iii) Acquisition of title or interest therein in conjunction with marriage proceeding. Plaintiff has alleged that this provision is discriminatory on the basis of sexual orientation and marital status. Plaintiff has offered to settle the case in the amount of Twenty-Five Thousand Dollars ($25,000.00), the alleged difference between the market rate and the workforce housing unit plus Five Thousand Two Hundred Dollars ($5,200.00) for his alleged attorney's fees and costs to date. RECOMMENDATION The City Attorney's Office recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: May 13, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MAY 20, 2008 APPOINTMENT TO THE BOARD OF AD,TUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Board of Adjustment. BACKGROUND At the direction of the City Commission, by virtue of Ordinance No. 47-07, the Board of Construction Appeals and the Board of Adjustment were combined. The Board of Construction Appeals was disbanded and their duties added to the Board of Adjustment. Ms. Patricia Neyra who was recently appointed to the Board of Adjustment resigned effective April 17, 2008. The resignation letter is attached for your review. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2009. The Board of Adjustment shall consist of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. The following individual has submitted an application and would like to be considered for appointment: James Houck (was a regular member on the Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve an unexpired term ending August 31, 2009. RECOMMENDATION Recommend appointment of one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. 04/ 08 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION 08 /31 /2009 Sigurdur Hardester Manager Appt 10/05/04 tmexp alt Re-appt 08/16/05 alt Re-appt 02/06/07 tmeap reg Re-a t 03/03/08 08 /31 /2008 Mel Pollack, Qiair Director-Security Alt Appt 08/19/03 Reg appt 01 /06/04 Unexp Reappt 08/03/04 Reappt 08/15/06 08 /31 /2008 Clifton NTiller Retired G eneral Unexp Appt 10/05/04 alt Contractor Unexp Appt 04/05/05 reg Reappt 08/31/06 08 /31 /2008 Harvey Stariry Vice Qiair Realtor Alt appt 01/13/04 RegAppt 08/03/04 Reappt 08/31/06 08 /31 /2009 Jess Sowards Architect Unexp Appt 05/01/07 alt R-eappt 02/19/08 alt t 03/03/08 re ALTERNATES 08 /31 /2009 Semard Federgreen Director of Operations Unexp Appt 02/20/07 R-eappt02/19/08 08 /31 /2009 Unexp Appt Vacant Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City Clerk/Board 08/Board of Adjustment APR 2 1 2008 ~~1T~' ~~~R~ EASTERN DEVELOPMENT, INC. i l4 Nw ~~ street Delray Beach, FL 33444 R~~R'VED ~ ~ ~ , ~ . Office: 561-276-388d ,~-F,° ~ ~i• ~(i Cell: ~s4-d84-8sos ~R ~ j ~ ~ ~ d MAID I Fax: 361-272-7746 E-Mail Eastern123(c~aal,com FACSIMILE DATE: April 17, 2008 TO: David Barden, City Manager FROM: Patricia Neyra 1tE: Board of Adjustment Alternate Member Please be advised that Y will be moving to Ft. Lauderdale & therefore would Gke to resign effectively immediately as momber ofthe above referenced board. CC: Palm Beach Courrty Supervisor of Elections ~• V P.11.~ cR ~o ~+~o 4 f a~ f o g MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: May 13, 2008 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MAY 20, 2008 APPOINTMENT TO THE BOLA BATON AVIATION ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Boca Raton Aviation Advisory Committee. BACKGROUND The term for Mr. Robert Conway will expire on May 31, 2008. Mr. Conway will have served one (1) full term, is eligible and would like to be considered for reappointment. The Boca Raton Aviation Advisory Committee includes one member to represent the City of Delray Beach. This member must be a City resident and cannot be an elected official or employee of the City. Members or employees of the Airport Authority are also not eligible for appointment to the Committee. The following individual has submitted an application and would like to be considered for appointment: Robert Conway Incumbent A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and he is registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for a regular member to serve a two (2) year term ending May 31, 2010. RECOMMENDATION Recommend appointment for one (1) regular member to serve a two (2) year term ending May 31, 2010. O6/O6 BOCA RATON AVIATION ADVISORY COMMITTEE IN ASSOCIATION WITH THE BOCA RATON AIRPORT AUTHORITY TERM EXPIRES NAME & ADDRESS 05 /31 /2008 Robert Conway, Qiair Unexp 03/15/05 Re t 06/06/06 Liaison Venice Cobb S/City Clerk/Board 08 /Boca Raton Aviation Advisory Committee Contact: Kim Singer 3 91-2202 ksinger@bocaairport.com 12 /23 /03 Per letter from Airport Manager, Ken Day, the Soca Raton Airport Authority has authorized and approved the dissolution of the Noise Compatibility Committee, and amended the Airport Authority Committee; whereby four additional members will be appointed by the Authority, of which will reside in the four Quadrants. (Northeast, Northwest, Southeast and Southwest) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 13, 2008 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ORDINANCE N0.08-08 ITEM BEFORE COMMISSION This ordinance repeals, in it entirety, Chapter 57, "Right-of-Way Application Process For Communications Facilities", of the Code of Ordinances and enacts a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of-way for the provision of communications service. BACKGROUND At the first reading on May 6, 2008, the Commission passed Ordinance No. 08-08. However, an advertisement was not published for the second reading of Ordinance 08-08 on May 20, 2008; therefore, postponement of second reading to the June 3, 2008 meeting is requested. RECOMMENDATION Recommend postponement of second reading for Ordinance No. 08-08 to the June 3, 2008 regular meeting. ORDINANCE NO. 8-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has made the following determination: WHEREAS, Section 337.401, Florida Statutes provides that because of the unique circumstances applicable to providers of Communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of Communications services, and because of the desire to promote competition among providers of Communications services, it is the intent of the Legislature that municipalities and counties treat providers of Communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement and maintenance of Communications facilities in the public roads or rights-of--way. Rules and regulations imposed by a municipality or City relating to the placement or maintenance of Communications facilities in its roads or rights-of--way must be generally applicable to all providers of Communications services, and, notwithstanding any other law, may not require a provider of Communications services, to apply for or enter into an individual license, franchise or other similar agreement with the municipality or City as a condition of placing or maintaining Communications facilities in its roads or rights-of--way; and WHEREAS, the City Commission of The City of Delray Beach, Florida ("Commission") has determined it is in the public interest of the City to permit the placement of one (1) or more Communications systems or facilities in the public rights-of--way of the City ;and WHEREAS, the public rights-of--way subject to the jurisdiction and control of the City (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation, and maintenance in the public rights-of--way, (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, Sections 337.401 and 364.0361, Florida Statutes, require that a local government treat Communications companies in a nondiscriminatory manner when exercising the authority to manage the public rights-of--way; and WHEREAS, it is the intent of the City Commission to encourage competition by providing access to the public rights-of--way of the City on a nondiscriminatory basis; and WHEREAS, it is the intention of the City Commission to recognize the interests of Communications service providers to install their facilities in public rights-of--way as a means of promoting the use of such technology for the good of the people of the City; and WHEREAS, the enactment of the Communications Act of 1996, amendments to applicable statutes of the State of Florida and developments in Communications technology and services have resulted in an increase in the number of persons certified by the Florida Public Service Commission to provide Communications Services; and WHEREAS, various Communications service providers have requested or may request the right to occupy the public rights-of--way of the City for the purpose of installing, maintaining and operating Communications systems or facilities; and WHEREAS, it is the intent of the City Commission to exercise the City's authority over the Communications service providers' occupancy of the public rights-of--way in compliance with applicable federal and state law; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 57, "Right-of--Way Application Process for Communications Facilities", of the Code of Ordinances is hereby repealed in its entirety and a new Chapter 57, "Communications Facilities in Public Rights-of-Way", is enacted to read as follows: CHAPTER 57 COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS OF WAY Sec. 57.01. Intent and Purpose. The City of Delray Beach the "City ") hereby declares as a legislative finding that the public rights-of--way within the City are a unique and physically limited resource that are critical to the travel and transport of persons and property in the City; that the public rights-of--way must be managed and controlled in a manner that enhances the health, safety and general welfare of the City and its citizens; and that the use and occupancy of the public rights-of--way by providers of Communications services must be subject to re~,ulation which can ensure minimal inconvenience to the public. coordinate users. maximize available sbace_ reduce maintenance and 2 costs to the public, and facilitate entry of an optimal number of providers of Communications services, including but not limited to telephony and cable, is in the public interest. It is the intent of the City to promote the public health, safety and general welfare b~ providing for the placement or maintenance of Communications facilities in the public ri ht~ s-of- way within the City limits; adopting and administering reasonable rules, regulations and e~ neral conditions not inconsistent with state and federal law, including Section 337.401, Florida Statutes 2007), as it may be amended from time to time, and in accordance with the provisions of the Federal Communications Act of 1996 and other federal and state law; establish reasonable rules, regulations and general conditions necessary to mana e~ the placement and maintenance of Communications facilities in the public rights-of--way by all Communications service providers; minimize disruption to the public rights-of--way; and require the restoration of the public ri~hts- of-way to original condition. This Chapter shall apply to any entity who seeks to construct, place, install, maintain or operate a Communications system or facilities, as such terms are defined herein, in the public rights-of--way, unless otherwise exempt by operation of applicable state or federal law. This Chapter shall be interpreted to be consistent with the Consumer Choice Act of 2007 of the state of Florida and to the extent not otherwise prohibited by the Act shall be applicable to the provision of cable service after July 1, 2007. This Chapter is not applicable to towers and antennas installed for the provision of wireless communication services. Sec. 57.02. Definitions. For the purpose of this Chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not otherwise defined in this section or in any permit that mi h~ t be r~ anted under this article shall be liven the meaning set forth in the Communications Act of 1934, 47 U.S.C. Section 151 et seq., as amended (collectively, the "Communications Act"), and, if not defined therein, as defined by state statute; and, if not defined therein, be construed to mean the common and ordinary meaning. ~A) "Abandonment" means the permanent cessation of all uses of a Communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be Abandonment of a facility in the public rights-of-wad ~B) "Affiliate" means each person, directly or indirectly, controlling, controlled by, or under common control with a Communications Services Provider that is registered with the CitX; provided that affiliate shall in no event mean any limited partner, member, or shareholder holding an interest of less than fifteen percent 15%) in such Communications Services Provider. ~C) "As-builts" mean the final and complete drawings and the final and complete electronic overview map~in autocad, microstation, mapinfo or ESRI format presented in the available computer input medium such as cd-rom, dvd or zip. Upon request of the City, as- builts, in both the drawings and the electronic overview map, must show the present state of a Communications Services Provider's facilities in the public rights-of-wav, including, but not limited to, the horizontal and vertical location of facilities located at least every one hundred (100) feet and at any alignment change. Horizontal locations on all points of facilities shall be from street centerline, or section or quarter section lines or corners. Vertical locations on all points of facilities shall consist of elevations in either City datum or United States Geological Survey datum. ~D) "City" means The City of Delray Beach, Florida, a political subdivision of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form. ~E) "Co-locate" or "Co-location" means the shared use of facilities, such as poles, ducts or conduit, including but not limited to the placement of conduit owned by more than one user of the public rights-of--wav in the same trench or boring and the placement of equipment owned by more than one user in the same conduit. Co-location does not include interconnection of facilities or the sale or purchase of capacity ~F) "Communications Company" or "Telecommunications Company" has the meaning set forth in Section 364.02(12), Florida Statutes, and includes any company providing communications services as defined in Section 202.11(2) and Section 337.401(6). Gl "Communications facility facility or facilities" means any facility that may be used to provide Communications Services, including but not limited to, equipment or propertX, including, but not limited to, cables, conduits, converters, splice boxes, cabinets, manholes, vaults, equipment, drains, surface location markers, appurtenances, located, to be located, used, or intended to be used, in the Public Rights-of--Way of the City to transmit, convey, route, receive, distribute, provide or offer Communications Services. ~H) "Communications Pass-Through Provider" means any person who places or maintains a Communications Facility in the roads or right of way of the City and who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes. (p "Communications Services" shall include, without limitation, the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by and through electronic, radio, satellite, cable optical, microwave, or other medium or method now in existence or hereafter devised. regardless of the brotocol used for such transmission or conveyance ~J) "Communications Services Provider" shall refer to any Person making available or providing Communications Services, as defined in Ch. 202.11(2) FL. Stat (2007), through the placement or use of a Communications Facility in the Public Rights of Wad 4 ~K) "Communications System or Systems" means any permanent or temporary plant, equipment and propertyplaced or maintained in the public rights-of--way that is occupied or used, or is capable of being occupied or used, by a Communications services provider for the purpose of producing, conveying, routing, transmitting, receiving, amplifying, distributingproviding or offering Communications services including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios and any associated poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, and other plant, equipment and pathway "Excavation" or other similar formulation of that term means the trenching or other disturbance to the public rights-of--way intended to chan e~ the grade or level of land or that causes any cavity, gap, depression, penetration or hole in the surface of the public rights-of-wad ~M) "FCC" means the Federal Communications Commission. ~N) "Government" means the United States of America, the State of Florida or the City of Delray Beach, Florida, and any of their respective agencies, departments or bureaus. ~O) "In the public rights-of--way" means in, along, on, over, under, across or through the public rights-of-wad ~P) "Law" means any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, Chapter, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended by the Communications Act of 1996, 47 U.S.C.A § 151 et seq~1996), and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing State authoritypursuant thereto. ~Q) "Person" means any individual, firm, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, association, corporation, company, organization or legal entity of any kind, including any affiliate, successor, assignee, transferee or personal representative thereof, and all other ,groups or combinations, and shall include the City to the extent that the City acts as a Communications services provider. Rl "Placement or maintenance" or other similar formulation of that term means the named actions interpreted broadly to encompass, among other things, erection, construction, reconstruction, installation, inspection, maintenance, placement, replacement, extension, expansion, repair, removal, operation, occupation, location, relocation, rg ading under~roundin~, trenching or excavation. Any Communications services provider that owns, leases or otherwise controls the use of a Communications system or facility in the public rights-of--way, including the physical control to maintain and repair, is "placing or maintaining" a Communications system or facility. A person providing service only through buying wholesale and then resellin i~ snot "placing or maintaining" the Communications facilities through which services is provided. The transmission and receipt of radio frequency signals through the airspace of the public ri ht~ s-of- way does not constitute "placing or maintaining" facilities in the public rights-of-wad ~S) "PSC" means the Florida Public Service Commission. ~T) "Public Rights-of--Way" means a road, street, highway, bride, tunnel or alley that is owned by the City, publicly held by the City or dedicated to the City for public use and over which the City has jurisdiction and control and may lawfull~~rant access pursuant to applicable law, and includes the space above, at or below the surface of such right-of--way excluding onlX those public easements over which the City lacks jurisdiction under Florida Law. ~U) "Registrant or facility owner" shall mean a Communications company or other person which seeks to use the public rights-of--way that has registered with the City in accordance with the provisions of this Chapter. ~V) "Registration and register" shall mean the process described in Section 57.03, whereby a Communications service provider provides certain information to the Cites Sec. 57.03. Registration. Al Each Communications service provider that desires to place. erect. construct install, locate, maintain, repair, extend, expand, remove, or relocate any Communications facilities in, under, over or across any public rights-of--way in the City shall be considered to be using the bublic rights-of--way and shall be reauired to register with the Citv in accordance with the terms of this Chapter ~B) Any Communications service provider desiring to use the public rights-of-waX shall file a registration with the City Manager or his/her designee, which shall include the following information: 1. Identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the registration; A statement of whether the applicant presently provides retail services to any Communications services customers within the jurisdictional limits of the City at the time of registration or whether the applicant simply intends to lease its facilities to other Communication Service Providers who will be providing direct service to retail customers within the jurisdictional limits of the City. This information will allow the City to follow up with the registrant at the time the registrant begins to make physical use of the public rights-of--way, and to determine whether a linear mile charge is applicable in accordance with Section 57.04 of this Chapter. 3. Evidence of the insurance coverage required under this Chapter and acknowledgment that registrant has received and reviewed a co~y of this Chapter; 4. A co~y of federal and/or state certification authorizin t~ he a~licant to provide Communications services; and 5. A security fund in accordance with this Chapter. 6. Acknowledgment that Registrant has received and reviewed a co~y of this Chapter. ~C) The City will review the information submitted by the a~licant. Such review will be by the City Manager or designee. If the a~licant submits information in accordance with Section 57.03 above, the registration shall be effective and the City shall notify the a~licant of the effectiveness of registration in writing. If the City determines that the information has not been submitted in accordance with Section 57.03 above, the City shall notify the a~licant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The CitX shall so reply to an a~licant within thirty (30) days after receipt of registration information from the a~licant. Upon notification of the non-effectiveness of the registration, nothing herein shall preclude the a~licant from filing a subsequent a~lication addressing the basis for the non- effectiveness. If the registrant disputes the determination of non-effectiveness for the particular application submitted, the only avenue of redress shall be an meal under Section 57.07(P). Failure to comply with the meals section for the particular a~lication found to be non-effective shall be sufficient grounds for the City to reject that particular a~lication in the future. A registrant may cancel a registration upon written notice to the City Manager or his/her designee stating that it will no longer maintain facilities in the public rights-of--way and will no longer need to pull permits to perform work in public rights-of--way. Within thirty~30) days of anX change in the information required to be submitted pursuant to Section 57.03, registrant shall provide updated information to the Cites ~D) A registration shall not convey title, equitable or legal, in the public rights-of-wad Registrants may only occu~y public rights-of--way for Communications facilities. Registration does not excuse a Communications Service Provider from obtaining a~ropriate access or pole attachment consents before locating its facilities on another person's facilities. Registration does not excuse a Communications Service Provider from complying with all a~licable CitX ordinances, including this ordinance. El Registration with the Citv shall be non-exclusive. Registration does not establish any priority for the use of the public rights-of--way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this Chapter and further subi ect to any additional Citv ordinances. as well as any state or federal laws that may be enacted during the term of the registration 7 Sec. 57.04. Fees and Payments. ~A) In consideration for the ri h~ ts, privileges and permission granted hereunder, a Registrant hereunder shall pay an annual Communications Service Tax as set forth in Chapter 202 Florida Statues. Said tax shall be in addition to any permit fees imposed by the CitX pursuant to an election made by the Citespursuant to Chapter 307.401 Florida Statutes. A Registrant who Maces or maintains a Communications Facility in the roads or rights of way of the City who does not remit taxes imposed pursuant to Chapter 202 Florida Statutes, also defined as a Pass Through Provider, shall pay to the City annually Five Hundred Dollars $SOO.OO~per linear mile or portion thereof in addition to any permit fees the City is authorized to collect. The linear mile charge authorized by this Section shall be based on the linear miles of roads or Rights of Way where a Communications Facility is placed, not based on a summation of the lengths of individual cables, conduits, strands or fiber. ~C) Notwithstanding anything to the contrary, the City hereby reserves the ri h~ t to require the maximum compensation allowed bylaw. ~D) Pursuant to Chapter 337.401(3)(f), nothing herein shall prohibit or impair anX voluntary agreement between a Registrant and the City which provides for or allows for the provision of in-kind compensation by the Registrant to the City in addition to the fees and payments set forth in Sections 57.04(A) and 57.04(B) above. Sec. 57.05. Reports and Records. ~A) A registrant shall provide the following documents to the City as received or filed: (1) Any pleadings, petitions, notices and documents re a~ rdin~ any legal proceeding involving any provisions of this Chapter or any permit or Agreement rg anted pursuant to this Chapter. (2) Any request for protection under bankruptcy laws, or anyjud~ment related to a declaration of bankruptcy ~B) In addition, the City may, at its option and upon reasonable notice to the registrant, inspect the facilities in the public rights-of--way and to require applicable reports and records including but not limited to FCC compliance and performance tests to ensure the safetX of its residents. ~C) Unless prohibited by applicable law, such other books, records, accounts and materials reasonably required by the City to determine compliance with this Chapter. ~D) The City shall keep any documentation, books and records of the re is~ trant confidential to the extent permitted under Florida Statutes. Sec. 57.06. Underground Installation; Relocation. ~A) A registrant shall install its facilities underground, unless such under rounding is not technically feasible. This provision shall apply only prospectively for all new facilities, and only to the extent that this obligation is not expressly prohibited by federal law, state law or applicable PSC rules and regulations. ~B) Every registrant that places or constructs Communications facilities under r~ ound shall maintain appropriate participation in the regional notification center for subsurface installations. Communications facilities heretofore or hereafter blaced ubon_ under. over or along any public rights-of-way that is found by the City to be unreasonably interferin i~ n anX way with the convenient, safe or continuous use, or the maintenance; improvement, extension or expansion of such public rights-of--way shall, upon written notice to the registrant or its a end t, be removed or relocated by such registrant at its own expense, within thirty (30) days of such notice, consistent with Section 337.403, Florida Statutes. The City Manager or his/her designee maX extend the time within which a registrant shall remove or relocate a Communications facility for good cause shown. ~D) The Registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or other pathway or any other facilities belonging to the City. Except to the extent damage is caused bX the City's dross ne~li~ence or the City's failure to comply with applicable law, subject to the applicable law, the registrant shall be liable to the City for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the