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05-04-04 Agenda RegCity of Delray Beach Regular Commission Meeting Tuesday. May 4. 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Gommission Ghambers Delray Beach Gity HaH 100 NW Et Avenue Deltay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion wad official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutee or lees. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Ce Regular Agenda wad First Reading Items: When extraordinary circumstances or reasons exist wad at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. 8IGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name wad address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELIATE PROCEDURE8 Please be advised that ii a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C~1.1.. INVOCATION. PLEDGE OF AI.I.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: April 13, 2004 - Regular Minutes April 20, 2004 - Regular Minutes PROCLAMATIONS: Carver High School Reunion Nat/omi Preservation Week - May 3-9, 2004 PRESENTATIONS: Awards Presentation - Historic Preservation Week Poster Contest Historic Preservation Board Awards for Outstanding Preservation Work Delray Affair - Lynn Bialakis CONSENT AGENDA: City Manager Recommends Approval. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 15, 2004. FINAL SUBDMSION PLAT APPROVAL/HARBOUR HOUSE PLAT: Approve the subdivision plat for Harbour House, a four (4) lot fee simple townhouse development, located at the northwest comer of N.E. Is' Street and the Intracoastal Waterway. RESOLUTION NO. 34-04: Approve the abandonment of a portion of Canal Street right-of-way lying at the northwest comer of N.E. 1s~ Street and the Intracoastal Waterway, adjacent to the proposed Harbour House Plat. ACCEPTANCE OF UTILITY EASEMENT AGREEMENT/PORTEN CUSTOM HOMES, L.C.: Approve a utility easement agreement associated with the abandonment of a portion of Canal Street, located on the northwest comer of N.E. 1'~ Street and the Intracoastal Waterway. ACCEPTANCE OF SIDEWALK EASEMENT: Approve acceptance of a sidewalk easement for Lot 6, Block 59-Linehan Property, located on the east side of N.W. 1't Avenue, north of N.W. 1*t Street. 05-04-2004 PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for the Parks & Recreation Department's participation in the Palm Beach County Court Community Service Program for community service workers at Pompey Park. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIl.: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $283,471.00 for the City's out of school program, day camps and summer camp programs. SERVICE AUTHORIZATION NO. 10/HF.I.I.~.R-WEAVER AND SHEREMETA, INC.: Approve Service Authorization No. 10 to Heller-Weaver and Sheremeta, Inc. in the amount of $15,720.00 for the Lake Ida Area Water Main Improvement Topographic Survey Project. Funding is available from 442-5178-536- 65.98 (Water/Sewer Renewal & Replacement/Lake Ida Area). SERVICE AUTHORIZATION NO. 6/RIMLEY-HORN AND ASSOCIATE$~ INC.: Approve Service Authorization No. 6 to Kimley-Hom and Associates, Inc. in the amount of $151,970.00 for professional engineering services related to the corridor study of U.S. 1 from S.E. 4th Street to N.E. 4th Street. Funding is available from the Community Redevelopment Agency. CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING AND DRAINAGE, INC.: Approve Change Order No. 2 in the amount of a $5,030.00 decrease, and final payment in the amount of $15,612.80 to Rosso Paving and Drainage, Inc. for completion of the Sherwood Park Traffic Calming Project. Funding is available from 334-3162-541-65.60 (General Construction Fund/Traffic CaLming). CHANGE ORDER NO. 1/FINAL PAYMENT/R.PM GENERAl. CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of a $980.36 decrease, and final payment in the amount of $2,407.28 to RPM General Contractors, Inc. for completion of the Water Treatment Plant Control Room Modifications Project. Funding is available from 442-5178-536-62.10 (Water/Sewer Renewal & Replacement/Buildings). CHANGE ORDER NO. 1/FINAL PAYMENT/RANGER CONSTRUCTION - SOUTH: Approve Change Order No. 1 in the amount of $8,440.25 and final payment in the amount of $21,329.75 to Ranger Construction - South for completion of the 2003 Street Resurfacing Project. Funding is available from 334-3162-541-61.17 (Street Reconstruction). TRANSPORTATION ENHANCEMENT GRANT APPLICATION; Approve and authorize the Mayor to execute the 2004 Transportation Enhancement Grant Apphcation in the amount of $500,000.00 for the construction of bicycle lanes on Homewood Boulevard from Lowson Boulevard to Atlantic Avenue. 05-04-2004 RESOLUTION NO. 35-04: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of an Advanced Life Support Equipment Upgrade Package for an additional Engine Company at a cost of $25,649.81. PAYMENT TO AI.I.IED CHARTER TOURS. INC./DAVIS CUP: Approve payment in the amount of $16,957.50 to Allied Charter Tours, Inc. for shuffle bus service for employees and fans for the Davis Cup Event. Funding is available from 001-4210-575-55.44 (Tennis Stadium/Davis Cup). SITE EVALUATION CONTRACT/~EED & SEED: Approve a contract between the City and Treasure Coast Health Council (TCHC) in the amount of $16,000.00 to conduct a Weed & Seed site evaluation as required by the Executive Office of Weed & Seed (EOWS)/Depamnent of Justice. Funding is available from 115-2125-521-31.90 (Special Projects Funds/Other Professional Services). CONTRACT/WEED & SEED: Approve an agreement between the City, Weed & Seed Initiative, and New Innovations in the amount of $16,000.00 to fund educational enrichment services provided by New Innovations to the Parks and Recreation Department's Out-of-School Program. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). CONTRACT/WEED & SEED: Approve an agreement between Weed & Seed Initiative and the Parks & Recreation Department in the amount up to $47,600.00 for funding the s~l~ry cost of personnel to provide computer training in the SEED TECH computer lab. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). PURCHASE AWARD/CENTRAL FLORIDA YAMAHA: Approve a purchase award to Central Florida Yamaha, Inc. in the amount of $15,950.00 for the purchase of a Carolina Skiff Rescue Boat/Dive Platform for the Fire Depaxtment. This is a replacement for a boat that was handed down from Ocean Rescue. Funding is available from 115-0000-248-64.00 (Paramedic Fund). DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subi~dy for one (1) eligible applicant/family in the amount of $22,500.00 for new construction on N.W. 8~ Avenue. This brings the number to 159 homeowners assisted under the Renaissance Program. Funding is awil~ble from 118-1924-554-49.20 (Home Owner Subsidy). SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for June 24, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Aflantic Avenue from Sxffmton to N.E. 7th Avenue, the south side of Aflantic Avenue (one lane) from N.E. 7~' Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street (street closure v(tll be from 3:00 p.m. to approximately midnight), and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up assistance. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 19, 2004 through April 30, 2004. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Jones Company of South Florida in the amount of $274,237.87 for retention ponds at N.W. 18~' Avenue, N.W. 15e~ Avenue, and S.W. 7~ Avenue. Funding is available from 448-5470-538-65.44 (Storm Water Utility Funds/N.E./N.W. Area/Lake Ida to Adanfic) and 448-5470-538-65.58 (Storm Water Utility Funds/Other Improvements/S.W. Area Improvements). 2. Purchase award to Dural Ford in the amount of $28,000.00 via the Florida Sheriffs' Association Contract for the purchase of one (1) Police pursuit vehicle to replace one which was involved in an ac(~dent~ Funding is available from 501-3312-591-64.20 (Vehicle Replacement). REGULAR AGENDA: POSTPONEMENT OF THE APPEAL OF THE HISTORIC PRESERVATION BOARD'S ACTION ASSOCIATED WITH ASCOT OFFICE: Consider a request to postpone the appeal of the Historic Preservation Board's action associated with a Class V site plan for Ascot Office, located at the southwest comer of N.E. 1 ~ Avenue and N.E. 2~a Street. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING, INC.: Consider a request from Community Neighborhood Helping, Inc. for financial support in the amount of $4,000.00 for their Glory Awards Event to be held on June 4, 2004. CONDITIONAL USE REOUEST/APACHE OFFSHORE POWERBOATS: Consider a request for conditional use approval to allow the establishment of a boat manufacturing facility for Apache Offshore Powerboats, located on the south side of Southridge Road, approximately 210 feet west of south Swinton Avenue. Judicial Heating) 05-04-2004 REOUEST FOR IN-LIEU PARKING SPACES/PARADISE SALON STUDIOS: Consider a request by Paradise Salon Studios for the purchase of six (6) in- lieu parking spaces in the mount of $36,000.00. Paradise Salon Studios is located on the west side of Pineapple Grove Way, south of N.E. 2nd Street. (QuaM-Judicial INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/EXPANSION OF OLD SCHOOL SOUARE: Consider approval of an interlocal agreement between the City and the Community Redevelopment Agency (C1LA) for the expansion of Old School Square to include land acquisition, parking garage, and the downtown park. THIRD AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of the Third Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C. to provide for a one (1) year extension of the closing of the contract. BRIDGE OPENINGS: Consider approval of a proposed bridge opening schedule based on an impeding rule from the Coast Guard. RESOLUTION NO. 30-04 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2004. REFERENDUM/REMOVING DEED RESTRICTION/CURRENT LIBRARY SITE: Provide direction regarding when to place the question on the ballot to remove the deed restriction on Lot 15, located behind the current library site. REVISED STANDARD FORM CONSTRUCTION CONTRACT; Consider approval of the revised Standard Form Construction Contract. REOUEST TO RELEASE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider approval to release various nuisance abatement liens on two parcels of property adjacent to each other, located along the east side of S.W. 5t~ Avenue just north of S.W. 2"d Street. The Community Redevelopment Agency (CRA) obtained title to the parcels which will be utilized for affordable housing. AGREEMENT/ZOI.I. MEDICAL CORPORATION; Consider approval of an agreement between the City and Zoll Medical Corporation to provide the Fire Department with educational grant incentives in the amount of $2,000.00 in exchange for the City's participation in a study regarding AED defibrillators. 05-04-2004 10. 11. PUBLIC HEARINGS: ORDINANCE NO. 21-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3(G), "Architectural Elevations"; Subsection 4.3.3(0), "Townhouses and Townhouse Type of Development"; Subsection 4.3.40)(4), "Increases to Height Regulations"; and (K), "Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and (G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations"; Subsection 4.4.13(A), "Purpose and Intent"; and ([~, "Development Standards"; and (G), "Supplemental District Regulations"; and (1), "Performance Standards"; Subsection 4.4.24(A), "Purpose and Intent"; and (F), "Dcvclopment Standards"; Subsection 4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning Adiacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown DeIray Beach Master Plan. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS): Consider re-adoption of Resolution No. 17-04 authorizing the Community Redevelopment Agency of the City of De[ray Beach to issue Redevelopment Revenue Bonds not to exceed $12,000,000. ORDINANCE NO. 27-04: An ordinance mending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Phns", of the City Code of Ordinances, Section 35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms of benefit. ORDINANCE NO. 243-04: An ordinance mending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances, amending Subsection 53.130(F), "Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the City's sewerage system. TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Consider approval of transferring a two (2) foot strip of property adjacent to Atlantic Avenue (new library site) to the Florida Department of Transportation which is requiring this road for right-of-way. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 05-04-2004 12. 13. FIRST READINGS: ORDINANCE NO. 24-04: An ordinance amending the Land Devdopment Regulations Section 4.6.15(G) regarding swimming pool setback requirements. If passed, a public hearing will be scheduled for May 18, 2004. ORDINANCE NO. 25-04; An ordinance amending the Land Development Regulations Sections 2.2.303) and 2.2.6(13) regarding the composition and special qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board. If passed, a public hearing will be scheduled for May 18, 2004. ORDINANCE NO. 28-04; An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", by amending Section 35.105(A)(1), to provide for the naming of the position of Finance Director as a member of the board. If passed, a public hearing will be scheduled for May 18, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: APRIL 30, 2004 05-04-2004 APRIL 13, 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 13, 2004. 1. Roll call showed: Present - Commissioner Patficia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attomey Chevelle D. Nubin, Deputy City Clerk 2. The opening prayer was delivered by Reverend Nancy McCarthy with St. Paul's Episcopal Church. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mayor Perlman requested that Item 8.G., Interlocal Agreement/Community Redevelopment Agency, and Item 8.P., Interlocal Agreement/Community Redevelopment Agency of the Consent Agenda be moved to the Regular Agenda as Item 9.L. and Item 9.M. In addition, Mayor Perlman requested the addition of Item 7.D., Presentation by Sandy Simon. Mrs. Archer moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of March I 1, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. -1- 04/13/04 Mr. Costin moved to approve the Minutes of the Regular Meeting of March 16, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Organizational Meeting of March 25, 2004, seconded Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Special Meeting of March 25, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor P~rlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Special Meeting of April 5, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oA, Bob Chapin - Old School Square Mayor Perlman read and presented a proclamation hereby commending and honoring ROBERT D. CHAPIN in recognition of his many accomplishments and years of dedicated service to his community through Old School Square. Bob Chapin came forward to accept the proclamation. Joe Gillie, Executive Director of Old School Square, stated Mr. Chapin has set the pace for the future with regard to the Master Plan and thanked the Commission for its support of Old School Square. Robert D. Chapin, stated the partnership between Old School Square, the City of Delray Beach, the County, and the private sector is wonderful. Mr. Chapin stated part of the strategic plan is the parking garage and thanked the Old School Square Board of Directors. Mr. Chapin stated Old School Square hopes to build Florida's museum in Delray Beach which will showcase Florida artists and various types of artistic expression from Tallahassee to the Keys and from Jacksonville to Sanibel. 6°a, Fair Housing Month - April 2004 Mayor Perlman read a proclamation hereby proclaiming April 2004 as Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. -2- 04/13/04 6.C. Communi,ty Development Week - April 12-18~ 2004 and the 3--'~--Anniversary of the Community Development Block Grant Program Mayor Perlman read and presented a proclamation hereby proclaiming the week of April 12, 2004 through April 18, 2004 as Community Development Week in Delray Beach, Florida. Lula Butler, Director o£Community Development, came forward to accept the proclamation. 6.D. Recognizing and Designating April 2004 as "Read Together Palm Beach County Month" Mayor Perlman read and presented a proclamation hereby proclaiming April 2004 as Read Together Palm Beach County Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6oEo Month of the Young Child - April 2004 Mayor Perlman read a proclamation hereby proclaiming the month of April 2004 as The Month of the Young Child in Delray Beach and encouraged ail citizens to recognize and support the needs of young children in our community. Mayor Perlman noted that this proclamation will be mailed. 6oFo Civility Month - May 2004 Mayor Perlman read and presented a proclamation hereby proclaiming May 2004 as Civility Month in Delray Beach and urged all citizens to exemise civility toward each other. Susan Ruby, City Attorney, came forward to accept the proclamation. 6oGo National Public Works Week - May 16-22~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the week of May 16, 2004 through May 22, 2004 as National Public Works Week in Delray Beach, Florida. Dennis Kelly, Interim Director of Public Works, came forward to accept the proclamation. 6oH. Days of Remembrance - Holocaust Mayor Perlman read a proclamation hereby proclaiming the week of Sunday, April 18 through Sunday, April 25, 2004 as Days of Remembrance. Mayor Perlman noted that this proclamation will be mailed. -3- 04/13/04 7. PRESENTATIONS: 7.A. Recognition and Presentation to Gordon Stanley for representing the City during President Bush's visit Mr. Levinson presented Gordon Stanley with framed articles regarding his representation of the City during President Bush's visit. Gordon Stanley with the Volunteer Homefront Security Program came forward to accept his plaque and thanked the Commission, Chief Schroeder, Captain Phillips, Officer Skip Brown, and his wife for making it possible to meet the President. 7.Bo Scene" Delray Camera Club Awards - "Delray Beach - The Changing Mayor Perlman presented each of the following winners from the Delray Camera Club with a Certificate of Achievement: FIRS T PLA CE INTRACOSTAL AT NIGHT - Ted Reich SECOND PLACE ROSE COTTAGE WINDOWS - Ruth Razzetti THIRD PLA CE AFFECTIONATE PARROT- Marion Kofman HONORABLE MENTION BEACH SCENE WITH GULLS - Doris Friedman NANNY'S ATTIC - Sally Gottlieb CASON COTTAGE - Ruth Razzetti SKATEBOARDER - Bob Lindemuth BUSCH'S AT NIGHT - Ted Reich A representative from the Delray Camera Club expressed sincere appreciation and thanks for the cooperation and support they have received from the City and Nancy King, Staff Assistant/Publication Editor. 7oC. Six Month Review of Business Recruitment Efforts - Randy Welker Bill Wood, President of the Chamber of Commerce, stated on behalf of the Chamber, he is pleased to be in partnership with the City and the Community Redevelopment Agency (CRA) as they put a professional foot forward in their efforts to attract business and do economic development in the City of Delray Beach. Randy Welker, Business Recruitment Director, gave a brief presentation of the target areas important for the City to concentrate on. Mr. Welker stated the City of Delray Beach is being contacted by developers looking for office locations and opportunities. He stated he is focusing on office and retail. In addition, Mr. Welker expressed concern over the shopping centers throughout town. -4- 04/13/04 Mr. Levinson commented about the "big box" retailers (i.e. Costco) which moved and the City had no influence in what was brought in. He suggested that when the "big box" retailers relocate that the City work with the real estate community as like with the Office Depot site. Mayor Perlman expressed concern over Scripps and whether the City should be doing something to position ourselves with Scripps. Mr. Welker stated there has been discussion about contacting the pharmaceutical companies who are going to be the ones that create the products that Scripps develops. He stated we need to start identifying those companies so that they will look to this particular area. Mr. Welker stated if the City can get a regional headquarters from one pharmaceutical company, then the City will be extremely successful. Mayor Perlman stated the Delray Affair marked the end of the season and asked if we are now more of a year-round economy rather than a seasonal economy. Mr. Welker stated the townhomes are changing the market from a seasonal economy to a year-round economy and this consists of a lot of relationship building. Mr. Costin asked if the City has the potential labor pool to support the growth the City is hoping for. Mr. Welker stated Scripps changes the notion that Florida does not have the labor pool. In addition, Mr. Welker stated the Business Journal recently talked about the City of West Palm Beach having the third highest job growth rate in the country. Mrs. Archer asked what Mr. Welker's opinion is with attracting additional "big box" retailers. Mr. Welker stated there is no land available for the "big box" retailers unless a shopping center is torn down. Brief discussion continued between the Commission and Mr. Welker. Mayor Perlman stated he attends the Development Co-op meetings when his schedule allows; however, the rest of the Commission does not have the opportunity to attend. Therefore, Mayor Perlman suggested that this item be placed on a Workshop agenda every six months so that the entire Commission can be involved in the discussion of Mr. Welker's efforts. 7.9. Sandy Simon - Book entitled "A Stroke of Genius" Sandy Simon asked the Commission to consider passing a resolution supporting House Bill 889 and Senate Bill 1590 for the "Florida Stroke Act" which will allow eligible hospitals to become certified stroke treatment centers. In addition, Mr. Simon presented his award winning book "A Stroke of Genius" to the Commission. CONSENT AGENDA: City Manager Recommends Approval. -5- 0~13m4 8.A. RESOLUTION NO. 29-04/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a portion of a twelve (12) foot utility easement lying within Lot 6, Valencia Court Subdivision. The caption of Resolution No. 29-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 12' WIDE UTILITY EASEMENT LOCATED WITHIN LOT 6, VALENCIA COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 29-04 is on file in the City Clerk's office.) 8oao ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/JOHN HOCK ENTERPRISES: Approve and accept a right-of-way dedication associated with John Hock Offices located on the west side of N.E. 1st Avenue between N.E. 3rd Street and Lake Ida Road (N.E. 4th Street). 8.C. RESOLUTION NO. 33-04: Approve Resolution No. 33-04 and the Joim Participation Agreement between the City and the State of Florida Department of Transportation for the signalization of the imersection of U.S. 1 and Tropic Boulevard. The caption of Resolution No. 33-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF US-1 AND TROPIC BOULEVARD AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. office.) ll.D. (The official copy of Resolution No. 33-04 is on file in the City Clerk's INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2004- 02: Formally initiate Comprehensive Plan Amendment 2004-02 pursuant to Section 9.2.1 of the Land Development Regulations. 8.E. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $16,367.40 to Henry L. Haywood (343 N.W. 4th Avenue). Funding is available fi.om 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). -6- 04/13/04 8.F. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of thc City's second mortgage in the amount of $18,585.00 to allow the applicant to secure new financing. 8,Go THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.L. 8.H. RESOLUTION NO. 31-04 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting the Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to thc State Housing Initiatives partnership (SHIP) Program. The caption of Resolution No. 31-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. (The official copy of Resolution No. 31-04 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 28-04: Approve Resolution No. 28-04 supporting the "Florida Stroke Act" which will allow eligible hospitals to become certified stroke treatment centers. The caption of Resolution No. 28-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE "FLORIDA STROKE ACT", SPECIFICALLY HB 889 AND SB 1590 IN THE CURRENT LEGISLATIVE SESSION. -7- 04/13/04 office.) $oJ~ (The official copy of Resolution No. 28-04 is on file in the City Clerk's SERVICE AUTHORIZATION NO. ll.3/ROBERT G. CURRIE PARTNERSHIP~ INC.: Approve Service Authorization No. 11.3 to Robert G. Curfie Partnership, Inc. in the amount of $14,950.00 for additional design services required in the development of the site plan for the Intracoastal Park. Funding is available from 334- 4174-572-63.90 (General Construction Fund/Intracoastal Park). ADDENDUM NO. 1/ENGINEERING CONSULTING AGREEMENTS: Approve Addendum No. 1 to the Engineering Consulting Agreements to clarify Section III, "Duties of Consultant", of the Service Authorization, itemizing and describing their duties in detail. 8.L. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for May 13, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up assistance. 8.M. SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E. and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on A1A; and to allow all beach parking lots to remain open until midnight, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. 8.N. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND RACE: Approve a special event request for the Hot Air Balloon Glow to be held on May 14, 2004 and the Hot Air Balloon Race to be held on May 15-16, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on May 14, 2004 from A1A to Venetian between 3:00 p.m. and 11:00 p.m., and to allow beach parking lots to stay open until 11:00 p.m. on May 14th, use of the City parking lot at the Marriott for balloonists, and staff support for security and traffic control, barricading, and signage preparation/set up, large stage set up/take down at Lake Ida for the race, and trash removal for this event. 8.0. SPECIAL EVENT/5th ANNUAL HAITIAN FLAG DAY CELEBRATION: Approve a special event request for the 5th Annual Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 23, 2004 from 2:00 p.m. until 8:30 p.m., including temporary - 8 - 04/13/04 use permit per LDR Section 2.4.6(H) for the use of Merritt Park, set up/removal of large City stage, staff support for security, trash removal and clean up. 8oPo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.M. 8.Q. FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT GRANT: Approve the application for a matching grant for the Firefighter Investment & Response Enhancement (FIRE) Act Grant for assistance with the cost of overtime coverage to allow sixty (60) Hazardous Materials Technicians to attend several training courses. City's required 30% matching portion is $86,184.00, with funding from 001-2315-526-14.10 (Fire Operation/Overtime). 8oRo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 15, 2004 through April 9, 2004. 8,8o AWARD OF BIDS AND CONTRACTS: Bid award to Rust Off, Inc. in the mount of $25,600.00 for anti- rust chemicals for the city irrigation system. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). Bid award to Custom Property Services, Inc. at an estimated annual cost of $17,063.00 for the landscape maintenance of South Federal Highway and Congress Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). Bid award to multiple vendors at an estimated annual cost of $50,325.64 via the City of West Palm Beach Co-op Bid #02/03-20 for the purchase of liquid chlorine and calcium hypochlorite. Funding is available from 441-5122-536-52.21 and 441-5144-536- 52.21. (Water/Sewer Fund/Chemicals). Contract award to Ferguson Enterprises, Inc. in the amount of $65,342.37 for pipe material purchase for water main improvements on N.W. 11th Avenue and Lake Eden. Funding is available from 442-5178-536-65.74 (Water and S ewer/Renewal/Replacement/N.W. 10th Avenue/N.W. 11th Avenue). Purchase award to Kuhn Carpet and Tile in the amount of $18,692.37 via the Florida State Contract #360-240-001 for replacement flooring (porcelain tile) for the Police Department. Funding is available fi'om 334-6112-519-46.10 (General Construction Fund/Building Maintenance). -9- 04/13/04 Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 23-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances, amending Subsection 53.130(F), "Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the City's sewerage system. If passed, a public hearing will be scheduled for May 4, 2004. The caption of Ordinance No. 23-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53.130(F), "WHOLESALE SEWER RATES", TO PROVIDE FOR RATES AND CHARGES FOR WHOLESALE USERS OF THE CITY'S SEWERAGE SYSTEM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-04 is on file in the City Clerk's office.) Mr. Costin moved to approve Ordinance No. 23-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. Cit~ Manager's response to prior public comments and inquiries. With regard to a prior comment expressed by Mr. Smith about the sidewalk on the south side of the Atlantic Avenue bridge at the west end where the sidewalk meets the steps because of the difference in elevation of the sidewalk and the -10- 04/13/04 businesses, the City Manager stated staff will ask Florida Department of Transportation (FDOT) to look into this since it is their issue. With regard to comments expressed by Mayor Perlman regarding the OSSHAD District, the City Manager stated the Planning and Zoning Department is working with the CRA to investigate potential revisions to OSSHAD to protect the district from overdevelopment. With regard to comments expressed by Mrs. Archer regarding the length of time for reconstructing the seawalls at the ends ofN.E. 4th Street and S.E. 3~d Street, the City Manager stated the original contract time for the project which includes reconstruction of seawalls and provision of passive parks began on January 12, 2004 with substantial completion on April 10, 2004. Both sites encountered unforeseen conditions which required design changes to the project plans. At the N.E. 4th Street site, subsurface rock was encountered that was not shown on pre-designed boring logs. At the S.E. 3rd Street site, drainage design modifications were needed to provide a cost efficient resolution to problems with elevations of discharge piping to the Intracoastal Waterway. This resulted in delays of the construction project and is the reason residents may have noticed a lack of activity for a period of time. The City Manager stated the current revised project schedule shows seawall construction (piling and panel installation) to be completed by April 16, 2004. Drainage revisions will then be constructed with the project completion scheduled for April 30th. With regard to a concem expressed by Mr. Costin about the traffic congestion on Congress Avenue and Linton Boulevard, the City Manager stated at that particular time he believes this was largely due to the double tracking construction and the work they were doing on the signals. The situation is improving as construction progresses, and the City is trying to keep an officer there more frequently until the entire process is completed. ll.B. From the Public. ll.B.1. Jay Slavin~ 2601 N.W. l0th Streeh Delra¥ Beach 01ainberrv Ba¥)~ commended the Commission and everyone involved who organized the Davis Cup. She stated this was a spectacular event and the entire weekend was glorious for Delray Beach. ll.B.2. Charlie Bonfield~ 220 MacFarlane Drive~ Delra¥ Beach~ suggested that the City address the issue of motorized scooters, golf carts, and valets who are skateboarding back and forth to valet park cars. Mr. Bonfield stated since more and more young people are moving here there will be a need for more sidewalks and bike paths. He urged the Commission to review the Pedestrian/Bicycle Task Force recommendations and include this in the overall plan for the city. Mr. Bonfield stated he lives in the same condominium development as Sandy Simon and they have offered a program and taught 76 people how to use the Automatic External Defibrillator (AED). Mr. Bonfield stated the next step is to look at -11- 04/13/04 stroke and see how to teach people to recognize if someone is having a stroke. He commended the EMT's for the great job training they provided with regard to the AED's and CPR. Mr. Bonfield stated he spent thirty years developing pharmaceuticals. He concurred with comments expressed by Mr. Welker about pharmaceutical companies to relocate their offices here and house their executives here because he feels this would be great for Delray Beach. 11.B.3. Luis Martinez, 506 Southridge Road~ Delra.y Beach~ speaking on behalf of the President of the Southridge Homeowners' Association, he expressed concern over the vacant areas in the front and back of the homes in his neighborhood that are not being cut or maintained. He stated these areas need to be cleaned so that they can be free from insects and animals. Secondly Mr. Martinez expressed concern over the speeding in the area and suggested that speed humps be installed in his neighborhood. ll.B.4. Jim Smith~ 1225 S. Ocean Blvd.~ Delra¥ Beach~ stated everyone wants Delray Beach to be a safe place for pedestrians and bicyclists. He stated the bicycle and pedestrian crash report for last year is now available and reveals that Delray Beach has had more bicycle crashes then any of the thirty plus communities in Palm Beach County and ranks second in pedestrian crashes. Mr. Smith expressed concern over the unsafe conditions for pedestrians walking west on the south side of Atlantic Avenue after they cross the bridge and the sidewalk stops. Mr. Smith expressed concern over an unsafe condition for bicyclists where a fatality occurred at Congress Avenue and S.W. l0th Street. Mr. Smith urged the Commission to ask the County to put in bike lanes on a known street that has many bicycle commuters who ride their bicycles to work. Mr. Smith urged the Commission to file the application for State funding for a Pedestrian/Bicycle Coordinator and set up a Volunteer Citizen's Board. 11.B.5. Alice Finsh 707 Place Tavant~ Delrav Beach, representing Progressive Residents of Delra¥ (PROD)~ stated with regard to the request for Media Entertainment Productions (USA), Inc. to donate land and cash in-lieu of parking fields, PROD feels the City should reconsider the location of this land for this project and suggested the land be used at other locations or left vacant. Mrs. Finst thanked Randy Welker, Business Recruitment Director, for the business recruitment efforts that he presented this evening. She stated that the land owned by the CRA is available and suggested other property further west on Atlantic Avenue could accommodate the fifty (50) spaces needed for the proposed parking for this land marked building. Mrs. Finst stated PROD feels Atlantic Avenue (west) is a much better location than where it is currently proposed. At this point, the time being 7:14 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. -12- 04/13/04 10~ PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.3(I), "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment facilities. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 15-04 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, CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 15-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on February 3, 2004, the City Commission adopted an ordinance amending the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities to conform to the State's requirements under Chapter 397, Florida Statutes. In making these changes, a reference to alcohol and substance abuse treatment facilities in LDR Section 4.3.3(I) was overlooked. The proposed amendment is to remedy the remaining inconsistency in order to avoid confusion. Staff recommends approval of the ordinance amending Land Development Regulations Section 4.3.3(1) "Community Residential Home and Group Homes", based upon positive findings with LDR Section 2.4.5(M). At its meeting of February 23, 2004, the Planning and Zoning Board held a public heating regarding this item. After discussing the amendment, the Board voted 4- 0 (Borchardt & Pike absent) to recommend approval of the proposed amendment. -13- 04/13/04 Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 15-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 15-04 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions", providing a mechanism for the rollover of 457 and 401 funds where applicable. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 22-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO THE FUND FOR THE PURCHASE OF AN ENHANCED MULTIPLIER; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 22-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 22-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -14- 04/13/04 Agenda. 9.A. At this point, the Commission moved to Item 9.A. of the Regular REGULAR AGENDA: APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA DEL MAR: Consider an appeal of an administrative interpretation relating to the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he received two different copies of similar letters from Mr. Fran Marincola. Ms. McCarthy stated she has an email from Fran Marincola however; she has not had the opportunity to open it. Mayor Perlman stated he received emails from Fran Marincola and his manager. In addition, Mayor Peffman stated he was in a meeting a few weeks ago with the City Attorney and the City Manager with Mr. Siemon, Mr. Capano, and other attorneys. Mr. Costin stated he received correspondence from Fran Marincola and had a discussion with the City Attorney. Mrs. Archer stated she received email from Fran Marincola. The City Attorney stated there was an inquiry about who the applicant is. For the current time and for clarification, the City Attorney stated the applicant is described as the owner of property. Furthermore, the City Attorney stated the applicant typically goes first after staff makes a presentation; the applicant is the owner represented by Mr. Siemon and the appellant will follow. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2001-008 and #2004-091 into the record. Paul Doffing, Director of Planning and Zoning, stated this item is an appeal of an administrative interpretation by the Director of Planning and Zoning. The Director's interpretation was appealed on February 11, 2004, by Harvey F. Oyer of Gunster, Yoakley & Stewart. The Site Plan Review and Appearance Board (SPRAB) considered the site plan modification on February 11, 2004, and tabled action on the modification primarily relating to concerns with traffic circulation. The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. -15- 04/13/04 A Class II site plan modification was processed based on the assumption that the City had lost the lawsuit associated with this development proposal and there was an approved site plan of record. In reviewing the Court Order, it appears that the assumption was not accurate. The Court Order directed the City Commission to make findings of fact to support its rejection of the original site plan. Given this, it would appear that a site plan modification (Class II) of a non approved site plan is not appropriate. Therefore, the proposed administrative interpretation should not be upheld and the appeal should be granted. Mr. Dorling stated he disagrees with the assertion of the appellant that if there were an approved site plan the proposed modifications are not of a Class II nature. The proposed changes do not change the intensity of the proposal (same number of rooms) and are primarily modifications to the elevations, configuration of the access points and the layout of the underground and ground level parking garage under the building. Mr. Dorling stated he believes this is a Class II site plan; however, since there is not an approved site plan according to the Court Order he recommends that the Commission uphold the appellant's request for an appeal. Charles Siemon, Siemon & Larsen, P.A., 433 Plaza Real, Ste. #339, Boca, Raton, FL 33432, representing Vista Del Mar, (the applicant) for the Class II Site Plan Modification approval, stated as a matter of law the prior site plan approval is final and effective. He believes the City's code makes this clear in particular because of the Court Order. For the record, Mr. Siemon stated he would like the record to reflect that he has written two letters to the City Attorney and that those are incorporated into the record outlining their position. Mr. Siemon stated this is an application for site plan approval that was presented to the City over 3 ½ years ago and has gone through two staff reviews and has been recommended for approval each time. Mr. Siemon stated this is in complete compliance with the City's code and urged the Commission to rule that the site plan became final under the City's code and that it should be unnecessary to hand this matter off to the Circuit Courts of this County. Mr. Siemon read into the record Section 2.4.7(E)(3) (Procedure) of the City of Delray Beach Land Development Regulations "The following procedures shall be adhered to in the processing of any appeal" and Section 2.4.7(E)(3)(b) "Consideration of the appeal at the next regular meeting of the body who is to act upon it provided that the appeal has been received in time for proper placement on that agenda." Mr. Siemon stated in discharging its responsibilities, the only fair and equitable outcome is to allow SPRAB to make its final decision no~t to grant this appeal. Therefore, Mr. Siemon encouraged the Commission to deny the appeal and he believes under the City's rules that this appeal is not properly before the Commission. Mr. Siemon stated an appeal under the City's code may be brought by an aggrieved party. Harvey E. Oyer, III, Attomey with Gunster, Yoakley & Stewart, P.A., 777 South Flagler Drive, Suite #500 East, West Palm Beach, FL 33401-6194, representing -16- 04/13/04 Don Robinson (the appellant), reiterated that this is an appeal of an administrative decision by the Planning and Zoning Director. Mr. Oyer stated a site plan was brought before SPRAB approximately 2 V2 years ago and it was denied by SPRAB because it was too large and out of scale with the surrounding neighborhood and then it was tabled three times. Mr. Oyer stated the applicant came back with a revised plan each time attempting to address the concerns of the surrounding neighbors and SPRAB, and eventually the site plan was approved by SPRAB. One of the neighbors (Boston's) appealed the approval by SPRAB to the City Commission. Mr. Oyer stated City Commission overturned SPRAB's decision with a 4 to 1 vote. It was then brought back to the Commission and was ratified again with a 3 to 2 vote. Mr. Oyer stated his client is the owner of three properties on Salina Avenue including the one directly behind the proposed hotel. In January 2004, his client received notice as part of the City's notice procedures to adjacent property owners that this item was now back for a SPRAB heating of a modification. Mr. Oyer stated the applicant has gone back to their original plan which was rejected by SPRAB and the City Commission. Mr. Oyer stated after the Court Order the applicant did not come back to the Commission and have findings of the facts. Mr. Oyer recommends that the City Commission follow the recommendation of the City Attorney to grant the appeal overturning the administrative decision and let the applicant come back to the Commission for findings of fact as the Cimuit Court ordered or start over with a new site plan that would receive Class V scrutiny. Dennis P. Koehler, 1280 North Congress Ave., Suite #104, West Palm Beach, FL 33409 (Attorney), representing the Salina Beach Home, L.L.C. and Mr. Gerald Windell (Manager of the L.L.C.), stated his client owns a single-family residential property located at 85 Salina Street. He urged the Commission to follow the recommendation of the Planning Director and the City Attorney to grant the appeal. Mayor Perlman stated if anyone fi.om the public would like to speak in favor or in opposition of this item, to come forward at this time. There being no one from the public who wished to address the Commission, the public heating was closed. Mr. Levinson stated he has read the court decision and agrees with the City Attorney's recommendation that the Court's decision did not automatically grant any particular benefit of site plan approval nor did it automatically revert to an approved site plan subsequent to its remanding to the Commission. Therefore, Mr. Levinson stated he does not agree with the property owner's assertion that they have an approved site plan. Mr. Levinson stated at this point there is no approved site plan and it has to be re- heard by the Commission and findings of fact need to be made. Therefore, Mr. Levinson stated he supports granting the appeal. Mr. Costin concurred with comments expressed by Mr. Levinson and he too supports granting the appeal. Mr. Costin moved to approve the appeal of an administrative interpretation relating to the Hotel Vista Del Mar project and requiring either the prior Class V site plan to be considered by City Conunission as directed by the Court or -17- 04/13/04 processing of the proposed modifications as a new Class V site plan; or, withdraw any current site plan they may have and start over again with a new site plan, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size and lot depth for an existing non-conforming lot, located on thc east side of Strickland Road, approximately 110 feet south ofS.W. 11th Street. (Quasi-JudicialHearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-182 into the record. Mr. Dorling stated the subject property was platted in October of 1951 as Lot 3, Block 1 of the Plat of Strickland Subdivision. The original platted lot measured 100' wide and averaged 75.37' in depth. Sometime in the early 1950's, the southern 15' of Lot 3 was sold off to the lot immediately to the north (Lot 2) to accommodate a building encroachment onto the subject property. As a result, the subject property currently measures 76.1 feet wide by 75.37 feet deep (on average) and is vacant. As per LDR Section 2.4.7(B)( 1 )(b), the City Commission has the authority to grant relief of (1) a reduction of required lot size from 7,500 square feet to 5,735 square feet; and, (2) a reduction of required lot depth from 100 ft. to 76.1 ft. Mr. Dorling stated the depth of the property has remained constant at 76 feet and the width has been reduced to accommodate adjustments to adjacent lots; however, the width still exceeds the minimum of 60 feet. The required findings are made with respect to Section 2.4.7(B)(5) and 4.3.1(D) and staff recommends that the Commission approve these waivers. Jos6 Ramirez, 1114 S.W. 8th Avenue, Delray Beach, (the applicant) urged the Commission to approve the waivers. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. There being no one from the public who wished to address the Commission, the public heating was closed. Mrs. Archer stated if portions of this piece of land were sold off in the early 1950's and another portion to the north in the 1990's, is the remaining piece of land on the northern section conforming? In response, Mr. Dorling explained that the width of -18- 04/13/04 the lot is conforming and noted that the width actually exceeds the minimum 60 feet requirement and the depth deficiency was created when the lot was originally platted. Ms. McCarthy moved to approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot size and to reduce the lot depth for an existing non-conforming lot within Strickland Subdivision to the dimension as noted in the table in the Planning and Zoning Staff Report, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.Co CONDITIONAL USE MODIFICATION REQUEST/COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider a conditional use modification request associated with the expansion of the Community Primitive Baptist Church, located th between N.W. l0th Avenue and N.W. 11 Avenue, approximately 250 feet north of West Atlantic Avenue (33 N.W. 11 th Avenue). (Quasi-Judicial Hearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mrs. Archer had no ex parte communications to disclose. Mr. Levinson stated he had a conversation with Jimmy Weatherspoon this afternoon. Mr. Costin stated he too had a conversation with Jimmy Weatherspoon this afternoon. Mayor Perlman had no ex parte communications to disclose. Ms. McCarthy stated she spoke to Jimmy Weatherspoon approximately two weeks ago. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-148 into the record. Mr. Dorling stated this is a conditional use request which involves the demolition of a storage shed on the east side of the existing church, construction of a 2,123 square foot addition to the church, reconfiguration of the existing parking area on the south side of the church to accommodate six (6) parallel parking spaces; and the construction of a new 28-space parking lot on the east side of the site. Mr. Dorling stated this conditional use was before the Commission and approved on January 2, 2001 and there was an extension on May 21, 2002. Mr. Dorling stated then the conditional use and site plan lapsed on November 21, 2002. The applicant is now coming back with the identical application to resurrect an approval and build it very quickly. At its meeting of March 15, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request and after discussing the proposal, the Board voted 5-0 (Borchardt and Woehlkens absent) to recommend approval of the Conditional Use Modification request for Community Primitive Baptist Church, based -19- 04/13/04 upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development regulations and the policies of the Comprehensive Plan, subject to the following conditions: (1) that the Class IV site plan modification is submitted and approved in general conformance with the sketch plan submitted with the conditional use request, and (2) that the maximum seating capacity for the sanctuary is 100 people. Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, stated the conditional use expired in November 2002 and he received no notification that the conditional use was about to lapse. Mr. Weatherspoon stated he was informed that he would need to re-submit and go through the conditional use approval process again including all costs involved. Mr. Weatherspoon urged the Commission to grant waiving the fees or a portion of the fees. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use modification request, to come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated when someone receives a conditional use approval they receive an approval letter which states how long an applicant has until the approval runs out. Mr. Dorling stated the Planning and Zoning Department handles approximately 300- 400 petitions per year and are not in a position to monitor every petition to see if its approval process is running out. Mr. Dorling stated he feels there is some obligation on the applicant to take the letter and monitor his own project. With respect to re-filing, Mr. Dorling stated there is significant costs for advertising for conditional uses for waivers and explained that if the application fee was limited to what the community has to pay for advertising it is going to be just about what the application fee is. There is a review cost and advertising cost that have to be incurred by the City when a project is re-filed. Mr. Weatherspoon stated with the way technology is today, he would hope that the City would have the capabilities of viewing what applications have expired with sending notice via email to whomever or with the touch of a button. Ms. McCarthy asked if someone re-submits the same plan does the City have the ability to waive any of the costs. In response, Mr. Dorling stated the LDR's state waiving certain fees if an organization is non-profit. The City Attorney stated there is a general waiver provision in the Code of Ordinances that is an advertised waiver of whatever the Commission wishes to waive unless it concerns land use. The City Attorney stated if the Commission gives staff direction that they would like to hear this, it would be brought back to the Commission at a later date to see whether or not this would have to be advertised for a complete waiver. - 20 - 04/13/04 Mrs. Archer suggested that the Commission vote on what is being presented this evening and direct staff to review to see if there is any relief for the fees; and bring back to the Commission with a recommendation. The City Manager stated waivers allowed for a 501(C)(3) are only for certain fees and are partial waivers not total waivers. Mayor Perlman inquired whether or not the church is non-profit. Mr. Weatherspoon stated the church is not a 501(C)(3). Ms. McCarthy asked if the sanctuary limit of 100 people is based on the square footage. Mr. Dorling stated it is based on the parking and the pew space that is being proposed. Mr. Weatherspoon suggested that there be a mechanism or process in place so that an applicant does not have to re-submit their application if already approved and the City would not have to re-advertise and absorb those costs, etc. The City Manager stated although it may not apply with this particular building, he explained that there are issues such as concurrency and commitment of traffic capacity. Ms. McCarthy stated the re-submittal process is not only to validate the fact that the site plan is identical, hut also that no rules and regulations have been changed that now impact the approval process. After brief discussion, it was the consensus of the Commission to direct staff to review costs for advertising, notices, mailings, staff time and bring back to the Commission with a recommendation. Mr. Costin moved to approve the Conditional Use Modification request for the Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings and conditions of approval of the Planning and Zoning Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING SPACESfltANDELSMAN YELLOW BUILDING: Consider a request from Handelsman Yellow Building f/kJa the Blank House for the purchase of six (6) in-lieu parking spaces in the mount of $72,000.00. The Blank House is located at 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. -21 - 04/13/04 Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson had no ex parte communications to disclose. Ms. McCarthy stated she spoke to the City Manager regarding this item. Mayor Peffman and Mr. Costin had no ex parte communications to disclose. Mrs. Archer stated she was a party to the original presentation to the Parking Management Advisory Board. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning Department project file #95-150 and #2004-176 into the record. Paul Dorling, Director of Planning and Zoning, stated the site currently contains a 2,137 square foot restaurant with storage on the upper floor, an office building and an apartment building. The site plan was approved in 1995 and included a nine (9) space pea rock parking lot. The applicant is currently seeking approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces at a cost of $12,000. Mr. Doffing stated the item was presented to the Parking Management Advisory Board (PMAB) at its January 20, 2004 meeting and after significant discussion staff recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to S.E. 6th Avenue (Northbound Federal Highway) to a tea garden. At its meeting of January 7, 2004, the Historic Preservation Board (HPB) tabled this request suggesting that the applicant demolish the existing office building at the northeast comer and provide the parking adjacent to the alley. At their meeting of February 4, 2004 the Historic Preservation Board (HPB) approved the applicant's request 4-2 vote (Miller and Sexton dissenting). At its meeting of March 23, 2004, the Parking Management Advisory Board recommended approval of the applicant's request with a 6 to 4 vote (Ramos, Poli, Sacharow and Lierle dissenting). Staff recommends denial of the applicant's request. Mayor Perlman stated if anyone would like to speak in favor or in opposition of this request, to come forward at this time. There being no one who wished to address the Commission regarding the in-lieu parking spaces, the public hearing was closed. The City Attorney suggested that the Commission look at staff's recommendation for denial and look at the listed conditions in the staff report and make a determination whether it is impossible or inappropriate to provide the parking on-site. Mrs. Archer stated she concurs with staff's recommendation to deny the applicant's request. -22- 04/13/04 Mr. Costin stated in his opinion residents competing for a parking space is very serious and he too supports staff's recommendation of denial. Mr. Levinson moved to deny the applicant's request based upon failure to meet the required findings pursuant to LDR Section 4.6.9(E) and adopt staff's findings, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion to DENY passed with a 5 to 0 vote. 9.E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping for financial support in the amount of $11,000, for their Glory Awards Event to be held on June 4, 2004 which will be reimbursed to the City through a Palm Beach County grant. Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund) The City Manager stated with regard to an inquiry about the history of the City's relationship with the Glory Awards, last year they requested $2,500 from the City; however, the request was not received until May. The request was denied and they were asked to present the request for the 2003/2004 budget, but there was no request submitted. In May 2002, the City Manager stated the City provided up-front funding of $10,000 and did not receive the money back from the County until September 2003. The City Manager stated the City had a difficult time obtaining the required financial records from the event and the County did not allocate dollars until their next fiscal year 2002/2003. Mrs. Archer inquired as to when the money was allocated. Ms. McCarthy stated there has been this type of situation before where the City has advanced fimds and County Commissioner Addie Greene has reimbursed the funds. She asked the City Manager to date has County Commissioner Addie Greene honored each commitment that the City has expended. The City Manager stated County Commissioner Addie Greene has honored each commitment that the City has expended. Mayor Perlman expressed concern as to when the City will receive monies from the County and stated Community Neighborhood Helping has very ambitious income projections for an event that is projecting a $5,000 loss. Mr. Levinson stated the purpose is to generate revenues for the organization for operating expenses and also to recognize "unsung heroes". Brief discussion continued between the Commissioners. Mr. Levinson moved to approve the $11,000.00 of financial support based on Commissioner Greene's offer of reimbursement for the Community Neighborhood Helping for the Glory Awards, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - -23 - 04/13/04 Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. SKATEBOARDS: Discuss proposed draft Ordinance No. 26-04 to provide certain areas in which skateboarding shall be prohibited. Mayor Perlman stated there have been some complaints about skateboarding on public properties particularly Old School Square and Veteran's Park despite the opening and the success of the Skate Park at the "505" Teen Center. The City Manager stated he placed this item on the Agenda for discussion is to see if there is anything the City can or should do with respect to private properties or whether this should be handled as a trespass problem. The City Manager stated if there is damage this could be referred to as "malicious mischief'. The City Manager stated with regard to adding the words "all parks" to the ordinance he feels this may be broader than what is necessary and he would like to discuss this with Joe Weldon, Director of Parks and Recreation. However, the City Manager stated we may need to add some additional parks beyond Veteran's and Old School Square. Mr. Levinson suggested including the words "all parks" because his concern is the City will be adding parks. Therefore, as the City adds a park the ordinance would potentially have to be changed every time to include new parks. In addition, Mr. Levinson stated there are other parks such as Worthing Park where some of the kids use the edge of the benches. Mayor Perlman stated Old School Square has informed him that the Police are called and when they arrive the kids are videotaping being chased offthe grounds. The City Manager stated it is his understanding that these are not local kids but are from out-of-town. Mr. Levinson commented the skateboarding is damaging many handrails on a lot of plaees where there are steps or parks, etc. Mayor Perlman asked what the legal liability is if someone were to get hurt at Veteran's Park? In response, the City Attorney stated if it is an unsafe condition of some sort (i.e. a trip hazard) then the City would be liable but if the property is in the shape it is supposed to be in, then there would not be any liability. Mrs. Archer stated if it is possible to have some parks where this kind of thing is allowed she would like to provide some opportunities and places for the kids to go. Ms. McCarthy inquired about whether or not there were other complaints from any major shopping centers or establishments within the City as well. She wants to ensure the ordinance is broad enough so that it does not have to be changed every time a new park is added and she does not want to see this limited to parks that have the type of - 24 - 0~13~4 pavement that would be conducive to kids or adults being able to skateboard or roller skate. The Commission gave direction to the City Manager to discuss this in further detail with Joe Weldon, Director of Parks and Recreation. 0,Go PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the mount of $4,500.00 in Emesto Figueroa v. City of Delray Beach. Staff recommendation is acceptance. Mr. Costin moved to approve a Proposal for Settlement in the mount of $4,500.00 in Emesto Figueroa v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.8. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $12,500.00 in Clara Outram v. City of Delray Beach. Staff recommendation is acceptance. Mrs. Archer moved to approve the Proposal for Settlement in the amount of $12,500.00 in Clara Outram v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD' Appoint one (1) alternate member for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Bernard Federgreen as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.J~ APPOINTMENT TO PUBLIC EMPLOYEES REI,ATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four year term ending March 13, 2008. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Philip Friedman as a regular member to the Public Employees Relation Commission (PERC) for a four year term ending March 13, 2008, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. - 25 - 04/13/04 Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2004. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Maura Dersh to the Historic Preservation Board for an unexpired term ending August 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.Lo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an Interlocal agreement between the City and the Community Redevelopment Agency (CRA) for shared administration of the West Settler's Facade Easement Grant Program. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and stepped down. Lula Butler, Director of Community Improvement, stated this agreement formalizes the partnership between the City and the Community Redevelopment Agency (CRA) as it relates to contributing buildings to the West Settler's District. Ms. Butler stated her staff will primarily be responsible for doing the work write-ups and the bidding of the renovations to these homes. Prior to the vote, Mr. Levinson stated he would like to ensure that it is very clearly communicated to the members of the West Settler's Historic Preservation Board that these monies are available to anyone who applies and that they use good judgment. Mrs. Archer moved to approve the Interlocal Agreement between the City and the Community Redevelopment Agency providing for shared administration of the West Settler's Fagade Easement Grant Program, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9omo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an Interlocal agreement in the amount of $18,000.00 between the City and the Community Redevelopment Agency (CRA) for payment to the City for contracted consulting services with JEG Associates, Inc. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and stepped down. -26- 04/13/04 Lula Butler, Director of Community Improvement, stated this agreement is between the City and the CRA with the CRA providing $18,000 to supplement the agreement that the City has with Joe Gray of JEG Associates, Inc. for services regarding implementation of the Southwest Neighborhood Plan. Prior to the vote, Mr. Costin asked how long the contract is for. In response, Ms. Butler stated the contract for services with Joe Gray of JEG Associates, Inc. is for one year (March 1, 2004-February 28, 2005). Mr. Levinson commented this has worked extremely well with using the Presidents of the Southwest and Northwest Associations. Mr. Costin moved to approve the lnterlocal Agreement between the City of Delray Beach and the CRA providing for an $18,000 contribution associated with the contract for services with JEG Associates, Inc., seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manaeer. The City Manager announced that the Gala for the Palm Beach County League of Cities was rescheduled to May 15, 2004. With regard to the Advisory Boundary Committee appointments, the City Manager stated Retha Lowe and Ben Saag were reappointed to represent the League. The City Manager stated when he had the joint meeting with the County Commission and the League of Cities Board, he noticed they have the best microphone system in the room where the meeting was held. The City Manager stated they will be glad to send their County technician down to look at our sound system and make some recommendations. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer stated at the last Metropolitan Planning Organizational (MPO) meeting, FDOT gave a presentation and one of the comments was that over 50% -27- 04/13/04 of all the pedestrian crashes occurring on State roadways involve alcohol and the usage on the part of the pedestrian. Secondly, Mrs. Archer stated Mr. Michael Lewis, Program Manager from the Planning office for the Orlando Turnpike Authority provided her a listing of all of the activities over a particular period of time for southbound and northbound entrance to the turnpike from each of the facilities. Mrs. Archer stated he indicated that there was a percentage of change between 1996 and 2003 in the number of movements in both southbound and northbound. From the Atlantic Avenue entrance onto the turnpike, there was a 253% increase in that six year period of time in the usage of the southbound traffic entrance. Mrs. Archer stated this is the largest increase in activity in any turnpike entrance in Palm Beach County. Mrs. Archer stated she was not in town on Friday for the Davis Cup and commented she was in a restaurant and on the television appeared the Mayor. She stated it was fantastic for everyone to have had the opportunity to get a wonderful view of Delray Beach and she is extremely impressed and very proud. In addition, she announced that she will not be at the May 18, 2004 City Commission meeting because she will be going out of town on May 13th and she will also miss the Palm Beach County League of Cities Gala. She announced that the Delray Sister Cities Safari Dinner is Friday, April 23, 2004 and she encouraged everyone to attend. 13.C.2. Commissioner Costin Mr. Costin expressed concern over the golf carts and suggested that the Commission ask Kathy Daley to approach the Senator and see if an amendment or part of the Bill could be instituted to require insurance coverage for the golf carts. He stated if this Bill passes, golf carts will be legal on County roads and municipal streets. Mr. Costin stated he feels a vehicle on a public street without insurance would be a financial disaster. It was the consensus of the Commission to ask Kathy Daley to look into this and directed the City Attorney to check the status of the Bill. Mr. Costin stated he attended the Residents Academy on April 1, 2004 and comm~nded Mayor Perlman for a great presentation. He commented about the Legislators meeting held in Lantana on April 5, 2004 and stated it was very informative and useful. He commented about the Green Market Event and the Easter Bonnet Dog Parade and noted both events were great. Mr. Costin stated there were a couple hundred people in attendance. -28- 04/13/04 Lastly, Mr. Costin commented about the Davis Cup and extended kudos to Mayor Perlman and staff for making everyone proud. Mr. Costin stated he met Mr. Schwartz and "Bumpy" Frazier, and the former Chairman of the Board for Proctor & Gamble who said how great Delray Beach is. Mr. Costin stated several merchants expressed their gratitude for all the business they received during the Davis Cup. In addition, Mr. Costin commended Bob Barcinski, Assistant City Manager, for his efforts with regard to the Davis Cup and asked the City Manager to extend a congratulations and thanks to Mr. Barcinski for a job well done. 13.C.3. Commissioner McCarthy Ms. McCarthy had no comments or inquires on non-agenda items. 13.C.4. Commissioner Levinson Mr. Levinson stated he received a request from the Delray Citizens for Delray Police 1st Annual Employee Awards Dinner and asked if the Commission would like to contribute approximately $20 for an advertisement. It was the consensus of the Commission to contribute the money towards an advertisement. Secondly, Mr. Levinson concurred with comments expressed by Mr. Costin and suggested that all the employees who worked on the Davis Cup be recognized (i.e. a letter from the Commission) for their efforts. Mr. Levinson stated many important people were in town all of which had rave reviews for Delray Beach and he commented that the commercial was great. Mr. Levinson stated the Spady Groundbreaking was great and commented this school has not had renovations since approximately 1952. Mr. Levinson commended the Fire-Rescue Department and the Police Department for raising $8,000 for the American Cancer Society. He commended staff and all those who participated for the great job on Paint Up Delray. Mr. Levinson suggested that staff plant trees on the south side of the street and find a way to irrigate the swales. Mr. Levinson stated the Atlantic High School Top-out Party was spectacular and commented that the school looks great. He stated the school is anticipated to be completed around Christmas or soon after. Mr. Levinson stated the Easter Bonnet Dog Parade was spectacular and the Police Volunteer Lunch was terrific. Post. He commented about a quote by Carolyn Zimmerman in the Palm Beach -29- 04/13/04 Mr. Levinson commented about the Urban Land Institute (ULI) and stated the case study for the ULI is Delray Beach and the panel in the afternoon includes Tim Hemandez, Chris Brown, and Cary Glickstein. He stated Delray Beach is being well represented. Mr. Levinson expressed concern over what the outcome will be of the program the Village Foundation provides at the Village Academy. Mr. Levinson stated as everyone knows the Children Services Council (CSC) has decided to withdraw its support from the Village Foundation and feels it is crucial to the community that the City assists the CSC and the United Way in making sure that someone is able to provide the necessary services. Mr. Levinson commented about an article in the newspaper regarding the nepotism issues and he feels we need to get past this and focus on the children because the program does work. Mayor Perlman concurred with comments expressed by Mr. Levinson. Mayor Perlman stated he received a telephone call from Tana Ebbole, Executive Director of the Children's Services Council, who expressed concern over the nepotism issue. Mayor Perlman stated she reassured him that the CSC believes in the program and they are looking for another provider. She has asked Mayor Perlman to recommend people from the community who may want to serve on a selection committee for the new provider. The City Manager stated Lula Butler, Director of Community Improvement, is monitoring this very closely. Mr. Levinson stated he will be present at the Delray Beach Sister Cities Safari Dinner. However, he will not be at the Florida League of Cities Convention Banquet. Lastly, Mr. Levinson stated there were zero incidences during the entire weekend of the Davis Cup and traffic control went well. 13.C.5. Mayor Perlman 17th. Mayor Perlman acknowledged Chevelle Nubin's birthday which is April Secondly, Mayor Perlman stated Jimmy Story, owner of Jimmy's Stone Crabs and Grille, read the column "From the Mayor Perlman's Desk" that Mayor Perlman attended the Youth Enrichment Vocational Center. Mr. Story invited one of his friends to the Vocational Center who is a well known magician and he also bought several tickets for the Davis Cup and was able to take approximately twelve kids to the tennis matches over the weekend who otherwise would not have been able to attend. Mayor Perlman commented about the article in the Air Currents Magazine and stated the Editor presented him with the magazine. He stated the Editor informed -30- 04/13/04 him that she lives in Nassau, Bahamas and they are studying Delray's redevelopment as they work on their redevelopment. Mayor Perlman inquired about the MPO meeting on April 15, 2004, at 9:00 a.m. and asked when the MPO will make a recommendation. Mrs. Amher stated she will contact the MPO to find out exactly what the timetable is and will inform Mayor Perlman as soon as she knows. He stated he had the opportunity to speak at the Boy Scouts Eagle Scouts Dinner which was great. Mayor Perlman stated scouts from Delray Beach and some Alumni Scouts were there including Shelly Weil, Herb Levine, and Vince Canning. In addition, Mayor Perlman stated Leon Weekes was honored and commented that the City Manager and Police Chief were both Eagle Scouts as well. Mayor Perlman commented about the petition from the residents regarding N.E. 14th Street and suggested that Randal Krejcarek, City Engineer, get with the residents to clarify what is going in and what is not going in. Mayor Perlman stated he is receiving some emails and telephone calls about a new inlet by the George Bush Boulevard Bridge. The City Manager stated there is nothing in place for this that he is aware of. Mayor Perlman announced that Lyle Sumek is coming to town and encouraged the Commission to present their lists to Delores Rangel, Administrative Assistant, for the Leadership Summit. Mayor Perlman announced on Thursday, April 15, 2004, Dave Henniger from the Community Child Care Center has requested the Commission attend the Chamber Breakfast in support of the Community Child Care Center and noted Palm Beach County Commissioner Mary McCarty is the keynote speaker. Mayor Perlman announced that the award-winning Florida Memorial Steel Band is performing at Old School Square on Saturday, April 17, 2004. Mayor Perlman stated on Sunday after the Davis Cup he called Bob Barcinski, Assistant City Manager, at home to thank him personally for everything he did throughout the entire weekend. Mayor Perlman stated Mr. Barcinski did provide him with a list of staff members who helped with the event. In addition, Mayor Perlman personally thanked Tim Simmons, Parks Superintendent, for the incredible amount of work he did. The City Manager stated as the Commission comes in contact with County Commissioners, he suggested that they thank them for letting the City use the garage and also the library allowing the City to use thc surface lot. -31- 0~13~4 Mayor Perlman stated Swedish Captain Mats Wilander who was the number one player in the late 80's was here and loved Delray. Mayor Perlman stated the Swedish Delegation was very impressed with the City of Delray Beach and he received numerous compliments about how friendly, charming, and accommodating the town was in addition to the City receiving an enormous amount of international media as a result of the Davis Cup. Mayor Perlman stated Bob Bryan who is one of the Davis Cup twins that won the critical doubles match indicated this was one of the best atmospheres he has ever been in. Mayor Perlman stated the USTA presented the City of Delray Beach with a signed framed poster (currently in the Mayor's office) and a plaque to affix to the stadium. Mr. Levinson stated world record speed on serve of 152 per hour was set in the last serve of the entire match by Andy Roddick. Mr. Costin stated he was impressed by how the young people played with such intensity. Mayor Perlman stated this was a team effort and this showed the viability of a downtown tennis stadium. Mrs. Archer stated the timing of everything was perfect and it was a perfect opportunity for the City of Delray Beach to host the Davis Cup at this time. The City Manager stated this was a good opportunity for the City to leam how the parking works and commented the parking worked out well. Them being no further business, Mayor Perlman declared the meeting adjourned at 9:30 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 April 13, 2004, which Minutes were formally approved and adopted by the City Commission on City Clerk - 32 - 04/13/04 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. -33- 04/13/04 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-~ClRST NAME~IDDLE NAME Perlman, Jeffrey Z. M~LING Al}DRESS 971Delray Lakes Drive O'~elray Beach, Florida 3344~°°~"w Palm Beach OATE ON WHICH VOTE OCCURRI=D 4/13/04 NAMEOFBOARD, COUNCIL, COMMISSION, AUTHO~TY, ORCOMMITTEE Delray Beach City Commission THE BO~D, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UN{T OF: NAME Of= POLITICAL SUBDIVISION: City of Delray Beach MY POSITION IS: WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A pomon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inctuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one*vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughtar, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-taw. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a parlner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the COrporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these mattem. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must COmplete and file this form (before making any attempt to influence the decision) with the person responsible for recording the · minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orslly the nature of your conflic~ in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incoqx)rate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perlman , hereby disclose that on (a) A measure came or will come before my agency which (check one) __ inured to my special private gain or loss; inured to the special gain or loss of my business associate,. X Inured to the special gain or loss of my relative, Diane Colonna __ inured to the special gain or loss of. whom I am retained; or __ inured fo the special gain or loss of is the parent organizauon or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: April 13, ,2004 : Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA) I have a conflict voting on items that directly affect the Community Redevelopment Agency. , which 4/~3/o4 Date Filed I' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {}112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlman~ Jeffry Z. 971Delray Lakes Drive Delray Beach, Florida 33444 Palm Beach 4/13/04 Delrav Beach City Commission NAME OF POLITICAL SUBDIVISION: MY POSITION IS: I[~ ELECTIVE City of Delray Beach WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict ol~ interest will vary greatly depending on whether you hold an elective or appointive position. For Ihis reason, please pay close attention to the instructions on this form bel~ore completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax distdcts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-lew. A 'business associate" means any person or entity engaged in or carrying on a business enteAorise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporstion are not listed on any natiooal or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from vofing; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to infiuense the decision, whether orally or in writing and whether made by you or at your direc~on. IF YOU INTEND TO MAKE ANY ATI-EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to intluence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 ~\~ ' - ~'~ -~"~ PAGE 1 APPOINTED OFFICERS (continued) * A copy of lhe form must be provided immediately to the other membem of the agency* · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before pa~cipating. · You must complete the form and file it within 15 days alter the VOte occum with the parson responsible for recording the minutes of the meeting, who must incoqx>rate the form in the minutes. A copy of the form must be provided immediately to the other membem of lhe agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perlman · hereby disclose that on Ap ril 13, ,20 04 : (a) A measure came or will come before my agency which (check One) __ inured to my special private gain or loss; inured to the spacial gain or loss of my business assoclata~ X inured to the special gain or less of my relative, Diane Co lonna inured to the special gain or loss of , by whom I am retained; or inured to the spaclal gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as folloWs: Diane COl0nna, my wife, is DirectOr of the Community Redevelopment Agency (CRA). I have a conflict voting on items 'that directly affect the Community Redevelopment AgencY. Date Filed v NOTICE: UNDER PROVISIONs OF ~LoRiDA STATUTEs §t12.317, A FAILURE TO MAKE ANy. REQUiREb DiSCLos~RE CONSTITUTES GROUNDS FOR AND MAy BE pUNIsHED BY ONE OR MORE OF THE FOLLOWING: iMPEACHMENT, OR SUSPENS,O. F.OM OFF,CE OR EMP.OYMENT. ,. PENAL~ NOT TO EXCEED $10,~0. CE FORM 8B - EFF. ~1/2000 PAGE 2 APRIL 20~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 20, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Deputy City Clerk The opening prayer was delivered by Vice Mayor McCarthy. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mayor Perlman noted additional information for Item 8.J., Amendment/Ticketmaster L.L.C. Agreement/Davis Cup. Mayor Pedman noted the addition of Item 9.G. Delray Beach Housing Authori .ty/Carver Estates, to the Regular Agenda by addendum. Mayor Perlman noted the addition of Item 7.D, Presentation by Vice Mayor McCarthy recognizing C. Ron Allen. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: None. -1- 04/20/04 6_. PROCLAMATIONS: 6oAo Municipal Clerk's Week - May 2-8~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming May 2, 2004 through May 8, 2004 as Municipal Clerks Week. Barbara Garito, City Clerk, came forward to accept the proclamation. 6oao Delray Beach Church of God - 75th Anniversary, Mayor Perlman read and presented a proclamation hereby recognizing the Delray Beach Church of God now known as Resurrection Life Fellowship Church of God. Mary Alford came forward to accept the proclamation. PRESENTATIONS: 7.A. "Spotlight on Education" - S.D. Spady Elementary School Modernization~ Jose Murguido~ A1A Zyscovich Architects Jean Mills, Senior Planner for the Palm Beach County School District, stated she is pleased to present a group of the representatives who have been working with the community and staff in order to facilitate a new school, S.D. Spady Elementary School. Ms. Mills introduced Martha O'Hare, Principal, Bradley Henry, Assistant Principal, Rudy Hemandez, Project Architect with A1A Zyscovich Architects, and Jos6 Murguido with A1A Zyscovich Architects. Jos6 Murguido, Architect, gave a brief presentation on the modernization of S.D. Spady Elementary School and noted that they will be maintaining the operation of the existing school while the new construction takes place. Mayor Perlman stated he is anxious to see the completion and asked if the capacity of the school is changing in terms of student stations. Mr. Jose Murguido stated there are 620 student stations currently there now and there will be 640 student stations. Mayor Perlman asked when the facility is expected to open. Mr. Murguido stated the facility is scheduled to open in August 2005. 7.B. CiW of Delray Beach Residents' Academy Certificates - Janet Meeks Lula Butler, Director of Community Improvement, thanked Mayor Perlman and the City Commission for their support of the Residents' Academy and publicly thanked the Department Head peers. Janet Meeks, Education Coordinator, stated this group was very consistent with its attendance. Mayor Perlman and Janet Meeks presented certificates to the following participants from the Residents' Academy program: - 2 - 04/20/04 * Elizabeth Butler · Robert Jolly · Cory Cassidy · Susan Maloney · Richard Donahue · Celeste McDonough · Fred Fetzer · David Pluemer · Patricia Flowers · Linda Prior · Philip Friedman · Lillie Roberts · Judy Griffith · Linda Schneider · Ernestine Holliday · Christel Silver · Jan Kucera · Maureen Turner · Carolanne Kucmerowski · Paula Welker · Susan Litchfield · Patricia Westall · Alexander Jenkins · Robert Victorin 7oCo Preliminar~ Site Plan for Catherine Strong Center - Joe Weldon Joe Weldon, Director of Parks and Recreation, stated the groundbreaking for the Catherine Strong Center is going to take place on May 6, 2004, and it will be a 2,100 square foot building and will contain a gymnasium, computer lab, learning center, arts & crafts rooms, junior and senior game rooms, dance studio, and office space. Mr. Weldon stated in addition to the children's programs that are being offered, Mary O'Connor, Executive Director of the Boys & Girls Club, indicated she would be willing to work with the Parks and Recreation Department to make senior programs available to seniors in the area. Mr. Weldon stated with regard to the site plan, the City received input from Joe Gray from the Village Foundation, Mary O'Connor with the Boys & Girls Club, and the SW Presidents' Association. Digby Bridges, Architect with Digby Bridges & Associates, reviewed the design features of the site plan for the Catherine Strong Center and distributed handouts detailing the cost of the project. Mr. Bridges stated the approximate cost for the park including equipment is estimated at $1.9 million. Mr. Costin stated with regard to the athletic fields, he wants to ensure that the passive playfield and the walking paths are included. Mr. Bridges stated this is all inclusive under landscaping/greenery and is not broken out separately. Brief discussion followed between the Commission and Mr. Bridges. Mayor Perlman stated these are the first real amenities for the Southwest area and he feels this is very exciting. The City Manager stated he is hopeful that the City will have a construction contract awarded in September or October 2004 for this project. -3- 04/20/04 7.D. Vice Mayor McCarthy - Recognizing Journalist C. Ron Allen with the Sun-Sentinel News Vice Mayor McCarthy recognized and commended C. Ron Allen for his reporting through facts. Mr. Allen came forward to accept his recognition and stated he considers it is an honor to be recognized by his peers and the public especially the people he does business with everyday. At this point, Mr. Levinson announced Mrs. Wesley was awarded a Sun- Sentinel Community Service Award and the Commission is very pleased because she has done so much for Delray. On behalf of the Commission, Mr. Levinson thanked Mrs. Wesley for her efforts. CONSENT AGENDA: City Manager Recommends Approval. 8.A. GRANTING OF REVISED UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a revised utility easement granting to Florida Power and Light the means to install/maintain an underground power line on City owned property as a result of the construction of the parking garage and library. 8.B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement between the City and Kurt Peterson for the installation of a fence within a public right-of-way. 8.C. BEACH PERFORMANCE MONITORING STUDY: Approve a contract between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an amount not to exceed $33,404.00 for the 24-month Post-Construction Beach and Offshore Performance Monitoring Study. Funding is available from 332-0000-33%31.00 (Intergovernmental Revenue/Beach Renourishment Grant Fund). 8.D. AMENDMENT NO. 1/SURVEYING SERVICES AGREEMENT/AVIROM & ASSOCIATES~ INC.: Approve Amendment No. 1 to the surveying services agreement between the City of Delray Beach and Avirom & Associates, Inc. providing for a five (5) percent increase of their hourly rates. 8.E. SPECIAL EVENT REOUEST/AVDA 5K WALK: Approve a special event request to allow the 6th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run to be held on Saturday, October 2, 2004 fi'om 7:30 a.m. until approximately noon, including temporary use permit per LDR Section 2.3.6(H) for thc use of Anchor Park and City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, waiver of parking meter fees, and staff support for traffic control, barricading, signagc, trash pick up/removal, and set up/usc of thc small stage; contingent on thc sponsor providing liability insurance and a hold harmless agreement. 8.F. SPECIAL EVENT REQUEST/7TM ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request for the 7th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May -4- 04/20/04 29 and May 30, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on Pineapple Grove Way from the north side ofN.E. 1st Street to the south side of N.E. 4th Street; and to authorize staff support for security/traffic control, waiver to allow event signage to be installed one week prior to event with event sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8oGo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 12, 2004 through April 16, 2004. AWARD OF BIDS AND CONTRACTS: Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02145A at an estimated annual cost of $546,513.70. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Oil Other), 446-4714-572- 52.11 (Lakeview Fuel/Oil Other), and 501-3311-591-52.51 (Central Garage Inventory/Fuel) ( 2004-2005 Budget). Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an estimated annual cost of $55,380.00. Funding is available from various departments' operating expense budget. 8.I. PALM BEACH COUNTY AGREEMENT/DAVIS CUP: Approve an agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount up to $40,000.00 for expenses incurred by the City for the Davis Cup. AMENDMENT/TICKETMASTER L.L.C. AGREEMENT/DAVIS CUP: Approve an amendment to the Ticketmaster Agreement between the City and Ticketmaster L.L.C. to provide that all proceeds received from the Davis Cup ticket sales shall be paid directly to the United States Tennis Association (USTA) Davis Cup box office. Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities. -5- 04/20/04 Mr. Levinson suggested that the City have a Request for Proposal (RFP) for this contract upon expiration and stated he would like to see last year's marketing plan. Prior to the vote, Mrs. Archer stated she does not feel this is fair to the employees. Mayor Perlman asked what the impact would be if this motion passes. The City Manager stated this would delay the performance measures for the year and could eventually mean a zero bonus. Mr. Costin concurred with comments expressed by Mr. Levinson and stated a marketing plan helps to see what the ultimate potential may be with the facilities. Mr. Levinson stated the risk is the City's and he wants to be reassured that the risk is being managed. Mrs. Archer stated she concurs with Mr. Levinson's point about the risk. Mayor Perlman stated he is very pleased with the golf operations of what he sees. However, he stated he is distressed over the Delray Swim and Tennis Club. Mayor Perlman stated there is a lot of potential that has not yet been explored. As a matter of public policy, he stated it makes sense that whether the Commission is ecstatic or unhappy, to have competitive bids at the end of anything. Mr. Levinson moved to table this issue and advise Dubin and Associates, Inc. to provide a marketing plan as called for in the contract, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oao CONTRACT AWARDS/PROFESSIONAL CONSULTING SERVICES: Consider approval of contract awards for professional consulting services to Kimley-Hom, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert G. Currie Partnership for design of parks improvement projects funded by the Parks & Recreation Bond Program. Richard Hasko, Director of Environmental Services, presented this item and explained fourteen (14) responses were received and reviewed by an eight member Request for Qualifications (RFQ) Review Committee. The Committee met in a public forum on March 17, 2004 for review of the process and criteria used for rating as it relates to specific projects. Staff recommends approval of contract awards for professional consulting services to Kimley-Hom, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert G. Currie Partnership. Mr. Cosfin asked if an alternate firm is necessary. Mr. Hasko stated he -6- 04/20/04 does not foresee a problem because the reason staff is recommending the top five (5) consulting firms is to match the consultants with the amount of work as well as the different disciplines involved in the work. Mr. Hasko stated these are large consulting firms with many resources and therefore he does not have concems regarding the workload performance. Brief discussion continued between Mr. Hasko and the Commission. Mr. Levinson moved to approve the top five (5) contract awards for professional consulting services to Kimley-Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc. and Robert G. Cun'ie Partnership for design of parks improvement projects, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 21-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3(G), "Architectural Elevations"; Subsection 4.3.3(0), "Townhouses and Townhouse Type of Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (K), "Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and (G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations"; Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and (G), "Supplemental District Regulations"; and (I), "Performance Standards"; Subsection 4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection 4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray Beach Master Plan. If passed, a second public hearing will be scheduled for May 4, 2004. Prior to consideration of passage of this Ordinance No. 21-04 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 21-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS; SUBSECTION 2.4.3(G), "ARCHITECTURAL ELEVATIONS"; SUBSECTION 4.3.3(O), -7- 04/20/04 "TOWNHOUSES AND TOWNHOUSE TYPE OF DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS"; SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS"; SUB-SUBSECTION 4.4.9(G)(1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.13(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SUBSECTION 4.4.13(I), "PERFORMANCE STANDARDS"; SUBSECTION 4.4.24(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING"; SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS AND AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER PLAN; TO MITIGATE MASS/SCALE AND UNIFORM MONOLITHIC APPEARANCE OF LARGE BUILDINGS; AND TO PROVIDE THAT THE ARCHITECTURAL COMPOSITION OF NEW DEVELOPMENTS INCORPORATE ARCHITECTURAL FEATURES THAT PROVIDE VISUAL INTEREST, WHILE ALLOWING DESIGN FLEXIBILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. Bob Currie, Architect, stated this is a good ordinance and he urged the Commission to support it. -8- 04/20/04 There being no one else who wished to address the Commission regarding Ordinance No. 21-04, the public hearing was closed. Mrs. Archer stated this has been a long time coming and stated the CRA and the consultant has done an excellent job. Mr. Costin stated this is the vision for the future and he is particularly pleased with the work of the CRA and everyone who worked with the CRA. He stated Thuy Shut has been the lead person from the CRA and the Commission appreciates her hard work and efforts. Thuy Shutt, representing the CRA, thanked the public, City staff, and Jaime Correa (consultant). Mr. Levinson commented about placing the LDR's on the City's website so that people could have access via the City's website particularly because of this change. Paul Dorling, Director of Planning and Zoning, stated he will be submitting a cost estimate in this year's budget for approval. Mayor Perlman stated when staff endeavored to do the Downtown Master Plan they envisioned a plan that would ensure to keep the scale, charm, quaintness, and uniqueness. He feels this was an extremely important task and thanked everyone involved. Mrs. Archer moved to adopt Ordinance No. 21-04 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquires. ll.B. From the Public. ll.B.1. Maureen Turner~ 1012 Del Harbour Driver Delra¥ Beach~ expressed concern over the Linton Bridge noise and stated the decibel levels are extremely larger than allowed by law. She stated the residents in her neighborhood want to be able to sleep and enjoy their homes on the Intracoastal. She urged the Commission to assist the residents with this noise and in her opinion feels Linton Boulevard is the major access point into the City for people who wish to drive directly to the beach. Mayor Perlman explained to Mrs. Tumer that the solution will have to come from the County but he feels the Commission could advocate on behalf of the -9- 04/20/04 residents and perhaps find an alternative to the multi-million dollar repairs that the County has estimated on this. Mayor Perlman suggested that the Engineering staff provide some information (i.e. alternative buffer) to the Commission, and then he can take that information and present it to the County Commission. Mrs. Archer suggested following Boca Raton's lead (i.e. a problem with the Spanish River Bridge) in making changes and improvements to the bridge. She also suggested that the City make a request to the Metropolitan Planning Organization (MPO) to share some of the expenses and look into what can be worked out and see if this issue can be placed on the County's agenda. Mrs. Archer stated she will obtain some information for the Mayor. ll.B.2. Terrence Rothman~ (homeless)~ read into the record a statement regarding thc separation of Church and State and stated in thc past the Delray Beach Police Department has in his opinion unlawfully and unconstitutionally overstepped its jurisdiction by entering local Church property to prohibit ethical moral decision finding. Agenda. At this point, the Commission moved to Item 9.C. of the Regular 9.C. PARKS BOND PROJECTS STATUS REPORT: Review status of Parks and Recreation Bond Issue projects. The City Manager briefly reviewed the status report of the Parks and Recreation Bond Issue Project prepared by staff. The City Manager stated Mayor Perlman had expressed some concern about making sure staff addresses the needs of seniors and explained there will be three different groups: (1) a Senior Focus Group, (2) staff from the Mae Volen Center, and (3) the Homeowners' Association Presidents west of 1-95 including many retirement communities. Therefore, these three groups will all have input with regard to the program design of the western community center. With regard to the Old School Square improvements, the City Manager added the point that the Commission adopted a resolution on March 16, 2004, authorizing eminent domain if necessary to acquire these properties. The City Manager stated he had a conference call this afternoon with Lisa King trying to figure out how to structure this agreement so that the City can get the maximum potential from the Florida Communities Trust grant. The City Manager stated there may need to be some changes made to this and therefore suggested to table this agreement to the City Commission meeting of May 4, 2004. Mr. Levinson stated the Soccer League would very much like to be involved in the programming at the park. He stated with regard to what is being done with the senior groups in the western communities that the City also do the same for the Soccer League. In addition, Mr. Levinson stated at the same time the City is doing something at the school and the soccer field, the County is potentially discussing enhancing the Aqua Quest Pool. -10- O4/20/O4 Mayor Perlman stated there is a similar project in Riviera Beach in Commissioner Greene's District and commented it is incredible. Ms. McCarthy stated with regard to the Senior Focus Group, she would like to ensure that this group will be City-wide and not just oriented west of 1-95. On the west side of 1-95, Ms. McCarthy stated there are several complexes that were built with government money for age 55 and older so the amenities are in place for the senior citizens to gracefully move into. Ms. McCarthy stated many senior citizens will sell their home that they raised their family in and are now looking for an easier lifestyle and often they take those dollars and reinvest in a condominium. Ms. McCarthy stated she would like to be reassured that the senior citizens from those areas who are doing that type of transition have some input as well. The City Manager stated he anticipates this will be a City-wide group because seniors are living throughout the City and he would like to be sure everyone in the community is included. Joe Weldon, Director of Parks and Recreation, stated he will make sure this is done. Secondly, Ms. McCarthy commented about the usage of the Skate Park at the 505 Teen Center and asked if anyone has inquired about the need of another Skate Park. The City Manager suggested that we see how the current Skate Park works long- term and possibly in a year from now see if another Skate Park would be a necessity. Mayor Perlman stated there is a lot of excitement as a result of the Bond passing. However, he feels everyone needs to be cognizant of the progress that the City is making. Mayor Perlman suggested that staff provide an updated list on the City's website or provide hand-out materials throughout the parks in the City because he feels this would be very helpful. In addition, Mayor Perlman suggested that as the City begins to construct and purchase things, that staff designs a sign which reads "Your Bond Issue at Work" so that people can see that their money is at work and know they were part of the planning of it through the Parks Master Plan. Mr. Levinson suggested that a page in the Parks and Recreation brochure be dedicated with some of the highlights for projects over the next six months. Mrs. Archer concurred with comments expressed by Mr. Levinson and suggested that the proposed completion dates also be printed in the brochure. 9oD. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/EXPANSION OF OLD SCHOOL SQUARE: Consider approval of an interlocal agreement between the City and the Community Redevelopment Agency (CRA) for the expansion of Old School Square to include land acquisition, parking garage, and the downtown park. Mr. Levinson moved to table the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the expansion of Old School Square to the May 4, 2004 City Commission meeting, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -11- 04/20/04 9.E. CONSULTING AGREEMENT/TETRA TECH WHS: Consider approval of a consulting agreement between the City and Tetra Tech WHS in an amount of $16,600.00 for a needs and priorities assessment for the Western Community Center and Pompey Park expansion projects funded by the Parks & Recreation Bond Program. Funding is available from 380-4150-572-62.58 (2004 Parks and Recreation Bond Construction Fund). Richard Hasko, Director of Environmental Services, stated this agreement with Tetra Tech WHS is in the amount of $16,600 and the scope of services is essentially to perform a needs assessment for the proposed Western Community Center and the facility expansion at Pompey Park. Mr. Costin moved to approve the consulting agreement between the City and Tetra Tech WHS in an amount of $16,600 for a needs and priorities assessment for the Western Community Center and Pompey Park expansion components projects, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.F. AMENDMENT NO. 2 TO THE SOLID WASTE FRANCHISE AGREEMENT/SETTLEMENT OF LAWSUIT WITH SOUTHERN WASTE SYSTEMS: Consider approval of Amendment No. 2 to the Solid Waste Franchise Agreement with Waste Management, Inc. of Florida (WM) to provide that WM may subcontract a portion of the construction and demolition (C&D) roll off business to Southern Waste Systems (SWS); and provides that WM shall indemnify, defend, and hold harmless the City from any other claims challenging the City's rights to franchise C&D during the term of the agreement, and approve settlement of the lawsuit. The City Attorney stated this is an agreement and a settlement of a lawsuit. Brian Shutt, Assistant City Attorney, stated Amendment No. 2 allows Waste Management to subcontract out a portion of the construction and demolition debris roll off collection to Southern Waste Systems (SWS). In addition, Mr. Shutt stated it also provides that if the City is sued by another waste hauler Waste Management will defend and indemnify the City. Also, Mr. Shutt stated currently the City ordinance has a maximum dollar amount that may be charged for each "pull" of the roll off container. This maximum amount does not include the disposal charge. Waste Management has proposed that a majority of their customers as well as SWS customers prefer a set dollar amount for each "pull" that includes the disposal charge. This amendment provides that the City shall amend its ordinances to provide for a maximum charge to the customer inclusive of the disposal charge. Mr. Levinson asked if the fee is set in the ordinance will staff have to come back periodically and change the fee in the ordinance. The City Attorney stated the agreement states "if we concur" and explained the City is not mandated to do this unless - 12- 04/20/04 we also agree with them that it should be done. Brief discussion followed between the Commission and the City Attorney. With regard to the roll off containers, Mr. Costin asked if this would preclude anyone else from coming in the City and providing that service. Mr. Shutt stated no other roll-off containers for construction and demolition debris will be allowed in the City. Mr. Costin stated he would not want to see inflated rates to those users that need the service. Mr. Shutt stated the rate will be set by ordinance. Mr. Levinson moved to approve Amendment No. 2 to the Solid Waste Franchise Agreement with Waste Management, Inc. of Florida (WM) subject to the appropriate releases and execution of the agreement; and, approval of the settlement with Southern Waste Systems, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oG. DELRAY BEACH HOUSINIG AUTHORITY/CARVER ESTATES {ADDENDUM}: Consider approval of a letter, to be signed by Mayor Perlman, to the Delray Beach Housing authority supporting their efforts to obtain federal funds for dealing with the structural deficiencies at Carver Estates. The City Manager stated he had a meeting with Dorothy Ellington regarding the Delray Beach Housing Authority and the efforts they are making to secure funding to repair the problems with the existing buildings or replace the buildings. The Delray Beach Housing Authority has requested that the City send a letter in support of those efforts. The City Manager stated staff is planning to schedule a joint meeting between the Commission and the Delray Beach Housing Authority Board at the Workshop meeting on May 11, 2004. Mr. Levinson thanked and commended Dorothy Ellington for her efforts. Mayor Perlman stated this is a chance to be progressive on this issue and he is looking forward to getting this underway. Mr. Levinson moved to approve to authorize the Mayor to sign the letter to the Delray Beach Housing Authority supporting their efforts, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. After the vote, the City Manager stated the City will look at what can be done both coming to the site and on the site to correct the drainage problems. Mr. Levinson stated Joe Gray is working diligently on the SW Plan and suggested that the City include him in this effort to make sure that anything that can be -13- 04/20/04 done in relationship to the SW Plan is done at the same time. The City Manager stated the best solution would be to demolish the buildings and build a new development on the entire property. He stated this would be a mixed low and low/moderate income rather than being an enclave of very low income. In addition, the City would use Section 8 vouchers to help the current residents find suitable housing while this is taking place. FIRST READINGS: 12.A. ORDINANCE NO. 27-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms of benefit. If passed, a public hearing will be scheduled for May 4, 2004. The caption of Ordinance No. 27-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO REVISE THE OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 27-04 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Citv Manager -14- 04/20/04 The City Manager announced that he will be out of town on April 22-23, 2004 attending the International City Management Association (ICMA) Best Practices Conference in Indianapolis. Secondly, the City Manager reported that during the Delray Affair there were no criminal incidences the entire weekend. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer commented about an article in the Sun-Sentinel News regarding the third-graders' FCAT score results for the schools in Palm Beach County. Secondly, Mrs. Archer stated she had the opportunity to attend the Sister Cities Artist competition and commented there are some very talented people in Delray Beach. She announced that the Delray Beach Sister Cities Safari Dinner will be held April 23, 2004 and she looks forward to seeing everyone there. Lastly, Mrs. Archer stated on Friday at the Delray Affair she sold $650 worth of hot dogs in 2 hours and 15 minutes. 13.C.2. Commissioner Costin Mr. Costin stated the Delray Affair was great and commented that all the vendors were doing business. He feels evaluating the City's needs for the Delray Affair was a good move. Secondly, Mr. Costin stated he went to St. Paul's Episcopal Church regarding the NW/SW 5th Avenue Redevelopment Plan and commented that most of the residents accepted it wholeheartedly. He stated he had the opportunity to speak with a Post Office employee who indicated that the Post Office will not be there much longer and inquired how the citizens will be serviced with postal service. Mr. Costin stated he feels we need to be cognitive to the needs of the citizens. The City Manager stated there was a rumor approximately a month ago regarding this issue and the Post Office officials in Atlanta indicated this is not correct. -15- 04/20/04 Randy Welker, Economic Development Coordinator, stated the information that is coming from the Orlando office is that they are going month-to- month. Mr. Welker stated the Post Office is going to be moving the delivery service because of the parking issues. At this time, Mr. Welker stated there is no definitive answer he can provide to the Commission. 13.C.3. Commissioner McCarthy Ms. McCarthy stated Florida Memorial College Steel Band performed at Old School Square on Saturday, April 17, 2004. Secondly, Ms. McCarthy stated the attendance for the Delray Affair was wonderful. She commented that the workers who were removing the debris after the Delray Affair was over had very positive attitudes. Ms. McCarthy stated she noticed the workers take great pride in keeping the City clean and she would like everyone to be aware of this. In addition, Ms. McCarthy stated she had the opportunity to attend the Opening for the Delray Affair which was held at Crane's Beach House and she was chosen to unveil the original painting for the Delray Affair poster for 2004. 13.C.4. Commissioner Levinson With regard to the TED Center Board, Mr. Levinson asked for a list of names of companies that they have currently helped and helped in the past. Mr. Levinson stated the TED Center needs to get geared up to fill the businesses in the NW/SW 5th Avenue core area. Secondly, Mr. Levinson stated he read a great article in the Sun-Sentinel News entitled "Radio is Number One News Source among Haitians" and noted that Vice Mayor McCarthy has asked that we review the possibility of going back on Haitian radio. Mr. Levinson feels this is the best way to communicate with this segment of the City. He thanked the Code Enforcement staff for their work with regard to helping control the handbill violators. Mr. Levinson extended kudos to Leonard Mitchell, Chairman of the Village Foundation Board, for taking the courage to file a Police report against the $800 in spending that was allegedly pilfered fi'om the association. Mr. Levinson commented about the newspaper article in the Sun-Sentinel News and stated this brings credibility to the organization. He stated the Florida League of Cities currently has a new awards program whereas Delray Beach has three finalists: (1) Delray Beach for Florida City of Excellence (2) Jeff Perlman for Mayor of the Year, and (3) Lula Butler for Employee of the Year. -16- 04/20/04 13.C.5. Mayor Perlman Mayor Perlman thanked Lula Butler, Director of Community Improvement, for her assistance with the Mayor's meetings recently held around the community. He stated Ms. Butler does a good job of obtaining a good mix of residents and he truly appreciates her help. Secondly, Mayor Perlman stated the Delray Affair was extremely successful this year and commented that there are many changes occurring in the downtown with development and construction. He commented about the Atlantic Plaza allowing booths to be placed there during the Delray Affair. Mayor Perlman stated when speaking in terms of allowing the booths at the Atlantic Plaza it also affects Veteran's Park. Mayor Perlman stated this is a signature event for the City and therefore the City has a vested interest. Mayor Perlman suggested looking at some of the issues with the merchants and into the future of the Delray Affair. He stated Detective Michael Miller received an award and was selected as the 2004 Officer of the Year for Victim Services. In addition, he stated Detective Whatley and Officer Coleman were recognized by The Palm Beach Post as Distinguished Law Enforcement Officer's and suggested that these three individuals be formally recognized at a Commission meeting in the near future. With regard to the "Strong Mayor" issue with the Palm Beach County League of Cities, Mayor Perlman suggested that the City Commission entertain a position as a City Commission. He stated the League of Cities Board of Directors is opposing the "Strong Mayor" position. Mayor Perlman suggested that the Commission place this item on a future agenda or they may want to individually take a position. The City Manager stated at the next League general membership meeting they are going to have spokespersons there for both sides of the issue. It was the consensus of the Commission to place this item on the May 11, 2004 Workshop meeting. Lastly, Mayor Perlman announced that Lyle Sumek will be in town on May 3, 2004 and reminded the Commission to submit their lists to Delores Rangel, Administrative Assistant, for the Leadership Summit. There being no further business, Mayor Perlman declared the meeting adjourned at 8:25 p.m. City Clerk -17- 04/20/04 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 April 20, 2004, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions. -18- 04/20/04 WHEREAS, Carver High School chsses of 1939-1970 will be holding their fourth all- school reunion the week of July 7, 2004 through July 11, 2004; and WHEREAS, in 1894 Blacks petitioned Dade County, for a school in Delray. In 1895 School No. 4 Dekay Colored opened and was named Palm Beach County Dekay; and WHEREAS~ the Class of 194l wanted a name that reflected the student's pride. The name of George Washington Carver was chosen because the school principal, S.D. Spady, told interesting stories about Carver, his classmate at the Hampton Institute in Virginia. The students decided that George Washington Carver would be a suitable name for their school; and WHEREAS, Mrs. Frances J. Bright was one of the first teachers and the class of 1939 was the first graduating class; and WHEREAS, Carver High School is the Home of the Eagles; its motto is "To Educate the Head, the Heart, and the Hand; and the school colors are royal blue and white; and WHEREAS, some of the distinguished teachers at Carver High School who were role models and taught their students to "be the best that you can be and reach for the stars" were Mr. Anthony Holliday, Dr. Clayton Coleman, Mr. C. Spencer Pompey, M_rs. Hattie Ruth Pompey, Mrs. Lucille Youngblood, Nits. Maxine Bright-Davies, Ms. Hazel Dobard, Mrs. Lois Dolphus Martin, Ms. Julie McQueen, Mrs. Addle Hudson Cooper, Mrs. Mamie Powell, Ms. Grace Lycurgus, Mr. Isaiah Rolle, Mrs. Althea Sowell, Mrs. Cherty Hall, Mrs. Amy Holliday, Dr. Vemise Buffer, Mr. Frank Hearst, Mrs. Anne Groover Williams, and numerous others; and WHEREAS, Carver High School was known for irs strong community ties and "it takes a village" attitude. From 1939-1970 many outstanding students graduated from Carver High School and went on to become lawyers, doctors, educators, engineers, musicians, professional athletes, and outstanding citizens throughout the United States and abroad; and WHEREAS, Carvex became a middle school after 1970 but loyalty and memories remain in the hearts of all Eagles of Carver High School. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, do hereby proclaim July 7, 2004 through July 11, 2004, as CARVER HIGH SCHOOL ALL SCHOOL REUNION WEEK and in so doing, extend best wishes for a successful and ioyous event. 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 4~ day of May, 2004. JEFF PERLMAN MAYOR FROM : F~X 110. : Iio". 11 200--' O--':40F'H F'i FAX COVER SHEET TO: Carolam~e Kucmerowski for Mayor JeffPerlman From: Lucye W. Penn Date: April 23, 2004 RE.: Proclamation ~om City of Delray for Carve~- tligh School. Retmion RECEIVED APR 2 3 2.004 CITY CLERK FRON ; FAX I10. : Iio,,. ii 2002 E'12:4rJF'M F'2 CARVER HIGH SCHOOL ALL-SCHOOL 2004. .lilLY ? - II, 2004 D~.LRAY 8~ACH, FL April 23, 2004, Planning Luqs~ William.* Penn, Chairperson Fred ~i lson, J~ ~ , Doro C~asar Brmvn. Fi~cial Secre~o' Ule~ Duncan Run. Il, Trea~rer Ven~MI Willies Glo.r. Recor~ng Secret~ D~&I' ~ Hil~ Chaplin ~?nestine Wilsou Holli~. Public Re~tions, Esther Br~9~ Rogerx Ruby ,~me~ Walk,ce .4lice Smbbs Wdli~s Dear 34ayor I'erlrnan: Cam,er High School chesses of 1939 - ]970 will be holding their fourth all-school reunion during the week c?f Jul3' 7 - ! [, 2004_ W'e are requesting a proctamatirSn.from the Ci/y o. f Delray to be inclzwled in our firs't souvenir, book. G~rver P[(gh School is the PJome of the Eagle& It~ motto is "To Educate the Head. the Heart, and the Hand." Our school colors are royal blue amt white; crud om-yearbook ix The Flight. Cat'ver Pligh School had its actual beginning in 1894. B/ac£v petitioned Dade Count)4 now known as 31iami-Oade Co**n~; ]bt a school in Delra)~ In 189_5 ~ch~>l ~o. 4 Oelr~ C%lored opened on F~h .~venue. The school was .[i~xt called Palm Beach Co~zW Deb'ay, but the class of 1941 wi~'hed]br a ~me t~t rqflected the stude~zt bo~ t5 pri~. ~ ~u2~ of George Washington (Tam,er w[l~ cht~sen beczz~ve S. D. Spa~4 the l~rmcit~ak had been a classmate qf Cheer at Hampton ]n,ytilul~e in Virginia. Prof .q~a~v told interesting stories about his clay,ymare, the [kgricultt~alisL so the studentx decided this would be fitting opffort~i(y to ntme the school aJ?er George Washington CYa~ez: The?'irs! grad~ating cia&*' wa.5 in ] 939_ 3frs. JVra~'tces .]. ]3~'Jght was o?ze of the first teache~v. During tluLyea~.s belween 1939- 1070. Cam,er High .~chool. with it3' stro~[g' c'omml~aiO' tie3- and FF,'OH : FflX [10. : Iio,,. 11 ZOO2 02:41PH PS "it takes a village" attitude, graduated man. v outstanding studentx who became law_y,e~, doctors, educators, engineers, musicians, professional athletes, and many other outstanding citizer~' throughout the United Stares and foreign countries._ Some o/' the distinguished persons al Carver High School who taught and en~hasized to their studen},* to" be the best that 3~u can be a~ r~ch for the stars" w~e Mr. AnIhosv Hollid~, l)r. Claxvon Coleman. ~lt~ C ,5~encer Pomp<v. glrs. Hattie Ruth Pompey, ~z~'. LuciHe lbw~g~lood, ;Xirs. A.~twne Bright-Dm,les. Aix_ Hc~el Dobard Airs. Loia' Dolphus, Martin. Julie M~7Ozteet[ ~'s. A&lle H,~on Cooper, Mrs. Minnie Powell, M~: (}race ~pcu~ffu.*,, Diah Rol[e. Mrs. Althea SowdL g4r3x Chetwy Ha~l, gifts'. Amy Hollid~ Dn Ve~mise Butlo; l:Y~mk Hearsr. A (rs. Anne Groover Williamv, and numerous ot~r teachers. These were the role .models who were the guiding light qf all s~dentLffom ,grade one through grade ~elve. (?arver became a middle sch~)ol qfter 197(t. Ho,vever, loyalty amt memories remain in the hearts oJ all Iz'AGLES c~f CAI~VER HIGH SCHOOL Return the £roclamotion ;'o 754 5: W- .Third Street. Dania.Beach, FL 33004_ Thanks in a~fi,ance_figr your consideration of m), requext. Sincerely. £ucve Iilillir n s P ' C'hairt>erxon Cam,er High 2004 All-School Reunion WHEREAS, Historic Preservation fosters a deeper understanding of the diversity of our distinct local, state, and national heritage; and WHEREAS, Historic Preservation enhances the livability and sustainability of communities, both large and small across America; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering civic pride, and maintaining community character; and WHEREAS, Historic Preservation helps us recognize the integral role that tangible links to our heritage play in our sense of place and community; and WHEREAS, "New Frontiers in Preservation" is the theme for Preservation Week 2004 co-sponsored by the Delray Beach Historical Society and the National Trust for Historic Preservation. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 3, 2004 through May 9, 2004 as NATIONAL PRESERVATION WEEK and call upon the people of Deiray Beach, Florida, to recognize and participate in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 4th day of May, 2004. JEFF PERLMAN MAYOR Planning & Zoning Department MEMORANDUM TO: THRU: FROM: DATE: RE: David Harden, City Manager Paul Dorling, Director of Planning & Zoning Wendy Shay, Historic Preservation Planner April 13, 2004 Proclamation for Preservation Week 2004 Each year the National Trust for Historic Preservation sponsors the observance of "National Preservation Week." This year's theme is "New Frontiers in Preservation" which implores us to recognize how our sense of place fosters our identity as a community. Historic preservation has played an integral role in the redevelopment of the community's built environment as well as the revitalization of the downtown and local neighborhoods. In recognition of these efforts, Delray Beach has been chosen to host the Florida Trust for Historic Preservation Annual Conference from May 13-15, 2004. As the City is being showcased during this event and visited by preservationists from around the state and since the City continues to endeavor to preserve and protect its historic resources, it is appropriate for the Mayor and the City Commission to officially recognize the City's preservation efforts by issuing a proclamation declaring the observance of National Preservation Week. I have attached a proclamation for the City Commission agenda of May 4, 2004 (copy attached). PROCLAMATION WHEREAS, historic preservation fosters a deeper understanding of the diversity of our distinct national, state, and local heritage; and, WHEREAS, historic preservation enhances the livability and sustainability of communities, both large and small across America; and, WHEREAS, histodc preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering civic pride and maintaining community character; and, WHEREAS, historic preservation helps us recognize the integral role of the community and the tangible links to its heritage; and, WHEREAS, "New Frontiers in Preservation" is the theme for Preservation Week 2004 co-sponsored by the Delray Beach Historical Society and the National Trust for Historic Preservation. Now, therefore, I, Jeff Perlman, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 3 through May 9, 2004 as "NATIONAL PRESERVATION WEEK" and call upon the people of Delray Beach, Florida, to recognize and participate in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Deiray Beach, Florida, to be affixed this 4th day of May 2004. TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANNING AND~ONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF MAY 4, 2004 2004 HISTORIC PRESERVATION WEEK POSTER CONTEST The City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) sponsor an annual poster contest to celebrate National Preservation Week. This year Preservation Week is recognized May 3-9, 2004 and the theme is "New Frontiers in Historic Preservation." Delray Beach students between 4th and 12th grade are encouraged to design posters which reflect the annual theme and to utilize the City's historic built resources for inspiration. The winning poster is distributed throughout the City in recognition of National Historic Preservation Week and will also be used to welcome conference participants during the Florida Trust for Historic Preservation Annual Conference, May 13-15, 2004. The Historic Preservation Board chose the following student's submittals (see attached) during their meeting of April 7, 2004: Tony Milanese from American Heritage (first place); Dawn Kelly from Toussaint L'Ouverture High School (second place); and, Frank VanAmburgh from American Heritage (third place). The first place winner will receive an award certificate and a $500 savings bond. Second and third place winners receive award certificates. The certificates for all three winners are to be presented during the City Commission meeting on May 4, 2004. Attachment: Photos of Winning Posters TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DIRECTOR OF PLANNING AND Z~NING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF MAY 4, 2004 HISTORIC PRESERVATION BOARD AWARD RECOGNITION PROGRAM The Historic Preservation Board (HPB) is conducting its 1st Annual Preservation Recognition Award 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. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the previous calendar year (January 1, 2003 - December 31, 2003). The HPB awards will be presented to the recipients listed below during the City Commission meeting. This year's design categories and recipients include: HISTORIC HOUSE CONVERSION House of Vintage, 123 South Swinton Avenue, Old School Square Historic District · Michelle Parparian, Owner · Gerald B. Church, Site Plan/Engineer · Carter & Associates, Landscape Architect · Abney Associates, Architect REHABILITATION S.E. O'Neal House, 910 NE 2nd Avenue Individually Listed Historic Property · Novo Development, Owner SIGNAGE Bull Bar, 2 East Atlantic Avenue Old School Square Historic District · Carman Stewart, Owner PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION Amelung House, t02 NE 12 Street Individually Listed Historic Property · Eliopoulos Architecture, Inc. Owner/Architect Nubin, Chevelle From: Sent: To' C¢: Subject: Garito, Barbara Wednesday, April 21,2004 2:45 PM 'Lynn' Nubin, Chevelle; Kucmerowski, Carolanne RE: city commission agenda request Lynn, I have instructed staff to put you under presentations for Tuesday, May 4, 2004. Barbara G~rito, City Clerk ..... Original Message ..... From: Lynn [mailto:lynn~delraybeach.com] Sent: Wednesday, April 21, 2004 1:22 PM TO: Garito, Barbara Subject: city commission agenda request Barbara: Can I be placed on the city commission agenda for the first meeting in May for a delray affair presentation to the commission. Please confirm via reply email. Thanks, Lynn Lynn H. Bialakis Director of Special Events Greater Delray Beach Chamber of Commerce 561-279-1380 x 22 561-278-0555 fax www.delraybeach.com www.delrayaffair.com MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ]~ - REGULAR MEETING OF MAY 4. 2004 RATIFICATION OF SOUTH {~ENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: APRIL 30, 2004 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on April 15, 2004. By a vote of 7 to 0, the SCRWTD Board approved the following: Authorization to appropriate $74,176.00 from cities' utility budget ($37,088.00 from each city) for Engineering Sampling and Analysis Services for the evaluation of collection system odors and treatment services. Authorization to write off $336,227.12 accumulated balance in Board's fmancials from Boynton Beach's repair and replacement fund since 1990/91 to correspond with transfer of Delray Beach's repair and replacement fund of $426,266.75 (September 30, 2003). Recommend ratification of the action approved by the SCRWTD Board on April 14, 2004. S:\City Clerk\agenda memos\.SCR'grfD Board Action of 04.15.04.doc ~}4/27/¢'L-104 L-19:4_:: 561'2_65'-'957 SOUTH CEIITRAL HWTP PA6E 02 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 2004 by a vote of 7-0, approve AUTHORIZATION TO APPROPRIATE $74,176.00 FROM CITIES' UTILITY BUDGET ($37,088.00 FROM EACH CITY) FOR ENGINEERING SAMPLING AND ANALYSIS SERVICES FOR THE EVALUATION OF COLLECTION SYSTEM ODORS AND TREATMENT SERVICES, (See work Task Order 2004-002) WHEREAS, said Board action requires ratification by the City of Boynton Beach end the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified In open session by the City of Delray Beech this day of , by e vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 15, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 15, 2004 by a vote of 7-0, approve AUTHORIZATION TO WRITE OFF $336,227.12 ACCUMULATED BALANCE IN BOARD'S FINANCIALS FROM BOYNTON BEACH'S REPAIR & REPLACEMENT FUND SINCE 1990/91 TO CORRESPOND WITH TRANSFER OF DELRAY BEACH'S REPAIR & REPLACEMENT FUND OF $426,266.75 (September 30, 2003). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~.J~[ ~ j, r,~"~'~ ~/A (~ PAUL DORLING, DIRECTOR OF PLANNINO AND-ZON.I~G NGUYEN TRAN, SENIOR PLANNER -~ ~ MEETING OF MAY 4, 2004 ** CONSENT AGENDA ** COMBINED PRELIMINARY/FINAL PLAT APPROVAL FOR A 4-LOT FEE SIMPLE TOWNHOUSE SUBDIVISION KNOWN AS HARBOUR HOUSE PLAT, LOCATED ON THE NORTHWEST CORNER OF N.E. 1sT STREET AND THE INTRACOASTAL WATERWAY. In May of 2003, an Abandonment of Right-of-Way application was submitted requesting the abandonment of a portion of Canal Street located adjacent to the east side of the subject property. It was scheduled to be considered before the Planning and Zoning Board at their regularly scheduled meeting of August 18, 2003, but was withdrawn by the applicant. At its meeting of November 5, 2003, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for a 4-unit, two/three story townhouse development with fee-simple ownership with the condition that the property is replatted. At its meeting of March 1, 2004, the Planning and Zoning Board recommended approval of the associated major subdivision plat with fee-simple ownership subject to the condition that the abandonment of Canal Street was re-activated. At its meeting of April 19, 2004, the Planning and Zoning Board recommended approval for the abandonment of a portion of Canal Street located adjacent to Lots 8, 9, and 10 of Park Court Sub-division. Additional background and a complete analysis of the request is found in the attached Planning and Zoning Board report. The proposed plat consists of a 4-unit, two and three story, townhouse type development on a 0.677 acre site. The development proposal involves the construction of 4 townhouse units with two-car garages for each unit along with individual pools. Vehicular access will be taken directly from N.E. 1st Street onto a dedicated internal access tract shown as Tract "A". Tract "A" has been dedicated to the Homeowners Association for ingress-egress, drainage, landscaping and utility purposes. Water and Sewer Easements are shown on the plat and have been dedicated exclusively to the City of Delray Beach in addition to a Grant of Easement Agreement to accommodate an existing 8" sewer main within Canal Street which is currently being considered for abandonment in conjunction with this plat. The Planning and Zoning Board considered the proposed plat at their meeting of March 1, 2004. After reviewing the staff report, the Board voted 5 to 0 (Jill Woehlkens-Stepped Down) to recommend to the City Commission approval of the combined preliminary/final plat of Harbour House based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and the Objectives and Policies of the Comprehensive Plan. All technical items have been satisfactorily addressed. City Commission Documentation Meeting of May 4, 2004 Harbour House Plat Page 2 By motion, approve the preliminary plat of Harbour House and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Obiectives and Policies of the Comprehensive Plan. Attachments: Location Map Reduced Plat Planning and Zoning Staff Report of March 1. 2003 PLAZA ATLANTIG VETERANS PARK llll AVENUE HARBOUR HOUSE PLAT FINAL SUBDIVISION PLA T 815 N.W. 1ST STREET SUBJECT ~ SUPPLEMENTAL DATA i PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: March 1, 2004 IV.B. Combined Preliminary/Final Plat for Harbour House, a Proposed 4-Unit Townhouse Development, Located at the Northwest Corner of the Intracoastal Waterway and NE 1st Street (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Porten Custom Homes Agent .......................................... Gary Eliopoulos Location ...................................... Northwest of the Intracoastal Waterway and Northeast 1st Street. Property Size .............................. 0.68 Acres Future Land Use Map ............... MD (Medium Density Residential, 5 - 12 Units/Acre) Current Zoning ............................ RM (Multiple Family Residential - Medium Density) Adjacent Zoning ................ North: R-l-AA (Single Family Residential) East: RM (Multiple Family Residential - Medium Density) South: OSR (Open Space & Recreation) West: RM (Multiple Family Residential - Medium Density) Existing Land Use ...................... Residential Proposed Land Use ....................Construction of a 4-unit townhouse development. Water Service ............................. Extension from a 6" main within N.E. 1st Street. Sewer Service ............................. Connection to an 8" main within Canal Street Right-of- Way. ATLANTIC AVENUE IV. B. The item before the Board is that of approval of a combined preliminary/final plat for a 4-unit fee simple townhouse development known as Harbour House Plat. The subject property (formerly known as Banyan House) is located at the northwest corner of N.E. 1st Street and the Intracoastal Waterway. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of Lots 7 through 10, inclusive, Park Court Subdivision (PB 10, PG 74) together with a portion of Canal Street and contains 0.68 acre. The property contains two (2) single family structures with two (2) accessory buildings which have been demolished. In May of 2003, an Abandonment of Right-of-Way application was submitted requesting the abandonment of a portion of Canal Street located adjacent to the east side of the subject property. It was scheduled to be considered before the Planning and Zoning Board at their regularly scheduled meeting of August 18, 2003, but was withdrawn by the applicant. No formal action was taken with respect to this abandonment. At their meeting of November 5, 2003, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for a 4-unit, two/three story townhouse development with fee-simple ownership. The plat currently before the Board is required for townhouse type developments and was listed as a condition of approval by SPRAB. The proposed development consists of 4 dwelling units contained in one townhouse structure, with the two end units occupying two-stories and the two interior units occupying three-stories. The two end units will be 4,588 sq. ft. and the two center units will be 5,339 sq. ft. All units will be constructed with two-car garages and will consist of either three or four bedroom units. Pools will be constructed within individual rear yards along with paver brick driveways, walkways, pool decks and associated landscaping. The townhouse units will be constructed on lots ranging from 30.58' to 48.42' wide by 177.11' to 201.62' long. Vehicular access to this project will be taken directly from N.E. Ist Street onto an internal access tract (Tract "A"). Tract "A" has been dedicated to the Harbour House Homeowners Association, Inc. for ingress-egress, drainage and landscaping purposes. Tract "A" also allows each adjacent lot owner the right to install and maintain their respective air conditioning units along the west side of this Tract. In addition, the City of Delray is permitted to access, construct, repair or maintain water P&Z Board Staff Report Harbour House Plat Page 2 and sewer mains within this tract. Pedestrian access to the site is accommodated with the construction of a 5' concrete sidewalk within N.E. Ist Street right-of-way. A 12' utility easement, located along the east side of Tract "A" (which includes 4.76' of the west side of Lots 1-4), has been provided to accommodate a proposed water main. In addition, a 20' utility easement, located over the west 20' of Canal Street has been provided to accommodate an existing 8" sewer main. Both easements were dedicated exclusively to the City of Delray Beach for water and sewer purposes. Drainage is accommodated via a privately dedicated drainage easement to the Homeowners Association. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. ~ecti(~n 3.1.1 (At - Future Land Use MaD: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Medium Density Residential 5-12 d.u./acre (MD), and is zoned Medium Density Residential (RM). Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district multiple family structures of 6 -12 units per acre or less are allowed as a permitted use subject to compliance with the performance standards of LDR Section 4.4.6(I) if a density greater than 6 units per acre is sought. The proposed density is 6 units per acre. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service will be provided through the installation of a 6" PVC water main located within Tract "A" which will connect to an existing 6" water main located within the NE 1st Street right-of-way. P&Z Board Staff Report Harbour House Plat Page 3 · Sewer service will be provided via service lateral connections to the existing 8" sewer main located within the Canal Street right-of-way east of the proposed structures. · Adequate fire suppression will be provided with the sprinkling of the three story buildings and service provided by an existing fire hydrant just west of the entrance. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Streets and Traffic: The applicant has submitted a traffic statement that indicates that the proposed multi- family development will increase the Average Daily Trips (ADT) by 8 trips. This is based upon the difference between the 20 ADT from the existing two single family homes and the 28 ADT to be generated by the proposed four (4) unit townhome development. Positive findings with respect to this level of service standard can be made. Parks and Recreation Facilities: The proposed four (4) residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $2,000 will be required of this development for parks and recreation purposes. Solid Waste: The four (4) units will generate 3.2 tons of solid waste annually (4 units x 0.8 tons of solid waste per year = 3.2 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via an exSiltration trench system with an outflow into the City's system. There should be no impact on drainage as it relates to this level of service standard. Schools: The applicant has submitted the required letter of Concurrency Determination to the Palm Beach County School District and the City has received a letter of Concurrency Approval from the School District. Section 3.1.1 {C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. P&Z Board Staff Report Harbour House Plat Page 4 As described in Appendix "A', a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Re.qulations: Section 5.1.3(A) Plat Required: A plat is required for the subdivision of any lot, tract or pamel of land; and for the dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water main, or other facility for public use or for the common use of building occupants. The provisions of this section shall apply to all lands within the incorporated area of the City except as specifically exempted. Each unit has been shown on the plat as a separate lot and access has been provided with the dedication of an access tract. The submitted plat meets all other requirements. LDR Section 6.1.3(B)(~l)(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a five-foot wide sidewalk is required along both sides of the streets throughout the development and a 5' sidewalk has been provided. No additional easements will be required since the sidewalk is to be installed within the public right-of-way, N.E. 1st Street. · LDR Section 5.3.1(Ri.qht-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Primary vehicular access to the development will be taken directly from N.E. 1st Street. Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for NE 1st Street is 60'. Currently, 50' of right-of-way exists for NE 1st Street. The Development Services Management Group (DSMG) approved a right-of-way reduction for NE 1st Street from 60' to 50'. Ingress-egress to individual lots will be taken via a privately dedicated access tract (Tract "A"). Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission consideration. P&Z Board Staff Report Harbour House Plat Page 5 This project proposal is not within the geographical area requiring review by the Historic Preservation Board (HPB) and the Downtown Development Authority (DDA); However, it is within the geographical area requiring review by the Community Redevelopment Agency (CRA). Community Redevelopment Agency (CRA): The CRA considered the development proposal and recommended approval. Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: · PROD - Progressive Residents of Delray · Presidents Council · Beach Property Owners Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal to construct 4 fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations for the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions). The plat and engineering plans will require several technical modifications, as listed in "Appendix B" - Technical Items section of this report, before it can advance to the City Commission. A. Continue with direction. Approve the preliminary plat for Harbour House Plat and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to conditions. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. P&Z Board Staff Report Harbour House Plat Page 6 Approve the preliminary plat for Harbour House Plat and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachment: · Appendix ~A" · Appendix "B" · Location Map · Reduced Survey · Reduced Plat · Reduced Site Plan S:~lanning & Zonmg~BOARDS~P&Z BOARDLHarbour House Plat - Plat.doc P&Z Board Staff Report Harbour House Plat Page 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X P&Z Board Staff Report Harbour House Plat Page 8 Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report Harbour House Plat Page 9 The following comments must be addressed prior to scheduling the plat for City Commission: Plannin,q & Zonin.q Department Comments Technical Comments: j 2. The City has not received responses from FP&L and BellSouth concerning any necessary easements. The Final Plat cannot proceed to City Commission until ALL responses have been received. A Release of Declaration of Unity of Title has been executed by the City of Delray Beach for Lots 7 & 10, Park Court Subdivision. Please record the enclosed document and provide a copy. Preliminary cost estimates need to be submitted for all public improvements. The abandonment application submitted in May of 2003 will need to be reactivated for that portion of Canal Street. Reactivation consists of a written letter stating the applicants intention to reactivate the petition as well as mailing labels for all property owners within 500' of the subject abandonment area. Abandonments require a 20-day Notification prior to the scheduled Planning and Zoning Board Meeting. A copy of the Homeowners Documentation and Recorded proof of the formation of the Harbor House Homeowners Association, Inc. through the State of Florida must be submitted. Plat Comments: Please change the old plat name, "Banyan House Plat" to reflect the new plat name "Harbour House Plat", located within the 5t~ paragraph under the dedication section. It appears that Canal Street may be abandoned after Plat approval. In this case, please label Canal Street on the plat with "To Be Abandoned". Environmental Services Department Comments Plat Comments: 1. Provide coordinates on all P.R.M. P&Z Board Staff Report Harbour House Plat Page 10 2. Provide digital copy of approved plat. Technical Comments: 1. Provide double services for units A and B and units C and D. Provide two copies of a Pollution Prevention Plan. Pdor to and during construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over One (1) Acre in size provide a copy of FDEP Notice of Intent. 3. No building permits will be issued until the abandonment occurs or else the units and improvements will not meet current setbacks. 4. Provide a detailed description of how each of these comments has been addressed with next submittal. 5. Additional comments may follow upon provision of requested information. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ MEETING OF MAY 4, 2004 *~CONSENT AGENDA~* ABANDONMENT OF A PORTION OF CANAL STREET RIGHT-OF-WAY LYING ADJACENT TO LOTS 8, 9, AND 10, PARK COURT SUB-DIVISION, LOCATED AT THE NORTHWEST CORNER OF N.E. 1s~ STREET AND THE INT~COASTAL WATERWAY. The portion of Canal Street proposed for abandonment measures 50' wide by 158.13' long and contains approximately 7,906 square feet. Canal Street right-of-way was dedicated on the plat of Park Court Sub-division (Plat Book 10, Page 74) and the proposed abandonment area is adjacent to Lots 8, 9 & 10 of Park Court Sub-division. The abandonment request was submitted by Porten Custom Homes, L.C., current owners Lots 7, 8, 9 and 10 of Park Court Sub-division. The applicant has received Site Plan approval for a 4 unit townhouse development named Harbour House (f.k.a. Banyan House) and is currently seeking Plat approval. The abandonment was listed as a condition of plat approval and is currently before the City Commission for approval in conjunction with the Harbour House Plat. It should be noted that this formal abandonment process is only to vacate and abandon the City's rights/interests in this right-of- way and not the assignment of returned property. Currently, Canal Street is unimproved and has not been utilized for access for many years. An 8" sanitary sewer main is located within the subject area and a Grant of Easement Deed has been executed by Porten Custom Homes, L.C. to cover this existing main. The Grant of Easement Deed will be accepted in conjunction with this abandonment request. Ail existing and proposed utilities have been accommodated on the plat with the dedication of Tract "A" for utility purposes. At its meeting of April 19, 2004, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning this item. After reviewing the staff report and further discussion, the Board voted 4-0 (Jill Woehlkens-Stepped Down, Joseph Pike-Absent, Diane Borchardt-Absent) to recommend approval based upon positive findings with respect to LDR Section 2.4.6(0)(5) and the Goals, Objectives and Policies of the Comprehensive Plan. By motion, approve the abandonment of a 50' x 158.13' portion of Canal Street, lying adjacent to Lots 8, 9, and 10, Park Court Sub-division (PB 10, PG 74), located at the Northwest corner of N.E. 1st Street and the Intracoastal Waterway, based upon positive findings with respect to LDR Section 2.4.6(0)(5) and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Abandonment Resolution · P & Z Staff Report of April 19, 2004 s:\planning & zoning\boards\city commission\canal street abandonment.doc RESOLUTION NO. 34-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF CANAL STREET RIGHT- OF-WAY, LOCATED AT THE NORTHEAST CORNER OF N.E. 1sT STREET AND THE INTRACOASTAL WATERWAY, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Dekay Beach, Florida, received an application for abandonment of a portion of Canal Street right-of-way, located at the northeast comer of N.E. 1s~ Street and the Intracoastal Waterway, as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Dekay Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on April 19, 2004, and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5) and Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan; and WHEREAS, the City Corramssion of the City of Dekay Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5),. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the De[ray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, as more particularly described as follows: THAT PORTION OF CANAL STREET, SHOWN ON THE MAP OF THE TOWN OF LINTON (NOW DELKAY BEACH) RECORDED IN PLAT BOOK 1, PAGE 3, LYING EAST OF AND ADJACENT TO LOTS 8, 9 AND 10 OF PARK COURT SUB-DIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 74, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 7,906 square feet (0.182 acre), more or less. PASSED AND ADOPTED in regular session on this the ,2004. day of ATTEST: MAYOR City Clerk Resolution No. 34-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: April 19, 2004 IV.B. Abandonment of a Portion of Canal Street Right-of-Way Lying at the Northwest Corner of N.E. 1st Street and the Intracoastal Waterway (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ................. Porten Custom Homes, L.C. Agent .............................. Kupi Eliopoulos Architects, Inc. Location ............................... Northwest corner of N.E. Ist Street and the Intracoastal Waterway. Property Size ........................ 0.17 Acre Existing FLUM Designation.. MD (Medium Density Residential, 5-12 du/ac) Current Zoning ..................... RM (Multiple Family Residential-Medium Density) Adjacent Zonings ........ North: R-I-A (Single Family Residential) East: Intracoastal Waterway South: OSR (Open Space & Recreation) West: RM (Multiple Family Residential-Medium Density) Existing Land Use ................ Unimproved right-of-way (Intracoastal Waterway ultimate right-of-way) Proposed Land Use ............. Incorporation into Overall Development Plan. Water Service ...................... n/a Sewer Service ...................... n/a The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of Canal Street right-of- way lying at the northeast corner of N.E. 1st Street and the Intracoastal Waterway. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. Canal Street right-of-way was dedicated in December of 1924 with the recordation of the plat of Park Court Sub-division (Plat Book 10, Page 74) as a 50' right-of-way. The subject portion of Canal Street is adjacent and east of Lots 8, 9, and 10 of Park Court Sub-division. In the late 1920's (1928, 1929 and 1930), the Florida Inland Navigational District (F.I.N.D.) surveyed the entire Florida East Coast Canal (now known as the Intracoastal Waterway) from Miami to Jacksonville for the purpose of locating certain tracts or parcels of land to be included within the proposed right-of-way for the Intracoastal Waterway. According to Sheet 16A (Plat Book 17, Page 16A) of the plat set for Palm Beach County, all of Canal Street north of Atlantic Avenue was included within the proposed right-of-way for the Intracoastal Waterway. The inclusion of Canal Street within the Intracoastal Waterway right-of-way does not mean that Canal Street has been abandoned by the Intracoastal Waterway plat, but that the west right-of-way line of the Intracoastal Waterway coincides with the west right-of-way line of Canal Street. Currently the subject right-of-way is unimproved and has been utilized as additional side yard for the adjacent properties for many years. Approximately 59% of the area is dry land, with the remainder being water. A concrete seawall is located approximately 35' east of the adjacent properties and a 6' high wood fence was installed across the land between the sea wall and the west right-of- way line of both Canal Street and the Intracoastal Waterway. The portion of Canal Street right-of-way to be abandoned measures 50 feet in width by 158.13 feet in length and contains approximately 7,906 square feet (0.18 acres). The subject parcel represents the entire portion of Canal Street right-of-way, adjacent to Lots 8, 9 and 10 of Park Court Sub-division. The abandonment request was submitted by Porten Custom Homes, L.C., current owners Lots 7, 8, 9 and 10 of Park Court Sub-division. The applicant has received Site Plan approval for a 4 unit townhouse development named Harbour House (f.k.a. Banyan House) and is currently seeking Plat approval. The Planning and Zoning Board Staff Report Abandonment of a Portion of Canal Street ROW Page 2 abandonment is listed as a condition of approval per the Plat. The applicant is requesting that the City vacate and abandon all public interests in this right-of- way so that the property could be utilized for setback purposes. Pursuant to LDR Section 2.4.6(0)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shah be returned to that parcel; property dedicated through subdivision shah be divided at the center line and returned equally to abutting parcels. As previously mentioned, this formal abandonment process is only to vacate and abandon all public interests in this right-of-way and not the assignment of reverted property. It is a civil matter as to the ownership of abandoned/vacated property. Utility Services An 8" sanitary sewer main is currently located within the proposed abandonment area. The Environmental Services Department requested that a 20-foot utility easement be placed over the centedine of the sewer main. A 20' sewer easement has been dedicated on the proposed plat and in addition, an easement deed was provided to cover this main. Florida Power & Light was not able to determine if any facilities exist within Canal Street right-of-way from the survey or from a field visit since they were not able to get on the site. The area in question is along the north property line of Lot 10 bordering Lot 29 of an adjacent plat. Florida Public Utilities Company and the City's Fire Department has reviewed the request and has no objection to the abandonment. BellSouth and Adelphia Cable did not respond the request for comments. Any existing utilities (except the sewer main) will be removed or relocated into Tract "A" of the Harbour House Plat, which has been dedicated for utility purposes. The plat and abandonment will be forwarded for consideration by the City Commission concurrently. Although BellSouth and Adelphia Cable did not respond to the request for comments regarding the Abandonment, all utility companies including BellSouth and Adelphia did respond to the notification of utility provider form accompanied with the plat. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and as previously mentioned, approximately 59% of this portion of Canal Street right-of-way is dry land with Planning and Zoning Board Staff Report Abandonment of a Portion of Canal Street ROW Page 3 the remaining 41% being water. The City has no plans on improving this right-of-way for any public purpose. Pursuant to Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan, The City shall retain all existing public access to the Intracoastal Waterway, including street ends, and should consider enhancement of the street ends as pocket parks with reasonable use restrictions including limited hours of operation. Northeast Ist Street is a dead end street with its terminus being the Intracoastal Waterway. Immediately south of this dead end portion of NE 1st Street is Veterans Park. Public access to the Intracoastal Waterway has been retained to the north (approximately 1 block north) as well as to the south through Veterans Park. Enhancements to the north consists of the improvement to the street end with park benches through a F.I.N.D. (Florida Inland Navigational District) Grant and Veterans Park improvements cOnsists of a paver brick pathway as well as boat docks along the sea wall. Canal Street right-of-way is immediately adjacent to private property and the likelihood that Canal Street will be improved to provide additional public access is not likely. Further, this abandonment area is next to private property that has not been utilized for access for a long time. Therefore, a positive finding with respect to Policy B-1.4 of the Coastal Management Element of the City's Comprehensive Plan can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently no lots use the abandonment area for primary access. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. A Grant of Easement Deed between the City and Porten Custom Homes, L.C. has been negotiated as well as a 20' wide sewer easement dedication shown on the proposed Harbour House Plat. All utility companies have been notified through the site plan and abandonment process. All existing and proposed utilities have been accommodated through the platting process. The development proposal is not within a geographical area requinng review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: Planning and Zoning Board Staff Report Abandonment of a Portion of Canal Street ROW Page 4 PROD - Progressive Residents of Delray President's Council Beach Property Owners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. The subject right-of-way is unimproved and there are no current plans for its improvement. In addition, the subject area is within the 300-foot ultimate right-of- way for the Intracoastal Waterway. The existing sanitary sewer main will remain and has been accommodated through a dedicated sewer easement as shown on the Harbour House Plat; in addition, a Grant of Easement Deed between the City and the property owner has been negotiated for access and maintenance of this sewer main. Public access to the Intracoastal has been retained and enhanced both to the north and south of this area. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5) and consistent with the City's Comprehensive Plan. 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5) and failure of the request to be consistent with the City's Comprehensive Plan. By motion, recommend to the City Commission approval of the abandonment of a 50' x 158.13' portion of Canal Street located at the northeast corner of NE 1st Street and the Intracoastal Waterway, based upon positive findings with respect to LDR Section 2.4.6(0)(5) and consistent with the City's Comprehensive Plan. Attachments: · Location Map Reduced Survey Reduced Site Plan · Park Court Sub-division Plat · Proposed Harbour House Plat File: S:iPlanning&Zoning~P&Z~Abandonment-Canal Street. doc TO: THRU: FROM: SUBJECT: DAWD ..ARDE,, MANAGER PAUL DORLING, DIRECTOR OF PLANNING AND ZONING NGUYEN TRAN, SENIOR PLANNER MEETING OF MAY 4, 2004 **CONSENT AGENDA** ACCEPTANCE OF A GRANT OF EASEMENT AGREEMENT ASSOCIATED WITH THE ABANDONMENT OF A PORTION OF CANAL STREET. The action requested of the City Commission is acceptance of a Grant of Easement Agreement associated with the abandonment of a portion of Canal Street, located on the northwest corner of N.E. 1st Street and the Intracoastal Waterway. At its meeting of March 1, 2004, the Planning and Zoning Board recommended approval of a 4-lot major subdivision named Harbour House (f.k.a. Banyan House). A condition of plat approval is that the portion of Canal Street adjacent to the subject property is abandoned. At its meeting of April 19, 2004, the Planning and Zoning Board recommended approval of the abandonment of a portion of Canal Street adjacent to Lots 8, 9, and 10 of Park Court Sub-division. The Grant of Easement Agreement currently before the City Commission is in association with both of the above mentioned projects to accommodate an existing 8" sanitary sewer main within the proposed abandonment area. The easement will be 24' wide and correspond with the west 24' of the abandoned Canal Street right-of-way. The City Attorney has reviewed and approved the agreements as to form and sufficiency. By motion, accept the Grant of Easement Agreement associated with the abandonment of a portion of Canal Street. Attachments: Location Map Letter from City Attorney Dated April 6, 2004 Letter from Alan Gabriel, Esq. Dated March 30, 2004 Grant of Easement Agreement S:~Planning & Zoning\BOARDS\CITY COMMISSION\CanalSb'eet Easement Agreement.doc 04/28/2004 13:18 FAX 5612784755 CITY ATTORNEY * P&Z ~002/011 [lTV OF DELRR¥ BERgH CITY ATTORNEY'S OFFICE 200 N~/ 1st AVENUE · DELI[AY I~EACN, FI. OR[DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 WRITER'S DIRECT UNto 561/243-7001 April 6, 2004 Alan L. Gabdel, Esq, Katz, Barren, Squitero and Faust, P.A. 100 N,E. Third Avenue Suite 280 Ft. Lauderdale, FL 33301-1176 Subject: Easement Agreement Porten Homes Dear Mr. Gabriel: Thank you for your letter of Mamh 30, 2004, Please note that the Easement will be placed before the Cib/Commission on the agenda tentatively scheduled for May 4, 2004. We cannot condition the City's approval as you suggest in your letter, however, the Easement will be placed after the abandonment item on the agenda. By copy of this latter, a copy of the Grant of Easement will be forwarded to Paul Darling, so that he might include the Easement Agreement on the May 4, 2004 agenda, if the abandonment is placed on the agenda, Also, by copy to Dick Hasko, we are requesting that he review the legal descriptions to determine if the utility easement descriptions are accurate and appropriate. Sincerely, SAR:ci Cc.' David Harden, City Manager Paul Doding, Director of Planning and Zoning Dick Hasko, Director of Environmental Services 04/26/2004 18:16 FAX 5812784755 CITY ATTORNEY * P&Z ~003/011 KATZ ] BARREN SO._UITEROt FALIST FORT LAUDEIkDALE IOO N.E. "~IIRD AV~.BlUL £UlTF. 280 FT, LAUDEi~.DALE. FL $3SO1-1176 954-522.-3636 954-522-5119 ~^x March 30, 2004 VIA TELEFAX AT 561-2784755 AND REGULAR U.S. Ivl/krL Susan A. Ruby, Esq. City Attorney City of Delray Beach 200 NW 1s` Avenue Delray Beach, Florida 33~,~4 Re: Porten Custom Homes, L.C.; Grant of Easement Agreement Dear Ms. Ruby: Enclosed please find a copy of the Grant of Easement Agreement which was negotiated on behalf of our respective clients. Please note that (1) the Agreement has been executed by Porten Custom Homes, LC. and (2) thc final version of Exhibit "A", comprised of the legal description and sketch reflecting the Easement Area, has been substituted for the previous page 7 which contained the legal description only. The granting of this Easement Agreement to the City of Delray Beach by our client is in consideration for and conditioned upon the City's approval of our client's request for the abandonmen~ of the relevant portion of Canal Street. Accordingly, once the abandonment has been formally approved by the City, two originals of this Agreement will be provided to you for execution by the appropriate City official and the return of one of the originals to us for recording. Please advise should you have any questions or need anything further. Very truly yours, ALAN L GABRIEL, Esq. Enclosure 16064005 .smbylet033004 Portcn Custom Homes, LC Charles Brecker, Esq. RECEIVED APR 0 5 CITY ATTORNEY K. ATZ. 8AILKON, SCZ.UITEKO, FAUST. BILECKr. R. TI=RZO. I;R[EDB£KG & GRAD¥. ['.A, MIAMI , IrT. Lt, LIDEKDALE 04/26/2004 13:18 FAX 5812784755 CITY ATTORNEY ~ P&Z 004/011 This Document Prep~,'cd By: Charles D. Brecker, Esq. KATZ, BARRON, SQUITERO, FAUST 100 N.E. Third Avenue, Suite 2g0 Fort Lauderdale, Florida 33301 GRAIT~ OF EASI~.I~ENT AGRI~.F.~NT THIS GRANT OF EASEMENT AGREEMENT ("Agreement") ia made and entered into this day of ,2004, by and betw~n PORTEH CUSTOM HOMES, L.C., a Florida limited liability company (the "Grantor" ), whose address is 666 So. Military Trail, Deerfi¢ld Beach, Florida 33442, and the CITY OF DELRAY BEACH, a Florida municipal corporation (the "C-rantee"), whose address is 200 N.W. 1" Avcnue, Dclray Beach, Florida 33~.~.~. REClIA_LS: A. Grantor is the fee simple owner of certain real property located/n Palm Beach County, Florida (the "Grantor's Parcel"), as is more particularly described as follows: That portion of Canal Street, shown on thc Map of the Town of Linton (now the City of Delray Beach), recorded in Plat Book 1, Page 3, lying cast of and adjacent to Lots 8, 9 and 10 of PARK COURT SUBDIVISION, according to the Plat thereof, recorded in Plat Book 10, Page 74, of the Public Records of Palm Beach County, Florida. Grantor's ownership rights are subject to dedications and easements of record. B. Grantee presently maintains an 8" sanitary s~wer utility linc ( the "present utility line'') under the G-ramor's Parcel, within a certain portion thereof which shall be designated as twenty-four (24) feet in width, as is more particularly described on Exhibit "A" attached hereto, hereinafter re ferrcd to as the "Easement Area". The present utility line is centered approximately 8 feet fi.om thc western bounda.,3, of the Easement Area, and is maintained by thc Grantcc pursuant to the dedication of Canal Street to the use of the Public on thc Map of the Town of Linton (now thc City of Delray Beach), recorded in Plat Book 1, Page 3, as shown thereon and as further d~picted on the Plat of Park Court Subdivision, recorded in Plat Book 10, Page 74, Public Records of Palm Beach County, Florida; and Cn'antee desires to continue thc use of the present utility linc in perpetuity, as well as to provide for the right to locate and operate an additional futuro water line, sanitary sewer line or a reclaimed water line under the F. asement Area, and to properly and timely m.i_ntain and repair thc current and future lines. C. Grantor desires to confirm Grantee's right to continue to locate, op~xate, maintain, repair and replace thc "present utility line" in pe~-'tuity, as well as to provide Grantee, in pa'petuity, with the right to he. after consmict, install, locate, operate, mainlain. ~palr and r~place an additional 04/26/2004 13:17 FAX 5812784755 CITY ATTORNEY + P&Z ~005/011 under/round water, sanitary sewer or reclaimed water line (the "future utility line") within the Easement Area, without requiring any future approval by Grantor and subject to certain limitations; subject to certain easement rights in favor of the United States of America, exercised through the .U.S. Army Corps. of Ev~neers (the "USACE"), as set f~rth in a Final Judgment dated May 3, 193 $, la condemnation proceedings in Ca~¢ No. 793-M U-S. Civil in the United States District Court in and for the Southern District of Florida, together with any rights acquired by easements recorded in Deed Book 490, Page 271, and Deed Book 510, Page 159, and the Right of Way of thc Intracoastai Waterway as shown on thc Plat rocorded in Plat Book 17, Page 16A; and subject to the rights and interests of the Florida Inland Navigation District ("FIND"), if any. NOW, THEREFORE, in consideration of the forcgoiag, ~s well as the sum ofTen Dollars ($10.00) and other good and valuable comideration, the rec~pt and sufSciency ofwkich are hereby acknowledged to bc supportive of this A/recreant, the pm'des covenant and a/rca as follows: 1. Rg~i~s. The foregoing recitals arc true ~d conect and incorporaled herein by this reference. 2. Grant f Eas t. Grantor hereby grants, remises, quit claims and conveys unto Grantee a non-exclusive and perpetual easement under the Easement Area for the benefit of the Grantee and for the purpose of the location, construction, installation, operation, maintenance, repair and replacement of the present sanitary sewer utility line and of an additio~al future water, sanitary sewer or reclaimed water line required by the Grantee to serve proper municipal purposes, subject to the approval of this future utility line by FIND and/or the USAC]E as required by those agencies. Grantor sgrees to execute any and all documents reasonably required by USACE or FIND to evidence its consent to the construction and operation ora future utility line consistent with the terms hereof. 3. ]~]~tJl~J~~. Cu'antec agrees to ~c. ccss and utilize the casement ~ranted hcreunder (the "Basement") in a reasonable mariner so es not to intcrfcre with the usc and enjoyment of thc Grantor's Parcel, or with the usc and enjoyment of any property abutting Grantor's Parcel, by Grantor, its successors and assigns, and, in thc case of any use involving the tcmpora~ disturbance of Grantor's Parccl as it now exists or may exist in the future, with reasonable advance notice to Grantor or its successors and assigns. The Grantcc. after providing written notcc at least 48 hours in advance, may entre, onto the pmpe,ty without the eonscnt of the Grantor for the purposes contemplated hercin, except that in the case of an emergency rclating to an existing utility line, entry may be made without advance notice. C-rantec further agrees to utilizc the Easement hereby granted in accordencc with all applicable govcr,~m,.~atal laws, rules and regulations, at its sole cost and expense, using diligence and due care, maintaining the propcrty in a safe and securc condition. Within a reasonable time of any usc of thc Easement granted herein which involves disturbance of the l~ound comprising any part of Grantor's Parcel, Grantcc shall be obligated to restore the ground both below and at the surfncc of C, rantor's Panel by the replaccmant of dirt and sod disturbed by Grantee as a result of Grantee's activities on site, which shall include bacidilling, grading and compacting the soil and providing ~round cove~- by way of sod. No other restoration of the Eascmcnt Page 2 04/28/2004 13:17 FAX 5812784755 CITY ATTORNEY + PSZ ~008/011 area by Orantee is contemplated by this Agrccment. The Grantee shall not bring any hazardou~ ~ubstar~ onto Grantor's Parcel; provided, however, Grantee shall be allowed to bring any materials, chernicals or substances necessary to properly maintain its utihties in accordance with industry standards and as pcrmittcd by law. The Grantor shall be pc,mitred to locate fencing ora removable nature withi~ the Easement Area, including in thc areas adjacent to the southern and northern property lines of the Easement Area and within any other portion of thc Easement Area. However, such placement shall be at Grantor's r/sk, and Grantee shall not bc obligated to restore anypart ofsnch fencing wh/ch is/mpacted by Grantee's pennittcd usc of thc l/asemcnt Area in accordance with this Agreement Grantee further agrees and acknowledl;es that this C-rent of,Basement is subject to the existing rights of the United States of America, through thc U.S. Army Corps of Engineers, which shall include the r/ght to expand thc Intracoastal Waterway at this location to its ultimate maximum width, which could include the cntirety of Grantor's Parcel, and is also subject to the interests and rights of FIND, if any. 4. ~ C-rantcc acknowledges and agrees that it shall keep and maintain its present and future utility lines in conformity with all laws, statutes, ordinances, rules and regulations, permits, licenses, approvals and other burdens imposed by all governmental and q,,asi-govcnunental bodies and agencies with jurisdiction. 5. Bnf emen Provi ions. IntheevcntofadefaultofthisAgreerncntbyanyparty hereto, the parties agrco that each non-defaulting party shall have all rights and remedies available to it at law or in equity for any such dcfault, including but not limited to damages, ~ecific performance and injunctive relief, excluding, however, the right of any party to tcnninatc this Agreement. 6. Notices. All notices and other items required to be given and delivered under thc terms of this Agreement shall be in writing, shall bc addressed as indicated below and shall be both faxed and eithcr hand delivercd or sent by certified mail, to thc parties as follows: Pomm Custom Homos. LC. 666 South Military Trail Deen%ld Beach, Florida 334~2 Arm.: Mr. Scol! Porten Fax: (954) 422-1887 Copy to: Charle~ D. Brecker, Bsq. Katz Ban-on Squlteso Faust 100 N.B. 3'a Avenue, Suite 280 Fort T-~-dcrdale, Florida 33301 Page 3 04/28/2004 13:17 FAX 5812784755 CITY ATTORNEY * P&Z ~o07/011 Fax: (954)-522-5119 C-l~lltee: City of Delray Beach 100 N.W. 1't Avenue Deh'ay Beach, Florida 37.~.~. Atto.: City Manager Fax: (561)-243-3774 City of Delray Beach 434 South Swinton Avenue Delray Beach, Flor/da 33444 Attn.: Engineering Department Fax:: 561-243-7314 Copy to: City Attorney 200 N.W, 1" Avenue Delray Beach, Florida Fax: (561)-278.2755 The respective attorney~ for the Chanter and Grantee ~re hereby authorized to give any notice pursuant to this Agreement on behalf of theh' respect/ye clients. Notice by certified ma/l, return receipt requested, postage pr~aid, shall be effective the day after the notice is properly ma/lcd, and notice by any othcr means shall be effective only upon del/very to thc party bcing notified. 7. ~. This Agreement constitutes thc entire agreement ofthe parties and the same may not be amended or modified except by written instrument signed by all of the panics hereto and recorded against the Grantor Parcel. 8. Nature of Ea~ ent. This Agreement shall be deemed to create an easement only, not a conveyance of fee shnple title to the Crrantor Parcel or any part thereof, 9. ~. This Agreement, shall be binding upon and inure to the benefit of the pan/es hereto, their successors and assigns, The Easement created by this A/~:ement may not .be substantially emended or revoked in such a way as to unreasonably iht e~ere with the proper and intended use thereof. 10. ~ent to Run with the Land Thc covenants, burdms and benefits set forth herein, upon recordation in the Public Records of palm Beach County, which is intended by thc parties, shall run with and encumber the Orantor's Parcel, This Agreement and the Easement created hereby shall be perpetual as a covenant runnlxlg with thc land. Page 4 04/28/2004 13:17 FAX 5612784755 CITY ^TTORNEY + PSZ ~008/011 11. ~. This Agreement shall be Lnterpretcd, construed ad enforced in accordance with thc laws oflhe State of Florida. The parties hereto agree that prope~ venue for any action or proceeding hereunder shall be Palm Beach County, Florida, and tJ~s Agreement shall not bc construed more strictly against one party than against any other mcrcly by virtue of thc fact that it may be prcpared by counsel for one of the patlios, it being recognized that each of thc partics has con~butcd substantially and materially to the preparation of this Agrecmcnt. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first abovc written. SES: G~ Print Name:~,~ POR'r~I CUSTOM HOMES, L.C. Title: · ~ - ,. ,e',..,, STATB OF FLORIDA ) ) SS: COUNTY OF"-~,-~,,oo r ~ ) Thc foregoing instmmcmt was acknowledged before me this ~ day of (h~cr.h , 200j_~,by ~--~ ee~-~,~ ~T. /'~ e,-. ,_ ~/;c~-'~,., ~r~' of PortenCustomHomes, L.C., who is p~o~ly known to mc or who produced as idcnt/flcntion. My Cowmission expires: (Remainder of page intentionally let blank) Page 5 04/28/200¢ 13:17 FAX 5812784755 CITY ATTORNEY * P&Z ~0o9/011 WITNESSES: Print N~mc: CITY OF DELRAY BEACH Print Narnc: B~. Print Name: Title: STATE OF FLORIDA COUNTY OF ) ) SS: The foregoing instrument was acknowledged before me this ~ day of ~ 200__, by , of Porten Custom Homes, L.C., who is personally known to me or who produced as identification. My Commission ~xpires: Notary Public Print Narnc: 16064005.Easement.t~v.021004 Page 6 04/25/2004 18:17 FAX 5612784755 CITY ATTORNEY * P&Z OlO/Oll ~4' UI'IIJT~ E~EMENT ,,. .... ~_,~.~?__r.~m_[m _~,_L_ _~_ m. · AM~ t0 OF PARK COURT ~JB-DMalON, ACCORDING TO THE ~m m ~'<~uP, HE'COi:IDF. D IN PLAT 8OOK 10, PAGE 74, OF ~ PU~UO RECORD8 OF PA/.M aAID LAND~ LYIN~ IN THE CITY OF DEI, JU.Y I~,ACH, CONTAINING $,7~4 ~UARE FEET (0.09 ACRL~), MORE OR i~. BEACH COUNTY, FLORJDA, / ~10~~~~ I~ ~: ~D~SURVEY',I3e35A00~.EGN.S~0a~..24UE.1M:,O- MARCH 10, 2004 04/28/2004 13:17 FAX 5812784755 CITY ATTORNEY ~ P&Z SKETCH OF DESCRIPTION 24' UTILIIY EASEMENT A PORTION OF CANAL STREET MAP OF THE TOWN OF UNTON (DEl-RAY BEACH) (PLAT BOOK 1. PAGES 5. PBCR) o11/Oll LOT 10 LOT 9~ ~ k LOT 8 ai'41'41' ~ (J~SIJI~D) ,.,?- TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~,~c~ PAUL DORLING, DIRECTOR OF PLANNING ANI~ONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF MAY 4, 2004 **CONSENT AGENDA** ACCEPTANCE OF A SIDEWALK EASEMENT ASSOCIATED WITH BLOCK 6T LOT 59. The action requested of the City Commission is acceptance of a five foot (5') sidewalk easement associated with the Linehan Property (Lot 6, Block 59), located on the east side of NW 1st Avenue, approximately 77' north of NW 1st Street within the Old School Square Historic Arts District (OSSHAD). At its meeting of March 3, 2004, the Historic Preservation Board (HPB) approved the Class V Site Plan for the construction of a mixed use building on a vacant lot described as Lot 6, Block 59, with the condition that a five foot (5') sidewalk easement is accepted by the City Commission and recorded prior to issuance of a building permit. Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for NVV 1st Avenue is 60'. Currently, 40' of right-of-way exists for NW 1st Avenue. In order to be consistent with the commercial properties to the north and south of the proposed project, the Development Services Management Group (DSMG) approved a right-of-way reduction for NVV 1st Avenue to 40' subject to the dedication of a five foot (5') sidewalk easement rather than further dedication of right-of-way. Therefore, an easement deed dedicating the five foot (5') sidewalk easement deed has been provided. The Assistant City Attorney has reviewed the easement deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the five foot (5') sidewalk easement associated with the Linehan Property (Lot 6, Block 59). Attachments: Location Map, Survey, and Sidewalk Easement. 04/23/2004 10:19 FAX 5~12784755 CITY ATTORNEY * Community Improv ~002/005 R. Brian Shutt, Esq. City Anorac3~$ Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED of t~,fa [ ;,*,e~-,,. , with amailing address of ~/3~^~( ~'l=l/~ {~a~ '~/3'~ I , paz~y of the fi~t part, and the C1TY OF DELRAY BEACH, with a mailing address of 100 N.W. Ist Avenue, Deh'ay 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 thc party of tho. second part, its successors and assigns, a right of way and perpetual easement for the purpose of thc construct/on and maintenance of a public sidewalk with full and free fight, liberty, and authority to enter upon and to install and maintain such sidewalk across, through and upon or with/n 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 thc sccond party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the eascracnt, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to prov/de for the release or subordination of any and all mortgages or liens encumbering this cascmant. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the abovc-described property, other than the aforementioned s/dewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will bc restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed 04/23/2004 10:19 FAX 5612784755 CITY ATTORNEY * Comaunity Iaprov ~003/005 to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. 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 fight 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 pe, n,its, the same shall include the successors or assigns of the parries. IN WITNESS WHEREOF, the parties to this Easement Dced~et their hands and scals the day and year first above written. WITleSS #1: PARTY OF THE FI ~r IART .... ' (name printed or typed) WITNESS #2: (name printed or typed) STATE OF ~t9 f~ ,, cocrt ' OF P CI4 ~ ~,The foregoing instrun~ent was acknowledged before me this day of ~/. ,200~qby .~ S~c_~ [.~,~eko.~. (name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporadoll. H~S~ personally known to me or has produced dr~ve ~ C~ c~ ,,Ce. (type of identification)~-'- a~ identific'ation and did/did not take au oath. ~/:~x_~t~c~ Signatur~f Notary Public - State of q"ic~cl d~-- (SEAL) 2 04/23/2004 10:19 FAX 5612784755 CITY ATTORNEY * Community Improv ~004/005 The Weal ~.00 f~t ef lhe feloed.g dsmCr~ property: Lot 6, L£5S ~e $~.fh 15,T feet thereof, topl~- w~ the South 0,08 f~f of Lot 5, Bl~;k 5~, MAP OF TI~ TOWN OF LINTON (nov Delray Bm~h), go. acting to the PIc3t thereof recordld rn Plat Beak 1, PQge 3 (street 2! of the Pdlc Records of Poim Beach Coun4y, Flod~. ~ linch situate b the City ef Deiroy Beach, Par~ Beach County. Flarl~ and c~ntoirdflg 3Od.'t square feet (0.OO7 acres) more or Hss. 6. _At~f'lvJation Lag~d: LB.- LiCaa.ed Bu~ls;; P.~.= Pk3f BOoI~ ~.C.~.- Brov~d County KKOrd6; PG.= Page; PJ..~.= Profeouiom31 Land Surveyor;, P.B,- Pk]t Beak; P.B.C,R.- Palm Beech Catty Records 04/23/2004 10:15 FAX 5612784755 CITY ATTORNEY * Community Improv [~o05/o05 LOT 4 I L'~3LITH 0 08' LOT, WEST 5' (~D S~ EAST) . ~OT 6 BL~ ~ ~1' ~7 ~T LOT 6 NW 1st AVENUE 0 % 532' 16' ALLEY MART~N LUTHER TENNIS STADIUM CASON METHODIST CHURCH 3RD ST. CITY A T TORNE Y BUILDING KING JR. DR, CI T Y HALL COMMUNITY CENTER N.W. 2ND ST, ]" ' SCHOOL SQUARE -- '1 SOUTH COUNTY COURT HOUSE ATLANTIC / 3RD 2ND ST. 1ST ST. AVENUE N JESSICA LINEHAN PROPERTY MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <~ ~ - REGULAR MEETING OF MAY 4. 2004 PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT DATE: APRIL 30, 2004 This is before the City Commission to approve a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for the Parks & Recreation Depa~mxent's participation in the Palm Beach County Court Community Service Program for community service workers at Pompey Park. This agreement will allow the Parks & Recreation Department to utilize people who have been sentenced to Community Service Hours for general maintenance and janitorial duties at Pompey Park. Recommend approval of a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for participation m the Palm Beach County Court Community Service Program for community service workers at Pompey Park. S:\City Clerk\agenda memo~\PBC commumty Service Contracu05.04.04 [lTV I]F DELRI:IV BEI:I[H 1993 2001 100 N.W lstAVENUE DEFRAY BEACH, FLORIDA 33444.561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Marden City Manager Joe Weldon Director of Parks and Recreation Pompey Park Community Service April 27, 2004 Attached please find an agreement between the City and Palm Beach County to provide community service workers at Pompey Park. The City Attorney's office has reviewed the agreement for legal sufficiency. Please place this on the May 4, 2004 agenda for City Commission consideration. DJ~ecW~lodr°nof Parks and Recreation cc: Carolanne Kucmerowski Agenda Coordinator David Ricks Recreation Supervisor IV JW:cp Ref:dhppcmsrv THE EFFORT ALWAYS MATTERS £1T¥ UF DELI:II:I¥ BEI:IrH CITY ATTORNEY'S OFFICE 200 NW is, AVEN'~E-.~EL.,A¥',E^C.. F'~O',.'~A 33"4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7090 MEMORANDUM March 25, 2004 Joe Weldon, Director of Parks and Recreation Terrill Pyburn, Assistant City Attorney /~/ Palm Beach County Court Community Service Proqram I have reviewed the agreement as to legal sufficiency and form. Please place this agreement on the City Commission agenda and once executed by the Mayor, it can be transmitted to the court. TCP:smk Attachment 03~0~/2004' 12:17 5613551559 15TH JO ORT OPERATIO PAGE 02 Palm Beach County Court Community Service Program Public Agency Agreement TFLI3 AGE ~_EMENT, dated this ~. day of ,200 has b~en read and understood as evidence by the execution hereof by an individual to so sign on behalf of , hereinafter "AGENCY", WHEREAS, from ttrr~ to time the Courts of the 15'~ Judicial Circuit direct defendants to perform a certain number of hours of community service; and WHEREAs, community services is performed by said defenden~ at various public agencies who meet ~stablished criteria; and the services are perfoimed at no cost to the public agencies. WITNESSETH; For and in consideration of the r~ferral of defendants to pe~onn services for the AGENCY and for other good and valuable consideration designated below, the receipt of which is hereby acknowledged, AGENCY agrees that ! 1. The Courts of the 15~, Judicial Circuit rnay dkect defendants to perform conununtty services for AGENCY at no cost to AGENCY, AGENCY agre~ to monitor and oversee the work p~rformed by any defendant Sent by the Pal~ Beach County Court Community S~,vice Program and to accurately report, in a form approval by the Palm Beach County Court Community Servie~ Program, the number of hours each defendant works. AGENCY understands and agrees that the Palm Beach County Community Service Program, the Courts of the 15~ Judicial Circuit, Paim Beach County and its BoaM of County Commissioners, and each of their agents, employees, and elected offtciais, are not responsible for the detail, manner and/or n~thod of any defendants' performance of services. The AGENCY, County, Community Service Program. and Courts of the 15* Iudtciai Circuit, to the ext~nt permitted by the law, shall be responsible for its own negligence or willful misconduct ' of its agents, employes end officials. Nothing contained herein shall ia6 deemed a waiver of sovereign immunity or liability limits set forth in Florida Statutes Section 768.28. 'Clio AGENCY may termir~ate this agreement upon thirty (30) days written notice end may reject any refenxl prior to or during the ~ssigned community service if the AGENCY det~rnlnes it is its beat interest, ATTEST: BY: A~proved as to Vorm and sufficiency: /~3~.City A'ttorrle~ PUBLIC AGENCY BY: ITS: 03/0~/2004 12:17 §6~35~§§9 i~TH ~C CRT OPERATIO PAGE 03 Palm Beach County Fift~nth Judicial Circuit Community Service Program Name of Agency:.......City o£ Delray Beach Parks & Recreation Department, Pompey Park This must b~ the tub legal Dame of the Agency asit appear~ on its otgaulzlng Instrument) (Hereinafter) StreetAddrmss. 1101 N.W. 2nd Street Delray Beach, FL 33444 MaJKngAddreSa: 1101 N.W. 2nd Street. Pe~!ay Beach, FL 33444 Telephone:( 561 ) 243-7356 Contact Person: David B. Ricks When Available: Mon.-Fri. 8 AM - 5 'PM Title: Recreation Supervisor IV Statement of PurpOse:.. to provide ~jqy~b!e recreational, cultural and athletic activities , :,, ( Please state the Agent's purple ) for the co~unity. I I~Dy CgR~H ~T TIlE AGEN~ ~ ( ClIECK ONe); ~3 1. O 2. The United States of America, or an agency or insm[rn~ntality thereof, or the State of Florida. o~ any or any agency or political subdivision thereof; or An organization created by (1) the Constitution of the U~ited States ~r of the State of !alorida, or The charter or other organizing instrument of any political subdivision or instrumentality as applicable of either, or, or (II) an Act of Congress, the Plorida Legislature, the legislative body of any politieig subdivision or instrumentality of either; or 3. An organization described in the Section 501C (3), Internal Revenu~ Code of 1986 (as amencied). If t~ ~encv entove S01C ¢3btatus, Dlea~ ~ttarh a cody of the most recent Fayorabl~ determ!-*~lol~ letter J~eued by the Internal Revenu~ Sen'lee, Upon execution of this document, the Agency cei'~%s that the favorable determination has not been revoked and that no event has occurred which could cause a revoeatiort of said determination. ~'.,, . ~eneral maintenance and janitorial duties.. Pleas list the da~t of the week and times community service workers can best be utilized by your agency: W~sl~t'~$: Monday throu~ih Friday Ho~s: 7 AM - 8 PM W'~k~/adsL_':~. Saturday and Sunday Hour~:. 7 AM - 4 PH 03/09/2004 ~:~? 56~355~559 15TH ~C CRT BPERAT~ P~GE 04 Since mauy of our community service workars are employed, could evening and or weekend days and/or weekend days tirn~ be arranged ? y~, if pre-arranged~ X Absolutely not: Will your agency be in ne~d of community service workers on a continual referral basis, or primarily for apecific projects as they may arise? continual referral basis O~neral Comments: must be able to perform general maintenance By, Signatur~ lS~ Judicial Circuit Community Service Program 205 N. Dixie Highway, Suite 2~400 West Palm Beach, Florida 3340! Title STATE OF FLORIDA , COUNTY OF PALM BEACH The foregoing instrument was acknowledge before me on this the by day of , , 200.__ , who is personally known to me or who has produced .as identification and who did / did not take an oath. (Signature of person talcing acknowledgment) (Nam~ of Officer taking acknowledgment) ( Title or Rank ) ( Serial number, if any ) 03/0~/2004 12:17 5613551550 15TH JO CRT OPERATIO PAGE 05 PALM BEACH COUNTY COURT COMMUNITY SERVICE City of Delray Beach Parks & Recreation Department, Pompey Park 1101 N.Wi 2nd Street City, State, Zip Code: Telephone: (561) ... Contact Person (s) .. Delray Beach, Florida 243-7356 David B. Ricks · 33444 Agency Purpose: Recreation Site Supervisor to provide enjoyable recreational, cultural, and athletic activities for the community Assignment Authorization: X Reqt~ .... Not Required Minimura Age Accepted: 18 Ho~ Commurdty Semdce Work Needed: Weekdays: Monday throush Friday Weekends:. Saturday and Sunday 7AM-8 PM 7 AM- 4 PM Description of Needed:. janitorial work, light maintenance Comments:. none Date: April 26, 2004 AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: May 4~ 2004 Description of Agenda Item (who, what, where, how much): Request approval of and City Manager's sSgnature on the Palm Beach County Court Community Service Program Public Agency Agreement between the 15th Judicial Circuit and Pompey Park. ~D.epartment Head ~ { ~'~ ~Q~ \ S~gnature: ~'~-C-~ ~ ~ . City Attorney Revie~Recornmendation (if apphcable): Budget Director Review (required on ail items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~//No Initials: Held Until: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # <~C_7 - REGULAR MEETING OF MAY 4. 2004 GRANT APPLICATION TO CHILDREN'S SERVICES COUNCII. DATE: APRIL 30, 2004 Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $283,471.00 in support of our out of school program, day camps and summer camp program. Services are provided to 300 children at three (3) sites during the school year, which includes an After School Program, Holiday Camp, Spring Fling, One Day Camps, and nine (9) weeks of Summer Camp. I recommend that staff be authorized to submit the grant apphcation. S:\Ciq, Clerk\agenda rn~mos\chiklten's services.05.04.04 [IT¥ Ill: DKLRR¥ DELRAY BEACH AII-AmedcaCity 1993 2001 100 N.w. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation Children's Services Council April 28, 2004 The Parks and Recreation Department is in the process of completing its budget for the seventh year of funding from the Children's Services Council for our Out of School Program. We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual attendance which is anticipated to be approximately 250 children. The Out of School Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to approximately $283,471. We are submitting for your review the agency certification requirement with the attached agenda request. Please place this on the May 4, 2004 agenda for City Commission consideration. Direct~Dr of Parks and Recreation Attachment cc: Carolanne Kucmerowski, Agenda Coordinator Alberta Gaum-Rickard, Budget Technician JW:cp Ref:dhcsc04 THE EFFORT ALWAYS MATTERS 2004 - 2005 CSC PROGRAM APPLICATION EXPLANATION OF 2004 - 2005 PROJECTECTED BASE BUDGET AMOUNT Contract No: 104 Agency: City of Delray Beach - Parks & Recreation Program: Out-of-School Youth Recreation/Enrichment 2003 - 2004 PROGRAM ALLOCATION $275,215 Your program°s actual 2003-2004 allocation from CSC. CAPITAL $0 Captial expenditures are considered one-time costs and are subtracted from the base program budget need for 2004-2005. + ANNUALIZATION $0 +/- ADJUSTMENTS $0 The additional funding needed to fund for a full year that part of your program that was phased in during 2003-2004. Program-specific adjustments that are required in order to accurately reflect your base program need. SUBTOTAL $275,215 X I-YEAR TREND 1.03 $283,471 A one-year inflation factor is applied to your budget to determine the 2004-2005 base program funding need. 2004-2005 CSC PROJECTED BASE BUDGET AMOUNT Your 2004~2005 application for CSC funds must not exceed this amount. Wednesday, March 24, 2004 AGENCY CERTIFICATION In submitting this proposal to CSC, City of Delray Beach certifies that: 1. The applicant agency qualifies to submit a proposal under the provisions in the RFP Minimum Requirements; 2. The date that this proposal was or will be approved by the agency board of directors was/is 5. 6. 7. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status or any other factor which cannot lawfully be used as a basis for an employment decision; The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels, procedures, objectives, budget, and any other relevant matter for incorporation into a contract; The applicant agency does not intend by this proposal to replace existing funding resources with CSC funds; The budget included in this proposal is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; A copy of the current IRS 501(c)(3),(4),(6),(7), or (10) Certificate (for not-for profit agencies) or a copy of the pending application for a 501(c)3 Certificate is included with the submission of this proposal; Any of the following documents are available and upon request by CSC will be produced by the applicant agency within five (5) working days, but do not need to be submitted with this proposal: a) Articles of Incorporation b) Personnel Policies and Procedures c) Job Descriptions d) Certificates of Insurance and Bonding e) Licenses to Operate Agency/Program NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill the provisions of this proposal. 2004-2005 Agency Certification Document # 9142 Page 1 of 184 10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency which could impair the applicant agency's ability to fulfill the provisions of this proposal. If any of the above documents are not available or any of these statements cannot be made, please explain below: OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO PROPOSAL (Authorized officials recognized by CSC are the Board Chair or President and Executive Director.) City of Delray Beach Agency Board Chair Signature David H. Harden Date: Print Name E~~e Joe Weldon Date: Print Name 2004-2005 Agency Certification Document # 9142 Page 2 of 184 Date: .April 28, 2004 AGENDA REQUEST Request to he placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda Vtfhen: May 4, 2004 Description of Agenda Item (who, what, where, how much): Request approval to apply for funding fr~m Children's Services Council in the approximate amount of $283,471 for our Out of School Program which includes After School, Holiday/~ Spring Camps, One Day Camps and Summer Camp. ~D.epartment Head Signature: City Attorney Review/t~e~ommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~)/No Initials: Hold Until: Agenda Coordinator Review: Received: (if apphcable) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # c~ k'~ - REGULAR MEETING OF MAY 4. 2004 SERVICE AUTHORIZATION #10/HELLER-WEAVER AND SHEREMETA. ING APRIL 30, 2004 This is before the City Commission to approve Service Authorization #10 with Heller-Weaver and Sheremeta, Inc. in the mount of $15,720.00 for Lake Ida Area Water Main Improvement Topographic Survey Project. Funding is available from 442-5178-536-65.98 (Water/Sewer Renewal/Replacement/Lake Ida Area). Recommend approval of Service Authorization #10 with Heller-Weaver and Sheremeta, Inc. for Lake Ida Area Water Main Improvement Topographic Survey Project. S:\City Clerk\agenda memos \ServiccAuth.# 10.Heller-Weaver.05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. mydelraybeach.corn TO: THROUGH: DAVID T. HARDEN, CITY MANAGER /,~ ~//~ RANDAL KREJCAREK, P.E. CITY ENGINEER FROM: ELSA RISCO, ENGINEER SUBJECT: Project No. 2004-011 Lake Ida Area Water Main Upgrade Date: May 4th, 2004 Attached is the agenda item for Commission approval/authorization for the Mayor to execute the service authorization number 10 to HELLER- WEAVER AND SHEREMETA, INC. in the amount of $15,720.00. The survey of the above-mentioned project is for water main improvements in Lake Ida Area. Funding is available from account # 442-5178-536-65.98. Site maps have been enclosed for your use. If acceptable, please place this item on the May 4th, 2004 Commission meeting for Commission approval. Attachment cc: Randal Krejcarek, P.E. City Engineer Richard Hasko, P,E,, Director of Env. Svcs. Joseph Safford, Finance Director $:IEngAdminlProjectsl2OO4~2OO4-OIIlOFFIC1ALMGENDAMEMO. doc DATE: HELLER-WEAVER AND SHEREMETA, INC. CITY OFDELRAYBEACH CONSULTING SERVICEAUTHORIZATION SERVICE AUTHORIZATION NO. J 0 CITY P.O. NO. __ (CITY) TITLE: Lake Ida Area Water Main Up,qrade Project No. 2004-11 Topo~lrephic Survey FOR CONSULTING SERVICES HELLER-WEAVER AND SHER_E~META, INC. This Servica Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, Dated November 29, 2001, between the City of Delray Beach and Heller-Weaver and Sheremeta, Inc. Proiect Description This project consists of a Topography Survey of the NW 18th Street between Lake Ddve and NW 4th Avenue; NW 17th Street between Lake Drive and NW 2nd Avenue; NW 16th Street between NW 4th Avenue and NW 2nd Avenue; Lake Ddve between NW 17th and NW 18th Streets, and NW 4th Avenue between NW 15th and NW 18th Streets. Scope of Survey Services: The Consultant shall provide professional surveying servicas consisting of field boundary and topogra- phy survey. All existing improvements and above-ground utilities within the subject property shall be shown. Topography Survey within the limits as specified at variable intervals and at major ground elevation changes to depict existing ground profile and roadway improvements. See attached Exhibit "A' for a more defined scope. The above boundary and topographical survey data shall be prepared on AutoCAD format, Version (Release 2000), at a plan scale of 1'=20' horizontal. Separate layers for AutoCAD drawing informa- tion are to be established as directed by the City of Delray Beach. The CAD drawings will include all survey data collected in item No. 1, above. Sufficient data shall be shown on the CAD drawings so that the survey data can be recreated by the Contractor in the field. The legend of symbols for to- pographic features shall be consistent with previous work prepared for the City. The CAD drawings shall conform to the requirements of the City. See attached Exhibit "B" for a more defined scope. Submittal Materials HWS shall provide the City of Delray Beach four (4) prints of the drawings signed and sealed by a regis- tered land surveyor for record purpose at 1"=20' scale, and one (1) computer disk with survey and draw- ing information compatible with AutoCAD Version 14. Fee: The above-mentioned services will be provided for a lump sum fee of Fifteen Thousand Seven Hundred and Twenty Dollars and no/100 ($15,720.00), according to the following breakdown of disciplines of ser- vice: Lake Ida Area Water Main U~rade Project No. 2004-11 Topographic Survey Page Two Principal Project Manager Surveyor & Mapper Survey Crow Survey Technician CADD Technician 4 hours 8 hours 8 hours 88 hours 24 hours 80 hours $100.00 perhour ........... $ 400.00 $90.00 perhour ............. $ 720.00 $85.00 perhour ............. $ 680.00 $95.00 perhour ............. $ 8,360.00 $65.00 per hour ............. $ 1,560.00 $50.00 perhour ............. $ 4,000.00 Total ............................... $15,720.00 Completion Date Project will be completed within eight (8) weeks after the receipt of signed authorization to proceed. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the provious service authorization. If the City, in its sole discrotion, is unsatisfied with the services provided in the provious phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further not!ce to proceed. Approved by: CITY OF DELRAY BEACH Date: David Harden City Manager ATTEST Approved as to Legal Sufficiency and form CONSULTANT: HELLER-WEAVER AND SHEREMETA, iNC. Date: April~, ~3'4 ,. ~ Presl~n~ I ~ '~' .... STATE OF FLORIDA COUN~ OF PALM B~CH The following instrument was acknowledged beforo me this 6th day of April, 2004, by John D. Weaver, Prosident of Heller-Weaver and Sheremeta, Inc., a Flodda Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. SignatUre of Persot{ Taking Acknowledgement Signature of Acknowledger (Typed, printed or stamped) ~-~ Notary Public Slate al Florida[ * ~,~,.-" Commission # DD302713 CITY OF DELRAY BEACH, FLORIDA LAND SURVEYING SERVICES Exhibit A The City is proposing to upgrade water main improvements for the streets listed below: Street NW 18th Street NW 17th Street NW 16th Street Lake Drive NW 4th Avenue From Lake Drive Lake Drive NW 4th Avenue NW 17th Street NW 15th Street To NW 4th Avenue NW 2nd Avenue NW 2nd Avenue to Northern End NW 18th Street The survey should include the following: 1. Platted rights-of-way (include bearing and distances for centeriines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indi- cate direction of grade. 6. The survey shall include topography of the complete intemection, 50' beyond radius returns, at the terminal end of each street. 7. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established County and/or City Benchmark. FILE: CDB.EXHIBIT.A CITY OF DELRAY BEACH, FLORIDA LAND SURVEYING SERVICES Exhibit B BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION June 12, 2001 The primary use of survey drawings produced for the city Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap. The end product when completed by the Engineering Division is a design sheet of var- ied line weights that has existing features half tone and proposed features solid black. The layers provided in the Delray prototype drawing are to be used exclusively. All en- tities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uni- formly scaled. Each symbol should have been created on layer 0 (color 7) and in- serted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has at- tributes, such as a Softdesk POINT Block. This block consists of a point on layer 0 (color 7) and pradefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed until the engineering division provides standard blocks to use. Annotation of existing features on drawings shall be done using a leroy fontstyle cre- ated from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing fea- tures shall be labeled as "EXISTING", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN-WATER". LEROY TEMPLATE PLO'I-I'ED PLOTTED SIZE x PLOT SCALE = SCALED CITY OF DELRAY BEACH, FLORIDA LAND SURVEYING SERVICES HEIGHT SIZE L80 L 100 L120 L140 L175 L200 etc. SIZE 0.08" 0.10" 0.12" 0.14" 0.175" 0.20" @ 1"=20' this would be 1.6' high letters Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY. PCP file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Note: half tones are accomplished by modifying HPCON- FIG settings for pen numbers 8 through 14 to "SHADED @ 35%. Pen 15 should be set to "0%" thus making pen 15 a "no plot" pen. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. A Softdesk(LDD) point block is preferable and included on the standard files disk. (see page 2) There are a few main issues regarding drawing management and file transfers that re- quire compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on floppy disk or CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a floppy disk or CD. Use the wblock command to write a draw- ing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the CADD Manager to receive digital file copies of all prototypes and more infor- mation regarding standards. FILES ON DISK DESCRIPTION: COVERSHT. DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. A'I-I'DIA should be on. When plotting use a window or make a view from the block insertion point to the endpoint of the 'no-plot line" at the upper dght corner of the block. D E L RAY. DWG Start a NEW drawing by loading this prototype. This drawing file contains all the standard layers used by the city engineering divi- sion. See attachment for an explanation of the layer structure. CITY OF DELRAY BEACH, FLORIDA LAND SURVEYING SERVICES 2436STAN. DWG LEROY. DWG DIMARROW. DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. A'I-I'DIA should be on. When plotting use a window or make a view from the block inser- tion point to the endpoint of the 'no-plot line" at the upper right cor- ner of the block. Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. This DIMARROW is to be used in place of ANY Autodesk stan- dard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created' using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time with- out moving from their original insertion points. PLACEMENT OF LEADER LINES DELRAY. PCP POINT. DWG If applicable, this AutoCAD plotter control file is used for plotting on an HP650c, 1055cm, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRA¥.dwg prototype must be maintained if using this file for plotting. Standard Softdesk(LDD) point block. For those consultants not using Softdesk survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale faction equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. CITY OF DELRAY BEACH, FLORIDA LAND SURVEYING SERVICES ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre-CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc.., percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. 22ND 18TH ST, N.W, 14TH ST. 16TH N,W. ISTH ST. ST. I BONNIE HEATHER N.W 13TH ST, N,W. 12TH STREET N.E. 13TH ST. N.W. 12TH ST. N.E, 11TH ST. .AKE IDA AREA WATER MAIN UPGRADE I~ LOCATION MAP I L-~--~-~21~ 2oo4-m~ I 1 OF 1 Agenda Item No. ~'~ AGENDA REQUEST Request to be placed on: Date: April 20, 2004 X Regular Agenda Special Agenda Workshop Agenda When: May 4, 2004 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute service authorization number #10 to HELLER-VVEAVER AND SHEREMETA, INC. in the amount of $15,720.00 for Lake Ida Area Water Main Improvement Topo.qraphic Survey, Project 2004-011. The Service Authorization is subject to review and approval of the City Attorney. Total cost for this Service Authorization is $15,720.00. Funding is available from account # 442-5178-536-65.98 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval/authoriT_,at~n of Service Authorization # Department head signature ~~f -"~ ,~;~/ cl~-Z~- ~ Determination of Consistency with Comprehensive Plan: to City Attorney Review/Recommendation (if applicable): Budget Director Review (requ~ed on all items inv,o~J,vi~j~43~e~n~diture of funds): Funding available: Funding alternatives (if applicable) Account No. & Description 442-5178-536-65.98 for Lake Ida Area Water Main Upgrade Account Balance $ 287,000.00 City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: (~/NO~ Placed on Agenda: Action: Approved/Disapproved cc: S:\EngAdmin\Projects~2004~2004-01 l\OFFICIAL~agenda-05.04.03.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 4. 2004 SERVI(;E AUTHORIZATION #6/KIMLEY-HORN AND ASSOCIATES. INI~, APRIL 30, 2004 This is before the City Commission to approve Service Authorization #6 with Kimley-Hom and Associates, Inc. in the amount of $151,970.00 for professional engineering services related to the corridor study of U.S. 1 from S.E. 4~ Street to N.E. 4m Street. Funding is available from the Community Redevelopment Agency (CRA). The CRA Board approved Service Authorization #6 at thek April 22, 2004 Board Meeting. Recommend approval of Service Authorization #6 with Kimley-Hom and Associates, Inc. in the amount of $151,970.00 for professional engineering services related to the corridor study of U.S. from S.E. 4th Street to N.E. 4th Stxeet. S:\City Clerk\agenda memos\ServiceAuth. #6lGmley-Hom.0S.04.1g City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: www. MvDelravBeach. com David T. Harden Randal L. Krejcaek, P.E. 26 Apr 2004 US 1 Corridor Study - SE 4th St to NE 4th St Service Authorization with Kimley-Horn and Assoc. Project Number 2004-008 The attached agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #06 with Kimley-Horn and Associates, Inc. This service authorization is for professional engineering services related to the above referenced corridor. This study will include: data collection (parking, vehicular volumes, vehicular speeds, turning movements, crash data, and pedestrian volumes), presentation of this data via public information meeting (at which time the public will have an opportunity to provide input), development of several corridor cross section alternatives, a second public meeting to discuss alternatives based on public input, refinement of alternatives, finalizing preferred alternative (based on public input), meetings with FDOT to ensure preferred cross section is agreeable with FDOT, and a final meeting to present preferred alternative to the public. The amount of this service authorization is $151,970.00 and funding is provided by the CRA. The CRA Board approved this service authorization at their 22 Apr 2004 Board Meeting. A map is attached for your reference. Please place this item on the 04 May 2004 Agenda for consideration by City Commission. Thanks. enc cc: Richard C. Hasko, P.E. City Clerk Project File Agenda File S:~EngAdmin~Projects~2OO4~2OO4-OOS~OFFIClAL~04 may 2004 agenda memo. doc DE LRAY BEACH April 28, 2004 Richard Hasko Di~etor Environmental Services 434 S. Swinton Avenue Delray Beach FL 33444 RE: CRA Commitment of Funding for Federal Highway Corridor Study Dear Richard, This is to confirm that at the meeting of April 22, 2004, the CRA Board approved funding in the amount of $152,000 for the Federal Highway Corridor Study. The money is available in our current year's budget. If you have any questions, please let me know. Diane Colonna Executive Director 104 West Atlantic Avenue · Delmy Beach, Florida 33444 561-27643640 · Fax 561-27643558 CONSULTING SERVICE AUTHORIZATION DATE: April 8, 2004 SERVICE AUTHORIZATION NO. 6 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: US1 CORRIDOR STUDY AND CONCEPTUAL DESIGN - N.E. 4TM STREET TO S.E. 4TM STREET, PROJECT NO. 2004-008 I. PROJECT DESCRIPTION The City of Dekay Beach (City) adopted the Downtown Delray Beach Master Plan (Master Plan) on March 19, 2002. This master plan, prepared by the Treasure Coast Regional Planning Council, was the culmination of a significant effort by the City and its Community Redevelopment Agency (CRA) to parmer with the citizen's of Delray Beach to develop a vision for growth and unification. One oftbe key elements of the Master Plan is the reconfiguration of US1 between N.E. 4th Street and S.E. 4th Street. This service authorization addresses professional consulting services to perform the study of this corridor and prepare a conceptual design for any modifications that are deemed to be in the best interest of the City. Because the City and CRA understand the importance of educating the public on the issues and incorporating their concerns, a significant element of our services will be coordinating Public Involvement activities. Coordination with the Florida Department of Transportation (FDOT) also is essential to gain their continued support for any proposed modifications within the corridor. B. SCOPE OF SERVICES Kimley-Hom and Associates, Inc. (KHA) will meet with representatives from the City and the CRA to obtain information about the project area to facilitate development of a conceptual design of corridor enhancements that address the needs of all users of the corridor and all modes of transportation. These design concepts will be presented to the City/CRA for their approval to be used for presentation to the public. Concurrent with this assignment, KHA will compile data about parking, traffic volumes, accidents, existing intersection geometfics, pedestrian activity, etc., to develop a Mobility/Traffic Analysis which will be used to confmn lane configuration and intersection improvements to meet future design year traffic projections. Accident data will be compiled and analyzed with special emphasis on pedestrian-involved accidents. The proposed scope of services is organized into two major tasks: Data Collection and Transportation Mobility Analysis, and Engineering and Public Involvement. A detailed description of these tasks is included below. 1.0 DATA COLLECTION AND TRANSPORTATION MOBILITY ANALYSIS The following items summarize the proposed methodology and scope for traffic data collection that is necessary for development of the conceptual plans. Each of the components will consider the impacts of the existing and future land use 1 H:',044300004~Adm/nistration~Scope and Fee~2004-008 Scope rev408.do¢ 1.3 1.4 To address anticipated diversions of traffic to and from US 1 based on the proposed roadway modifications, traffic counts for the following adjacent roadways will be obtained from Palm Beach County: Swinton Avenue, south of N.E. 4th Street (Station #5806) Swinton Avenue, south of Atlantic Avenue (Station #5808) Atlantic Avenue, west of US 1 (Station #5817) Atlantic Avenue, east of US 1 (Station #5805) KHA will use pneumatic tube traffic counting equipment to collect volume and speed data at four additional locations that art deemed necessary to providing input into the conceptual design. The locations of the pneumatic traffic counting equipment will be identified as part of Task 1.3. Per the City' s request, each of these counts will have a seven-day duration. We will prepare a graphic describing the existing volumes and a summary of data collected during this task. Speed The existing cross-sectional design of US 1 is conducive for higher speed travel. Speeding problems have been identified as a key factor in support of a modified cross-section to encourage slower speeds and improve the roadway for pedestrian and bicycle usage. Furthermore, a controlled speed environment allows for better exposure of adjacent businesses that rely heavily on the capture of pass-by traffic. Existing speed data for both northbound and southbound US 1 will be quantified by the placement of pneumatic tube speed collection devices at select locations within the corridor. The speed counters utilized by KHA are able to classify the speed and specific type of vehicle (i.e. passenger car, single-unit truck, semi- trailer, etc.) that traverses the device. We will select two locations in each of the northbound and southbound directions of US 1 where speeding appears to be problematic. The data will be collated and summarized graphically to determine at which locations the existing 85th Percentile speeds are exceeding the posted speed limit. In addition, we will discuss with City staff specific locations such as areas with heavy pedestrian crossing where additional speed treatment could be warranted. Crash Data In order to evaluate the existing accident history through the US 1 corridor, KHA will obtain crash data for the prior three years from Palm Beach County accident records. Accidents involving vehicles, bicyclists, and pedestrians will be quantified. Crash data diagrams wilt be developed to help demonstrate locations that experience significant accident rates by type and the magnitude of preventable accidents at these locations. 3 H:\044300004\Aclministration\Scope and FeeX2004-008 Scope rev408.doc 1.5 1.6 1.7 1.8 Turning Movements In addition to the compilation of roadway traffic volumes, intersection turning movement counts will be acquired from Palm Beach County at the intersection of US 1 and Atlantic Avenue. We will obtain turning movement counts in the study area at the other signalized intersections, as well as major unsignalized intersections as identified by the City, during the traditional a.m. and p.m. peak periods. This scope of services includes turning movement counts at up to six intersections. These traffic counts will be summarized and the data used to identify potential geometric lane configuration modifications during development of the conceptual plans. Furthermore, signalization design plans will be obtained from Palm Beach County or FDOT for the signalized intersections along the US 1 corridor. Pedestrian Counts The key benefactor to a modification in the vehicular travel lanes on US1 is the pedestrian; less traffic, slower speeds, and a reduced crossing distance all result. Development of the conceptual design for US 1 will provide this pedestrian friendly environment through the entire corridor. To assist in determining specific intersection and mid-block locations where additional pedestrian treatment is desired, KHA will discuss with City staff areas of known high pedestrian crossings. Peak hour pedestrian crossing counts will be collected and summarized at up to four locations. In addition, pedestrian crossing timings at signalized intersections will be analyzed to determine the adequacy of such timings for safe and orderly pedestrian flow. Technical Memorandum Summarizing Data Collection Efforts At the conclusion of our data collection efforts we will prepare a technical memorandum summarizing our findings. The memorandum will include data summaries and graphics generated during our analyses of traffic volumes, speed, accidents, turning movements and pedestrian counts. Existing and Future Land Use Future traffic projections will be developed based on the future land use map along the US1 corridor. Since the US1 corridor is located within a Community Redevelopment Area, continued urban infill and redevelopment projects are envisioned in this area. Such projects will also have a significant impact upon all modes of travel in the corridor. In order to understand such land use changes, the existing and future land use map from the City of Delray Beach Comprehensive Plan will be reviewed to evaluate the expected changes in land use patterns. This information wilt be summarized for development of net new traffic generation impacting the US1 corridor for use in the Mobility Analysis. 4 H:\O4430001M~AdministrationXScope and FeeX,20lM-008 Scope rev408.doc 1.9 Transportation Mobility Analysis The Palm Beach County FSUTMS transportation model will be run utilizing the modified lane section to determine generalized changes in background traffic patterns resulting from the proposed modifications. Furthermore, additional traffic projections will be developed based on future land use changes as summarized in Task 1.8. To assist the City in presentation of an operational analysis of the projected traffic conditions, a SYNCHRO traffic simulation model will be developed utilizing the projected traffic volumes and geometric lane configurations as proposed by the preliminary conceptual plan., SYNCHRO will be employed to calculate arterial and intersection level of service based on the development of the future traffic volumes through the US 1 corridor and will be utilized to calculate measures of effectiveness. SYNCRHO is recommended because of its ability to calculate capacity (based on the Highway Capacity Manual), optimize cycle lengths, timing splits, and offsets, accurately model actuated and coordinated networks, and calculate intersection delay. An additional advantage of using SYNCHRO is that it can act as a preprocessor to other models such as TRANSYT-7F, CORSIM, and HCS. The mobility analysis based on the conceptual design as developed in Task 2.0 will be summarized in graphical form illustrating the standard measures of effectiveness, such as corridor travel time, average speed, queues, and average delay at each signalized intersection. Projected level of service for roadway links and intersections for future 2025 conditions through the US 1 corridor will be developed using the SYNCHRO analysis program. Up to two alternative SYNCHRO network configurations will be developed based on the geometric design concepts developed in Task 2.0. Generalized recommendations for signal phasing and timings will also be presented for these 2 alternatives for consideration of vehicular traffic as well as pedestrian crossing times. The simulation model will be integrated into an aerial map of the downtown area for display at the public information meetings identified in Task 2.0 to graphically demonstrate the envisioned changes for the US 1 corridor and impacts to local residential areas. 2.0 ENGINEERING AND PUBLIC INVOLVEMENT 2.! Planning Discussions The KHA project manager, senior traffic engineer, and senior landscape architect/urban planner will meet with City/CRA staff to review the data collected and the analysis conducted in Task 1.0 above. At this meeting the KHA team and City/CRA staff will discuss these results and determine how best to present the information to the public. Community demographics, trends, areas that effectively handle pedestrians as well as problematic pedestrian areas, traffic 5 H:\044300004~Administration~Scope and FeeL2004-008 Scope rev408.doc 2.2 2.3 2.4 concerns, type of landscaping, etc. also will be discussed. The intention of these discussions is to assist in development of an agenda for an initial public meeting and to reach agreement about the specific content and format of this public meeting. This task will include the initial public meeting, and the preparation of graphics to be presented at the meeting. The public meeting will have a 1.5-hour duration and will be held at a location to be designated by the City. Typical Section Alternatives Development The Palm Beach County Metropolitan Planning Organization (MPO) 2025 Long Range Transportation Plan shows the US 1 corridor reduced from three lanes in each direction to two lanes in each direction. KHA staff will develop up to four (4) typical sections that show a range of parking, sidewalk and landscaping options. These typical sections will be submitted to the City/CRA for review and approval. A meeting will then be held with City/CRA staff to discuss the advantages and disadvantages of each typical section. It is understood that new typical sections may result from this meeting. A final typical section package report will then be submitted to the City/CRA. It is our intention that the typical sections in this report will be authorized by the City/CRA and will be termed "Viable Typical Section Alternatives." After receiving comments and approval from the City/CRA, the Viable Typical Section Alternatives will then be submitted to FDOT to ensure that they are acceptable to FD©T. During the typical section development, KHA will also consider bicycle lanes adjacent to the outside lane. Conceptual Design Plans Utilizing the Viable Typical Section Alternatives, KHA will develop concept plans showing up to two alternatives on 1"=50' scale raster aerials. KHA will obtain the aerials for the study area. These concept plans will show proposed curb and gutter, roadway lanes, parking, sidewalks and landscape areas. These plans will be color-coded to help interpret the various concepts. KHA also will develop opinions of probable construction costs for each of the two alternatives. The Conceptual Plans and opinions of probable construction costs will be submitted to the City/CRA for their comments and approval. Potential Grants/Funding Opportunities KHA staff will prepare a list of potential grant and funding opportunities. This will include discussion with FDOT and other state and federal agencies. 6 H:\04430001MXAdministration',Scope and Fee~2004-008 Scope rev408.doc 2.5 2.6 2.7 2.8 2.9 Public Information Meeting No. 1 A public information meeting will be held at a location determined by the City/CRA. The meeting will be informal with kiosks set up at various locations around the room to present project-specific information such as: typical sections, concept plans, traffic and intersection improvements, grant/funding opportunities, bicycle lanes, pedestrian movement and development trends. It is understood that City/CRA staff may be needed as experts to assist in explaining some of the information presented. For the purposes of budgeting we have assumed that the informal "walk around" public meeting will have a 1.5-hour duration~ starting at 4:30 p.m. and ending at 6:00 p.m. Kimley-Horn staff will be present to assist the City/CRA staff in addressing questions from the public. Final Concept Plans Following the Public Information Meeting the KHA team and City/CRA staff will meet to discuss input obtained from the public. Appropriate refinements will be made to the typical section, concept plans, or other information provided. The conceptual plans will be presented in an 1 l"x17" color workbook. Five complete copies of the workbook and a CD containing the files ready for plotting will be submitted to the City. Public Information Meeting No. 2 A second public information meeting will be held to present the "Preferred" Typical Sections, "Preferred" Concept Plans and Mobility/Traffic Analysis. This meeting will have a 1.5-hour duration, starting at 4:30 p.m. and ending at 6:00 p.m. and will include a formal presentation. The public will be given a chance to give oral comments at a podium, or can give written comments. Presentation to City/CRA Officials KHA staff will assist City/CRA staff in presenting the.Preferred Typical Sections, Preferred Concept Plans and Mobility/Traffic Analysis. A summary of the public input obtained at the two public information meetings also will be provided. We hope to gain approval from the City/CRA to present the information to FDOT for their concurrence. Presentation to FDOT Provided that authorization is obtained from the City/CRA the project findings will be presented to FDOT for their concurrence. 7 H:\044300004~Administration~Scope and Fee~2004-008 Scope rev408.doc I. BUDGET Kimley-Hom will provide the basic services described in this scope of services for the lump sum amount of $151,970.00 as shown in the attached staff hour estimate. This fee includes $134,832.00 of labor and $17,138.00 of expenses. The lump sum amount does not include any allowance for Additional Services. II. COMPLETION DATE We anticipate that the services described above will be completed within six months of obtaining Commission approval of this Service Authorization. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. 8 H:\lM4300004XAdministrationXScope and Fee',2004-008 Scope rev408.doc Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency and Form KIMLEY-HORN AND ASSOCIATES, INC. Date (s al) ' / ~tness BEFORE ME, the for~going, o instrument, this day of J~_; ~ ,2004 ~wledgedby (a~'c,.C[~% L. on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and St~o.re~said this, 2004.~ dayof Notary Public .~ ~1._ Li~I M. H~ 9 H:'~044300004\AdministratioaXScope and Fee~2004-008 Scope rev408.doc Date: 26 Apr 2004 AGENDA ITEM NUMBER: q~-'~ AGENDA REQUEST Request to he placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 04 May 2004 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approval/authorization for Mayor to execute Service Authorization #06 with Kimley-Horn and Associates, Inc. This service authorization is for professional engineering services related the corridor study of US i from SE 4th Street to NE 4th Street. The amount of this service authorization is $151,970.00 and funding is provided by the CRA. The CRA Board approved this service authorization at their 22 Apr 2004 Board Meeting. Staff Recommendation: ~roval Department Head Signature:\~/~.~ ,~( ~~ !~Zo~ 0 ~/ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: YES (From CRA) Account Number /~ltot¢~ -fro ~ ?t~p ~j~tp.~r.-~' ]~ff C.F--~ Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~9~ / No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-008\OFFICIAL\04 may 2004 agenda request.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~-~ - REGULAR MEETING OF MAY 4. 2004 CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING & DRAINAGE. INC. DATE: APRIL 30, 2004 This is before the City Commission to approve Change Order No. 2 in the net deduct mount of $5,030.00 and final payment in the amount of $15,612.80 to Rosso Paving & Drainage, Inc. for the completion of the Shex~vood Park Traffic CaLming Project. Funding is available from 334-3162-541-65.60 (General Construction Fund/Traffic Calming). Recommend approval of Change Order No. 2 and final payment to Rosso Paving & Drainage, Inc. for the completion of the Sherwood Park Traffic Calming Project. S:\City Clerk\agenda memos\Final Payment. Rolo Paving & Drainage.05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID HARDEN, City Manager VICTOR MAJTENYI~ction Manager SHERWOOD PARK TRAFFIC CALMING, (P/N 2000-017) Agenda Request; Change Order #2/Final and Final Payment APRIL 26, 2004 www. mydelraybeach, com Attached for Commission approval is an agenda request for closeout Change Order #2/Final to Rosso Paving & Drainage, Inc. on the Sherwood Park Traffic Calming project, PN 2000-007. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order #2/Final is a net deduct in the amount of $5,030.00. A request is also made for final payment in the amount of $15,612.80. Change Order #1 was approved on October 22, 2003, in the amount of $13,508.00, for converting two Speed Tables to Speed Humps. Staff recommends the City Commission approve Change Order #2/Final in the amount of-$5,030.00 and final payment in the amount of $15,612.80 to Rosso Paving & Drainage, Inc. for the completion of the Sherwood Park Traffic Calming project. Residual funds to be liquidated from P.O. #611177, account 334-3162-541-65.60, General Construction Fund/Traffic Calming. A Contractor Evaluation is also attached. CC: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Bailestero; Dep. Dir. of Construction City Clerk's Office Agenda File 05/04/04 Project File 2000-017(A) S:~EngAdmin~Projects~2000~2000-017\CONSTRCT~Agd mere CO 2Fin 05.04.04.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final PROIECT NO. 2000-017 DATE: PROJECT TITLE: Sherwood Park Traffic Calming TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 3.4% TOTAL PER CENT INCREASE TO DATE 5.7% $ 147,560.00 $ 13,508.00 $ 161,068.00 $ (5,030.00) $ 156,038.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; 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. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source: 334-3162-541-65.60 (-5,030.00), General Construction Fund /Traffic Calming. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: Mayor City Attorney City Clerk S:~EngAdmin~Projccts~2000~2000-017~CONSTRCT~CO2Fin 05.04.04.doc ._c E 0 oo oo AGENDA REQUEST Agenda Item No. ';~ Request to be placed on: Date: April 26, 2004 --X--Regular Agenda Special Agenda Workshop Agenda When: Ma,/4, 2004 Description of item (who, what, where, how much): Approval of Change Order #2/Final in the deduct amount of $5,030.00 to Rosso Paving & Drainage, Inc., on the Sherwood Park Traffic Calming ProJect, PN 2000-017. It is for the final plus/minus quantity adjustments and miscellaneous changes to the original contract as itemized on the attached Exhibit A to Change Order #2/Final. In addition, approved final payment in the amount of $15,612.80. Residual funds to be liquidated from P.O.#611177 to account 334-3162-541-65.60, General Construction Fund/Traffic Calming. ORDINANCFJRESOLUTION REQUIRED: Not required. Recommendation: Staff recomJ3~:kds approval of Change Order #2/Final and Final Payment to Rosso Paving & Drainage, Inc. // Department head signature: /.~-~//~, ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (re~..~d on all items involving expenditure of funds): Funding available: E(~.~N O Funding alternatives (if applicable): see above Account No. & Description $~'- Account Balance ~) 5~.., t'D ~. ~e~uc~-g4~,b~ City Manager Review: Approved for agenda: /NO Hold Until: (-~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~roj¢cts~2000~2000-017~CONSTRCT~AgRcq CO2Fin 05.04.04.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COM2MISSIONERS CITY MANAGER ~ AGENDA ITEM # (~ ~'~ CHANGE ORDER NO. CONTRACTORS. INC. DATE: APRIL 30, 2004 - REGULAR MEETING OF MAY 4. 2004 1/FINAL PAYMENT/RPM GENERAL This is before the City Commission to approve Change Order No. 1 in the net deduct mount of $980.36, and final payment in the mount of $2,407.28 to RPM General Contractors, Inc. for completion of the Water Treatment Plant Control Room Modifications Project. Funding is available from 4-42-5178-536-62.10 (Water/Sewer Renewal & Replacement/Buildings). Recommend approval of Change Order No. 1 and final payment to RPM General Contractors, Inc. for completion of the Water Treatment Plant Control Room Modifications Project. S:\City Clerk\agenda rnemo~\Fina~ Payment. RPM General Contractor$.05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID HARDEN, C~ager VICTOR MAJTENYI, Construction Manager W.T.P. CONTROL ROOM MODIFICATIONS, (P/N 2002-045) Agenda Request; Change Order # 1/Final and Final Payment APRIL 26, 2004 www. mydelraybeach, com Attached is an Agenda Request for City Commission to approve closeout Change Order #1/Final, in the net deduct amount of $980.36, and final payment in the amount of $2,407.28 to RPM General Contractors, Inc. for completion of the Water Treatment Plant's Control Room Modifications project (PN 2002-045). All changes for the project are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order gl/Final in the deduct amount of-$980.36 and final payment in the amount of $2,407.28 to RPM General Contractors, Inc. for the completion of the Water Treatment Plant Control Room Modifications project. Residual funds to be liquidated from P.O.# 613468, account 442-5178-536-62.10, Water & Sewer Renewal and Replacement Fund/Buildings. A Contractor Evaluation is also attached. Richard Hasko; Director of ESD Dan Beatty; Dep. Dir. of Public Utilities Rafael Ballestero; Dep. Director of Construction City Clerk's Office Agenda File 05104/04 File 02-045(A) SSEngAdminXProjects~2002X2002-045\CONSTRCTXAgd mcra CO 1Fin 05.04.04.doc CHANGE NO. PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT l(Final) PROJECT NO. 02-045 DATE: Water Treatment Plant Control Room Modifications RPM General Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER 2.2 % TOTAL PER CENT DECREASE TO DATE 2.2 % $44,652.00 $o.oo $44,652.00 ($980.36) $43,671.64 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for trader benefit of competitive bidding. RPM General Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 442-5178-53642.10 (-$980.36). DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by i[~ City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: Mayor City Attorney City Clerk S:~EngAdmin~gojects~2002~2002-045\CONSTRCT~CO1 Final doc -05.04.04.doc Water Treatment Plant Control Room Modifications PIN 2002-045 Change Order Schedule A Contract To Date TEM ITEM RPM General Contractors RPM General Contractors NO. DESCRIPTION UNIT UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Control Room Interior Modifications LS $39,642.0( $39,642.0u 2* Contingency Allowance LS $5,000.00 $0.00 3 Indemnification LS $10.00 $10.00 Total Base Bid $44,652.00 $39,652.00 * Contingency Allowance 2.101 Ilnstall 2 additional parabolic light fixtures, iLSI so.oo ,g51.2o I relocate 4 fixtures, and rework ceiling grid in I ~ .]laboratoPJ. ~ J. ........................................................ [:~'~ ' ' ] ~ ~T~' ~ ~ ~)~ 's'h'~ ~ 'a'~l~ ~ ~ :' ........... 1[~----[ ............. 1 $0'00I I $137.61 Fz~--/~'°'~';;r':'r;~-u-~'~;~a~'~;'~':--/~'"']' .............. / ............... {~:~/ .............. T .................... l ]~oor. - .............. 1 ...... t .............. l .................... 1 .............. ~ .......... _~_~_,.~.~.~z.~. I /'lectrica' cabinet' / I J / ]. $2~64~ I ....... l ......................................... 1 ...... 1' .................................................................... :--' Total Contingency $0.00 $4,0~B.84 Total Contract $44,652.00 $43,671.64 Original Contract $44,652.00 Previous Chan~es $0.00 Contract Amount approved to date $44,652.00 Actual Contract to Date $43,671.64 Change Order #11Final ($980.36) PIN 2002-045 S:\EngAdmin\Projects~2002~002-045\BUDGET~RPM quantities.xls Print Date: 4/23/2004 Agenda Item No.(~--~ AGENDA REQUEST Date: April 26, 2004 Request to be placed on: X __ Regular Agenda Special Agenda __ Workshop Agenda When: May 4, 2004 Description of item (who, what, where, how much): Approve closeout Change Order #1/Final in the net deduct amount of $980.36, and final payment in the amount of $2,407.28 to RPM General Contractors, Inc. for completion of the Water Treatment Plant's Interior Modifications project (PN 2002- 045). All changes for the project are itemized on the attached Exhibit A to Change Order #1/Final. Residual funds to be liquidated from P.O.~613468 to account 442-5178-536-62.10, Water & Sewer Renewal and Replacement Fund/Buildings. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommepd~the City Commission approve Change Order #1/Final and Final Payment t° RPM Genera' C°ntract°r~' 71__/~7 .,~_ Department head signature: \ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving Funding ava,lable: ~.~/NO Funding alternatives (if appl~able): Account No. & Description Account Balance City Manager Review: (~/NO Approved for agenda: Hold Until: Agenda Coordinator Review: Received: expenditure of funds): See Above Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin'~Projects~002~002-045\CONSTRCT~gd req CO 1 Fin 05.04.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~- CHANGE ORDER NO. CONSTRUCTION-SOUTH. INC. - REGULAR MEETING OF MAY 4. 2004 1/FINAL PAYMENT/RANGER APRIL 30, 2004 This is before the City Commission to approve Change Order No. 1 in the net add amount of $8,440.25, and final payment in the amount of $21,329.75 to Ranger Construction-South, Inc. for completion of the 2003 Street Resurfacing Project. The change order consists of plus/minus as-built quantities, additional pavement markings, and the overhy of Dotterel Road, west of Lindell Boulevard. Funding is available from 334-3162-541.61.17 (Street Reconstruction). Recommend approval of Change Order No. 1 and final payment to Ranger Construction-South, Inc. for completion of the 2003 Street Resurfacing Project. S:\City Clerk\agenda mem~\Fimfl Payment. Banger Construction Sout1~05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID T. HARDEN, City Manager VICTOR MAJTEN ,3~Construction Manager 2003 STREET RESURFACING PROJECT (P/N 2003-023) Change Order #1, Final Payment April 27, 2004 www. mydelraybeach, com Attached for Commission approval is an agenda request for Change Order gl/Final, to Ranger Construction-South in the amount $8,440.25 and fmal payment of $21,329.75 on the above referenced Project. The change order consists of plus/minus as-built quantities, additional pavement markings, and includes the overlay of Dotterel, west of Lindell Blvd. Staff recommends City Commission approve Change Order gl/Final in the amount of $8,440.25 and final payment in the amount of $21,329.75 to Ranger Construction-South for the completion of the 2003 Street Resurfaeing project. Funding is available from account 334-3162-541-61.17, General Construction Fund/Street Reconstruction. cc: Richard Hasko; Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero, Dep. Dir. of Construction City Clerks Office Agenda File, 05/04/04 File 2003-023 (A) $:lEngAdrninlProjects1200312003-O231CONSTRC~3agenda memo 05.04.04. doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final PROJECT NO. 2003-023 DATE: PROJECT TITLE: 2003 Street Resurfaeing Project TO CONTRACTOR: Ranger Construction - South YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Contract adjustment for plus/minus as-built quantities as shown in "Schedule A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 10.7% TOTAL PER CENT INCREASE TO DATE 10.7% $ 78,835.50 $. 0.00 $ 78,835.50 $ 8,440.25 $ 87,275.75 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; 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. Ranger Construction - South (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Fundin.q: 334-3162-,541-61.17 ($8,440.25), 2003 Street Reconstruction DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City ARomey By: Mayor ATTEST: By: City Clerk S:~EngAdmin~Projects~2003~2003-023\CONSTRCT~CO1 final 05.04.04.doc 0 AGENDA REQUEST Agenda Item No.:~t,-- Request to be placed on: DATE: April 27, 2004 Regular Agenda Special Agenda Workshop Agenda When: May 4, 2004 Description of item (who, what, where, how much): Change Order #1/Final in the net add amount of $8,440.25 to Ranger Construction-South for final plus/minus as-built quantities for the completion of the 2003 Street Resurfacing project, PIN #2003-023. In addition, final payment in the amount of $21,329.75 to Ranger Construction- South. Funding is available from account 334-3162-541-61.17, General Construction Fund/Street Reconstruction. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: S_.~...recommends approval of Change Order #1/Final and final payment to Ranger Construction-South .fdt the~ompletion of the 2003 Street Resurfacing project, PIN 2003-023. Department Head ( ~'/~"/'~ _~-~ //~/ . Signature: ~~k.- ~.~..W ~r..~ z-~/Z~/O ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~0 Funding alternative'&'"- (if applicable) Account No. & Description See above Account Balance See above City Manager Review: Approved for agenda:/~NO ~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~Projects~2003~2003-023\CONSTRCT~agenda req 05.04.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 4. 2004 TRANSPORTATION ENHANCEMENT GRANT APPLICATION APRIL 30, 2004 This item is before the City Commission requesting approval and authorization for the Mayor to execute the 2004 Transportation Enhancement Grant Application in the mount of $500,000.00 for the construction of bicycle lanes on Homewood Boulevard from Lowson Boulevard to Atlantic Avenue. The project is for the construction of approximately 4,400 lineal feet of bicycle hnes on Homewood Boulevard. The total project cost is estimated at $663,000.00 and the maximum grant amount is $500,000.00. Funding will be available in FY 2009-2010. Recommend approval for the Mayor to execute the 2004 Transportation Enhancement Grant Application. S:\City Clerk\agenda memos\TEA Grant.05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. MvDelrayBeach. com TO: FROM: David T. Harden Randal L. Krejcaek, P.E. DATE: 28Apr 2004 SUBJECT: Year 2004 Transportation Enhancement Application Cycle FY 2009-2010 Funding Homewood Blvd Bicycle Lanes Project # 2004-049 Commission Agenda Item The attached agenda item is for Commission approval/authorization for Mayor to sign an application for Year 2004 Transportation Enhancement Application for funding that will be available in FY 2009-2010. The project submitted with this application is for the construction of approximate 4,400 lineal feet of bicycle lanes on Homewood Blvd from Lowson Blvd to Atlantic Ave. The total project cost is estimated to be $663,000.00 and the maximum grant amount is $500,000.00. This application is for the full award amount. This potential project will be included in the City's FY 2009-2010 CIP. A map is attached for your reference. Please place this item on the 04 May 2004 Agenda for consideration by City Commission. Thanks. enc cc: Richard C. Hasko, P.E. City Clerk Agenda File S:~EngAdmin~Projects~OO4~2004-O49tOFFIClALt04 may 2004 agenda memo.doc LOWSON BOULEVARD LIN TON BOULEVARD (~ CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP HOMEWO00 BLVD FROM A11_ANllC AVE TO L0WSON BLVD 2004-049 1 of 1 2/2003 Page: 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SAMPLE APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS DRAF T Project Title: Homewood BIvd Bicycle Lanes - Lowson Blvd to Atlantic Avenue Project Sponsor (municipal, county, state, or federal agency, or tribal council): City of Delray Beach Contact Randal L. Kreicarek, P.E. Title City En.qineer Address 434 South Swinton Avenue, Delray Beach, FL 33434 Phone 561-243-7322 FAX 561-243-7314 Priority (relative to other applications submitted by the Project Sponsor). #1 Priority Name of Applicant (If other than Project Sponsor): 1. Qualifying Enhancement Activities: Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for that activity in Appendix A of FDOT Procedure #525-030-300, Transportation Enhancement Projects). X Provision of facilities for pedestrians and bicycles The provision of safety and educational activities for pedestrian and bicyclists Acquisition of scenic easements and scenic or historic sites Scenic or historic highway programs, (including the provision of tourist and welcome center facilities) Landscaping and other scenic beautification Historic preservation Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails) Control and removal of outdoor advertising Archaeological planning and research Environmental mitigation to address water pollution due to highway runoff or reduce vehicle- caused wildlife mortality while maintaining habitat connectivity Establishment of transportation museums S:~EngAdmin~Projectst2004~2004-O49V-ETTERSt2009-2010 project applicationOl.doc 2J2003 Page: 2 of 2 2. Project Description: Use additional sheets as necessary to respond to the following: (a) What type of work is being proposed? (Check all that apply) Planning Activities Project Development and Environmental Studies X Engineering and Final Plans Preparation Work Right of Way Acquisition X Construction X (b) Construction Engineering and Inspection Activities Describe how the proposed project is related to the intermodal transportation system by either function, proximity or impact. (One or more may apply). This project provides continuous bicycle lanes on Homewood Blvd from Lowson Blvd to Atlantic Ave. Atlantic Avenue currently has bicycle lanes between Homewood Blvd and the new High School. This project would extend these existing bicycle lanes to allow those students within a two mile radius of the new school a safe means of traveling to and from school. (c) (d) Where is the project located (and what are the termini, if appropriate)? Include location map. This project is located on Homewood Blvd between Lowson Blvd to Atlantic Avenue. See attached map. Summarize any special characteristics of project. Provide typical section drawings for appropriate projects. See attached Exhibit A. (e) Describe the project's existing right of way ownerships. This description shall identify when the right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys). This project will be constructed within exiting city owned rights-of-way. The right-of-way on Homewood B/vd is 80 feet, which will provide enough room to add the bicycle lanes. Describe any proposed right of way acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. None (g) Describe any related project work phases that are already complete or currently underway. None (h) Other specific project information that should be considered. None S:~EngAdmin~Projects~2004~2004-O49V-ETTERSt2009-2010 project applicationOl.doc 2/2OO3 Page: 3 of 3 3. Project Implementation Information: Attach documentation as exhibits to this application. (a) Describe the proposed method of performing (i.e. contract or in-house) and administering (i.e. local or state) each work phase of the project. If it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department's Local Agency Program Manual (topic no. 525-010-300). This project will be designed utilizing a consultant qualified to design to FDO T standards. The City is currently pre-qualified to oversee FDO T design projects on a project-by-project basis. Construction contract will be bid and construction administration will be handled by the City. The City is pro-qualified to administer FDO T construction contracts. (b) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). The City Commission provided approval and authorization for the Mayor to sign this application at the 04 May 2004 City Commission Meeting. City matching funding will be provided in the appropriate year through the City's Capital Improvement Program. (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. This project will be owned and maintained by the City. (d) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via the City's Capital Improvement Program. (e) Other specific implementation information that should be considered. ~on DRAm' 4. Project Cost: What is the total estimated cost of the work requested to be funded as an enhancement project through this application? Planning Activities. $. 0.00 Project Development and Environmental Studies. $. 0.00 Engineering and Final Plans Preparation Work. $ 85,000.00 Right of Way Acquisition. $ 0.00 Construction. $ 550,000.00 Construction Engineering and Inspection Activities. $ 28,000.00 Other. (Describe) $ 0.00 TOTAL: $ 663,000.00 S:~EngAdmin~Projects~2004~2004-O49~LETTERSt2009-2010 project applicationO1.doc How will the project be funded? FDOT Enhancement Funds $500,000 + Local $163,000 = Total $663,000 FDOT Enhancement Funds 75 % + Local 25 % = 100% 2/2003 Page: 4 of 4 CERTIFICATION OF PROJECT SPONSOR I hereby certify that the proposed project herein described is supported by the City of Delray Beach (municipal, county, state or federal agency, or tribal council) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, and (4) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that significant increases in these costs could cause the project to be removed from the Florida Department cf Transportation work program. Mayor Title Date Application Complete Project Eligible Implementation Feasible Include in Work Program YES NO S:~EngAdmin~Projects~2004~2004-O49~LETTERS~2009-2010 project appficationOl.doc Date: 28 Apr 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda When: 04 May 2004 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approval/authorization for Mayor to sign application for Transportation Enhancement Application for funding that will be available in FY 2009-2010. The project to be submitted is the construction of bicycle lanes on Homewood Blvd from Lowson Blvd. to Atlantic Ave. The total project cost is $663,000.00. The maximum grant amount is $500,000.00. Staff Recommendation: Approval. ~ Department Head S~gnature:' ~~~.~~ ~l...'?~07 City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda:~>/No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-049\OFFICIAL\04 may 2004 agenda request.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 4. 2004 RESOLUTION NO. 35-04 (REOUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS PROGRAM) DATE: APRIL 30, 2004 Each year the County Emergency Medical Services Grants Program makes funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment or services, which are not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. For FY 2004/2005, we wish to purchase an Advanced life Support Equipment Upgrade Package for an additional Engine Company at a cost of $25,649.81. Recommend approval of Resolution No. 35-04 requesting funds from the Palm Beach County Emergency Medical Serv/ces Grants Program. S:\City Clerk\agenda memos \Res.3S-04.EMSGrants.054)4-04 FIRE-RESCUE DEPARTMENT DELRAY BEAEH Ali-America Ci~ 1993 MEMORANDUM 2001 TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Kerry B. Koen, Fire Chief Robert B. Moreland, Division Chief- EMS April 22, 2004 Information Requested for Inclusion in Resolution _AND BEACH Delray Beach Fire-Rescue will be applying for an annual, non-matching grant from Palm Beach County, Department of Emergency Medical Services for an ALS upgrade package for one of our current BLS Engine companies. The equipment in the package will include one (1) Zoll M Series Defibrillator Monitor with Extreme case; One (1) NovaMetdx Tidal Wave Capnography / Oximeter; one (1) MTP Miniature Infusion Pump 1001 with case; and one (1) Auto Vent 3000 2.0 patient ventilator. The total cost that will be requested for the project is: $ 25,649.81 In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulfstream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached, and I request that this item be placed on the next regular City Commission agenda as a consent item. Attachments: 1 FIRE RESCUE DEPARTMENf HEADQUARTERS-501 VVESTATLANTICAVENUE- DELRAY BEACH FLORIDA 33444 [561) 243-7400. FAX (5 !6) 243 7461 RESOLUTION NO. ,...~-(~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2004/2005. WHEREAS, the Delray Beach Fire-Rescue Department represents the emergency medical services interests of the City of DeLray Beach; and WHEREAS, the Delray Beach Fire-Rescue Depa~,~ent is requesting funding for FY 2004/2005 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of an Advanced Life Support Equipment Upgrade Package for an additional Engine Company. WHEREAS, the City of Delray Beach Fire-Rescue Depmm~ent is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Ddray Beach and the entire Fire-Rescue service area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the __ day of May, 2004. ATTEST: MAYOR City Clerk Date: 4/26/04 AGENDA ITEM NUMBER: Request to be placed on: ~. Consent Agenda When: 5/4/2004 AGENDA REQUEST Regular Agenda Description of agenda item (who, what, where, how much): __ Workshop Agenda . __ Special Agenda Recommend approval of the attached Resolution in order for the Delray Beach Fire Rescue Department to apply for a non-matching grant from the Palm Beach County Department of Emergency Medical Services. This grant will provide an ALS upgrade package for one of our BLS Engine Companies. The total grant request will be in the mount of $25,649.81. Department Head /r~,~.~'~ ( Signature: ~ ~' City Attorney Review/Recommendation (if applicable): Reviewed/Acceptable Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number DescriPtion Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda~/ Hold Until: Agenda Coordinator Review: Received: Yes / No Initials: N/A No Initials: (if applicable) MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford,Xl~tmce Director DATE: April 29, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 04, 2004 - PAYMENT TO ALLIED CHARTER & TOURS INC. FOR SHUTTLE BUS SERVICE FOR THE DAVIS CUP EVENT AT THE DELRAY BEACH TENNIS STADILrM Item Before Commission: City Commission is requested to approve the payment to Allied Charter and Tours Inc. for the shuttle bus service for the Davis Cup Event held at the Delray Beach Tennis Stadium from April 04, 2004 to April 11, 2004 for a total amount of $16,957.50 Background: These services were required for the employees and fans for shuttle service from parking area and the Delray Beach Tennis Stadium. Verbal quotes were received by Mr. Dubin of Delray Beach Tennis Center C/O JDC Sports Group from three vendors as follows for a per hour / passenger coach: Coach USA Quality Transportation Service Allied Charter & Tours Inc. $65.00 per hour $62.50 per hour $52.50 per hour Allied Charter & Tours was awarded the contract based on pricing received per attached copy of requisition #111220. Attached is a copy of the agreement from Allied Charter & Tours approved by Mr. Dubin April 04, 2004 and Invoice #2725148 dated 04/12/04. Recommendation: Staff recommends approval for the payment to Allied Charter & Tours Inc. for the shuttle bus service for the Davis Cup Event held at the Delray Beach Tennis Station for the total amount of $16,957.50. Funding from account code 001-4210-575-55.44 - Tennis Operations, Tennis Stadium, Other Events. Attachments: ~°°° Z 0 facsimile transmittal Jackie Rooney Fax: 561 ~243~7166 Joan Witty~- Date: 4/23/2004 Re: Requisition #111220 Pages: 4 CC: DELRAY BEACH GOLF CLUB ................... AItI[D P. HART[R & TOUR~ P.O. BOX 120175 FT. LAUDERDALE, FLORIDA 3331~0003 (954) 792 - 4323 (954) 792 - 4981 (FAX) GROUP CHARTER CONTRACT This agr~meut in made by and between Allied Charier & Tou~ Inc. and MR. DUBIN OF DELRAY BEACH TFANNIS cENTER CIO JCl) SPORTS GROUP wber~, Allied Charter & Tours Inc. (A Florida Corporation) has agreed to provide transportation ~lndena as outlined below and The Cft,j Of Delrny Beach as aRreed to compensate Allied Charter for ,ervtees rendered ns outlined wlth;n. NAME GROUP: Delray Beach Tennis Career (JCD Spor~ Group) CONTACT: Mr. Dubln ADDRESS: 1300 ParkOfCommerce Suite #272 PHONE: (561) 265 0255 CITY: Delray Beach STATE: Fl. ZIP: 33445 FAX: (561) 265 - 2752 DESCRIPTION OF SERVICE: SHLrFTLE SERVICE FROM PARKING AREA TO AND FROM STADIUM DATES AND TIMES OF SERVICES: APRIL 9TM, 2004 7 Horn's Minlmm'n APRIL 10TM, 2004 7 Horn's Minimum APRIL 11TM, 2004 7 Hours Minianmn BUS SIZE AND QUANTITY: 15(49) Passenger Coach~s RATE: $S2.50 Per Hour Per Coach PAYMENT: PAYMF~H' I5 DUE 14 DAYS AFTER SUBMFI'AL OF INVOICE TO THE CITY OF DELR~Y BEACH No~e: Tber~ must be a minimum of a~wn(T) hours usuage p~r enaeh each day CANCELLATION CLAUSE: Cancellation must be made within 72 hourS of sm~4ee. If cancellation is made within less than 72 hours of s~rvit-~, a minimum of six(6) bourn will I~ billed to the City OfDelray l~ach for the bus or bu~s cancelled. ALLIED CHARTER & TOURS INC. Authorized Signature; CLIENT ~ ~,~.~ Authorized Signature: ~ '~ .~ - ' ALLIED I~ttARTER & TOURg P.O. BOX '120175 FT. LAUDERDAL£, FL 333'12 Invoice Bill To CT~Y OF Dg. RA¥ BUB SI~ & l[~t Qu.r~ity R~te Amount 49 COACH 49 COACH 49 COACH 49 COACH ]05 lt's b~cn a pkautc wo~r.U~ w~. yout 5.512 50 42O O0 $,S}2 50 Total $16,95750 Payments/Credits se.no AGENDAITEMNUMBER: <;~O AGENDA REQUEST Request to be placed on: May 04, 2004 Date: April 29, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Payment to Allied Charter Tours Inc. for shuttle bus service for employees and fans for the Davis Cup Event held at the Delray Beach Tennis Stadium from April 04, 2004 to April 11, 2004 for the total amount of $16,957.50. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Payment to Allied Charter Tours Inc. for shuttle bus service for the employees and fans for the Davis Cup Event for a total amount of $16,957.50. Funding from account code 001-4210-575-55.44 (Tennis Operations, Tennis Stadium, Other Events) Department Head Signature: ~/.// , ~.