CitX, and the registrant shall pay such costs upon demand. In the case of an emergency, the City maX commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the registrant. After thirty~30) days, the City maX obtain reimbursement from the security fund. In all other non-emergency circumstances, the registrant shall be~ven prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty~30) calendar days after receiving notice, the City maX cause the repairs to be made at the facility owner's expense, utilizing City employees, a end is or contractors, charge any and all costs, and require reimbursement within thirty~30) days after the submission of the bill by the City to the registrant. Alain, after thirty~30) days, the City maX obtain reimbursement from the security fund. Subiect to Section 337.403_ Florida Statutes. whenever an order of the Ci requires such removal or change in the location of any Communications facility from the public rights-of--way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the City may proceed to cause the Communications facility to be removed. The expense thereby incurred, except as provided in Section 337.403(1)(a)-(c), Florida Statutes, shall be paid out of any money available therefore, and such expense shall be charged against the owner of the Communications facility and levied, collected and paid to the Cites ~F) Subject to Section 337.404, Florida Statutes, whenever it shall be necessary for the City to remove or relocate any Communications facility, the owner of the Communications facility, or the owner's chief went, shall be liven written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty~20) nor more than thirty~30) days, to file an meal with the CitX Commission to contest the reasonableness of the order. Upon receipt of a written meal, the City Commission shall place the matter on its agenda for consideration within forty-five 45~ working days. Should the owner or the owner's representative not wear, the determination of the cost to the owner shall be final, in accordance with Section 337.404, Florida Statutes. ~G) A final order of the City, imposed pursuant to Florida Statutes and applicable provisions of this Chapter and the City code, if any, shall constitute a lien on andproperty of the owner and maybe enforced as provided therein. ~H) The City retains the right and privilege to cut or remove any facilities located within the public rights-of--way as the City Manager or his/her designee in reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall attempt to notify the owner of the facility, if known,~rior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility ~p Upon abandonment of a facility within the public rights-of--way of the City, the owner of the facility shall notify the City within ninety~90) days. Following receipt of such notice, the City may direct the facility owner to remove all or any portion of the facility if the City determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the City does not direct the removal of the abandoned facility by the owner of the facility and the facility owner chooses not to remove its facilities, then such owner, b_y its notice of abandonment to the City, shall be deemed to consent to the alteration or removal of all or andportion of the facility by another utility or person. ~J) A registrant shall, on the request of any person holding a permit issued by the City, temporarily raise or lower its Communications facilities to permit the work authorized bX the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in 10 advance. The registrant shall be liven not less than thirty (30) days advance notice to arrange for such temporary relocation. Sec. 57.07. Use of Rights-of--Way. ~A) A facility owner agrees at all times to comply with and abide by all a~licable provisions of the state statutes and local laws including, but not limited to, a~licable zoning re~,ulations not inconsistent with state and federal laws. ~B) Except in the case of an emergency, no Communications Service Provider shall construct any facility over, under or within any public rights-of--way which disrupts the public rights-of--way without first filing an a~lication with and obtaining a permit from the CitX therefore, pursuant to a~licable permitting requirements of the City and other a~licable CitX Code requirements, except as otherwise provided in this Chapter. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out of service condition of apre-existing service. Registrant shall still be required to provide prior notice to the City in the event of an emergency. For the purposes of the notice requirements herein, the City shall provide the registrant with a City contract. When work is performed on an emergency basis, the registrant must still a~lv for a permit by the following business day in accordance with the City's permitting guidelines. In all instances, the registrant shall restore all dammed property and indemnify the City from any and all damages caused by the registrant's emergency work. Unless otherwise required by this Chapter, the City may waive the permit requirement in cases where there will be no disruption of the public rights-of-wad ~C) As part of any permit a~lication with respect to new or existing facilities in the public rights-of--way, where a~licable, the registrant shall provide a proposal for construction of the Communications facility that sets forth at least the following: (1) An en ink eerin~plan identifying the location of the proposed facility, including a description of the facilities to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights-of--way. The plan shall include a current survey of all existing improvements. (2) Maps showing the routing of new construction that involves an alteration to the surface or subsurface of the public rights-of--way. A registrant may not begin construction until the plans and drawings have been a~roved in writing by the Cites (3) A description of the manner in which the facility will be installed (i.e., anticibated construction methods and/or techniauesl. (4) The time required to place the facility 11 (5) A maintenance of traffic plan for any disruption of the public ri ht~ s-of- way. (6) Information on the ability of the public rights-of--way to accommodate the proposed facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the public rights-of--way) (7) If appropriate, liven the facility proposed, an estimate of the cost of restoration of the public rights-of-wad (8) And, such plan shall include the timetable for construction for each phase of the project and the areas of the City that will be affected. (9) Any such additional information as the City Manager or his/her designee finds reasonably necessary to review an application for a permit to perform work in the public rights-of-wad ~D) If there is insufficient space to accommodate all of the requests to occu~y or use the rights-of--way, to the extent not otherwise prohibited by state or federal law, the City shall have the power to prohibit or limit the placement of new or additional facilities within the public rights-of--way for the protection of existing facilities in the public rights-of--way, or for Citesplans for public improvements, which have been determined by the City to be in the public interest. (1) In case of conflict or interference between the facilities of different registrants, the registrant whose facilities were first permitted shall have priority over a competing registrant's use of the public rights-of-way. The resolution of any conflict or interference shall be made in a manner that is consistent with the non-discrimination provisions of the Federal Communications Act of 1996. (2) There may be from time to time within the City various easements and streets, which the City does not have the unqualified right to authorize registrant to use; therefore, the City does not warrant or represent as to any particular easement, rights-of--way, or portion of aright-of--way or easement, that it has the right to authorize the registrant to install or maintain portions of its facilities therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon the registrant. The CitX shall not be required to assume any responsibility for the securing of any rights-of-waX, easements or other rights that may be required by the registrant for the installations of its facilities, nor shall the City be responsible for securing any permits or agreements with other persons or utilities. (3) Nothing in this Chapter shall affect the City's authority to add, vacate, or abandon public rights-of--way, and the City makes no warranties or representations re a~ rdin~ the availability of any added, vacated or abandoned public rights-of--way for Communications facilities. 