~ ~~. Determination of Consistency with ~-omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items in~v~lving expenditure of funds): Funding available: Yes///~-z42 No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Memo To.' Mr. David Harden, Delray Beach City Manager ~ . From: Sharon L Herrou, Weed & Seed Program Uanager~'~:~ cc: Robert Musco, Captain, Delray Beach Police Department David Junghans, Director of Administrative Services, Delray Beach P.D. John Palermo, Lieutenant, Commander, West Atlantic Avenue Task Fome Date: April 26, 2004 Re: Weed & Seed Site Evaluation" Weed & Seed sites are required by the Executive Office of Weed & Seed (EOWS)/Department of Justice to conduct a third-party site evaluation prior to applying for renewal of our Weed & Seed designation. The time-line for this renewal has been moved up Eom our anticipated renewal date, fall of 2005 to the fall of 2004. Therefore, research has been conducted over the past several months to locate a suitable vendor to conduct the required evaluation at a reasonable price. Included in this packet you will find: One contract between Weed & Seed and the Treasure Coast Health Council (TCHC) to conduct a site evaluation (already reviewed and approved by the Police Department's Legal Advisor) Memorandums of Understanding (MOUs) between Weed & Seed and the Delray Beach Housing Authority and the TED Center, agreeing to provide a total of $3,000 in funding support for said evaluation Table summarizing proposals received, pricing, qualifications, and time-line · Copies of proposals obtained by other potential vendors The local governing body, the Delray Beach Weed & Seed Neighborhood Advisory Board, has allocated the required $13,000 for this expense according to all applicable Department of Justice standards. Additional funding support in the amount of $3,000 has been obtained through the Delray Beach Economic Sufficiency Task Force (documentation provided through copies of MOUs). Please advise if I should place this contract on the City Commission agenda or if your signature is sufficient to endorse it as Weed & Seed's net commitment is only $13,000 of the $16,000 contractual amount. Thank you. AGREEMENT BETWEEN TREASURE COAST HEALTH COUNCIL, INC. AND THE CITY OF DELRAY BEACH This Agreement, effective as of April 15, 2004, by and between Treasure Coast Health Council, Inc., hereinafter referred to as "Council", a Florida not-for-profit corporation, and the City of Delray Beach, hereinafter referred to as "City", for the purpose of conducting an evaluation study of the Delray Beach Weed and Seed initiative. WITNESSETH: WHEREAS, the Council submitted a proposal to conduct an evaluation study of the Weed and Seed initiative operating in the City of Delray Beach, Florida; and WHEREAS, the Council is qualified and willing to provide suitable professional and technical services to the Weed and Seed initiative; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. Term. The term of this Agreement shall commence on the 15th day of April 2004, subject to the availability of grant funds, and shall continue through and include August 31, 2004. The term of this Agreement may be extended in writing by the parties. Section 2. Scope of Services. The Council hereby agrees to provide an evaluation that shall include process and outcome indicators for each program component of the Weed and Seed Initiative in the City. The Scope of Service in Exhibit "A" outlines the specific deliverables. A. The process evaluation shall focus on the manner and degree to which strategies identified in the application have been implemented, and based on qualitative information gathered during 1) reviews of site and program reports as well as other written documentation relating to strategy implementation; and 2) structured interviews with key informants; and 3) surveys. B. The outcome evaluation shall seek to identify, based primarily on quantitative indicators of program effectiveness, changes in patterns of criminal activity, law enforcement practices, and residents' perceptions of safety and welfare. The indicators will be selected depending on the availability of baseline and current data and discussions with the Weed & Seed Program Coordinator. C. The Weed & Seed Program coordinator shall provide evaluators with 1) requested crime and criminal justice data format for the site 2) assistance identifying and accessing key informants; and 4) copies of site and program reports as well as other written documentation relating to strategy implementation in Microsoft Word and Excel format. In addition, the Weed & Seed Program Coordinator shall provide the Council with copies of any instruments used to collect data prior to the programs' implementation and the results which were obtained, if available. D. The Council and the Weed and Seed Program Coordinator shall collaboratively develop and use uniform survey instruments to gather data for the evaluation study. The Council will analyze the results, including comparisons to similar state and national data prepared by the program coordinator. E. All statistical, numeric, narrative, and data provided to the evaluators shall be in Microsoft Office (i.e. Excel and Word) format and an analysis of said data will be provided by the Council in the final report. F. The evaluation study shall result in the development of a written report covering the calendar years 2001,2002, and 2003. The report will include discussion of the progress that has been made in addressing community needs previously identified in the program's goals, objectives, and needs assessment; and will identify any new problems which emerge as a result of the evaluation process as well as appropriate recommendations for program adjustments and/or solutions. G. The Council will provide the original and ten copies of the final report and provide a presentation to the Weed and Seed Steering Committee. Section 3. Compliance with Federal and State Regulations. The Council agrees to comply with all applicable federal and state regulations. Section 4. Retention of Records. The Council agrees to retain all records including financial records, supporting documentation, statistical records, and an any other documents (including electronic storage media) pertinent t to this Agreement for a period of five (5) years after termination of this Agreements, or if an audit has been initiated and audit finding have not been resolved at the end of five years, the records shall be retained until such resolution of the audit findings. Section 5. Compensation. Compensation will consist of a set fee of $16,000 to be paid as outlined below to the Council by Weed & Seed. The payment shall be made according to the following schedule: Payment Schedule Signing of the Contract April 15, 2004 25 percent $4,000.00 Completion of April and May activitiesJune 1,2004 25 percent $4,000.00 Completion of June and July activitiesAugust 1,2004 25 percent $4,000.00 Completion of August activities; Submission of the final report September 1,2004 25 percent $4,000.00 Total 100 percent $16,000.00 Invoices shall be submitted to: Weed & Seed/City of Delray Beach Attn: Sharon L'Herrou 625 Auburn Circle West Delray Beach, FL. 33444 Section 7, Modification. This Agreement may be modified at any time by mutual written agreement of the parties, duly executed by their authorized representatives. Page 2 of 8 Section 8. Assignment. This Agreement may not be assigned by either party without the mutual written permission of the other party. Section 9. Independent Contractor. In the performance of this Agreement, Council will be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venturer, or associate of the City of Delray Beach. Section 10. Termination. Either party may terminate this Agreement with or without cause upon providing the other party with a minimum of 30 (thirty) days prior written notice of its intent to terminate. This Agreement may be terminated by either party for breach by the other party of the terms contained herein, provided the breaching party has not cured the breach within 30 (thirty) days of receipt of written notice by the nonbreaching party. Said notice shall be delivered by certified mail return receipt requested or in person with proof of delivery. All payments are contingent upon the release of funds from the Department of Justice, Executive Office Of Weed & Seed. Section 11. Waiver of Breach. The failure on the part of either party to this Agreement to enforce any material provision of the Agreement on any occasion shall not constitute a waiver of a right to enforce any and all material provisions of this Agreement should subsequent contract breaches occur. Section 12. Applicable Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. The parties agree that Palm Beach County, Florida, shall be the venue for any action at law to enforce this Agreement regardless where a breach may occur. In connection with any litigation or conflict resolution arising out of this Agreement, each party will be responsible for its own costs incurred, including attorneys' fees unless ordered by the court to provide the prevailing party's attorney's fees. Section 13. Notices. Except as otherwise provided herein, any notice, acceptance, request, or approval from either party to the other party shall be in writing and sent by certified mail, return receipt requested, and shall be deemed to have been received when postmarked by the United States Post Office plus five days, or personally delivered with signed proof of delivery. For purposes of this Agreement, Council's representative is: Barbara Jacobowitz, Executive Director Treasure Coast Health Council, Inc. 4152 W. Blue Heron Blvd., Suite 229 Riviera Beach, FL 33404 For purposes of this Agreement, the City of Delray Beach' representative is: Sharon L'Herrou, Program Coordinator Delray Beach Weed & Seed 625 Auburn Circle West Delray Beach, FL 33444 (561) 266-0266 Page 3 of 8 In the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Agreement. Section 14. Headin,qs. The headings set forth are for the purposes of convenience only and shall have no bearing whatsoever on the content of this agreement. Section 15. Binding Effect. This Agreement is not binding on the parties until it has been executed by the duly authorized representative of Treasure Coast Health Council, Inc. and the City of Delray Beach. Section 16. Terms and Conditions Complete. The terms set forth in this Agreement constitute all the terms and conditions agreed upon by the parties hereto, and no other terms or conditions in the future shall be valid and binding on any party unless reduced to writing and executed by both parties. Section 17. Hold Harmless and Indemnification Clause. The Treasure Coast Health Council hereby agrees to promise to indemnify and hold harmless the City of Delray Beach 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. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their signatures to be effective for the uses and purposes therein expressed on the day and year first above-written. Treasure Coast Health Council. Inc. B -Barbara J~vitz, '/~at~ Executiveff3irector Treasure Coast Health Council City of Delray Beach By: David Harden Date City Manager A~~orm: , ~.~ /) -- ~ty Attorn--ey//' / .~Date / / DelrayE~h / ,,/ - Page 4 of 8 Exhibit A: Overview of Evaluation Model The evaluation study will consist of two main sections as follows: · An Outcome Evaluation which will examine specific and quantifiable indicators of change (program outcomes) in the targeted area and · A Process Evaluation which will assess the means used to achieve the goals and objectives. The outcome evaluation is intended to measure the direction and magnitude of change in selected indicators dudng the project pedod. The process evaluation is intended to describe the methods and course of program implementation. The process evaluation report will identify achievements, obstacles, and adjustments to planned activities. A review of each program component and the program's management, which will include a review of financial reports, will complete the outcome and process evaluation. Outcome Evaluation The goal of the Federal Weed and Seed Strategy is to restore order to targeted neighborhoods and to provide opportunities for residents to live, work, and raise a family in a safe environment. The objectives of the Federal Weed and Seed Strategy are reflected in the four program components: 1) to control violent and drug-related crime; 2) to enhance public safety and security; 3) to create a healthy and supportive environment; and 4) to revitalize the neighborhood. The four components have been designed to meet the goal and objectives of the Federal Weed and Seed Strategy. Consequently, the outcome evaluation focuses on quantitative indicators of program effectiveness. The preliminary selection of indicators that should be examined is presented in the table on the next page. These indicators will be discussed with the Coordinator prior to being finalized. Final inclusion of these outcome indicators in the evaluation report is also dependent on the availability of data. When data are not available, the evaluators will seek to identify an alternative indicator of program effectiveness. Any evaluation of program outcomes is subject to limitations of methodology and interpretation. In this study, an effort will be made to determine if changes have occurred in the patterns of criminal activity, the practices of law enfomement, and the residents' perceptions of safety and welfare. By measuring these indicators before and after program implementation, observed changes will be assumed to be related to the program interventions. The evaluators will also attempt to identify any significant environmental influences (other than intentional programmatic inputs) that may be impacting the indicators. Please see the table on the following page for a summary of the evaluation questions, outcome indicators, and data sources to be used in this study. Page 5 of 8 = > ~ .~ ~ ~.- ~ o boo ~= E ~ ~ ~ E ~ ~ ~ E~ ~ ~ Z ~,- Z ~ ~ Z ~ ~ ~ Z ~ ~ ~ Z Z ~ ~ · ~ ~ o .~ .~ ~ ~ E ~ ~ ~ ~ > ~ - c ~8 ~ 8 m E .~ ~ > ~ o~ E .- >o~ : - S ~ '~ ~ ~ o ~ ~ - ~ ~ : o o In order to conduct the community survey and analyze the survey data in the most cost- effective manner possible, the Council and the Weed and Seed Coordinator will collaboratively develop a concise and user-friendly survey which can be administered by the evaluators with logistical support and facilitation by the Weed and Seed Coordinator. Respondents will be selected to ensure a representative sample of residents in the target area. Responses from a minimum of one hundred residents will be collected and analyzed. Process Evaluation The process evaluation will be based on qualitative information and will focus on the manner and degree to which the strategies identified in the application have been implemented. The strategies identified in the four program components will be used to guide the process evaluation. The following questions will be answered: 1. Which strategies identified in the application have been implemented? To what extent? What obstacles were experienced during implementation? How were they overcome? 2. Which strategies identified in the application were not implemented? What prevented their implementation? 3. Which strategies other than those identified in the application have been implemented? How were these additional strategies chosen? How were these coordinated with planned strategies? 4. What new problems have surfaced? How have these problems been addressed? What problems remain and what plans have been made to deal with them? 5. What adjustments and/or improvements could be made to the program in the future? The process evaluation will involve the following methods: 1) a review of site and program reports as well as other written documentation relating to strategy implementation; 2) structured interviews with key informants; 3) site visits; and 4) a review of program management and financial reports. It is expected that the coordinator will 1) provide the evaluators with requested crime and criminal justice data; 2) assist in identifying and accessing key informants and survey respondents; 3) provide all available data in a electronic file; 4) provide copies of site and program reports as well as other written documentation relating to strategy implementation. The Weed and Seed Coordinator and the Council staff will develop, review and use uniform instruments, where possible, to gather data for the evaluation. It is expected that evaluation activities will begin in April 2004 and continue until the final report is completed on August 31, 2004. Please see the table on the following page for a more detailed timeline of activities. Page 7 of 8 MEMORANDUM OF UNDERSTANDING DELRAY BEACH WEED & SEED AND TECHNOLOGY, ENTERPRISE AND DEVELOPMENT CENTER The Technology, Enterprise, and Development Center (TED Center), in recognition of the need for a community survey and a comprehensive evaluation of the community project, Weed & Seed, hereby agrees to support said evaluation through a contribution of $500.00 (five hundred dollars). The contract for the Weed & Seed project evaluation and community survey has been awarded to the Treasure Coast Health Council, as agreed by all parties of the Family Economic Sufficiency Task force. Total cost for the evaluation will be $16,000 (sixteen thousand dollars). Weed & Seed agrees to fund $13,000 (thirteen thousand dollars). The TED Center's contribution of $500 will be due upon the completion of the first half of evaluation activities (approximately June 15, 2004). Weed & Seed will provide the TED Center with an invoice for the amount of their contribution, a copy of the endorsed contract with the Treasure Coast Health Council (proposed contract attached), and support documentation for the first two payments. Additionally, at the conclusion of the project, Weed & Seed will provide a copy of the final report to the TED Center. Signatures below indicate agreement with the terms listed above: Seabron Smith ¥ Executive Director TED Center S~aror~ L ~rrou Program Manager Delray Beach Weed & Seed Date *Note: Additional funding support of $2,500 will be provided by the Delray Beach Housing Authority. MEMORANDUM OF UNDERSTANDING DELRAY BEACH WEED & SEED AND THE DELRAY BEACH HOUSING AUTHORITY The Delray Beach Housing Authority (DBHA), in recognition of the need for a community survey and a comprehensive evaluation of the community project, Weed & Seed, hereby agrees to support said evaluation through a contribution of $2,500.00 (two thousand and five hundred dollars). The contract for the Weed & Seed project evaluation and community survey has been awarded to the Treasure Coast Health Council, as agreed by all parties of the Delray Beach Self-Sufficiency Initiative. Total cost for the evaluation will be $16,000 (sixteen thousand dollars). Weed & Seed agrees to fund $13,000 (thirteen thousand dollars). The Delray Beach Housing Authority's contribution of $2,500 will be due upon the completion of the first half of evaluation activities (approximately June 15, 2004). Weed & Seed acknowledges that this contribution is being made so that the Delray Beach Self- Sufficiency Initiative, which DBHA is a member of, will participate in the community survey. Weed & Seed will work to ensure that resident survey questions which have been prepared by the Delray Beach Self-Sufficiency Initiative are incorporated into the Weed & Seed community survey. Weed & Seed will provide the DBHA with an invoice for the amount of their contribution, a copy of the endorsed contract with the Treasure Coast Health Council (proposed contract attached), and support documentation for the first two payments. Additionally, at the conclusion of the project, Weed & Seed will provide a copy of the final report to the Delray Beach Housing Authority. Signatures below indicate agreement with the terms listed above: Board of Directors Date The Dekay Beach Housing Authority Sharon L'Herrou Program Manager . Delray Beach Weed & Seed *Note: Additional funding support of $500 will be provided by the TED Center. March 1, 2004 Brenda Oakes, M.P.A. Contracts/Grants Coordinator 301 N. Olive Ave., Room 1001 West Pam Beach, FL 33401 RE: Weed and Seed Evaluation Proposal Dear Ms. Oakes: The Treasure Coast Health Council is pleased to submit this proposal for consulting services to Palm Beach County Weed and Seed. The Treasure Coast Health Council has more than twenty-five years of experience in health services planning and research. The staff is skilled in data gathering and survey techniques, quantitative and qualitative data analysis, and system and program planning and evaluation. It is the understanding of the Treasure Coast Health Council that Palm Beach County Weed and Seed is seeking a consultant to conduct an evaluation of the Delrey Beach Weed and Seed initiative. The evaluation will involve a review of four program components as follows: Law Enforcement; Community Policing; Prevention, Intervention, and Treatment; and Neighborhood Restoration. Each program component has its own goals, objectives, and implementation strategies. The purpose of the evaluation is to determine the extent to which the identified strategies have been implemented as well as their relationship to the initiative's overall outcomes. A description of the evaluation questions and methodology are presented in the attached overview. The evaluation will result in the development of a written report covering the calendar years 2001, 2002, and 2003. The report will include discussions of the progress that has been made in addressing community needs as previously identified in the goals, objectives, and needs assessment. In addition, it will identify any issues that surface as a result of the evaluation process as well as appropriate recommendations for program adjustments and/or solutions. Treasure Coast Health Council is willing to conduct a group exit interview with service providers, staff, law enforcement agencies, and community representatives. However, we would expect the Weed and Seed Coordinator to make the arrangements for the meeting. The fee to conduct this evaluation will be $16,000.00. The final report will be completed by September 30, 2004. Thank you for the opportunity to submit this proposal. We look forward to hearing from you soon. Sincerely, Barbara Jacobowitz Executive Director Overview of Evaluation Model ] The evaluation study will consist of two main sections as follows: · An Outcome Evaluation which will examine specific and quantifiable indicators of change (program outcomes) in the targeted area and · A Process Evaluation which will assess the means used to achieve the goals and objectives. The outcome evaluation is intended to measure the direction and magnitude of change in selected indicators during the project pedod. The process evaluation is intended to describe the methods and course of program implementation. The process evaluation report will identity achievements, obstacles, and adjustments to planned activities. A review of each program component and the program's management, which will include a review of financial reports, will complete the outcome and process evaluation. Outcome Evaluation The goal of the Federal Weed and Seed Strategy is to restore order to targeted neighborhoods and to provide opportunities for residents to live, work, and raise a family in a safe environment. The objectives of the Federal Weed and Seed Strategy are reflected in the four program components: 1) to control violent and drug-related crime; 2) to enhance public safety and security; 3) to create a healthy and supportive environment; and 4) to revitalize the neighborhood. The four components have been designed to meet the goal and objectives of the Federal Weed and Seed Strategy. Consequently, the outcome evaluation focuses on quantitative indicators of program effectiveness. The preliminary selection of indicators that should be examined is presented in the table below. These indicators will be discussed with the Coordinator prior to being finalized. Final inclusion of these outcome indicators in the evaluation report is also dependent on the availability of data. When data are not available, the evaluators will seek to identify an alternative indicator of program effectiveness. Any evaluation of program outcomes is subject to limitations of methodology and interpretation. In this study, an effort will be made to determine if changes have occurred in the patterns of criminal activity, the practices of law enforcement, and the residents' perceptions of safety and welfare. By measuring these indicators before and after program implementation, observed changes will be assumed to be related to the program interventions. The evaluators will also attempt to identify any significant environmental influences (other than intentional programmatic inputs) that may be impacting the indicators. Please see the table on the following page for a summary of the evaluation questions, outcome indicators, and data sources to be used in this study. Page 2 of 5 In order to conduct the community survey and analyze the survey data in the most cost- effective manner possible, the Council and the Weed and Seed Coordinator will collaboratively develop a concise and user-friendly survey which can be administered via mail, by Weed and Seed program staff, or by volunteers at community events or neighborhood venues. Respondents selected will include a representative sample of residents in the target area. Responses from a minimum of 500 residents will be collected and analyzed. Process Evaluation The process evaluation will be based on qualitative information and will focus on the manner and degree to which the strategies identified in the application have been implemented. The strategies identified in the four program components will be used to guide the process evaluation. The following questions will be answered: 1. Which strategies identified in the application have been implemented? To what extent? What obstacles were experienced during implementation? How were they overcome? 2. Which strategies identified in the application were not implemented? What prevented their implementation? 3. Which strategies other than those identified in the application have been implemented? How were these additional strategies chosen? How were these coordinated with planned strategies? 4. What new problems have surfaced? How have these problems been addressed? What problems remain and what plans have been made to deal with them? 5. What adjustments and/or improvements could be made to the program in the future? The process evaluation will involve the following methods: 1 ) a review of site and program reports as well as other written documentation relating to strategy implementation; 2) structured interviews with key informants; 3) site visits; and 4) a review of program management and financial reports. It is expected that the coordinator will 1 ) provide the evaluators with requested crime and criminal justice data; 2) assist in identifying and accessing key informants and survey respondents; 3) provide all available data in a electronic file; 4) provide copies of site and program reports as well as other written documentation relating to strategy implementation. The Weed and Seed Coordinator and the Council staff will develop, review and use uniform instruments, where possible, to gather data for the evaluation. It is expected that evaluation activities will begin in March 2004 and continue until the final report is completed in September 2004. Please see the table on the following page for a more detailed timeline of activities. Page 4 of 5 NEEDS ASSESSMENT STUDY Proposal Submitted To: Delray Beach Economic Self-Sufficiency Task Force Attention: Mr. David Schmidt Submitted By: Florida Atlantic University Center for Urban Redevelopment and Empowerment (CURE)' 111 East Las Olas Blvd., AT- Suite 604 Fort Lauderdale, FL 33301 Phone: (954) 762-5270 Fax: (954) 762-5278 August 14, 2003 TABLE OF CONTENTS InffoduclJon/Overview ............................................................................................................................ 1 Project Team ........................................................................................................................................... 2 Venesia Thompson ............................................................................................................................ 3 Mohamad G, Alkadry ....................................................................................................................... 3 Mot)aA Abdelrahman ........................................................................................................................... 4 Scope of WonV, ......................................................................................................................................... 4 Introduction ....................................................................................................................... ................... 4 References for Projects ............................................................................................................................ 6 Completion Dates and Deliverables Schedule .......................................................................................... 7 Project Budget ...................................................................................................................... :......' ............ 8 Introduction/Overview The Center for Urban Redevelopment and Empowerment at Florida Atlantic University (FAU-CURE) dates back to 1992 when the Flodda Legislature provided special funds for FAU to undertake applied research, community outreach, program design and evaluation, policy analysis and non-credit educational activities relevant for enhancing redevelopment and the quality of lifo in the Eastward Ho! Corridor. The Florida Board of Regents formally established FAU-CURE in 1994 as a Type II research Center, one that is responsible for providing its services in all of FAU's service area. FAU-CURE's research and oulreach capacity is the result of the caliber of faculty members in the six different academic colleges at Rodda Atlantic University (FAU} as well as more than twenty-five community partners of the FAU- CURE. FAU-CURE takes pride in its role and presence in the community. It has eight different community o~each centers in Broward and Palm Beach counties. These community outreach centers provide computer and micro enterprise training in Iow- and moderate-income communities that lie along the 1-95 corridor of 8roward and Palm Beach counties. The vast majority of residents along this corridor suffer from disproportionately high levels of unemployment and crime. The Center for Urban Redevelopment and Empowerment is an o~each and applied reseamh center at Florida Atlantic University. FAU-CURE provides a variety of l~alning and services to empower communities in Sou~ Florida. FAU-CURE's consistent approach has been to develop partnerships with existing community organizations and find solutions together. Recent related FAU-CURE projects include: .1. Affordable Housing Study. Produced for the Broward County Office of Housing Finance. 2. Tallman Pines Market Research Studyl Produced for Local Initiatives Support Corporation. 3. Housing Need and Housing Market Analysis Components of the City of Sunrise Consolidated Plan. Produced for Community Redevelopment Associates. 4. City of Dania Beach Economic Development Man, et Needs A~sessment. Produced for the City of Dania Beach. 5. Atlantic Grove Real Estate Market Analysis. Produced for New Urban communities, Local Initiatives Support Corporation, Delray Beach community Development Corporation, and the Technology, Enterprise, and Development Center. 6. Limestone Creek Market Study. Produced for the Limestone Creek community Development Corporation, Town of Jupiter, Florida. 7. Comprehensive Community Needs Assessment. Produced for the Broward County Research and Grants Division, Broward County Board of County Commissioners, Broward County, Florida. 8. A S~'ategic Neighborhood Development Plan for East Miramar. Produced for the City of Miramar, FIo~da. 9. Pearl City Community Development Survey. Produced for the City of Boca Raton, Flodda. 10. Comprehensive Continuum of Care Gap Analysis for Broward County Research and Grants Division. Produced for the Broward County Research and Grants Division, Broward County Board of County Commissioners, Broward County, Florida. Center for Urban Redevelopment and Empowerment at Florida Atlantic University 1 11. Strategic Decision and Planning Workshop for City Commissioners and Heads of Depariments. Produced for the City of Coral Springs, Florida. 12. Community Asset Mapping Project in South Central Hollywood. Produced for the City of Hollywood, Florida. 13. A Census and Survey of the Homeless Popula~on in Palm Beach County, Florida. Produced for the Board of County Commissioners, Palm Beach County, Lost Tree Village Charitable Foundation, Inc., Palm Beach County Deparlment of Housing and Community Development, and Homeless Coali~on of Palm Beach County, Florida. 14. Neighborhood Visioning Exemise. Produced for the Riverside Park Residents' Association, Inc., Fort Lauderdale, Florida. FAU-CURE has a long record of conducting studies similar to the proposed Self-Sufficiency Needs Assessment Study. The members of the proposed FAU-CURE team have lremendous experience in performing such asks. Project Team Venesia Thompson, Assistant Director of FAU-CURE, will serve as the project leader for the needs assessment study. Ms. Thompson will be the team's contact person and will be ultimately responsible to the Economic Self-Sufficiency Task Fome (referred to as the Task Force) for the production of.the study according to the specific~ons negotiated with the Task Force. Dr. Mohamad Alkadry, a consultant with Rime AJkadry Consulting, Inc. will conduct all the data analysis. He will also be responsible for the geographic mapping of the data collected for the study. Field data collection will be conducted and supervised by Mobark Abdelrahman and other FAU-CURE raseamh staff and students. Mr. Abdelrahman will liaise with appropriate public, private and civic sector agencies for the purpose of data collection and public participa~on. Members of this team are all regionally known for outstanding performance in the field of housing, community and economic development. This team will have access to all needed support services and research assistance from t~e staff of FAU-CURE and other research facilities at Florida Atiantic University, including the Geographic Informa'don System (GIS) laboratory. Each member of FAU-CURE team will bring to the team excellent analytical skills. The senior consultant and project director, Venesia Thompson, has a Masters in Political Science and a Certificate of Specialization in Community and Economic Development. Mohamad Alkadry has a Ph.D. in Public Administration and recentiy worked for FAU. CurrenCy, he is a professor at the University of West Virginia and continues to consult on major projects in South Florida several times a year. Mobark Abdelrahman is a research assistant and computer specialist who has worked on several community development projects at Florida A~antic University. The proposed team members individually and collectively have excellent anal~cal skills, experience in community oub*each and research, experience in economic development, and ability to work in Iow and moderate-income neighborhoods. The Task Force is invited to examine the fieldwork, research, and community service profiles of the team members. Center for Urban Redevelopment and Empowerment at Florida Atlantic University 2 Venesia Thompson Venesia Thompson is the Assistant Director and senior research associate at FAU-CURE. She holds a Masters degree and a ceraficate in community and economic development from Rodda AtJanfic University. If retained for this project she will be responsible for survey development data analysis, and the production of all drafts and final reports. She has worked for the Anthony James Catanese Center for Urban and Environmental Sol~ons (formerly the FAU/FlU Joint Center for Environmental and Urban Problems). Following are some projects for which Ms Thompson served as principal and co-principal invesl~gator. 1. Conducted a market research study for the rehabilitation of 68 single-family homes and the construclJon of 112 townhornes. 2. Conducted an affordable housing study to determine owned and rental housing needs in Broward County. 3. Prepared evaluations and recommendations for various state and local agencies on growth management and environmental issues. 4. Conducted research in the areas of land use, urban development urban planning, growth management and environmental problems, comrnunity and economic development redisbictJng, and affordable housing. 5. Served as survey coordinator for the Dania Beach Main Street program and provided project technical assistance to the City of Dania Beach's Downtown Revitaliza~on 'Main Street' program. 6. Conducted market analysis studies of the Central Business Disbict for the City of Dania Beach. One of her publications is q'he City of Fort Lauderdaie SHIP Affordable Housing Ordinance in Environmentaland Urban Issues', Vol.. XXV, No 3 J/Iohamad G. Alkad~y Mohamad Nkad~/was a Senior Research Associate with FAU-CURE. While at FAU, he taught research methods and quanfl~dve analysis and was involved in a wide range of community service activities, and in various outreach and economic development projects undertaken by FAU- CURE. Currently, he teaches at the University of West Virginia. He has completed in excess of twenty comprehensive local government initiatives and studies mosfiy in South Florida. If FAU-CURE is retained to conduct this project, Dr. Aikadry will also be responsible for all GIS mapping tasks in this project. Some of his studies are listed below: 1. Housing Need and Housing Market Analysis Components of the City of Sunrise Consolidated Plan. Produced for Community Redevelopment Associates. 2. City of Dania Beech Economic Development Market Needs Assessment Produced for the City of Dania Beach. 3. Housing Need and Housing Market Analysis Components of the City of Tamarac Consolidated Plan. Produced for Community Redevelopment Associates. 4. Technical Assistance for the Demographic and Housing Components of the City of Boca Raton Consolidated Plan. Produced for the City of Boca Raton. 5. Housing Need and Housing Market Analysis components of the City of Pembroke Pines Consolidated Plan. Produced for Community Redevelopment Associates Center for Urban Redevelopment and Empowerment at Florida Atlantic University 3 6. A~tianac ..Grov_e ,Rea_Estate Market .,Ana..lysis, New ,U~rban Co. mmunilies, L_oca, I In!tiafives Support ~o[porati.on, ueir. a[ ~each Community ueve~opmen[ corporaton, and the ~ecnnology, Enterpnse, and Development ~enter 7. Limestone Creek Market Study. Produced for Limestone Creek Community Development Corporation (CDC) 8. Martin County Homeless Survey and Census. Produced for the Mar'an County Salvation Army 9. South County Neighborhood Annexation Study. Produced for Broward County and the Neighborhood Associations of Carver Ranches, Utopia, Miami Gardens and Lake Forest 10. Pearl City Community Development Survey. Produced for the City of Boca Raton 11. City of Dania Annexation Economic Feasibility Study. Produced for City of Dania 12. Deparlment of Children's Services Prevalence Studies. Produced for Broward County Board of County Commissioners 13. Defense Transportation Productivity Analysis (using Data Envelopment Analysis). Produced for the Office of the Auditor General of Canada 14. Military Training Productivity Analysis Produced for the Office of the Auditor General of Canada Mobark Abdelrahman Mobark Abdelrahman is a research assistant at FAU-CURE. He holds a Bachelor's degree in Computer Information Systems, with a specialization in management informataton systems (MIS). Mr. Abdelrahman has wonted on several research projects at FAU-CURE, including data collection and community survey for ~the more recent Tallman Pines Market Research Study. If retained for this project, he will help coordinate the survey, assist in data collection, and help organize workshops and meetings. Some of his projects include: 1. Conducted an affordable housing study to determine owned and rental housing needs in Broward County. 2. Limestone Creek Market Study. Produced for the Limestone Creek Community Development Corporation, Town of Jupiter, Florida. 3. Pearl City Community Development Survey. Produced for the City of Boca Raton, Florida. Scope of Work Introduction FAU-CURE proposes to conduct a needs assessment study for the Delray Beach Economic Self- Sufficiency Task Force. The purpose of the study is to evaluate available community resources to determine overlaps and gaps. Specifically, project staff will 1) survey residents to find out their needs for achieving economic self-suffciency; 2) survey service providers to develop an inventory of existing services as welt ss obtain information on assistance needed to provide additional services; 3) identify other existing services, as needed; and 4) provide recommendations for meeting identified needs. Center for Urban Redevelopment and Empowerment at Rodda Abontic University 4 TASKS 'l~meframe Deliverables 1. Meet wffh Economic Self-Suffciency Ini§ative Task 2 weeks Summary of Meeting Force to define project/service area and to discuss specific information for survey devek)pmenL 2. Develop survey ins~rnents according to the needs 2 months Survey tool; Status report of of the Task. Force; conduct a door-to-door survey of survey. residents in the project area to determine their needs for achieving self-sufficiency; and conduct telephone and mail surveys of service/program delivery providers in the project area and neighboring cities to identify existing services and to assess the competency level of their staff and the quality of their programs and services. 3. Convene two (2) focus groups with service providers 2 month~ Results of focus groups and and service recipients with results of survey to form summit. consensus on needs and organize a one-day summit of providem, public officials, and other key stakeholdem for input. ~4. Prepare a profile of project area (demographic 2 weeks Profile report. informaton, including racial, economic, and housing i breakdowns by Traffic Analysis Zones (I'AZs) and census tract), using GIS software 'and data from the US Deparlment of Commerce, Bureau of the Census and the Claritas Corporataton Demographic Modules. 5. Collect and analyze data; develop a grid of service 1 week Matrix/inventory of existing 3mviders and existing services and compare to services. residents' specified needs to determine gaps; provide a list of needs and gaps. 6. Develop model of 'one-stop' service center for 3weeks Report of national models. project area by researching national models and 'best )ractices" that have contributed to economic self sufficiency. 7. Provide results of surveys; provide 1 week Rnal study, including survey recommendations on needed services and potential results and recommendations. funding sources. 8. Provide post-assessment activities, if necessary, 2 months Workshop agenda, attendance such as capacity-building training for service providers roster, and evaluation forms. (three (3) grantswdting workshops, three (3) strategic planning meetings, etc.) Total T~me and Cost to Complete Project 8 months $29,924 Center for Urban Redevelopment and Empowerment at Florida Atiantic University 5 References for Projects The project team has experience in the tasks that would need to be performed in this study. The team has expenence m the ~ea of market and needs assessment studies (Atlantic Grove in Delray Beach, Northwood, and Tallman Pines). The project team is also experienced in conducting market potential studies (Dania Beach) that aim at determining which industries and retailers to attract based on conSumer potential data. The project team also has excellent performance records wi~ Local Initiatives Support Corporation. The table below provides a list of references for similar projects undertaken by FAU-CURE. FAU-CURE has satisfactedly completed all the referenced projects on schedule, at cost, and in compliance ~th the terms of the contracts and scope of services. Client Project T~le Contact Northwood Business Northwood Market Feasibility Study and Vivian Brooks Development Commercial Model Block Feasibility Study. (561) 832-6744 Corporation Boca Raton Technical Assistance for the Demographic and Annette Evans Community ~ Housing Components of the City of Boca I (561) 393-7755 Development Raton Consolidated Plan. Depadment Local InitiativesAtiantic Grove Real Estate Market Analysis Lynda Charles Support Corporation (561) 471-7700 City of Dania Beach City of Dania Beach Economic Development. Jason Nunemaker Market Needs Assessment (561) 924-3609 Community Housing Need and Housing Market Analysis Kathy Randell Redevelopment Components of (954) 431-7866 Associates · The City of Sunrise Consolidated Plan. ,, The City of Tamarac Consolidated Plan. · The City of Pembroke Pines Consolidated Plan. All above projects were submitted on schedule and according to specifications. Center for Urban Redevelopment and Empowerment at Florida Atlantic University s Completion Dates and DeliverableS Schedule FAU-CURE expects to complete the need assessment study in 240 days (8 months) f~om Notice to Proceed. TASKS "Mnthl Mnth2 Mnth3 Mnth4 Mnth5 Mnth6 Mnth7 Mnth8 1. 2. ~ 3. 7. 8. Center for Urban Redevelopment and Empowerment at Florida Allantic University 7 Project Budget The project will commence once a signed contract between Florida AtJanl~c University-Center for Urban Redevelopment and Empowerrnent (FAU-CURE) and the Delray Beach Task Force is in place. The project is scheduled to conclude June 30, 2004, based on a start date of October 31, 2003. The following is a breakdown of the budgeL FAU-CURE proposes that a contract between the Center and the Task Force be on a fixed-fee basis. I I~-m AMOUNT I. PERSONNEL Project Manager - Venesia Thompson (10% effort for 8 months) 3,233 Project Coordinator- Mobark Abdelrahman (50% effort for 6 months) 8,026 Fringe (25%) 2,815 SUBTOTAL: $14,074 2 student assistants TBD ($12/hr x 10 hrs/week for 20 weeks) 2,400 TOTAL PERSONNEL: $16,474 II. EXPENSES Consultant- GIS mapping 1,500 6 Capacity-Building Workshops @ $500 each 3,000 Travel 200 Office Supplies 200 ¥OYAL EXPENSES: $4,900 Total Direct Costs $2t,374 III. OVERHEAD ,40 percent of Total Direct Costs 8,550 ¥01AL: $29,924 Center for Urban Redevelopment and Empowerment at Florida Atlantic University DRAFT Evaluation of Weed and Seed Delray Beach, Florida September 14, 2003 Proposal submitted by Karen Casey-Acevedo, Ph.D KCA Marketing Inc. DRAFT Introduction Weed and Seed was implemented in Delray Beach in 2000. As in ali Weed and Seed initiatives, a steering committee was formed to identify specific goals and objectives relevant to the Weed and Seed site. The goal of this evaluation is to assess whether the goals identified in the strategic plan have been met and to what extent these goals have been reached. The following proposal is organized by each of the major four goals common to Weed and Seed initiatives; law enforcement, community policing, community restoration and treatment, prevention and intervention. The most appropriate strategy for conducting an evaluation of a Weed and Seed initiative is a quasi-experimental design using a pre/post case study with a comparison area (BJS, 2002). The evaluation should include a combination of qualitative and quantitative data collection and analysis. The major sources of data are existing statistics from local, state and federal agencies and data collected through resident surveys and focus groups. The purpose of the evaluation is two-fold. First, the evaluation will assess program organization and management of Weed and Seed. There are several sources of data that are appropriate for measuring outcomes in Weed and Seed such as the Strategic Plan, Steering Committee meetings, funding proposals, grant applications and other program documents. Partnership dynamics of the steering committee, the day to day operation of Weed and Seed, views about policy and key components of the program and program strengths and weaknesses will be gathered through focus groups and interviews with key stakeholders. The second purpose of the evaluation is to assess objectives identified by the Steering Committee for each of the four major components of Weed and Seed. For each area, the evaluation strategy and data collection methods are discussed. A projected timeline and budget is included at the end of the proposal. Goals and Ob,[ectives of Weed and Seed Law Enforcement Ob,[ecfives To identify offenders and locations responsible for the defined criminal activity. · To establish a clear and increased police presence. · To institute proactive enforcement measures to eliminate drug dealers. · To foster a closer relationship with the community to facilitate more effective problem solving techniques to destroy the site's drag trade. * To build community cohesiveness and sustain maintenance capabilities 2 DRAFT Evaluation Strateov The primary data collection strategy for addressing law enfomement goals is analysis of existing crime data. Crime data will be gathered from local police and sheriff's departments and the Statistical Analysis Center in Tallahassee. Several pieces of data are required, such as monthly arrest statistics on drug-related crimes and violent crimes in the neighborhood and comparison area. In addition, prosecution data, such as pre-trial release status, case dispositions, average length of sentence, forfeiture assets can be gleaned from county, state and local probation departments Community Policine Objectives · To increase the number of problem solving/community police officers and crime prevention officers working in the area. · To develop communication with residents to gain intelligence information. · To coordinate neighborhood watch programs with officers in the target area. · To eliminate crack houses by reporting intelligence information to law enforcement components, code enforcement components and surrounding homeowners. Evaluation strategy- Resident Survey The primary strategy for assessing Community Policing objectives is to survey residents in the neighborhood. As door to door interviews are more difficult to conduct, telephone interviews will be conducted with 100 residents. Questions will focus on neighborhood changes, relationships with the police, fear of crime, quality of life, victimization and perceptions of police. Community Restoration Ob,lectives · Eliminate all illegal drag activity from the target area · Preserve and protect the desired quality living environment · Enhance the partnerships between residents and government, collaborating ways and actions in resolving problem · Provide decent, safe and well managed rental units · Eliminate the use of private property for illegal activity Evaluation strateov - Resident Survey/Focus Grouos/Existin~ data The primary strategy for assessing Community Restoration objectives is surveying the residents' as noted above. In addition, focus groups will be utilized to assess the local businesses' perception of changes in the neighborhood. Focus groups are an organized and structured method of collecting valuable data that allows for the sharing of ideas, 3 DRAFT experiences and constructive suggestions. Focus groups will be held with local business leaders in the community. Data on neighborhood characteristics and changes in the neighborhood will also be collected. For example, data on job creation, percentage of persons employed, number of new businesses opened, number of small business loans made, nature of neighborhood clean-up efforts can be gathered from the Chamber of Commeme, City Code enforcement and other local organizations. Prevention and Intervention Obiectives · To develop and establish Safe Havens throughout the targeted neighborhoods to address the educational disparities among minority students. Evaluation strategy-Existing data The evaluation strategy for addressing the prevention is gathering existing data from various programs operating in the Weed and Seed area, such as number of participants in programs, hours and staffing of programs, Project staff Project Director - Karen Case¥-Acevedo, Ph.D. The Project Director will assume overall responsibility for the supervision of staff, preparing the reports, formulating procedures for identifying participants in focus groups, surveys, and interviews, reviewing instruments for data collection, linkage with agencies for data collection, data analysis and presentation of reports. Research Consultant - Adela Beckerman, Ph.D. The Research Consultant will be responsible for the development of research instruments, training of research staff, and collection of data. She will also be responsible for the analysis and presentation of data. Focus Groun Facilitator - The focus group facilitator will contact all parties for the focus groups, arrange a convenient date, time and location for each focus group, arrange all necessary equipment, reschedule focus groups if they are cancelled, travel to focus group location, facilitate focus group discussion, take notes on the discussion. $150 per group x 10 groups = $1500 4 DRAFT Phone interviewers - Resident Survey -The interviewers will contact the residents, schedule an appointment for a phone interview, reschedule when the need arises. Interviewers will be paid $50 per completed interview. Residents will be given a $30 voucher for Target upon completed interview. 