12 (4) Upon request of the City, a registrant may be required to coordinate the placement or maintenance of facilities under a permit with any other work, construction, installation or repairs that maybe occurring or scheduled to occur within a reasonable time frame in the subject public rights-of--way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbances in the public rights-of-wad ~E) All facilities shall be installed, located and maintained so as not to unreasonablX interfere with the use of the public rights-of--way by the public and so as not to cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights-of--way. The registrant shall be liable for costs and expenses for the displacement, damage or destruction of any irri ate ion system or landscaping within the public rights-of--way, to the extent not covered by the construction bond. In the event the registrant fails to make the a~ropriate repairs to restore such property to as good a condition as existed prior to the commencement of the work, the affected property owner may file a complaint with the CitX Manager or his/her designee. In this instance, the registrant shall be~ven prior written notice of the necessary repairs by the City Manager or his/her designee. If such repairs are not performed in a reasonable and satisfactory manner within thirty (30) calendar days after receiving notice, the City may cause the repairs to be made at the facility owner's expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the City to the registrant. After thirty~30) days, the City maX obtain reimbursement from the security fund. The prior written notice described in this subsection shall be considered a final written decision for purposes of the a~ellate rights outlined in subsection (P) of this Section. The use of trenchless technolo~v (i.e.. directional bore methodl for the installation of facilities in the public rights-of--way, as well as joint trenching and/or the co-location of facilities in existing conduit, is strongly encouraged and should be employed wherever possible. ~G) The City Manager or his/her designee may issue such additional rules and re~,ulations concerning the placement and maintenance of a Communications facility in the public rights-of--way as may be consistent with a~licable law and not inconsistent with this Chapter. ~H) All safety practices required by a~licable law, or accepted industry practices and standards, shall be used during construction, maintenance and repair of the Communications facilities. Registrant's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares or other devices, as are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any requirements of the City to protect all members of the public having occasion to use the portion of the streets involved or adjacent property 13 ~p If, at any time during the term of the rights granted herein, the City shall lawfully elect to alter, or chan e~ the grade of, any public rights-of-way, upon reasonable notice by the City, the registrant shall make any necessary removals, relayin~ and relocations of its Communications facilities at its own expense, in accordance with applicable law. The CitX reserves the ri h~ t to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, Communications or other types of facilities, cables or conduits, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in the public rights-of--way occupied by the re ~ std rant. ~J) A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public ri~hts_ of-way as a result of its construction. (1) The registrant shall, at its own expense, restore such property to as o~ od a condition as existed prior to commencement of work. A registrant shall guarantee its restoration for a period of twelve (12) months after the completion of such restoration. If such restoration is not performed in a reasonable and satisfactory manner within thirty~30) calendar days after the completion of construction, the City may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing City employees, agents or contractors, charge any and all costs, and require reimbursement within thirty~30) days after the submission of the bill by the City to the re ' std rant. (2) A permit from the City constitutes authorization to undertake only certain activities on public rights-of--way in accordance with this Chapter, and does not create a propertX right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-wad All ongoing installation. construction and maintenance of a Communications facility located in the public rights-of--way shall be subject to the City's periodic inspection for compliance with this Chapter, or any applicable provisions of this Chapter and City Codes. A facility owner shall not Mace its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of--way of the Cites ~M) The registrant shall, upon request of the City Engineer or his/her designee, and at no cost to the City, produce and provide to the City Engineer or his/her designee a complete set of as-built plans including but not limited to, horizontal and typical vertical profiles, within sixtX (60) days after construction of any portion of the system. A registrant shall cooperate with the City by providin tg imely and complete information under this subsection. Upon completion of any installation or construction of new facilities in public rights-of--way, the registrant shall provide, at no cost to the City, such information as may be requested showing the exact location of its facilities and structures, including but not limited to, maps, geographical information systems, plats, construction documents, drawings and any other information the City may find 14 reasonably necessary. If available, such plans shall be provided in digitized format showing the two-dimensional location of the facilities based upon the City's geographical database datums, or other format acceptable to the City Manager. All information required by this Section shall be maintained in accordance with the public records laws of the State of Florida. ~N) Suspension or denial of Permits. Subject to subsection (P) below, the CitX Manager or a designee may suspend an existing permit or deny an a~lication for a permit for work in the public rights-of--way for one or more of the following reasons: (1) Violation of permit conditions, including conditions set forth in this Chapter or other applicable provisions of City Codes or regulations ~overnin~ use of public rights-of--way; or (2) Misrepresentation or fraud by registrant in a registration or permit application to the City; or (3) Failure to relocate or remove facilities as may be lawfully required by the City; or (4) Failure of registrant, its employees, agents or subcontractors, in connection with the subj ect permit, to Place barricades or signs around the work bl Take reasonable safety brecautions to alert the bublic of work at the work site, or (c) Repair, replace and restore any sidewalk, street, alley, pavement, water. sewer or other utility line or abburtenance_ soil. landscabing_ dirt or other imbrovement_ roperty or structure of any nature In the event of such failure, the City may perform the work utilizing CitX employees, agents or contractors, charge any and all costs, and registrant shall be required to reimburse the City within thirty~30) calendar days after the submission of the bill by the City to registrant. In the event the City incurred costs as described herein, the registrant shall be required to reimburse the City for any and all such costs before the suspension or denial can be lifted. The City Manager or his/her designee shall have the discretion to waive this requirement. Ol Immediately after the suspension or denial of a hermit bursuant to this Section. the City shall provide written notice of the violation, which notice shall contain a description of the violation. A final written decision of the City Mana eg r suspending a permit or denying an application for a registration is subject to meal. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted. 15 ~P) All final written decisions may be appealed by filing a written notice of meal with the City Clerk and providing copies to the City Manager and City Attorney. An meal must be filed with the City within thirty~30) days of the date of the final, written decision to be appealed. Any meal not timely filed as set forth herein shall be waived. The notice of meal shall state the decision that is being a~ealed, the grounds for meal, a brief summary of the relief sought, and shall be accompanied by anon-refundable fee of $100.00. The CitX Commission may affirm, modify or reverse the decision of the City Manager. The City Manager or his/her designee shall notify any party who has filed a written request for such notification of the date when the matter will be presented to the City Commission. Nothing contained herein shall preclude the City Commission from seeking additional information prior to rendering a final decision. The decision of the City Commission shall be by written order and a co~y of the decision shall be forwarded to the City Manager and the a~pealing_party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the City Commission may meal an adverse decision to the Circuit Court in and for Palm Beach County, Florida, or applicable federal or district court in Palm Beach County. The party makin tg he meal shall be required to pay to the City Clerk a fee as established by the Clerk. ~Q) In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers by providing cable services, or any other services other than the provision of Communications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from City for such activities as maybe required by applicable law. ~R) To the extent that andperson or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of--way of the City, the person or registrant shall make no claim, nor assert any right which will impede the lawful exercise of the City's rights, including requiring the removal of such facilities from the public rights-of--way of the City, regardless of the effect on the person's ability to provide service, or on the registrant's ability to maintain its own Communications facilities in the public rights-of--way of the Cites Sec. 57.08. Involuntary Termination of Registration ~A) The involuntary termination of a registration may only be accomplished by an action of the City Commission. The City may declare the registration terminated and revoke and cancel all privileges granted under that registration if: (1) A federal or state authority suspends, denies, or revokes a registrant's certification to brovide Communications service. 16 (2) The registrant is adjudicated bankrupt by a United States District Court or through any legal proceeding of anv kind, or that a receiver is anointed to take possession of the assets of the registrant, or (3) Fails to provide proof of required insurance. The registrant abandons all of its facilities. ~B) Prior to such termination of the City resulting from a violation of anv of the provisions of this Section, the registrant shall be notified by the City Manager or his/her designee with a written notice setting forth all matters pertinent to such violation and describing the action of the City with respect thereto. The registrant shall have sixty~60) days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the City Commission to accomplish the same. In the event of an emergency, the City may take appropriate action in accordance with Section 57.06 of this Chapter. In the event of a vote by the City Commission to terminate, the registrant shall, within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render safe every portion of the facilities remaining with the public rights-of--way of the City. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the City maX either: (1) Require the registrant's bonding company to remove some or all of the facilities from the public rights-of--way and restore the public rights-of--way to its proper condition, or (2) The City may require that some or all of the facilities be removed and the public rights-of--way restored to its proper condition at the registrant's expense, utilizing CitX employees, agents or contractors, and charge anv and all costs, and require reimbursement. ~C) The obligations of the registrant and the bonding company hereunder shall survive for a period of twenty-four 24) months from the termination of the registration. In the event of a termination of registration, this provision does not permit the City to cause the removal of anX facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state communications agencies and is properlX registered with the City for such certificated service, under this Chapter. Sec. 57.09. Compliance with Other Laws; Police Power. A facility owner shall at all times be subiect to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the City, to the extent not inconsistent with applicable laws. Sec. 57.10. Transfer of Control; Sale or Assignment. 17 ~A) If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this Chapter. Written notice of any transfer, sale or assignment shall be provided to the City within twenty~20) days following the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, the transferee or assignee must comply with the registration requirements under Section 57.03 of this Chapter. ~B) Notwithstanding anythin~ in this Chapter, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its Communications facilities may be made to any person with notice to the City. Any mortgage, pledge, lease or other encumbrance of the Communications facilities shall be subject and subordinate to the rights of the City by virtue of this Chapter or other applicable law. Sec. 57.11. Insurance; Surety; Indemnification. Al A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the City, its officers, boards, Commission, Commission members, agents and employees as additional insureds; worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial e~ neral liability insurance with respect to the construction, operation and maintenance of the Communications facilities, and the conduct of registrant's business in the City, in the minimum amounts of: (1) $500,000 for property dama e~ in any one accident; (2) $1,000,000 for personal bodily injury to any one person; and (3) $2,000,000 for personal bodily injury in any one accident. The policy shall also provide that the City will be given a thirty (30) day written notice of cancellation or non-renewal. ~B) All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, except as provided in Subsection 57.ll(D) below The City maX require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by this Section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the City's Risk Manager. ~C) A registrant shall keep on file with the City certificates of insurance which certificates shall indicate that the City, its officers, boards, Commission, Commission members, agents and employees are listed as additional insureds. In the event of a potential claim such that 18 the City claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. ~D) The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been liven to the City. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfaction to the CitX that complies with this Chapter. A registrant that elects to self-insure all or a portion of the insurance coverage and limit requirements required by this Section is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under this Section. A registrant that elects to self-insure shall provide to the City evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this Section, such as evidence that the registrant is a "private self- insurer" under the Workers Compensation Act. For purposes of this Section, "self-insure" shall also include a registrant that insures through a "captive insurer," as defined in Section 628.901, Florida Statutes. ~E) Registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedin~jud~ments for damages or equitable relief, and costs and expenses sustained by the City in connection with each such claim, suit, cause of action or proceeding including, but not limited to, attorneys' fees, arising out of the construction, maintenance or operation of its Communications system or facilities in the public rights-of-waX, regardless of whether the act or omission complained of is authorized, allowed or prohibited bX this Chapter; provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the sole negligence of the City. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. City agrees to notify the registrant, in writing, within a reasonable time of the City receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any liti ate ion by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict, or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted 1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and 2) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. Sec. 57.12. Construction Bond. ~A) Except in the case of an emergency, as described in Section 57.07(B) of this Chapter, prior to performing substantial work in the public rights-of--way, as determined by the City Engineer, a registrant may be required to establish in the City's favor a construction bond in an amount specified in an en ing eerin~permit or other authorization as necessary to ensure the registrant's faithful berformance of the construction in the bublic rights-of-wav_ in accordance 19 with applicable sections of this Chapter or the City code. The amount of the construction bond shall be as set forth in the en ink eerin~permit, and may be modified in the City Manager or his designee's reasonable discretion, based upon the cost of the restoration to take place in the public rights-of--way, and any previous history of the registrant concerning restoration within the public rights-of--way of the City. The City Manager, in his or her discretion, or designee, may request a certified estimate of the cost of restoration by a Florida registered professional civil engineer, or certified by a person who is exempt from such requirements as provided in Section 471.003, Florida Statutes. ~B) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable,,jointly and severally from the principal and surety of the bond, anX damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. ~C) Twelve (12) months after completion of the construction and satisfaction of all obligations in accordance with the bond, the City shall eliminate the bond. Notwithstanding, the City may require a new bond for any subsequent work performed in the public rights-of-wad ~D) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of the City Attorney, and shall provide that: This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the CitX, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew. ~E) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Chapter, or at law or equity ~F) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the Citv may have. Sec. 57.13. Security Fund. ~A) At the time of registration, the registrant shall file with the City Mana eg r or his/her designee, for his/her approval, a cash security, a bond, or irrevocable letter of credit in the sum of Twenty-Five Thousand Dollars ($25,000.00), in a form acceptable to the City Mana eg r or a designee, which shall serve, and be referred to, as the "security fund." For purposes of the 20 bond and irrevocable letter of credit, the registrant must have as a surety a company qualified to do business in the State of Florida. The cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this Chapter, and to pay any taxes, fees or liens. The bond or irrevocable letter of credit shall be furnished annually, or as frequently as necessary, and shall provide a continuin~~uarantee of the registrant's full and faithful performance at all times. Should the City draw upon the cash security, bond, or irrevocable letter of credit, the City shall promptly notify the registrant, and the registrant shall within thirty~30~ calendar days restore the cash security, annual bond or irrevocable letter of credit, to the full required amount. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this Chapter, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation or indemnification, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The cash security, bond or letter of credit may be waived by the City Manager where the City Manager determines that the security fund is not necessary to secure the required performance under this Chapter. The CitX may from time to time increase the amount of the security fund to reflect the increased risks to the City and to the public. ~B) Additionally, the City, upon thirty~30) days advance written notice clearly stating the amount and the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the registrant has not reimbursed the City for such amount within the thirty~30) day notice period. Withdrawals maX be made if the re ist~ rant: (1) Fails to make any payment required to be made under any part of this Chapter. Nothing in this Section, however, shall create a limitation or prevent the City from immediately making a withdrawal for non-payment, from the security fund on the thirty-first (31st) calendar day after the submission of a bill to the Re 'std rant. (2) Fails to pay any liens relating to the facilities that are due and unpaid. (3) Fails to reimburse the City for any damages, claims, costs or expenses that the City has been compelled to pay or incur by reason of any action or non-performance by the registrant arising out of the construction, maintenance or operation of its Communications system or facilities; or (4) Fails to comply with any provision of this Chapter, which failure the CitX determines can be remedied by an expenditure of an amount from the security fund. ~C) Within thirty~30) days after receipt of written notice from the City that anX amount has been withdrawn from the security fund, the registrant shall restore the security fund to the amount specified in this Chapter. 21 ~D) The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this Chapter or authorized by other law, and no action,~roceedin~ or exercise of a right with respect to such security fund will affect any other right the City may have. Sec. 57.14. Enforcement Remedies Al In addition to any other remedies available at law or eauity_ or provided in this Chapter, the City may apply any one or a combination of the following remedies in the event a registrant violates this Chapter, or applicable local law, or order related to use of the public rights-of-wad (1) Registrant's failure to comply with the provisions of this Chapter, or law applicable to users and/or occupants of the public rights-of--way, may result in imposition of penalties to be paid by the registrant to the City in an amount of not less than One Hundred Dollars (~ 100.001 per dav. or Bart thereof that the violation continues. (2) A registrant's failure to obtain a permit before commencing work, except in cases of an emergency, may result in imposition of penalties to be paid to the City in an amount of not less than One Thousand Dollars ($1,000.00) per day, or part thereof that the violation continues. (3) In addition to or instead of any other remedy, the City may seek le a~ 1 or eauitable relief from any court of competent iurisdiction. ~B) Before imposing a fine pursuant to this Section, the City Manager or a designee shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have thirty (30) days to either: (1) Cure the violation and the City Manager or a designee shall make food faith reasonable efforts to assist in resolving the violation. or (2) File an meal in accordance with Section 57.07(P). If the violation is not cured within that thirty~30) day period, and no meal is filed, the City may collect all fines owed, be i~ nnin~ with the first day of the violation, either bX removing such amount from the security fund or through any other means allowed bylaw. ~C) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations and such other matters as the City determines are appropriate to the public interest. 22 ~D) Failure of the City to enforce anv requirements of this Chapter shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. ~E) In anv proceeding before the City Commission wherein there exists an issue with respect to a registrant's performance of its obli ate ions pursuant to this Chapter, the re 's~ trant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the Chapter. The City Commission may find a registrant that does not demonstrate compliance with the terms and conditions of this Chapter in default and apply anv one or combination of the remedies otherwise authorized by this Chapter. ~F) The City Manager or his/her designee shall be responsible for administration and enforcement of this Chapter, and is authorized to i~ ve anv notice required by law. ~G) Nothing in this Chapter shall affect the remedies the registrant has available under applicable law. Sec. 57.15. Force Maieure In the event a registrant's performance of or compliance with anv of the provisions of this Chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiouslX cure or correct any such inability to perform or comply. For purposes of this Chapter, causes or events not within a facility owners control shall include, without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental a~encX or court. Causes or events within registrant's control, and thus not falling within this Section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. Sec. 57.16. Reservation of Rights ~A) The City reserves the right to amend this Chapter as it shall find necessary in the lawful exercise of its police powers. ~B) The provisions of this Chapter shall be applicable to all Communications facilities permitted to be placed in the public rights-of--way, on or after the effective date of Ordinance 8- 08, and shall apply to all existing Communications facilities in the public rights-of--way prior to the effective date of Ordinance 8-08, to the full extent permitted by state and federal law. 23 Providers with existing lines and cables have one hundred twenty day~120) from the effective date of Ordinance 8-08 to comply with the terms of this Chapter, or be in violation thereof. ~C) The City reserves to itself the right to intervene in any suit, action or proceeding involving andprovision of this Chapter. Registrant agrees to advise City of any such suits. Section 2. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such 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 3. That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this Ordinance shall become effective upon filing with the Department of State. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk MAYOR 24 MEMORANDUM T0: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney DATE: April 22, 2008 SUBJECT: AGENDA ITEM 12.A. -Regular Commission Meeting OF May 6, 2008 Ordinance No. 08-08 -First Reading Item Before Commission The item before the Commission is Ordinance 8-08 which repeals Chapter 57, ~~Right-of-Way Application Process for Communications Facilities" and enacts a new Chapter 57, ~~Communications Facilities in Public Rights-of-Way. Background The Consumer Choice Act of 2007 (Florida HB 529) provided that cable franchises from the date of adoption of HB 529 forward would be awarded by the State. This legislation was presumably enacted to streamline the process of cable providers obtaining the right to operate in different jurisdictions without the need to go to each local government, with different requirements, and obtain a franchise. The Consumer Choice Act provides that a cable operator may obtain a certificate from the State by filing an application and preempts counties and municipalities from awarding cable franchises. This ordinance does not affect the City's cable franchise, which is set to expire in 2015, nor does it affect any fees the City receives from utility franchises. This ordinance governs the placement of communications facilities in the City's rights-of-ways pursuant to Florida Statute 337.401. The ordinance updates the City's current ordinance to (a) specifically reference the Consumer Choice Act of 2007, (b) include the fee requirement applicable to pass through providers, and (c) include requirements for insurance, security and construction bonds to the extent not otherwise prohibited. AT&T had also reviewed this proposed ordinance and requested that several changes be made. Certain changes, such as minor modifications to the definitions of ~~As Builts"and ~~Public rights-of-way" were made and language was added to clarify when the City may require utilities to be installed underground. Language was also added to Section 57.06(D) to provide that an applicant is not responsible for damage to utilities caused by the City's gross negligence or failure to comply with law. Although we did not make the exact changes requested by AT&T on the items mentioned above, we did attempt to alleviate some of their concerns. AT&T further requested that the City not require both a construction bond and a security fund, we did not make this change as we feel that the security fund requirement is small compared to the potential cost of repair work. AT&T also requested a change in Section 57.05 ~~Reports and Records" as their position is that it is contrary to state law. No changes were made to this section as we feel it contains language that provides that the City may only make requests that are not prohibited by law. Some of the specific changes are as follows: -Some definitions, such as ~~affiliate", ~~as-builts", ~~co-locate" and ~~communications pass-through provider" were added while other definitions, such as ~~communications services" were modified to now reflect that cable service is included in the definition of ~~communication services". -Section 57.03, Registration -This section was condensed and language that was needed when the ordinance was first enacted in 2001 was removed. -Section 57.04 Fees and Payments -This section was added to reflect that those registrants that do not pay the communications services tax are required to pay a $500.00 per linear mile annual fee to the City. -Section 57.05 Reports and Records -This section was added to require the registrant to provide those documents as requested by the City that will determine compliance with this Chapter. -Section 57.06 Underground Installation; Relocation -This section was added to provide that new facilities shall be required to go underground, if technically feasible, and if it is not in violation of any federal or state law or rule. This section also provides that the registrant shall be responsible for any damage caused to other utilities already in place and sets forth the procedure for abandonment (which was also included in the previous Chapter 57). -Section 57.07 Use of Rights-of-Way -This section clarifies the previous language regarding the documents needed for the permit application; the placement of the facility in the public rights-of- way; the rights granted under the permit; the ability of the City to suspend or deny a permit; and the appeal process regarding a suspension or denial of a permit. -Section 57.10 Transfer of Control; Sale or Assignment - If a registrant transfers or assigns its registration, the entity that the registration is transferred or sold to must comply with this Chapter. -Section 57.11 Insurance; Surety; Indemnification -This section modifies the existing provisions regarding insurance by specifically setting forth the insurance amounts required and the minimum specifications for those companies. -Section 57.12 Construction Bond -was modified to reflect that a construction bond may be required of a registrant for ~~substantial" work in the right-of-way. -Section 57.13 Security Fund - a provision was added to this section that specifically sets forth the ways the City may withdraw funds from the security fund. -Section 57.14 Enforcement Remedies -this section was modified to reflect specific dollar amounts for failure to comply with the requirements of this Chapter, such as, a fine of at least $100.00 per day for failure to comply with this Chapter and a fine of $1,000.00 per day for failure to obtain a permit prior to starting work; however, the City may seek any other remedy available to it as well. Recommendation Staff recommends approval of Ordinance 8-08. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 13, 2008 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ORDINANCE N0.21-08 ITEM BEFORE COMMISSION This ordinance amends Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. BACKGROUND At the first reading on May 6, 2008, the Commission passed Ordinance No. 21-08. However, an advertisement was not published for the second reading of Ordinance 21-08 on May 20, 2008; therefore, postponement of second reading to the June 3, 2008 meeting is requested. RECOMMENDATION Recommend postponement of second reading for Ordinance No. 21-08 to the June 3, 2008 regular meeting. ORDINANCE N0.21-08 AN ORDINANCE OF THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", SY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL SE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of Ordinances to reflect current Community Development Block Grant (CDSG) requirements. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COM1Vi<SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follow: Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. (A) The details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City QZarter and the current revision of the Cites Code, except as set forth in subsection (i) a~~ (ii) and iii below (i) ~Persov~l Seruc~s Contracts.] Personal services contracts are contracts that involve a particular skill or ability, such as, but not limited to, contracts for artistic work, that are dependent upon specialized expertise, skill and experience. Personal services contracts are not subject to the competitive bid requirements of this Chapter, unless required by State law (ii) Community Development Block Grant (CDBG) Projects. Purchasing and securing contracts for CDSG proiects shall be in accordance with the CDSG Manual adopted by the Commission. {i}}~ mutations to Nerotiate. An invitation to negotiate is a process that maybe used by the City when it is seeking a response which involves a novel approach or technological solution regarding the purchase of services and/or products. Invitations to negotiate are not subject to the competitive bid requirements of this Chapter, unless required by State Law (S) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not required by this Chapter. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. N0.21-08 MEMORANDUM T0: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: April 14, 2008 SUBJECT: AGENDA ITEM 12. B. -Regular Commission Meeting OF May 6, 2008 Ordinance No. 21-08 -First Reading Item Before Commission The item before Commission is Ordinance No. 21-08 An ordinance amending Chapter 36, ~~Finance; City Property Transactions", Section 36.01, ~~Compliance With Standard Practice Instructions", to address purchasing and securing contracts for Community Development Block Grant projects. Background The attached Ordinance No. 21-08 proposes to codify our current practice with regards to securing contracts for CDBG projects in order to bring our code into compliance with CDBG requirements. Recommendation City Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: RONALD R. HOGGARD, JR., AICP, PRINCIPAL PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 15, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MAY 20, 2008 ORDINANCE NO. 17-08 -TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2008- 1 ITEM BEFORE COMMISSION Due to additional time needed to complete the amendment and a consensus by the Planning and Zoning Board that the item should be scheduled for consideration at their workshop meeting (tentatively scheduled for June 9, 2008) prior to formal Planning and Zoning Board action, staff recommends continuation of the Transmittal Hearing for Comprehensive Plan Amendment 2008-1 to the meeting of June 17, 2008. ORDINANCE NO. 17-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" 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 Regulation 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 2008-1; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held public hearings on April 21, 2008 and May 19, 2008, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearings, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2008-1 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2008-1 was submitted to and reviewed by the City Commission; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2008-1 was held by the City Commission on May 20, 2008, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, following review by the Florida Department of Community Affairs a second public hearing will beheld, 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 recitations set forth above are incorporated herein. Section 2. 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 3. 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 2008-1," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2008-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO.17-08 Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO.17-08