100 residents x 50 x 30 = $8,000 Data entry - a graduate student will be hired to enter data at $12 per hour. Timeline, Budget and Deliverables The evaluation will be broken into four phases, each focusing on a particular strategy and objective. Activity Timeline Deliverable Cost Phase I Design study January 2004- Report $8600 August 2004 completed Program Review Weed August 15, Operation and Weed 2004 documents Law Enforcement Collect and analyze existing crime data, census data, local business data Phase 2 10 Focus September 2004 Report $10,000 groups- - December 2004 completed Community December 15, Policing homeowners 2004 associations, Community local businesses, Restoration Steering committee, key Prevention, stakeholders Intervention and Treatment Phase 3 Resident survey January 2005 - Report $15,000 August 2005 completed Community Telephone August 1, Policing interview with 2005 100 residents Community Restoration Phase 4 Integrate all On-going Final Report $5,000 Data into final throughout all completed report phases September 1, 2005 6 Hugh J. Phillips, M.S., Ph.D. CEO hphfllip@sur fsouth.com October 6, 2003 Sharon L'Herron Program Manager- Delray Beach Weed & Seed Delray Police Department 300 W. Atlantic Ave. Delray Beach, FL 33444 Developing Strategic Problem Solving Strategies for Success. Dear Sharon; It was a pleasure speaking with you this morning. I have your e-mail materials on disk and will review them later today. I am in the process of getting organized to travel on business to Alabama for the rest of the week. I look forward to reviewing your materials and look forward to your Final Status Report. I will give all your materials my full attention. Please feel free to send me anything that will help us to develop a scope of work and tasks that need o be addressed so that our work will lead to both short term success, long- term success, and the sustainability of this critical initiative. I am attaching some resume materials for your perusal and will send more later. I look forward to working with you. 619 Longbow Drive (229) 431-1170 Albany, GA 31721-8975 Fax: (229) 883-5478 Hugh J. Phillips, M.S., Ph.D.; CEO---INTERTECH ASSOCIATES. Dr. Hugh J. Phillips received his MS in Psychology (with thesis) from Utah State University, with concentrations in behavioral psychology, clinical psychology, research methods and statistical analysis. He received his Ph.D. in Sociology (with dissertation) from Utah State University, with concentrations in complex organizations, criminology, juvenile delinquency, social deviance, victimology, research methods and statistical analysis. He possesses a strong academic background and applied computer based utilization of quantitative and qualitative research methods and statistical analysis, both descriptive and inferential. Dr. Phillips spent twenty-five years in university graduate level education (Utah State University, University of Maine, Albany State University) as a tenured full Professor; Chairperson, Department(s) of Criminal Justice and Director, Criminal Justice Research Institute. Dr. Phillips has a rich history in public service and in developing public policy having served Governor Joseph Brennan, former Governor of Maine, as Chair of the Maine Sentencing Guidelines Commission. He was a Member of the Governor's Blue Ribbon Commission on Corrections and served as a Trustee, Maine Criminal Justice Academy, training instructor at the Maine Criminal Justice Academy (training municipal police, training of Sheriffs Deputies, provided training to staff of Human Service agencies, and delivered State Police training). Dr. Phillips served Governor Joe Frank Harris, former Govemor of Georgia, as Committee Member, Commission on Justice in Georgia; and as a POST Certified Instructor at the Georgia Public Safety Training Center (municipal police training, State Police training, Department of Natural Resources Officer training, training of Social Service/Human Service agency staff, etc), Member, Advisory Board of the Albany Regional Police Academy and served as a consultant to the Canadian government. During the 25 years Dr. Phillips was in academics, he consulted on a contractual basis to business, education, criminal justice agencies, government, industry, etc. During that time, Dr. Phillips published thirty professional articles, chapters in scholarly readers and a book. All of these works are scholarly and most center on topics in the criminal justice system, the juvenile justice system, psychology, sociology and education, additionally, Dr. Phillips has delivered seventy-five professional presentations to academics, civic groups, law enforcement, and elected and appointed public officials. Dr. Phillips retired from academics in June 1993 and has pursued consulting on a full time basis; he has served as a Technical Assistant and provides consulting support to programs through the U. S. Department of Education, the U.S. Department of Justice, and HUD. The concentration on consulting to HUD has been delivered in fifteen states involving more than thimy individual PHA sites and included seven Troubled Authorities. A major part of many consulting assignments has been in the areas of networking especially with police departments and other social service agencies and performance-based strategic planning, performance-based outcomes, implementation, monitoring, evaluation, developing corrective actions, and reporting. RESUME NAME: Hugh J. Phillips, M.S., Ph.D. 619 Longbow Drive Albany, GA 31721-8975 (229) 431 - 1170 FAX (229) 883-5478 hphillip(&,sur fsouth.com MARITAL STATUS: Married to Lela B. Phillips, Ed.D. Professor of English Chairperson, Humanities Division Andrew College Cuthbert, GA 317~-0 OCCUPATIONAL STATUS: CEO INTERTECH ASSOCIATES 619 Longbow Drive Albany, GA 31707 (229) 431 - 1170 FAX (229) 883-5478 hphillip~,sur fsouth.com EDUCATION: B.A., 1971, Psychology Fort Lewis College Durango, CO 81301 M.S., 1975, Psychology* Utah State University Logan, UT 84321 * completed out of major hours (30) in MBA program Ph.D., 1978, Sociology* Utah State University Logan, UT 84321 * completed out of major hours (30)in MBA program PROFESSIONAL EXPERIENCE. June 1993 - Present CEO INTERTECH ASSOCIATES 619 Longbow Drive Albany, GA 31721-8975 1973 - May 1993 Contracted Consulting/Technical Assistance (part-time while in higher academics) 1986 - June 1993 Professor of Criminal Justice (Tenured) Chairperson, Crir~mal Justice Department Director, Crin~mal Justice Research Institute Albany State University Albany, GA 31707 GPOST Certified Instructor Georgia Public Safety Training Center Forsyth, GA 31029 Member, Advisory Board of the Albany Regional Police Academy. GPOST Certified Instructor Albany Regional P01ice Academy Albany State University, GA 31707 GPOST Certified Instructor ABAC Regional Police Academy Tifton, GA 31793 1985- 1986' 1984 1981- 1985' Professor of Sociology and Criminal Justice (Tenured) Chairperson, Department of Criminal Justice University of Maine Presque Isle, ME 04769 Adjunct Professor Graduate Faculty Master's of Public Administration Program University of Maine Orono, ME 04473 Certified Instructor Maine Criminal Justice Academy Waterville, ME 04901 INTERTECH ASSOCIATES formed as consulting business (to current) Associate Professor of Sociology and Criminal Justice (Tenured) Chairperson, Criminal Justice Department University of Maine Presque Isle, ME 04769 Adjunct Professor Coordinator of Graduate Faculty M. S., Counselor Education Program University of Maine, Presque Isle, ME 04769 University of Maine, Portland, ME 04101 University of M~me, Orono, ME 04473 2 Certified Instructor Maine Criminal Justice Academy Waterville, ME 04901 1976-1981' Assistant Professor of Psychology, Sociology, and Criminal Justice Chairperson, Criminal Justice Department University of Maine Presque Isle, ME 04769 Certified instructor Maine Criminal Justice Academy Waterville, ME 04901 * Note: During my years in Maine I provided professional psychological and socialization services for youth at a Group Home for adolescent males. These services included the following: periodic service on week ends as Houseparent, provided individual therapy to the residents, provide group counseling, provide family therapy, and provided supportive services after the boy's were released (job searching, job performance monitoring, family therapy, etc.) 3 October 13, 2003 Sharon: It was good speaking with you this morning. I have reviewed past "scope-of-work" involved in past Weed & Seed Evaluations I have participated in, the location of those initiatives, and the costs of performing a quality evaluation. A careful review of those materials indicate that a flat-fee of $8,000 - $10,000 over an appropriate time period to fulfill the evaluation would not be feasible. A comprehensive Weed and Seed Evaluation would involve the following scope-of-work and accompanying tasks: A. The Problem: Setting and Program Characteristics. 1. Targeted neighborhood problems and characteristics. 2. Resources available. 3. Weed & Seed goals and objectives. B. Implementation and Processes: Program Management and Activities. 1. Weed & Seed organization, structure, and management. 2. Weeding activities by law enforcement, prosecution, probation/parole, and corrections. 3. Community policing activities. 4. Seeding activities for Prevention, Intervention, and Treatment. 5. Neighborhood Restoration activities. C. Intervening/Mediating Variables: Other Programs and Happenings. 1. Other anti-crime and anti-drug strategies. 2. Jurisdiction's history of partnerships and interagency collaboration. 3. Jurisdiction's problems, infxastructure, characteristics of note. D. Proximal/Process Outcomes. 1. Number of events, people involved, jobs created, houses rehabbed, other relevant things ..... 2. Arrest statistics. 3. Person hours devoted specifically to W & S. 4. Case tracking through CJS. 5. Prosecution statistics. 6. Probation/parole statistics. E. Short- and long-term Outcomes. 1. Part I Crime statistics, and other pre-defined crime statistics of special interest (e.g., domestic violence) to area(s). 2. Resident views on fear of crime, victimization, quality of life, neighborhood satisfaction. 3. Observation of physical changes in neighborhood. 4. Recidivism. 5. Reduction in substance abuse. 6. Changes in key indicators. I regret that I cannot fulfill this assignment at the level expected by the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed. As our discussions have indicated, I take great pride in my work and do not feel it would be fair to you, the City of Delray Beach, my professional reputation, or the expectations of the DOJ to submit a proposal for conducting a W & S Evaluation at this time. I wish you the best of luck and hope all tums out well for you and this initiative. Sincerely, Hugh J. Phillips, M.S., Ph.D. CEO---INTERTECH ASSOCIATES 2 Memo To; Carolanne Kucmerowski, Agenda Coordinator From; Sharon L'Herrou, Weed & Seed Program Manag~,~L\~ I)ate; April 29, 2004 Re: Agreement between: The City of Delray Beach 0Need & Seed initiative) and New Innovations Attached, please find an agreement between the City of Delrey Beach/Weed & Seed Initiative and New Innovations which authorizes payment of $16,000 to New Innovations for service provisions between May 4, 2004 - September 30, 2004. Under this agreement, the Weed & Seed initiative agrees to fund educational enrichment services provided by New Innovations to the youth served by the Parks and Recreation Department's Out-of-School Program (also called Safe Havens under the Weed & Seed umbrella). The U.S. Department of Justice, Executive Office for Weed & Seed, awarded funds (disbursed on a reimbursement basis) to the City of Delray Beach for local initiatives such as this. The allocation of these funds is an eligible use of these grant funds has been approved by the Executive Office for Weed & Seed. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CiTY OF DELRAY BEACH AND NEW INNOVATIONS FY2003-2004 (October 1, 2003- September 30, 2004) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ('Agreement') entered into this 4"~ day of May. 2004, between the City of Delray Beech, hereinafter referred to as 'City' and New Innovation~ hereinafter referred to as 'AGENCY', having its principal contact at: P.O Box 697 Boynton Beech, FI 33425, is related to the provision, as per the budget approval by the Ci'ty Commission on ~ of $16,000 in Deparlment of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded EOW$ fonds are al!_,~,~:._!_-d se follows: 2. Definitions: a. 'City' means ~ City of Ddrey Beach, Florida b. 'DOd' means U.S. Department of Justice c. 'EOWS' means Executive Office for Weed and Seed d. 'Weed & Seed' means The Delrey Beach Weed & Seed grant initiative e. 'The Agency' means New Innovations Purpose of Work: The purpose of this agreement is to state the covenants and condi~ons under which AGENCY will implement the agre~..~d upon scope of work supported by the allocation of federal DOJ/EOWS funds; The Scope of Se~ce in Exhibit"A' outtines the speci~c deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Unton Bird to the South. The Agency shall, in a satisfectory and proper manner as determined by the City, perform the tasks necessary to conduct the program outiined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit 'A", provided hereto and made a part hereof. Reimbursement requests/ invoices and programmatic reports should be submitted simultaneously. Se~ces and payment of services will be provided according to the schedule listed in "Exhibit A" The C~ wi~ orovide "' .... '- ' ....... ,,~..,,,,, o,~,~ ri.ye., repons ~o me weed & Seed Program Manager, due July 10~ and October 1~ to include the following: · Number of students enrolled in Safe Havens · Number of students participating in the New Innovations project and project dates · Summary of Project · Name and Date of Bi~ of students enrdlad in the Safe Haven Additional Expectattons of the Parks and Recreation Department's Out-of-School program/Safe- Haven indudea: · Prominent display of the Weed & Seed, "Safe-Haven" designation at all 3 Out-of-School program locations (to be provided by Weed & Seed) · Inclusion of the Delray Beach Weed & Seed logo on program materials acknowledging Weed & Seed as a funding source · Providing display of Weed & Seed/Project Safe Neighborhoods crime education posters (to be provided by Weed & Seed) All services provided by New Innovations shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $16,000 for the period of May 4 - September 30, 2004. All release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all 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, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of AGENCY shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 4, 2004 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2004. 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 pdor to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the New Innovations program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request/' invoice (due according to the schedule listed in exhibit A). Additionally, a final report summarizing results for the funding pedod (October 1, 2003 - September 30, 2004) is due by October 10, 2004. Reimbursement payments will not be released without the submission of the required repods (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by DOJ/EOWS. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1,2004. Program.Generated Income: All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset proJect costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the pdor wdtten approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Cimular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, 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 volunteers working with youth or other vulnerable/protected individuals. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 above and at other times upon the request of the City, information and status reports required by the City, and/or DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to monitor Agency on site (at leest annually). Such visits may be scheduled in advance or unscheduled as determined by the City and DOJ/EOWS. t0. Audits and Inspections: At any time during normal business hours and as often as the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the previsions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to 3 12. 13. submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Cimulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all soumes are expended. 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 dght to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing pdor to this agreement. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the dght to terminate this agreement or suspend payment in whole or part by giving wdtten notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time dudng the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and ail payments are contingent upon the release of funds from the DOJ/EOWS. 4 14. 15. 16. 17. 18. t9. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to Weed & Seed any Weed & Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, equipment under the sub-recipient's control with a current fair market value of $5,000 or greater that was acquired with Weed and Seed funds, and is no longer needed by the Weed & Seed project, must either be used to meet one of the national objectives of the Weed and Seed Project OR the sub-recipient must provide compensation to the Federal awarding agency as indicated in OMB Circular A-110 part 34. Copyright laws: The City of Delray Beach agrees to abide by all copyright laws. The City agrees not to resell any materials owned by New Innovations. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. Hold Harmless and Indemnification Clause: New Innovations hereby agrees to promise to indemnity and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attomey's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. WITNESSES: Agency/Sub-recipient: New Innovations Name/Title: Signed By: ATTEST: CITY CLERK CITY OF DELRAY BEACH, FLORIDA Signed By: CITY ATTORNEY Scope of Service Introduction *The goals of the New Innovations educational curriculum, resource materials, and staff development project with the City of Delray Beach are as follows: · New Innovations will train Safe Haven/Parks & Recreation Out-of School Staff to implement the New Innovations curriculum and resource material with youth participants · Youth enrolled in the Delray Beach Safe Haven/Parks & Recreation Out-of School program, through participating in the New Innovations curriculum, will improve their performance in reading and math Once trained, Parks and Recreation staff will implement the New Innovations curriculum weekly and administer pre and post assessments on a monthly basis. Parks and Recreation staff will provide completed assessments to New Innovations for data analysis and reporting. New Innovations will collect assessments and provide reports to the Department of Parks and Recreation during the scheduled staff support sessions. Outcome Measures to be Monitored by the Parks & Recreation Out-of School Program (Safe Havens) · Number of students enrolled in Safe Havens · Number of students participating in the New Innovations project and proiect dates · Summary of Project · Name and Date of Birth of students enrolled in the Safe Haven Outcome Measures to be Monitored by New Innovations · Monthly report to include the average of participants pre and post test scores in reading and math and a % of increase in scores (due by the 10~h of the month for the preceding month) · Total, cumulative average of participants pre and post test scores in reading and math and % of increase in scores over the duration of the project (due by October 10, 2004) Program Reports New Innovations agrees to provide the Weed & Seed Program Manager and the Director of Parks and Recreation with the reports detailed above. Additionally, if problems are encountered during the implementation of this project, New Innovations will include this information in the monthly reporting along with proposed solutions. Additionally, a final report summarizing results for the funding period is due by October 10, 2004. Payment will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. The Depadment of Parks and Recreation Department agrees to provide reports to the Weed & Seed Program Manager on the Outcome Measures listed above twice during the funding pedod: July 10th and October 10th. The Department of Parks and Recreation agrees to abide by expectations detailed in this contract. '7 Proc~ram Budc3et Weed & Seed agrees to provide $16,000 toward the cost of educational enrichment services provided by New Innovations for the Delray Beach Parks and Recreation: Out of School Pro.qram/Safe Havens according to the schedule laid out below. Relevant support documentation will be required. New Innovations Deliverables: New Innovations K-2 school set New Innovations 3-5 school set Customized Lesson Plans- 6 months Pre & Post Assessments (reading & math for K-2 and 3-5 groups) Payment $2,000 $2,000 $3,000 Schedule Payable to New Innovations upon receipt Payable to New Innovations upon receipt Payable to New Innovations upon receipt $1,000 Payable to New Innovations upon receipt Staff Development- 4o hours to include approximately: · 1 - 4 hr. session of initial training · 12 weeks of staff support (1 hr. per site per week) · Monthly collection of pre and post assessments · Data calculation and reporting on prior month's assessments $8,000 First half ($4,000) payable upon completion of 1~t 6 weeks, second half ($4,000) payable upon completion of services rendered. Memo TO: Camlann,e, Kucmerowski, Agenda Coordinator~J. ~- From.' Sharon L Herrou, Weed & Seed Program Manag~4"'l,-.~ Date: April 29, 2004 Re.' Agreement: Parks & Recreation Computer lab/Seed Tech Attached, please find an agreement for funding and acceptance of funds from the Weed & Seed Initiative for use on behalf of the City of Delray Beach for the Parks & Recreation Department's Seed Tech computer lab. Under this agreement, the Weed & Seed initiative agrees to fund the salary cost of personnel to provide computer training in the SEED TECH computer lab of up to $2,800 per month (for a total of up to $47,600 over the 17 month period 5/15/04-9/30/05). SEED TECH, an innovative program to provide technological skills to underserved communities, has been relocated from the Delray Beach Housing Authority to Pompey Park. The Delray Beach Housing Authority has been paid for services rendered th through February 29 . The relocated SEED TECH lab will be administered by the Parks and Recreation Department's Pompey Park. Weed & Seed will supply equipment and funding for trainers to staff the lab. The Parks and Recreation Deparb-nent, Pompey Park, will utilize the SEED TECH program model, a copyright of the UTC (Urban Technology Center) to fulfill services beginning May 15, 2004 and running through September 30, 2005 (contingent upon EOWS approval of the FY 20042005 budget). The U.S. Department of Justice, Executive Office for Weed & Seed, awarded funds (disbursed on a reimbursement basis) to the City of Delray Beach for local initiatives such as this. The allocation of these funds is an eligible use of these grant funds has been approved by the Executive Office for Weed & Seed. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FROM WEED & SEED FOR USE ON BEHALF OF THE CITY OF DELRAY BEACH FOR THE DELRAY BEACH PARKS & RECREATION DEPARTMENT May 15, 2004 - September 30, 2005 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 4th day of May, 2004, from Weed & Seed to the City of Delray Beach on behalf of the Parks & Recreation Department for the establishment of a computer lab hereinafter referred to as "Seed Tech", having its principal office located at 1101 NW 2~d Street, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on May 4th, 2004, of up to $2,800 per month in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions: The awarded ROWS funds are allocated as follows: 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "DO J" means U.S. Department of Justice c. "EOWS" means Executive Office for Weed and Seed d. "Weed & Seed" means the Delray Beach Weed and Seed project e. "Seed Tech' means the Delray Beach Department of Parks & Recreation's Seed Tech Computer lab Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which Seed Tech will implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement must provide services to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Bird to the South. Seed Tech shall, in a satisfactory and proper manner as determined by Weed & Seed, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Reimbursement requests and programmatic reports should be submitted simultaneously. Weed & Seed agrees to disburse payments upon the receipt of each required "request for reimbursement" form, and receipt of required programmatic reports and necessary data (as determined by Weed & Seed), covedng the month for which reimbursement is requested. Disbursements will be available approximately the first working day of each month, commencing one month following the execution of this agreement and the receipt of required documentation described above and continuing through September 30, 2005. All services shall be performed in a manner satisfactory to the Weed & Seed. The funding shall not exceed the Commission approved dollar amount of $47,600 for the 17 month peded of May 15, 2004 through September 30, 2005. All release of funds shall further be in accordance with all = sections of this agreement and subject to the approval of the Delray Beach Weed & Seed Program Manager. Time of Performance: The effective date of this agreement and all dghts and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS, whichever is later. The services of the .Seed Tech shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of May 15, 2004 will be processed. All service required hereunder shall be completed by Seed Tech by September 30, 2005. 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 Seed Tech to Weed & Seed and approved by Weed & Seed prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed Program Manager. Records and Reports: Seed Tech agrees to provide the Weed & Seed Program Manager with monthly programmatic progress reports that outline Seed Tech program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request (due on or before the 10th of the month for the preceding month). Additionally, annual reports summarizing results for each fiscal year are due by October 10th (May 1, 2004 - September30, 2004 due Oct. 10, 2004 and Oct. I, 2004- Sept. 30, 2005 due Oct. 10, 2005). Reimbursement payments will not be released without the submission of the required reports (completed and accurate) to Weed & Seed, and on the resolution of monitoring or audit findings identified. Weed & Seed shall have the right under this agreement to suspend or terminate payments until Seed Tech complies with any additional conditions that may be imposed by the Weed & Seed or DOJ/EOWS. Seed Tech agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from October 1, 2005. Program. Generated Income: All income eamed by Seed Tech from activities financed by DOJ/EOWS funds must be reported to Weed & Seed. In addition to reporting such income, Seed Tech shall report to Weed & Seed the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by Seed Tech through this agreement, the prior wdtten approval of the Weed & Seed will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Cimular A-110 and other applicable regulations incorporated herein by reference. 2 10. Other Program Requirements (Civil Rights/Resident Opportunities): Seed Tech agrees that no person shall on the grounds of race, color, mental or physical disability, national odgin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the Weed & Seed shall have the right to terminate this Agreement. Seed Tech certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals. To the greatest feasible extent, Iow-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed funding of the project in annual reports, bulletins, publicafions, and other public relations activities of the grantee. Evaluation and Monitoring: Seed Tech agrees that Weed & Seed will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations} as determined necessary by Weed & Seed 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. Seed Tech agrees to furnish upon request to Weed & Seed and/or DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by the Weed & Seed. Seed Tech shall submit reports as outlined in #5 above and at other times upon the request of the Weed & Seed, information and status reports required by the Weed & Seed, and/or DOJ/EOWS on forms approved by Weed & Seed to enable evaluation of said progress and to allow for completion of reports as required of the Weed & Seed by DOJ. Seed Tech shall allow Weed & Seed or DOJ/EOWS to monitor Seed Tech on-site periodically. Such visits may be scheduled in advance or unscheduled as determined by the Weed & Seed and DOJ/EOWS. Audits and Inspections: At any time during normal business hours and as often as Weed & Seed, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there shall be made available by Seed Tech to Weed & Seed, DOJ/EOWS or the Comptroller General for examination all its records with respect to all matters covered by this agreement. Seed Tech agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. Weed & Seed will require Seed Tech 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 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A Certified Public Accountant of Seed Tech's choosing, subject to Weed & Seed's approval shall make the audit. In the event Seed Tech is exempt from having an audit conducted under A-133, Weed & Seed reserves the 3 11, 12. 13. 14. right to require submission of audited financial statements and/or to conduct a "limited scope audit" of Seed Tech as defined by A-133. Increased Availability: The intent and purpose of this agreement is to increase the availability of Seed Tech services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of Seed Tech. Seed Tech agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing pdor to this agreement. Using federal grant dollars to supplant existing funds is prohibited. Conflict of Interest Provision: Seed Tech agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of interest. Seed Tech further covenants that no person who presently exemises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by Seed Tech. Any possible conflict of interest on the part of Seed Tech or its employees shall be disclosed in writing to Weed & Seed, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. Suspension and Termination: If through any cause Seed Tech 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 Seed Tech shall violate any of the covenants, agreements, or stipulations of this agreement, Weed & Seed shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to Seed Tech of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, Weed & Seed shall pay the sub-recipient/Seed Tech for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the grant to Weed & Seed under Title I of the Omnibus Crime Control and Safe Streets Acts of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall be suspended or terminated effective on the date U. S. DOJ specifies and all payments are contingent upon the release of funds from the DOJ/EOWS. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the Seed Tech certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of 4 15. 16. Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall transfer to Weed & Seed any Weed and Seed funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed and Seed funds. Additionally, where applicable, equipment under the sub-recipient's central with a current fair market value of $5,000 or greater that was acquired with Weed and Seed funds, and is no longer needed by the Weed 8, Seed project, must either be used to meet one of the national objectives of the Weed and Seed Project OR the sub-recipient must provide compensation to the Federal awarding agency as indicated in OMB Cimular A-110 part 34. However, if for any reason this contract is terminated prior to the projected date of project completion, Seed Tech will return custody of all equipment and resources purchased through Weed & Seed funding to Weed & Seed custody if needed to continue project goals. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Weed & Seed. Seed Tech/Sub-recipient: Signed By: WITNESSES: ATTEST: Weed & Seed of Delray Beach CITY CLERK ~ "/~ '~~ ATTORNEyED AS TO FORM.' 5 CITY OF DELRAY BEACH, FLORIDA Signed By: Exhibit "A . Scope of Service Objective '1 Provide a minimum of 10 courses per week at a variety of times or (40 per month) Ex: Computer fondamentals offers 2 course options, Word Processfog: 2, Using the fotemet: 3, FCA T Study; 8 for a total of 15 courses offered weekly. Objective 2 Maintain lab houm to meet resident needs and availabitity Objective 3 Maximize the number of residents participating in the computer lab serving approximately 100 students per month. Activity/Task/ The Parks and Recreation Department will manage the project. They will hire and train computer Projects instructors with the UTC SEED TECH curriculum. Classes will be scheduled and promoted to the community. Participants will be tracked based on enrollment, residence, and course completion, Reports including this data will be supplied to the Weed & Seed Site Coordinator monthly. Implementation The Parks and Recreation Department will administer this project which will run from May 15, 2004- Plan September 30, 2005. Outcome · List number of classes offered per week/month Measures . Maintain weekend and evening hours (list lab hours) (Monthly · Number of residents from the target area enrelting in lab classes Reporting) · Number of enrolled participants which complete classes Program Reports The Parks & Recreation Department / Seed Tech lab agrees to provide the Weed & Seed Program Manager with monthly programmatic progress reports that outline Seed Tech program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each financial reimbursement request/invoice (due on or before the 10~h of the month for the preceding month). Additionally, annual reports summarizing results for the fiscal year will be due by October 10th (for funding period May 1, 2004 - Sept. 30, 2004, annual report due: Oct. 10, 2004; forfunding pe#od October 1, 2004- September 30, 2005, annual report due: Oct. 10, 2005). Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Proaram Bud~3et Weed & Seed agrees to provide up to $21800 per month up to a maximum of $47,600 for the 17 month period: May 15, 2004 - September 30, 2005 for personnel costs for computer trainers for the Seed Tech computer lab. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request, These documents are to be submitted by the 10th the month for the preceding month. Relevant support documentation will be required, Date: 4/28/04 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda __ Regular Agenda __ Workshop Agenda __ Special Agenda When: May 4, 2004 Description of agenda item (who, what, where, how much): Request approval of the following two a~eements: 1. Between the City. of Delray Beach/ Weed & Seed Project and New Innovations which authorizes payment of $16,000 to New Innovations for service provisions (educational enrichment services and curriculum provided to the Out-of-School Program (Safe Havens) / Department of Parks & Recreatior0. This is an approved use of grant funding through the Weed & Seed project. Educational enrichment services for Safe Havens has been budgeted for and approved by the Executive Office of Weed & Seed .(EOWS) / DOl. 2. Between the Weed & Seed Project' and the City. of DeL~ Beach, Parks and Recreation Department which authorizes payment of up to~ $47,600 for the 17 month period of May 15, 2004 - September 30, 2005 (contingent upon EOIVS approval of the FY 2004-2005 buret) for salary, costs associated with training personnel for the Seed Tech computer lab newly relocated to Pompey Park. Department Head~ Signature: City Attorney Review/Recommendation (if applicable): see signature on a~eements Budget Director Review (required on all items involving expenditure of funds): Funding Available: 7Ye~s / No Initials: ~ Account Number: '~7I-5-2125-521-83.01 Description Account Balance: $74,145.00 Funding Alternatives: N/A (if applicable) City Manager Review: Approved for Agenda: Hold Until: No Initials: Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~5 - REGULAR Mi~J~.TING OF MAY 4, 2004 PURCHASE AWARD/CENTRAL FLORIDA YAMAHA APRIL 30, 2004 This item is before the City Commission requesting approval of a purchase award to Central Florida Yamaha, Inc. in the amount of $15,950.00 for the purchase ora Carolina Skiff Rescue Boat/Dive Platform for the Fire Department. This is a replacement for a boat that was handed down from Ocean Rescue. Funds for this purchase are available from a donation received from Del Aire Country Club. Funding is available from 115~0000-248-64.00 (Paramedic Fund) Recommend approval of a purchase award to Central Florida Yamaha, Inc. in the amount of $15,950.00 for the purchase ora Carolina Skiff Rescue Boat/Dive Platform for the Fire Department. &\City Clerk\agenda meanos\Purchase Award. Central Florida Yamaha. Fire Dept.05.04.04 FIRE-RESCUE DEPARTMENT DEI. RAY BEACH Ali-America Ci~ 1993 2001 HIGHLAND BEACH MEMORANDUM To: From: Date: Subject: David T. Harden, City Manager Kerry B. Koen, Fire Chief April 23, 2004 Purchase of a Rescue Boat I am requesting approval for the purchase of a Carolina Skiff Rescue Boat/Dive Platform in the amount of $15,950.00 from Central Florida Yamaha, Inc. as low bidder. Funds for this purchase are available from a donation received from Del Aire Country Club and deposited into category # 115-0000-248-64.00. Thank you for your consideration in this matter. KBK/tw Kerry B. Koen Fire Chief FIRE RESCUF DEPARTMENT RFADQUARTERS. 501 WE~T ATLANTIC AVENUE · DELRAY BEAC,~{, FLORIDA 33444-2555 '; i~oXms · MOTOI~S · FISHING TACKLE · MARINE ELECTRONICS · MARINE EQUIPMENT · BLUE WATER SPOI'~' CLOTHING · WATER SPOEq'S EQUIPMENT L~ F~,~r Dc~- 1002 NO. DIXIE HWY.., LAKE WORTH, FL 33400 TEL. $61-582-g012 , FAX $~I-E,86-7931 FEB-21-2004 11:07 TCBC STUART 561 28? 28?8 'I'/4 A UR COAST BOATING CENTER, INC. , PURCI-IASE AGREEMENT ~420 S, Federal Highway StUart, Florida 34994 (772) 28%9800 Fax (772) 287-2878 P.02/02 [] D.B,A. Key Largo Boadng Center 98150 Overseas Highway Key Largo, FL 33037 (305) 852-3130 · Fax (305) 852-73Y~ A~DRESS ~j CITY w: SUBJECT TO THE TERMS AND CONDITIONS STATED ON BOTH S~DES OF THIS AGREEMENT SELLER AGREE~ TO SELL ANO THE PURCHASER AGREES TO PURCHASE THE FOLLOWING DESCRIBE~OPERTy; ~pPLETED REGISTRATION ~ PICK UP 0 EXPRESS MAIL OPTIONAL EQUIPMENT ' ~ BAKERY & TIRE FEE I E~ENOED SERVICE CONTACT OPTIONAL ~OUIPMENT CARRIED FORWARD ~ DEPOSIT ~ CASH OR CErTiFIeD gUNDS ALL USED BOATS, MOTORS AND TRAILERS WHICH ARE ~ [ U~ECT OF THiS ON DELIVERY S CONTRACT ARE BEING SOLD ON AN 'AS IS~ BASIS, THE ENTIRE RISK AS TO TH~ OUALI~ AN~ PERFORMANCE OF THIS UNIT IS W~H THE PURCHASER. AMOUNT TO BE FINANCED DESCRIPTION OF T~DE.IN TOTAL P.02 Date: 04/22/04 AGENDA ITEM NUMBER: Request to be placed on: __ Consent Agenda When: 05/04/04 AGENDA REQUEST X Regular Agenda Description of agenda item (who, what, where, how much): __ Workshop Agenda Fire-Rescue Department recommends purchase of a Carolina Skiff Rescue Boat/Dive Platform. The total cost is $15,950.00. Funding is available from a donation received from Del Aire Country Club and deposited into category #115-0000-248-64-00. __ Special Agenda Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Offamds): Funding Available: Yes / No Initials: Yes Account Number 115-0000-248-64-00 Description Paramedic Fund Account Balance: $ 60~ $5~ ~'~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:~/ Hold Until: Agenda Coordinator Review: Received: No Ini~i0s: ~ TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~2~'-V" -REGULAR MEETING MAY 4. 2004 DI~.I.RAy BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST APRIL 30, 2004 This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family under the Delray Beach Renaissance Program for the following property: · $22,500.00 for N.W. 8~" Avenue This is for new construction. This subsidy brings the total to 159-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $22,500.00 for this subsidy award is available from 118-1924-554- 49.20 (Home Owner Subsidy). Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined ~bove. S:\City Clerk\agenda memos\RenatSSance Prograsm05.04.04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Debra Garcia, C. D. Specialist Lula Butler, Community Improvement Director JD April 29, 2004 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program. This subsidy brings the total to 159 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In parmership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. The initial agreement was extended for a term of one year in 1999 and 2000 by all partners and the City Commission. A new Memorandum of Understanding beginning October 1, 2001 through September 30, 2004 was approved by all parties and the City Commission on February 19, 2002. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's panner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATION Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant/family of the following property: New Construction xxx N.W. 8th Avenue $22,500.00 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Bonita D. Albritton PROPERTY ADDRESS xxx NW 8th Avenue (12-43-46-16-01-001-0160) _ LEGAL DESCRIPTION: Town of Delray, N. 50 Ft of S 207 Ft of West 135 Ft of S. 1/2, Blk 1 % OF AREA MEDIAN HOUSEHOLD INCOME 60% NO. IN HOUSEHOLD ~ FIRST MORTGAGE RATE 6.0000% LTV 86.000% PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION $ 92,000.00 COST OF LOT $ 27,000.00 COST OF EXISTING UNIT $ N/A COST OF DEVELOPER'S FEE $ 3,500.00 Estimated Pre-paids (Lender 1003) $ 1,199.92 Estimated Closing Costs (Lender 1003) $ 5,593.00 TOTAL TRANSACTION: $ 129~292.92 FIRST MORTGAGE $ 102,000.00 TOTAL SUBSIDY $ 22,500.00 Second Mortgage $ 19,000.00 Developer's Fee $ 3,500.00 Estimated Cash To/From Borrower (Lender 1003) $ 4,792.92 CiW of Delrav Beach (SHIP) Delray Beach Renaissance Program File Narrative Homebuyer: Date Drafted: Partner Agency: Developer/Builder: Location: Funding Source(s): SHIP Track Year: Subsidy Amount(s): First Mortgage: Lender: Unit Cost: Land Cost: Renaissance Partner Fee: Bonita D. Albritton April 23, 2004 Center for Technology, Enterprise and Development Don Clay Construction xxx NW 8th Ave, Delray Beach, FL 12-43-46-16-01-001-0160 State SHIP 2003-2004 New Construction $22,500 $102,000.00 Republic Bank $119,000.00 $ 3,500 ** To Be Distributed Separately by CD Division** Narrative Bonita Albritton is a hard working mother of four children, Bria Askins, age 9, Devin age 7, Devante age 11, and Dianadra age 15. Ms. Albritton has an annual income of $29,525.86 and receives child support in the amount of 806.48 monthly. The family of five is at 60% of the median income. Ms. Albritton would like to construct a home on property located at xxx NW 8th Avenue. The three bedroom/two bath home has approximately 1,566 sq. ft. of living space. Employment Income Basis Dept of Children & Families $29,525.86 ($1,135.61 x 26/week) (Regular Wages) Child Support $ 9,677.76 ($806.48 x 12 mths) Assets Income Basis Washington Mutual (checking) Asset Income Retirement '401k) $356.00 Income Basis $7,412.31 (x 2%= 148.46) SHIP Imputed Income From Assets: (If assets exceed $5,000, impute income by multiplying total net family assets by the passbook rate specified by HUD, which is 2 percent.) Total Annual Household lncome: $39,352.08 Conclusion Based on the Albritton's income as reported, the entire household is determined (in accordance with the 2003 FHFC Income Limits) to be at 60% of MFI for a five (5) member household. The household does not exceed the Iow income limit of $54,250 and is therefore eligible for up to $22,500 in subsidy under the current Renaissance Program Agreement. A total subsidy in the amount of $22,500 from SHIP funds is recommended (based on need as requested by the TED Center). s:renaissance program/SHIP,file nan'ative Agenda Item No.: AGENDA REQUEST Request to be placed on: X Regular Agenda __. Special Agenda __ Workshop Agenda __ Consent Agenda Date: April 29, 2004 When: May 4, 2004 Description of item: Authorization and approval to issue subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program totaling $22,500.00 Note: This applicant brings the total homeownership assistance grants provided under the Renaissance Program to date to 159. Recommendation: Staff recommends approval of the one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $22,500.00 Account Number: 118-1924-554.49.20 Department Head Signature: ~~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: E~__$~O Funding Alternatives: Account No. & Description: Account Balance: ~0/~'7.. d/~ (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: £1T¥ OF DELRI:IV BEI:I£H DELRAY BEACH 100 NW ~st AVENUE Ali-America City 1993 2001 FROM: MF..MORANDUM David T. Harden, City Manager ~J~obert A. Barcinski, Assistant City Manager DELRAY BEACH FLORIDA 33444 DATE: April 27, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MAY 4, 2004 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for June 24, 2004 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue (one lane) from N.E. 7th Avenue to just past the Blue st nd Anchor Pub, Railroad Drive from Atlantic to N.E. 1 Street, and NE 2 Avenue from Atlantic Avenue to NE 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash and clean up assistance. The street closure will be from 3:00 p.m. to approximately midnight. BACK~iROUND Attached is a permit request for approval and City assistance for this event from Marjorie Fen'er. The estimated overtime cost for this event is approximately $6,370. Actual overtime costs for January's event were $7,400. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. Per our event policy the Joint Venture will be required to pay 50% of all costs over $5,000. RI!COMMF. NDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested. RAB/tas CCi Lt. Geoff Williams Asst. Fire Chief Bill Adams Joe Weldon Harold Bellinger Jim Schmitz Filc:u:sweency/cvcnts Dec: Agenda Art and Jazz on the avenue 051304 THE EFFORT ALWAYS MATTERS  City of Delray Beach P~m~"'~^SU CEIVED Special Event Permit ~ ~ ~A~,,~ 1 £ ~111]4 Application , ~!~3~: ~Y MANAGER PLEASE P~NT 2o0~ Event Approved/Denied Date of Approval/Denial Approved/Denied by. Title Event Name/Title: /~;f" J ~ 2- 2- ~/./ f3/~--~ /Y'~'r¢/_) Event Date(s).~ Ev(~nt' Time(s): 3. Event Sponsor/Producer: 12. 13. 14. 15. 16. 4. Event Contact/Coordinator: ,4~,¢ ~ ~-,~y~ /--'¢-~¢~ ~z_ 5. Address: ~ ~ 5' ~- Dc=~A 6. TelephoneNumber:~-13¢¢~ 16 Cellular Number: ~i-E/~ 7. E-mailAddress: ~%¢~t~ ~ ~v ¢~cH, 8. Event Description: ~T ~ ~4z~ ~ Fff~ ~M~- /Z A~ ~'V~T (If neighborhood block patay, then please skip questions ~0-35' and go to question ~36) 9. Sponsor Catego~: (please ~eck) City ~ Non-Pro~Charitable D Private~ Co- Sponsor- Non-Pro~FPrivate D (If Non-profit attach proof of S~c(3) or(d)) 10. EventLocation/Address. ~/~ ~¢~ ~ Site plan at~ched: ' yes' ~ no (Site plan required for entire event site) Event budget attached: yes (Required for all events) no Se~ing or selling alcoholic beverages: yes, no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event cedificate of insurance a~ached: yes ~ no (Required ~o (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes (Waiver required) Requesting Police assistance: yes. (Traffic control/security) no no 17. Will supplement with private security: yes (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes 19. Requesting barricade assistance: yes 20. Requesting trash removal/clean up assistance: yes, 21. Requesting trash boxes and liners: yes 22. Requesting stage use: yes (If yes, check type) Large stage covered [] stage [] 23. Requesting signage: Type: Event sign Banner hanging. 24. no X. no /~ )4 no ~ no 74, no no~<" Large stage no cover [] Small stage [] Half small yes no Directional signs Indicate dates required ! ~'~e~ (Waiver required if more than one (1) week prior to event) Food and beverage vendors: yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor 25. Health Department approval: yes no ~ 26. Other vendors: yes no 27. Tents: yes no ~ (If yes, tent permits and fire inspections maybe needed)..~c¢.~/_ro~ /5~7t¢¢ 28. Will the event include amusement rides? yes no ~ (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider) 29. Will the event be gated? yes no X (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no ~ (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no ~ (If yes, contact Fire Marshall) 32. 33. 34. Will you be providing port-a-lets for the event? yes ~' no (if yes, locate on-site map. If no, indicate how you will handle restroom needs) ~/t/ 5/ /-~ Will there be a charge for the event? yes no .~" (If yes, indicate ticket prices) Is reserved parking requested? yes no (If yes, indicate locations) ' 2 35. Neighborhood Block Parties (Neighborhood block parties only) · Is event sponsored by the Homeowner's Association? yes__ no (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following:l) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the Event Contractor/Coordinator Please print: ./~,4/~Z)~ I C~ Date I / / Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only I ,. Date Received x~ l°l]OC/ ~ Site map,. Budget v/'~ Certificate of insurance-'~-r Hold Harmless agreement ~- Security plan ' Waiver alcoholic beverage... Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval ..... City Commission approval Application fee received ACORD. CERTIFICATE OF LIABILITY INSURANCE OF,D DOWNT-2 / 12/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Plastridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 N. E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beach FL 33447-0730 Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER B: Downtown Delray Beach Joint 64 S.E. 5th Avenue Delray Beach FL 33444 INSURERD: THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC]ES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR INSRI TYPE OF ~NSURANCE POLICY NUMBER DATE {MM/DD/YY) DATE {MMIDD/~I~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 10 0 0 0 0 0 A X X~ COMMERCIAL GENERAL UABIUTY, ~ CLS0737702 01/23/04 01/23/05 PREMISESIJ~%l~ lU h~ENI t=U(Ea cccurence/ $50000 I CLAIMS MADE X[~ OCCUR MED EXP (Any one pe~on) $ excl -- PERSONAL & ADV INJURY $1000000 -- GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ excl ~ POLICY ~]PRO- JECT ~ LOC AUTOMORILE LIABILITY -- COMBINED SINGLE LIMIT ANY AUTO (La accident) $ ALL OWNED AUTOS -- BODILY INJURY SCHEDULED AUTOS (P~r person) $ HIRED AUTOS '-- BODILY INJURY NON-OWNED AUTOS (Per accident) $ -- PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $  ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S I OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ EMPLOYERS' LIABILITY OFFiCER/MEMBER EXCLUDED? E,L DISEASE - POLICY LIMIT $ SI~E CIAL PROVISIONS bek~w u=a~Kl~ ~OH OF OPERATIONS I LOCATIONS ! VEHICLES ! EXCLUSIONS ADDED BY ENDO~gM~NT I SPECIAL PROVISIONS Special Events - 5 Art & Jazz on the Avenue/ 8 S~m~er Nights on the Avenue / Balloon Glow. The City of Delray Beach is listed as additional insured with respect to General Liability ONLY. m~CATE HOLDER CANCELLATION CITYD-1 SHOULD ANY OF THE AROVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPiRATiOi DATE THEREOF, THE ISSUING INSURER W1LL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICAI~ HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL city of Delray Beach IMPOSENOOBLIGATIONORLIABILITYOFANYKINDUPONTHEINSURER, iTSAGENTSOR 100 N.W. 1st Avenue REPRESENTATIVES. © ACOK13 CORPORATION 198 ACORD 25 (2001108) SPECIALEVENT HOLD HARMLESSAGREEMENT The Downtown Delra¥ Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from and in exchange for the Downtown Delra¥ Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of *ART & JAZZ and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from the special event of ART & JAZZ (Name of Entity) * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Special Event) Witness Pdnt Name Witness name Mi~t~ael Listick, Chairf~an Delray Beach Joint Venture Michael Listick Print Name MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~X] - REGULAR MEETING MAY 4. 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD AI~rrlONS DATE: APRIL 30, 2004 Attached is the Report of Appealable Land Use Items for the period April 19, 2004 through April 30, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\ apagmen~05.04,04 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER JfSMIN ALLEN, PLANNER MEETING OF MAY 4, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS APRIL 19, 2004 THRU APRIL 30, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 19, 2004 through April 30, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (4 to 0, Mark Krall stepped down, Diane Borchardt and Joe Pike absent), a master plan modification in conjunction with an internal adjustment request to allow a reduction in the front setback from twenty feet (20') to fifteen feet (15') for certain specified lots within Sabal Lakes Phase IV, located at the southeast corner of Barwick Road and Sabal Lakes Road. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (4 to 0, Mark Krall stepped down), of a conditional use request to allow the establishment of a boat manufacturing facility for Apache Offshore Powerboats, located on the south side of Southridge Road, approximately 210 feet west of South Swinton Avenue. Recommended approval (4 to 0, Jill Woehlkens stepped down), of an abandonment of a portion of Canal Street right-of-way lying at the northwest corner of N.E. 1st Street and the Intracoastal Waterway. Recommended approval (5 to 0), of an abandonment of a portion of Avenue K lying west of South Federal Highway (U.S. 1) and a portion of Dixie Boulevard lying north of Lindell Boulevard. City Commission Documentation Appealable Items Meeting of May 4, 2004 Page 2 Recommended approval (5 to 0), of an amendment to the Land Development Regulations by repealing Sections 2.4.6 (D) and (E) in their entirety, repealing Section 4.6.7 in its entirety and enacting a new Section 4.6.7 "Signs", updating the Sign Code and amending Appendix "A" "Definitions" relating to signs. Tabled (5 to 0), the amendment to the Land Development Regulations Section 4.6.9(E)(3) "In- Lieu Fee" and amending Appendix "A" Definitions by enacting a definition for new development or redevelopment. · Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.6.15(G) regarding swimming pool setback requirements. Recommended approval (4 to 1, Kenneth Peltzie dissenting), of an amendment to the Land Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board. Approved (5 to 0, Roger Cope and Dan Carter absent), a request for flat wall signs for Delray Shores Pharmacy, located within Congress Commerce Center, at the southeast corner of Congress Avenue and Lake Ida Road (601 North Congress Avenue). Approved (5 to 0), a Class I site plan modification associated with modifications to the gate house and entryway landscape improvements for Pelican Harbor, located north of the C-15 Canal, between South Federal Highway and the Intracoastal Waterway. Approved (5 to 0), a Class I site plan modification associated with the installation of a 5' high corrugated fence system in lieu of the previously approved cbs privacy wall for Downtown Lofts, located on the east side of SE 4th Avenue, between SE 1st Street and SE 2"d Street (103 SE 4th Avenue). 4. Approved with conditions (5 to 0), a Class III site plan modification and architectural elevation plan associated with the establishment of a new service write-up area for Maroone Dodge, located at the northwest corner of Linton Boulevard and SW 10th Avenue (1001 Linton Boulevard). 5. Approved with conditions (5 to 0), a Class IV site plan modification, landscape plan and architectural elevation plans associated with the expansion of the Community Primitive Baptist Church, located approximately 300' north of West Atlantic Avenue, between NW 10th Avenue and NW 11th Avenue (33 NW 11th Avenue). Concurrently, the Board approved the following waivers: · Reduced the required minimum stacking distance along NW 10th and 11th Avenues from 20' to 5'5" and 13' 7" respectively. · Reduced the required 20' site distance triangles at the intersection formed by the driveway and NW 10th Avenue to 7' and 5'5". · Reduced the required minimum landscape buffer along a portion of the north side of the property from 5' to 2'3" and at the southwest perimeter of the property from 5' to 3'2". 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. City Commission Documentation Appealable Items Meeting of May 4, 2004 Page 3 Recommended approval (5 to 0), of an amendment to the Land Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board. X. Approved with conditions, a Class V site plan on a 3 to 2 vote (John Miller absent; Francisco Perez-Azua and Maura Dersh dissenting; and, Jeffrey Silberstein stepped down), the landscape plan (5 to 0) and amhitectural elevations (5 to 0) for Ascot, a proposed three story office building containing 3,219 sq. ft., located at the southwest corner of NE 2® Street and NE Ist Avenue. Concurrently, the Board recommended approval of the following waivers: · Reduced the required stacking distance along NE 1st Avenue from 5' to 2'6" · Reduced the required landscape buffer between the vehicular use area and the adjacent western property line from 5' to 2'. · Reduced the required landscape buffer between the vehicular use area and the adjacent east property line from 5' to 1'6". An appeal of the Board's decision regarding the Board's action (conditions of approval) has been submitted by the applicant thus the project has been scheduled for a quasi-judicial hearing at the City Commission meeting of June 1, 2004. No other appealable items were considered by the Board. However, the following items were considered by the Board: Approved (6 to 0), a request for a variance to reduce the side interior building setback from 7.5' to 4' for the Sheehan Residence, a contributing structure located on the south side of NE 5th Street, east of NE 2nd Avenue (214 NE 5th Street). Recommended approval (5 to 1, Randy Schatz dissenting) of an amendment to the Land Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board. By motion, receive and file this report. Attachment: Location Map. CI1Y OF DELRAY BEACH, FLORIDA ~_, ~ ........... ~ ~ )~ ~1 / lU~, ' ~ ~ , P & Z HPB A. SABAL ~KES PHASE IV X- ASCOT SP~B 1. DEL~ Y SHORES PHARMACY ONE M~LE (CONGRESS COMMERCE CENTER) ~PH~C SCA~ 2. PELICAN HARBOR 3. DOWNTOWN LO~S 4. MAROONE DODGE c~ oF DEL~ ~ B~C~, FL 5. COMMUNI~ PRIMITIVE BAPTIST CHURCH ~RCH ~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM # ~k~d - REGULAR MEETING OF MAY 4. 2004 AWARD OF BIDS AND CONTRACTS DATE: APRIL 30, 2004 This is before the City Commission to approve the award of the following bids: Contract award to Jones Company of South Florida in the amount of $274,237.87 for retention ponds at N.W. 18t~ Avenue, N.W. 15~ Avenue, and S.W. 7'h Avenue. Funding is available from 448-S470-538-6S.44 (Stoma Water Utility Funds/N.E./N.W. Area/Lake Ida to Atlantic) and 448-5470- 538-65.58 (Stoma Water Utility Funds/Other Improvements/S.W. Area Improvements). Purchase award to Dural Ford in the amount of $28,000.00 via the Florida Sheriffs' Association Contract for the purchase of one (1) Police pursuit vehicle to replace one which was involved in an accident. Funding is available from 501-3312-591-64.20 (Vehicle Replacement). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.05.04.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager William A. Grieve, P.E., Assistant City Engineer April 28, 2004 Retention Ponds at NW 18th Ave., NW lSth Ave. and SW 7th Ave. Contract Award Commission Agenda Item Project # 2003-062 The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with The Jones Company of South Florida. This Contract is for Retention Ponds at NW 18th Avenue, NW 15th Avenue and SW 7th Avenue. These improvements include: the excavation and sodding of the three (3) retention ponds. The furnishing and installation of storm water drainage pipe and storm drainage structures, also include are swale improvements, sidewalk and associated miscellaneous improvements. Total cost for this Contract is $274,237.87. Funding is provided as follows: Account # Description Contract Account Amount Balance 448-5470-538-65.44 448-5470-538-65.58 $'vV 18th Avenue and NW 15th Retention Ponds - Base Bid and Alternate "A" SW 7th Avenue Retention Pond - Alternate "B" Total $205,933.37 $68,304.50 $274,237.87 *$205,933.37 *$68,304.50 $274,237.87 * After Budget Transfer The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the May 4, 2004 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdmin~Projects~2003~2003-O62tOFFICIAL~fay 6 2004 agendamemo, doc ~ ~ ,~,._ 2ND ?i ATLANTIC AVENUE CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP RETENTION PONDS 2003-06Z 1 OF1 Date: April 27, 2004 AGENDA ITEM NUMBER: ~(~- AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda May 4, 2004 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with The Jones Company of South Florida. This Contract is for Retention Pond NW 18th Avenue, NW 15th Avenue and SW 7t~ Avenue. These improvements include: the excavation and sodding of three (3) retention ponds. The furnishing and installation of storm water drainage pipe and storm drainage structures, also include are swale improvements, sidewalk and associated miscellaneous improvements. Total cost for this Contract is $274,237.87. Funding is provided as follows: Account # Description Contract Account Amount Balance 448-5470-538-65.44 448-5470-538-65.58 NW 18th Avenue and NW 15th Retention Ponds - Base Bid and Alternate "A" SW 7th Avenue Retention Pond - Alternate "B" Total $205,933.37 $68,3O4.5O $274,237.87 *$2O5,933.37 *$68,304.50 $274,237.87 * After Budget Transfer Staff Recommendation: ~ Approval , f) Department Head Signature':~.~( ~ Ot/~Tb~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:Q No Initials: Yes, After Budget Transfer ~ Account Number Description Account Balance: Funding Alternatives: See above See above See above (if applicable) S:\EngAdmin\Projects\2003\2003-062\OFFICIAL\May 6 2004 agenda.doc City Manager Review: Approved for Agenda: ~..~No Initials~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2003\2003-O62\OFFICIALXMay 6 2004 agenda.doc PUBLIC WORKS MEMORAN-1}UM TO: David T. Harden, City Manager FROM: THRU: DATE: William E. Darty, Flee~ Superintendem James Schmitz, Interim Public Wor~ctor April 28, 20O4 SUBJECT: CITY COMMISSION MEETING MAY 5, 2004 BID AWARD - REPLACEMENT PURSUIT VEHICLE Action City Commission is requested to approve a bid award for the replacemem of a City vehicle per staff recommendation. Funding is available in account 501-3312-591-64.20 (Vehicle Replacement). Baek~ound A City police pursuit vehicle was involved in an automobile accident. Intercity Auto Appraisal inspected the vehicle and ruled it a total loss. Recommendation Staff recommends the bid award from the Florida Sheriff's Association Contract. The value is $11,850.00 with a replacement cost of $28,000.00. The vehicle will be purchased from Duvai Ford. Funding is available from the FY03-04 budget in City Garage Accoum #501-3312-591- 64.20. Attachmems (2) FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRF- CHIEFS' ASSOCIATION FORO CROWN WC?ORIA Specification #01 (Pursuit- RWD) The Ford Crown Victoria (P71/720A) purchased through ~h~.~ contract comes with all the standard equipment as specified by the manufacturer for this model and _:,F~_ 's base vehicle ppeciflcation{s) requirements which are included and made a part of this contract s vehicle base ii'ice as awarded by spec/flcation by zone. iI,~ zoo: . Wos~e~ * No--',',~., ~C~"t~-~ .V'/%×, So~.r~ BASE PRICE: 018,570.00 018,524.00 ~1:8~54~.~~ $18,~,~. ~0~., While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often z'equested by participating agencies for full size vehicles, we re-]t~e equipment needs and preferences are going to vary from agency to agency, in an effort to incorporate flexibility into our program, we have created specific add/delete options which al/ow the purchaser to tailor the vehicle to their ps. rUcular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the tota/ cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An ofllcial ltsflng of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. -k = Specification Low Bid /.~['D FOR DEI,ET~/ADo OPTIONS Eve~ lthe will require a DOLLAR VALUE or one of the followh~ abhreviaUons: Std. = mantffactur~sstsndardequtp. Incl. = included with base specs. not appl/cable to the v~hl01e -- = o~oUon not bid b~ vendor Bid Award Announcement (03-11-0825) VE~rICLE: DEALER: zoNE: BA~. pRICE: Crown Vic Crown Vic Crown Vic Crown Vic Orville Dural Duval Mike Davldson Western ~ Northern -k Central ~r Southern 518,570.00 $18,524.00 $18,547.00 $18,669.00 Order Code Delete Options 58F H 5" round dome lamp AM/FM radio Heavy duty padded cloth bucket front seats with rear cloth bench seat N/C $ 50.00 Northern Central Southern N/C N/C N/C -- -- $ 45.00 N/C N/C $ 50.00 Order Code 68P 65W 750A 41A 642 58H 45C P 2lA 128 948 525 D3K k ~177 53M 478, 59M 14T 61H ' Add Options Police prep package Visibility package (Requires 68P) Street appearance group Comfort and convenience group ~ wheel covers AM/FM rad/o/single CD AM/FM radio/cassette Limited slip differential Cloth split bench - front Driver seat only- 6 way power . ~,n,t door moldings ~/aned) R~f~60~ lo~ks ~/'handtes inoperative ' R6al~ ~ inOPerative Legal deep tinted film, lifetime warranty, dealer lnst~l~ed Speed con~o! ThL,-d k~ Remote keyless entry, dealer installed Keyed alike !¢Ierlt visors - stick-on style $ Rainshields - ~e style $ Silicone hoses $ Radio noise suppression $ Courtesy light disabled , $ Side air bags $ Kevlar trunk package $ Ignition powered trunk $ button, factory installed Class III hitch 2" bal/, $ dealer installed Anti-theft, Tremco, $ dealer installed $ $ $ Western $ 1,995.00 $ 995.00 $ 700.00 $ 860.00 $ 35.00 $ 460.00 $ 125.00 $ 90.00 $ 380.00 N/C $ 125.00 $ 25.00 $ 25.00 $ 245.00 Northern Central $ 1,995.00 $ 1,995.00 $ 995.00 $ 995.00 $ 130.00 $ 130.00 $ 860.00 $ 860.00 ,, 35.00 $ 35.00 425.00 $ 425.00 285.00 $ 285.00 125.00 $ 125.00 9o.oo $ 90.00 380.00 $ 380.00 /~ N/C ~$ 125.00 $ 11~,%00 /e 25.00 $ 25.00 5 425.00 $ Southern $ 1,995.00 $ 995.00 $ 130.00 $ 860.00 35.00 285.00 125.00 90.00 380.00 t5.oo 125.00 25.00 25.00 190.00 225.005225.005225.005225.00 135.00565.00565.00578.00 349.005395.005395.005498.00 50.008 50.00 $ ~i 50,00 92.00878.005 83.00 130.00873.008 99.00 320.005320.005320.005320.00 95.00 $ 95.00 4 95./30 $ 95.00 20.008 20.00 $ ~5~ 20.00 30o.00 $ 300.0o $ aoo.00.. o.oo , ,,o.oo , 180.00 $ 133,00 $ 133.00 $ 139.00 Bid Award Announcement (03-11-0825) 41 VEHICLE: DEALER: zONE: RA~E pRICE: Crown Vic Crown Vic Crown Vic Crown Vic Orville Duval Duval Mike Davidson Western ~ Northern i- Central -i- Southern $18,570.00 $18,524.00 $18,547.00 $18,669.00 order Code Add Options (cont'd) Western 54G 760A 66F 187 189 Lockl~ gas cap Natural gas engine 4.6L Two*tone paint Recharge. able mag light Priority start/battery saver Accessory feed wires for police equipment Roof wiring with hole Roof w/ring without hole Lights; safety alternate flashing 4" red/blue mounted underside of decklld - dealer installation acceptable Rear deck warning lights - $ red and or blue, flashing Left-hand pffi/u-'m6tiinted $ 6" spotlight with dlear halogen bulb Roof Mounted Llghtbar $ Whelen Ultra STROBE/ LED Package: (Red/Blue Version) 9U72800 - Ultra Bar with 12 Strobes; 9UALY- I Pair Alley Lights: 9UTD2 - 1 Pair Take Down Lights: 9UDFFLRB - Two Duplex LED Front Flashers Red/ Blue; 9UDRFLAA - Two Duplex LED Rear Flashers Amber/Amber; IvlK* - Strap Kit; BL627 - Siren Amplifier MPC01 - Siren/Light Controller; SA314P- Speaker; SABKT* - Speaker Bracket SW~BK"I' - Swing Bracket $ (OpUon) Note: Bar has two front and two rear LED flashers. Roof Mounted Lightbar $ Whelen Ultra STROBE/ LED Package: (Blue Version) 9U72800 - Ultra Bar with 12 Strobes; 9UAL¥- I Pair Alley Lights; 9UTD2- I Pair Take Down Lights; 9UDFFLBB - Two Duplex Northern Central Southern $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 5,145.00 $ 5,145.00 $ 5,145.00 NA $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 145.00 $ 126.00 $ 126.00 $ 139.00 $ 196.00 $ 135.00 $ 135.00 $ 127.00 Std. $ 95.00 $ 95.00 $ 95.00 $ 195.00 $ 195.00 $ 195.00 $ 195.00 $ 85.00 $ 85.00 $ 85.00 $ 85.00 $ 219;00 $ 198.00 $ 198.00 $ 199.00 196.00 $ ' 198.00 $ 198.00 $ 199.00 19o.oo $ ~19o.oo $ ~$ 19o.oo 2,595.00 $ 2,265.00 $ 2,265.00 $ 2,223,00 170.00 $ 79.00 $ ~~ 99.00 2,795.00 $ 2,363.00 $ 2,363.00 $ 2,321.00 42 Bid Award Announcement (03-11-0525) VEHICLE: DEALER: zoNE: BA~E PRICE: Crown Vic Crown Vic Crown Vic Crown Vic Orville Duval Dural IVIlke Davidson Western * Northern * Central * Southern $18,570.00 $18,524.00 $18,547.00 $18,669.00 Order Code Add Options (con~d) Western Northern NEB GEM PB100A12 ~p PB 100A16 PB300 FHL2 %FA5 P2200 E/Z RIDER ~E.S.C.U.E. COOL-G Comer Strobe Kits - $ 370.00 $ 389,00 Soundoff Kit with 4 clear tubes, 6 outlet, 60w Nebula power supply, 2-15', 2-30' cables Comer Strobe Kits - $ 390.00 $ 469.00 Soundoff Kit with 4 clear tubes, 6 outlet, ll0w Gemini power supply, 2-15', 2-30' cables Rear Transport Seat - $ 690.00 $ 565,000 Laguna System 3P Rear Transport Seat - $ 590.00 $ 549.00 Pro Gerd 6000 Series Setina PB100A12 - 12" $ 390.00 $ 243.00 Aluminum Push Bumper Setina PB100A16 - 16' $ 420.00 $ 250.00 Aluminum Push Bumper Se.,~[]~..3~.00 Push Bumper $ 320.00 $ 256.00 C~ 5000,~Series~. $ 370.00 $ ~ 264.00 Federal FHL2 Flasher $ 120.00 $ 114.00 Federal FA5 Flasher $ 130.00 $ 114.00 Whelen UHF2150A $ 120.00 $ 114.00 ~1/) "S~fl/~t '~a~, .' $ 790.00 $ 598.00 Cage with sliding window, full width lower extension panel, dealer installed Pro-Gard P2200 Series $ 690.00 $ 598.00 Polycarbonate (Lexan) Cage with sliding window, full width lower extension panel, dealer installed E/Z Rider K-9 Co~t~tner. $ 1,695.00 $ 1,544.00 All aluminum In-Vehicle (rear seat area) K-9 Co~t~trler to protect the public, officer, K-9, and vehicle. Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices. R.E.S.C.U.E. Electronic $ 690.00 $ 451.00 Remote Rear Door Opening system to be used with the E/Z Rider K-9 Container. Al/owe the officer to release the K-9 from the vehicle from a remote position. CoolGuard Heat Alarm $ 620.00 $ 430.00 System to be used In a K-9 vehicle. Warns officer when dangerously high temperatures are inside the vehicle. Centr~ Southern $ 389.00 $ 398.00 $ 469.00 $ 448.00 565.00 $ 547.00 549.00 $ 428.00 243.00 $ 269.00 250.00 $ 276.00 3.oo 114.00 $ 99.00 114.00 $ 109.00 ~0 ,0~ 598.00 $ 599.00 $ 1,544.00 $ L694.00 $ 451.00 $ 579.00 $ 430.00 $ 529.00 Bid Award Announcement (03-I 1-0825) 49 VEHICLE: DEALER: zONE: BASE pRICE: Crown Vic Crown Vic Crown Vic Crown Vic Orville Dural Duval Mike Davldson Western i Northern ~ Central i Southern $18,570.00 $18,524.00 818,547.00 $18,669.00 Order Code Add Options (cont'd) 5/75B 5/75E: 5/75P 59C 68G WgM DWL DFK 185 65A P-GS 553 C. omplete set of shop .manuals ~ 5/75 Manufacturer's Extended Base Care Warranty ($0 deductible) See Page 866 5/75 Mamffacturer's Extended ~ Care Wairanty (80 deductible) 5/75 Manufacturer's $ Extended Power Train Warranty ($0 deductible) Ajustable pedals Laminated security glass Whelen {FSA) 8 strobe light & siren pkg. with speaker Flex fred) work light with reheostat Deluxe/h-st aid kit Lateral bow {root) $ reinforcement Base police prep. pkg. Prewire grill lamp/siren speaker Traction control Western Northern $ 245.00 $ 325.00 $ 3,745.00 $ 3,745.00 $ 4,735.00 $ 4,735.00 2,745.00 $ 2,745.00 Central Southern $ 3,745.00 $ 3,745.00 $ ~.4,7~ 00 $ 2,745.00 $ 2,745.00 -- $ 120.00 $ 120.00 $ 120.00 -- $ 295.00 $ 295.00 $ 295.00 -- $ 1,715.00 $ 1,715.00 -- -- $ i:10500 $ 105.00 -- $ 130.00 $ 130.00 80.00 $ 80.00 $ 80.00 80.00 695.0O 25.0o 235.00 50 Bid Award Announcement (03-1 1-0825) RPR-24-2004 11:36 RH 16 4282970 P, DI Intercity Auto Appraisal Service, Inc. Ph. 561-586-2023 Fx. 561-586-1279 5820 S. Dixie Hwy, West Palm Beach, FL. 33405 EVALUATION REPORT Yr~a~ 2 0 0 1 F O R I ~flo~ ~EETM~N~N~CE [C~ ]W~ x ~ ~vnw x X ~ ~ T~mk X [ .... X C~ ~r ~ X X AM~M/Ster/ ~ X Dealer Phone Name S Price Stoek 2. 3. SALVAGE BIDS Nme DANA MIKE AFFORDABLE AUTO RAY'S AUTO PART~ , Phone s61-~6s-2640 Remarlm: ADDED PUSH BAR TO ACV Wreeker Fee ] Stora~ , Appmber ~KNOW~ NONE WM. CO~O~ , ' ' iADA'~ 37947 Name Amt Bid 1211 1218 l~0o~,x I?~l I " I cv $11,850 ' RPN-;-'4-ZUU4 lI;37 A~ ~§ 4282970 MEMBER I.A.D.Ao INTERCITY AUTO APPRAISAL SERVICE, INC. 5820 $. DIXIE HIGHWAY W. PALM BEAOH, FL 33405 561-586-2023 FAX 561-SB6-1279 954-764-6494 954-428-2970 ESTIMATE ?, 02 CLAIM INFORMATION CLAIM # 37947 cOMPANY CITY OF DELRAY BEACH INSURED CITY OF DELRAY BP. ACH CLAIMANT POLICY # UNIT ~1137 cLAIM REP ROBIN COX LOSS DATE 04-19-04 LOSS TYPE COLLISION INSPECTION TYPE ?RIMAKY POZ APPRAISER NAME WORK PHONE ADDRESS CITY STATE ZIP FIELD FRONT END CENTER BILL COTTON (561) 586-2023 5820 SOUTH DIXIE HWY. WEST PALM BEACH 33405- SECOND POI FAX (561) 586-1279 INSP DATE 04-20-04 LOCATION FLEET MAINTENANCE CITY STATE DELRAY BEACH FL oWNER CITY OF DELPJ%Y BEACH WORK#(561) 243-7332 434 S. SWINTON AVENUE HOME# DELRAY BEACH FL 33444- B~PAIR ATTN ...................... TOTAL LOSS CAR IN CAR OUT REPAIR 18 DAYS VEHICLE 2001 FORD CROWN VICTORIA POLICE INTERCPTR 4 DR SEDAN 8CYL GASOLINE 4.6 OPTIONS TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES POWER DOOR LOCKS BODY COLOR WHITE I MILEAGE 32,488 CONDITION GOOD YIN 2FAFPT1W61X197900 LICENSE # 207906 CODE P417 LICENSE STATE FL VEH INSP ~ REMARKS: UP CODES: * m USER-ENTERED VALUE E ~ REPLACE OEM NG = REPLACE NAGS EO ~ QUALITY REPL. PART UC z RECONDITIONED PRT UMw REMAN/REBUILT PRT EU - LIKE KIND & QUAL.PRT EP ~ QUAL. REPL. PRT. RPT PC ~ PXN RECONDITIONED -1- 2063 FORD CROWN VICTORIA ~OLIC~ INTERCPTR 4 DR SEDAN CLAIM # 37947 'PM - P~N REMAN/REBUILT IT " PARTIAL REPAIR BR ' BLEND REFINISH SB " SUBLET p ~ CHECK UP ~ UNRELATED PRIOR OPGDE MC DESCRIPTION gU 0002 SECTION, FRONT BODY L 0002 SECTION,FRONT ~ODY 0973 1189 00§1 Ol HEADLAMPS AIM CABLE~BATTERY AIRBA~ ~ENSOR, FRONT TE - PARTL REPL PRICE I = REPAIR TT ' TWO-TONE N ~ ADDITIONAL LABOR AA ~ APPEAR ALLOWANCE P, 03 LOG 2~4~ -0 ET ~ PARTL REPL LABOR L = REFINISH CG = CHIPGUARD RI = R&I ASSEMBLY RP = RELATED PRIOR N 0980 EU 0587 L 0587 A/C EVAC RECHRG & RCV FRAME ASSY,COMPLETE FRAME ASSY, COMPLETE 0948 CLOCK SPRING 0833 01 MOOULE,AIRBAG CONTROL 0776 AIRBAG SNSR, ACTIVE LT 0878 01 AIRBAG, STEERING WHEEL 0646 Ol SEATBELT 0209 PNL, FRONT DOOR CUTE LT BR 0210 RI 0244 RI 0245 RI 0229 RI 0230 RI 0227 RI 0228 EC M20 N N EC 28 ITEMS PNL, FRONT DOOR OUTFR RT MLDG, FRONT DOOR SID~LT MLDG, FRONT DOOR SID~RT MIRROR,OUTER R/C LT MIRROR,OOTER R/C RT H~DLE, FRONT DOOR O LT HANDLE, FRONT DOOR O BT ANTI-FREEZE-COOLANT HER.PART NO. LIK~ KIND & QUAL. REFINISH 13.7 Surface 0,6 Two-stage setup 2.7 Two-stage ADDITIONAL LABOR 1W7Z14300AA 43.42 1W11140006~5 A~D,~Q PRICE AJ% B% HOURS R 2,800.00* +20 10.4 1 17.0 4 1,000.00' +20 ADDITIONAL LABOR LIKE KIND & QUAL. REFINISH 0.6 Surface 1W7Z14A664AA 1WTZ14B321AC 1W1Z14B416AA 1W7Z54043B13AAD 1W7Z54611B60AAA BLEND REFINISH 0.9 Blend 0.4 TWO-Stage BLEND R~FINISH 0.9 Blend 0.4 Two-stage R&I ASSEMBLY R&I ASSEMBLY K&~ ASSEMBLY R&I ASSEMBLY R&I ASSEMBLY R&I ASSEMBLY QUALITY REPL. PAR 65.61 180.20 29.57 561.00 50.42 12.00~ ALIGN FRONT SUSPENSIO~ADDITIONAL L~OR ~9.95' & ADDITIONAL LABOR FRONT BUMPER PUSH BAR QUALITY REPL. PAR 264.00* SIREN QUALITY REPL. PAR 150.00' PULL & ALIGN BODY ADDITIONAL LABOR POLICE STRIPES QUALITY REPL. PAR 300.00* MC MESSAGE 01 C~ALL DEALER FOR EXACT PART ) / PRICE 0.51 0.Z 2 0.32 1.92 27.7 2 0.6 4 1.7 2 0.22 0.62 INC 2 0.11 1.3 4 1.34 0.41 0.41 0.31 0.31 0,61 0.6~ 0.0'1 0.0'1' Z.O*l* 1.5'1' 0.8'1' 4.0'1' INC*i* -2- ~F~-~8-~UUq 11;58 ~ 1§ 428~970 2001 FORD CROWN VICTORIA POLICE INTERCPTR 4 DR SEDAN CDAIM ~ 37947 DATE 04-23-04 LOG 2841 -0 FINAL CALCULATIONS & ENTRIES pARTS GROSS PARTS OTHER PARTS PAINT MATERIAL 1,043.52 4,575.95 363.60 ADJUSTMENTS DISCOUNT LINE ITEMS PARTS TOTAL TAX ON PARTS & MATERIAL @ MARKUP $ 760.00 LABOR RATE REPI~CE HRS REPAIR HRS 1-SHEET METAL $ 36.00 15.4 6.5 2-MECH/ELEC $ 55.00 30.7 1.9 3-FRAME $ 36.00 4-REFINISH $ 36.00 2~.2 5-PAINT $ 18.00 $ 6,743.07 788.40 1,793.00 727.20 LABOR TOTAL TAX ON LABOR SUBLET RE~AIRS TOWING STORAGE 3,308.60 GROSS TOTAL LESS: DEDUCTIBLE 10,05t.67 UNKNOWN- NET TOTAL $ 10,051.67 TOTAL LOSS ADP PENPRO W0405 ES LOG2841 -0 04-23-04 69:38:51 REL 4.05 SW12/03 DT03/04 (C) 1993 - 2003 ADP CLAIMS SOLUTIONS GROUP, INC. 4.1 HRS WERE ADDED TO THIS EST. ~ASED ON ADP'S TWO-STAGE REFINISH FORMULA. THIS ESTIMATE HAS BEEN PREPARED MASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTNER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY TME MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE F~UFADTURER DE YOUR V~g~, THIS IS NOT AN AUTHORIZATION TO REPAIR. AUTHORIZATION COMESFROM OWNER. NO SUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OT~ER THAN THE MARUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OH DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. -3- Delray Beach Police Department Vehicle Damage Report Rear [. Unit# Date - ,Shift Officer 5111'tllSll'! IOtlSIIlillfl Left FrOnt Os riel write below this lire .. DBPO IlIIIIIS FLUH, IV.~ I I'¢~-'M-I-II,.~ ~,l'~'~On I~.l'-t"'l.)t~ I DO NOT WRITE IN THIS SPACE LONG FORM g 04~9 I 04 9:03 ~,. ~, 9:03 ~,, ~. 9:10 ~,~ ~,1 ~-11700 ~ ~/40 g~ ~ D~YB~CH ~J P~B~CH ~ 2~ SR 5 ~ 5~ Aw.) ~ ~ IST S~T 2~ 01 FO~ 01 08 CY207~ FL 2F~71W61X197900 ~cr~o, sNa 2 ~ ~ ~ ~ fi mlSTS~T 05. -- ,z~,.,l 251 $7~0.00 I ~ C~OFD~YB~ .:~ 91137 I ~ ~~~ ~~ C~ mD ~ATE ~p~ > C~Y OF D~Y B~CH l~ ~ F~ST A~ DE~Y BEAC~ FL 33~4 3695 ~ RUS~LL LO~S ~Z~O~ ~ W. A~C A~ D~Y B~C~ ~ ~ 01101/59 A-5~732-5~1-0 5 3 2~4~ · 1, 1 1 1 I 3 1 ,.. 4 .7 00 ~,o~ ~,~ 02~TSOlI ol U33~U FL JA3~8~2U~5017 · PKOO~SSl~~'~~""~c~ ~S. co. 17650888~m-- vm,~ ~vm ~:B~K,S TOnG 2 T~ ~. ,.T~,~ 3. m~. J4.~ I Il g~ O Lg 4910 S L~ D~ BORON BC~ FL 3343~5913 ~ D~ O LU '~ 4910 S L~ DR BOSTON BC~ ~ 33436 05/24~8 · FLORIDA TRAFFIC CRASH REPORT NARRATIVE / DIAGRAM DO NOT WRITE IN THIS SPACE V2, a lvlitsubishi Lancer, was traveling southbound SR 5 (NE 5th Ave.) left lane, approaching NE 1st Street. The driver of V2 said she was traveling between 40 and 45 MPH. The posted speed limit in this area is 35 MPH. The diver of V2 initially said the traffic signal on NE 5th Ave. at NE Ist Street was G)~tql~T. At approximately 2:30 PM during a telephone conversation, the driver of V2 said the traffic sii~ml was flashing yF.!.I~)W. According to several witnesses, the tminfic 'ai~nai was flashing YELLOW for southbound traffic on NE 5th Ave., and flashin~ RED for westbound traffic on NE 1st Street. V2 proceeded southbound into the intersection. V], a Delray Beach Police cruiser, was traveling westbound on NE 1st Street, right lane, approaching NE 5th Ave. The driver of V2 said he thought he stopped for the RED flashing tml~c signal, than because of an obstructed view of NE 5th Ave. southbound traf~c, he pulled forward to see southbound trai~c. As V1 was moving forward, the front le~ of V2 shuck the "Push Bumper" of VI. This impact caused V] to skid in a counterclockwise direction approximately 140 de{Fees, traveling in a southeasterly direction, with V1 traveling across the 'sidewalk and striking a flight of stairs and railing at 55 NE 5th Ave. Unit U. V2 skidded in a clockwise direction approximately 210 de,Fees with V2 coming to mst facing in a northeasterly direction in the left lanes of NE 5th Ave. Delmy Beach Fire Rescue responded, exuicated the diver of V2 fr~n her vehicle, then transported her to Bethesda Memori~J Hospital: Officer Anzalone was transported to Betheada Memorial Hospital by Delmy Beach Police Dept. Both vehicles were towed from the scene by Beek's Towing. It was determined that VI failed to yield the right of way to V2 while entering the inte~ecfion. Note: NE 5th Ave. is a three lane southbound, one-way roadway. NE 1st St. is a two lane, westbound, one-way roadway. Betty Davis 541 NW 12th Ave Boynton Bch, FL 33435 (732-9316) Date: 4/?~/~ AGENDA fl~M NUMBER: Request to be placed on: Consent Agenda Regular Agenda Workshop Agenda_ Special Agenda Il/hem ~/4/2oo4 Description of agenda item (who, wha~ where, how much): Request approval to purchase replacement of a damaged police pursuit vehicle. The value of the vehicle is $11,850.00 with a replacement cost of $28,000.00. Funding available from account 501-3312-591-64.20 (Vehicle Replacement). Depanmem Head Signature: City Auomey Review/Recommendation (if applicable): Budget Director Review (requital on all it,~ms involving expenditure of funds): Funding Available: x Yes / No Initials: ~ AccountNumber 501-3312-591-64.20 Description Vehicle Replacement Account B~lance: Funding Alternatives: (if applicable) City Manager Review:. Approved for Agenda: ~/ No Initials: Hold Until: Coordinator Review:. Received: TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER~~-~~ JEFFREY A. COSTELLO, ASSISTANT ~NING DIRECTOR MEETING OF MAY 4, 2004 POSTPONEMENT OF THE APPEAL OF THE HISTORIC PRESERVATION BOARD'S ACTION ASSOCIATED WITH ASCOT OFFICE (8 NE 2"= STREET). The action requested of the City Commission is that of postponement of the appeal of the Historic Preservation Board's action associated with a Class V site plan for Ascot Office. The subject property is located at the southwest corner of NE 1st Avenue and NE 2nd Street. The HPB action was taken on April 21, 2004 and appealed on April 22, 2004 by Weiner & Aronson, P.A. for Ascot Realty. The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. The request was submitted in the proper time frame to be scheduled for this City Commission meeting. However, per the attached letter, Mr. Weiner has requested the item be postponed to the June 1, 2004 City Commission meeting, due to scheduling conflicts. Postponement of the item is recommended. Attachment: Request Letter MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (563.) 265-2666 Telecopier: (563.) 272-6833. E-mail: mweiner@zonelaw.com OF COUNSEL: ROBERT MARC SCHWARI'Z, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS LLM. (In taxation) April 27, 2004 Susan Ruby, Esquire City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 Via Hand Defivery Re: Ascot Realty Our File No.: BENG004 Dear Susan: This is to confirm our understanding with respect to the appeal of the decision of the Historical Board and its decision on the project we refer to as the "Ascot Office" decided by the Board on April 21,2004. My understanding is that it will be set for an appeal to the City Commission as of May 4, 2004. I am confirming with you that that there is on hand with the Citythe required information foran appeal. While the hearing will be set for May4, 2004, it is my further understanding that it will be postponed until the first meeting in June, 2004 because of the absence of Mr. Paul Dorling and then my absence during the month of May. I am confirming with you that among the arguments that may be made as part of the appeal include, but are not limited to, the position of my client that Section 4.3.4 (J) of the Land Development Regulations of the City of Delray Beach, Florida allows my client to build to the height of the building as indicated in the presently submitted plans. RECEIVED APR 2 7 Ms. Susan Ruby April 27, 2004 Page 2 No further letter will be sent concerning the appeal and we are confirming with you that this is su~icient for all purposes of being placed on the City CommiSsion agenda for MSW:vc ~ CC: Mr, Garrett Bender Mr. Jeffrey Silberstein Mr. Jeff Costello J Mr. Paul Doding O:~BENG0041Letter Susan Ruby Apd127 2004.wpd MICHAEl. S. WE]NER CAROLE J. ARONSON JASON S. MANKOFF WEINER & ARONSON, P.A. ATI'ORNEYS AT L~W The Clark House 102 North Swinton Avenue Delray Beach, Florida 33~.'~'~ Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-maih jmankoff@zonelaw.com OF COUNSEL: ROBERT MARC SCI-IWARIZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R, HARRIS LLM. (In taxation) Apd122,2004 Terrill Pybum, Esquire City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 Via Hand Delivery Re: Ascot Our File No.: BENG004 Dear Terrill: Concerning agenda item IV. A. ("Ascot"), which waslheard by the Histodc Preservation Board at its meeting of April 21,2004, thank you for confirming to me that the Board's recommended approval of the proposal includes the construction of the 3,219 square foot three (3) story office building as proposed and a recommendation to City Commission supporting five (5)in lieu parking spaces. We would appreciate it if the in lieu parking for this matter is placed on the City Commission agenda meeting of May 4, 2004. Thank you very much for your assistance in this matter. Very truly yours, JSM:vc CC** Mr. Garrett Bender Michael S. Weiner, Esquire Ms. Michelle Hoyland Mr. Paul Dorling, Planning & Zoning Director (via hand delivery) Ms. Wendy Shay (via hand delivery) Mr. Scott Aronson (via hand delivery) .~' RECEIVED APR 2 3 200 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS N GER AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 4, 2004 GLORY AWARDS/COMMUNITY NEIGHBORHOOD HEI.PING. INC, APRIL 30, 2004 Consider a request from Community Neighborhood Helping, Inc. for financial support in the mount of $4,000, for their Glory Awards Event to be held on June 4, 2004. On April 26, 2004 staff met with the Grant Review Committee and after careful review it is recommended by the Committee not to fund this request. With the $11,000.00 already committed by the County, income for the event would increase to $27,500.00, leaving a positive balance of $6,064.00. The Committee also felt that expenses could be reduced. S:\City Clerk\Aenda memos \glotyawardscoamx negh. help.05.04.04 :' 1 ~ ZO0~ CIT~~ ,,~ANAGER ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager pAgRobert A. Barcinski, Assistant City Manager Funding Request/Community Neighbor helping, Inc. - Glory Awards DATE: April 19, 2004 On April 26, 2004 I met with the grant review committee to review the $4,000 funding request the Mayor received on March 26, 2004 from Community Neighbor Helping, Inc. for the Glory Awards Program. Present besides myself were Joe Safford, Major William McCollom, and Doug Randolph. After careful review it is the recommendation of the Committee not to fired this request. With the $11,000 committed the previous week by the County, income for the event would increase to $27,500 leaving a positive balance of $6,064. The Committee also felt that expenses could be reduced. RAB/tas Cc: Lula Butler Joe Safford Major William McCollom Doug Randolph Doc:Memo to DTH re Glory Awards Funding Request COmmunity Neighborhood Helping, Inc. Programs That Touch Hearts in Delray Beach .Box2133, DelrayBeach, FL33444 Phone:561-279-9951 Fax:561-279-9951 Email:edithmthomson@aol.com March 22, 2004 Mayor JeffPearlman City of Deiray Beach 100 NW 1st Avenue Deiray Beach, F1 33444 RE: Glory Award Donation Dear Mayor Pearlman: Per our meeting on 180' March I am writing to follow up on the request made for financial assistance in the amount of $4,000.00 dollars. The requested funds will be used as seed funds for the Third Annual Glory Awards. The Glory Award Committee and Community Neighborhood Helping extend our thanks and appreciation for you. Your interest and support of the Glory Award since the beginning is noted and it is a truism to state the Glory Award is for individuals like you. We must recognize and shower appreciation for Trench-Warriors such as you. Your support for and contribution to the overall success of Delray Beach is well document. We are experiencing fellowship among the seniors and youth volumeers, planning, and pulling the Third Annual Glory Award together. I mention this with a great degree of certainty 'we are going to be the talk of the City'! Life is Good, when people share a vision of community, and unselfishly comribute to enhance not only the bricks and mortar, but also individuals, and families. This gives credence to life being good. We are determined to be a positive impact in the communities we serve. Again we send our warmest wishes and appreciation of you. We look forward to hearing bom and working with you. We can't wait to see you at the Third Annual Glory Award. S'.mcerely Edith Thompson Founder/Director File (1) MEMORANDUM To: From: Date: David T. Harden, City Manager Joseph M. Safford, ~ Director April 1, 2004 Subject: Funding Approval Request- Glory Awards We would appreciate City Commission approval for $11,000 in up-front funding to the Community Neighborhood Helping, Inc. for the Glory Awards. This request was submitted in correspondence dated February 9t~ by Edith Thompson, Executive Director. Palm Beach County Commissioner Addie Greene approved funding this event in the amount of $11,000 in correspondence dated December 15, 2003. According to Ms. Thompson, the County is preparing an agreement at this time. This funding from Palm Beach County is a reimbursable grant and Ms. Thompson needs the up-front funding as soon as possible to prepare for the event. If your office is in agreement with this funding, please place this item on the April 13t~ agenda for City Commission approval. Thank you. Encl: Cc: Correspondence from Commissioner Addie Greene dated December 15, 2003 Correspondence from Edith Thompson, Executive Director of Community Neighborhood Helping, Inc. dated February 9, 2004 Edith Thompson, Executive Director Commissioner Addie Greene MaryAnn Young, Accountant II COmmunity Neighborhood Helping, Inc, Programs That Touch Hearts in Delray Beach · Box 2133, Delra¥ Beach, FL 33444 Phone: 561-279-9951 Fax: 561-279-9951 Email: edithmthomson@aoLcom February 9, 2004 Mr. David Harden, City Manager City of]Defray Beach lou ~ w l-- ^venue Delray Beach, F133444 Re: Glory Awards Dear Mr. Harden: We are now in the planning and audition phase of the Third Annual Glory Awards. We are thrilled to mention the Glory Award is growing. The Third Annual Glory Award will present opportunity to discover and enjoy the goodness and talent in our communities. We are praying, working, and rehearsing to share the heartwarming acts of kindness, and to capture the true meaning of conununity. The Third Annual Glory Award will inspire anyone who believes in and strives for a better, brighter tomorrow. Pursuant to the advice and direction of the City Commissioners we request $11,000.00. The requested funds will serve as project seed money. We anticipate reimbursement to the City of Delray Beach by October 2004, with grant funding approved by Palm Beach County Commissioners. If you have any question please contact Edith Thompson at 561-279-9951(office), 255-2668 (cell), E-mail edith310(~,bellsouth.net or edithmthomson~aoi, com. We are looking forward to seeing you at the Third Annual Glory Award. ~altn ln~spectfully' encl. (2) cc: (2) fde (1) ADDIE L. GREENE Commissioner, District VII Palm Beach County Board of County Commissioners Governmental Center, 12~ Floor 301 North Olive Avenue West Palm Beach, Florida 33401 (551) 355-2207 Fax: (561) 355-5332 South Office: Southeast County Complex 345 Congress Avenue Delray Beach, Florida 33445 (561) 276~1350 Fax: (561) 275-1365 agreene@co.palm-beachJJ, us December 15, 2003 Edith Thompson, Founder/President Community Neighborhood Helping, Inc. Post Office Box 2133 Delray Beach, FL 33444 RE: Funding Approval "The Glory Awards" "Adult and Youth Recreation Programs" Deaf, Mrs. Thompson: This is to serve as formal notification that I will contribute up to $11,000 from the District VII Recreation Assistance Fund, 2003-2004, Budget towards the Glory Awarda~nd the Adult and Youth Recreation Programs. As you know, this program operates on a reimbursement basis with certain criteria as previously~discussed. If you have any questions, or need further assistance, please contact Gladys Whigham, my Administrative Assistant, at 561 276-1350. In addition, I am copying this letter to Susan Yinger, Grants Procurement Manager, who will initiate the contract agreement. I am certainly pleased to contribute to the Glory Award_~s and to the Adult an.d Y__oouth Recreation Programs components of the Community Neighborhood Helping, Inc. The ilnplementation of these types of programs certainly enhances fi~any lives and heighten cultural arts and recreational awareness. My very best wishes to you for continued success in all of your endeavors. Sincerely, Addie L. Greene, Commissioner Pabn Beach County Cotmnission District 7 cc: Dennis Eshleman, Director, Parks and Recreation Dept: Susan Yu ge', P ogra n Coord nator/Contract Manager Gl(xy Award Third Annual Budget VENUE EXPENSES Facility ($2.00 x 5hrs.) Insurance Security ( $175 x 5hrsx 8) ADMINSTRATIVE EXPENSES (paper.eflvelooes.teiephone,reesfllion) Gas and transportation OUTREACH/ADVERTISING/PROMOTION Fundraising,printing,pul~ictty,ads, programs,name badges SOUVENIRS Mugs Keychains AWARDS TECHNICAL ASSISTANCE CuStodians ($20 x 5hfs x3) Sound Tech Video Tech Photographers Venue Decoration ENTERTAINMENT FOOD SERVICE/CATERING MISCELLANEOUS PROJECT INCOME Ticket Sales (350x$20ea.) Souvenir Sale ( 200 pieces ¢~ $5.00) Ads Gold full page- 4 {~ $500.00 Silv~ haft page- 5 Q $250.00 Bronzell4 page-lO Q $125.00 Copper1/8 page-20 ¢~ $ 75.00 DONATION $ $ $ $ $ $ $ $ $ $ $ S $ TOTAL: $ TOTAL: 1,000.00 586.00 1,400.00 250.00 150.00 3,000.00 300.00 400.00 4,000.00 300.00 700.00 2,100.00 750.00 21,436.00 $ 7,000.00 $ 1,000.00 $ 2,000.00 $ 1,250.00 $ 1,250.00 $ 1,500.00 $ 2,500.00 $ 16,500.00 TO: THRU: FROM: SUBJECT: MEETING OF MAY 4, 2004 CONDITIONAL USE REQUEST TO ESTABLISH A BOAT MANUFACTURING FACILITY (APACHE OFFSHORE POWERBOATS) LOCATED ON THE SOUTH SIDE OF SOUTHRIDGE ROAD~ APPROXIMATELY 210' WEST OF SWINTON AVENUE (120 SOUTHRIDGE ROAD). The property consists of the west 15' of Lot 5 and Lots 6-10 Block 4 of the Southridge Subdivision Plat 1, and contains 0.68 acres and is zoned I (Industrial). The property contains an 11,200 square foot metal industrial building that was constructed in 1980. The building is vacant and has most recently been occupied by a contractor (Buchanan Screen). A conditional use application has been submitted to establish a boat manufacturing facility for Apache Offshore Powerboats. The request involves the conversion of the 11,200 square feet building to a boat manufacturing operation. The applicant is not proposing exterior upgrades of the building, landscape areas, or parking. The proposed hours of operation will be Monday through Friday from 7:00 a.m. to 3:30 p.m. The proposed boat manufacturer will be staffed with up to 10 employees. The use will entail the construction of the boat hulls with a closed vacuum infused molding process with the installation of internal rigging and plumbing. The boats are then transported to another site for the installation of engines, wiring and painting. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. At its meeting of April 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. The applicant requested that the business be allowed to wash the boats outside of the building and that engines be tested at the property. The Board had concerns with washing boats outside and felt that this needed to occur inside as the property faces residential property. The Board also expressed concerns with testing of engines and the nuisance/noise this would create along with the impact on the adjacent residential neighborhood. After discussing the proposal, the Board unanimously voted 5-0 (Borchardt and Pike absent) to recommend approval of the boat manufacturing operation based on positive finding with respect to Chapter 3 (Performance Standards), LDR Section 2.4.5(E)(5)(Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the 8 conditions outlined on page 8 of the attached Planning and Zoning staff report of April 19, 2004. Approve the Conditional Use request to establish a Boat Manufacturing Facility for Apache Offshore Powerboats, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the conditions contained in the staff report. Attachment:: P&Z Staff Report and Documentation of April 19, 2004 'PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: April 19, 2004 IV.A. Conditional use request to allow the establishment of a Boat Manufacturing operation for Apache Offshore Powerboats, located on the south side of Southridge Road, approximately 210' west of Swinton Avenue (120 Southridge Road). S,W. 103H STREET Owner ............................. R. Scott & Judith Buchanan Agent/Applicant ............ William Leavy/Apache Offshore Powerboats Location .......................... Located on the south side of Southridge Road, approximately 210' west of Swinton Avenue (120 Southridge Road) Property Size .................. 0.68 Acre Future Land Use Map ..... Industrial Current Zoning ................Industrial Adjacent Zoning....North: CF & R-I-A East: MIC (Mixed Industrial & South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. Commemial) Industrial R-1-A Light Industrial (Buchanan Screen) Conditional Use Request to allow the establishment of a boat manufacturing operation. Existing on Site. Existing on Site. LINTON ]OUL£VAR£ IV.A. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Boat manufactudng use for Apache Offshore Powerboats, pursuant to Section 2.4.5(E). The subject property is located on the south side of Southridge Road, approximately 210' west of Swinton Avenue (120 Southridge Road). The property consists of the west 15' of Lot 5 and Lots 6-10 Block 4 of the Southridge Subdivision Plat 1 and contains 0.68 acres. The property contains an 11,200 square foot industrial metal building that was constructed in 1980. The building is vacant and has most recently been occupied by a contractor (Buchanan Screen). The property was rezoned from LI (Light Industrial) to I (Industrial) as part of the citywide rezoning in 1990. A Conditional Use application for boat manufacturing has been submitted and is now before the Board for action. The conditional use request is to establish a Boat manufacturing use and includes: [] Conversion of the 11,200 square feet building to a boat manufacturing operation. The applicant proposes no exterior upgrades of the building, landscape areas, or parking. The applicant has indicated the hours of operation will be Monday through Friday from 7:00 a.m. to 3:30 p.m. The proposed boat manufacturer will be staffed with up to 10 employees. The use will entail the construction of the boat hulls with a closed vacuum infused molding process with the installation of internal rigging and plumbing. The boats are then transported to another site of the installation of engines, wiring and painting. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. P & Z Board Staff Report Apache Offshore Powerboa~o - Conditional Use Request for Boat Ma,..,~'acturing Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has an Industrial Future Land Use Map (FLUM) and zoning map designation. The proposal is to occupy the currently vacant building with a boat manufacturing use. Pursuant to the LDR Section 4.4.20(D)(1), within the Industrial zone district boat manufacturing is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the property to a boat manufacturing operation will not have a impact on traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: [] Water and sewer service is provided to the site via existing 8" mains along Southridge Road. [] Adequate fire suppression is provided to the site via two existing fire hydrants along Southridge Road. A fire hydrant is located on the north side of Southridge Road approximately 150' west of the subject property. Another fire hydrant is located on the nodh side of Southridge Road approximately 100' east of the subject property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The establishment of a boat manufacturer will not increase the demand on water and sewer compared to the previous light industrial use. Based on the above a positive finding can be made that concurrency to the adopted Levels of Service Standards will be achieved with the proposed conditional use request. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. P & Z Board Staff Report Apache Offshore Powerboa,~ -'Conditional Use Request for Boat Ma,.,¢acturing Page 3 SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoninq Uses North CF & R-1-A South Industrial East MIC West R-1 -A Adult living facility & Single Family Waste Management & Warehouse Boat repair (Eagle Marine Services) Single Family The subject property was previously established for industrial uses. The property was previously occupied by a contractor's office which engaged in aluminum product manufacturing. The predominant development pattern south of Southridge Road is industrial uses. There have been no known conflicts between the industrial properties and the residential neighborhood to the north and west. Given the proximity of the residential uses, compatibility is crucial in this neighborhood. The property is located in the SW 4th Avenue Redevelopment Area. The redevelopment plan indicates that no changes in the land use pattern should be implemented. The Plan indicates that care must be taken to ensure the continued compatibility between the industrial and residential uses. There are no concerns with respect to the compatibility between the boat manufacturer and the adjacent industrial uses. However, there is a concern regarding the compatibility between the boat manufacturer and the neighboring residential uses. The applicant has indicated that the typical hours of operation are Monday through Friday from 7:00 a.m. to 3:30 p.m. Commencing operations at 7:00 a.m. may be too early to be compatible with the adjacent residential neighborhood. It would be appropriate to limit the hours of operations to avoid this conflict. A condition of approval is attached that the hours of operation be modified to start at 8:00 a.m. and extend later into the day to 6:00 p.m. The applicant has submitted the following narrative that describes the operations of the proposed use: "Each boat is built from a female mold system that will produce the male parts (hull, deck, cabin, etc.), which is then assembled with internal rigging and plumbing. The boat is then transported to specialized contractors to complete P & Z Board Staff Report Apache Offshore Powerboa,.. - Conditional Use Request for Boat Ma, .ufactudng Page 4 each boats final rigging (engine installation, wiring, etc.) and painting. We are set up to build a maximum of 12 boats each year with 8 to 10 employees. For 2004, we intend to build at least 4 boats and hope to reach our goal of 12 boats by 2007. Each boat model typically requires molds that ere comprised of 2 main mo/ds, the hull and the deck, and several smaller mo/ds for the associated parts (hatches, covers, cabin liner, etc.). As these mo/ds are expensive and sensitive to exterior elements (sunlight, extreme heat, bad weather, etc.), they must be well kept and maintained regularly. All work to build each boat will be performed inside the facility, with the exception of washing or cleaning of a boat. Our exterior space is dedicated to landscaping and vehicle parking, but occasionally, we may have a need to p/ace items outside, within our gates, to allow additional space inside at specific times. This would be limited and not our first choice as these items are expensive. We have employed a design engineer as our production manager and will be utilizing sophisticated materials combined with closed vacuum infused mo/ding and the most sophisticated techniques possible. The materials to build each boat is a process that includes %100 NON-FLAMMABLE materials and has virtually eliminated all odor and dust overflow associated with the "old school" methods. In short, our construction process includes fiberglass cloth cutting and basic carpentry of composite foam for each boat. "NO SPRAYING' of ge/coat or paint is required for this type of a build process and method of construction. Since we are working with the most advanced materials and techniques available today, noise is minimal and limited to basic drills, saws and other cutting tools." The existing building has two overhead doom that face Southridge Road. The building and parking areas are screened from the road and adjacent single family residence to the west by an approximately 8'-high Ficus hedge and 25'-high trees. The property is enclosed with a 6'-high chain link fence with 2' of barb wire, which is located on the inside of the hedge. The gates are screened with a green mat. The mat is in a state of disrepair and does not completely screen the interior of the property from the adjacent residential uses. A condition of approval is attached that the mat be replaced with a new vision obscuring mat. Pursuant to LDR Section 4.6.6(A)(1), a boat manufacturer must be conducted completely within an enclosed building. Per LDR Section 4.6.6(B), the washing or cleaning of boats is not an allowed outside usage. Consequently, a condition of approval is attached that prohibits the outside washing or cleaning of boats. The narrative indicates that painting and installation of engines will be conducted off site. There will be a concern with painting on this site as it would be inappropriate giving the proximity of the residential neighborhood. Furthermore, the installation and testing of motors at the property would create a nuisance with these residences. Consequently, a condition of approval is attached that painting and installation/testing of engines is prohibited. P & Z Board Staff Report Ap'ache Offshore Powerboa,.~ - Conditional Use Request for Boat Ma, .ufacturing Page 5 If the conditions of approval are addressed, a positive finding can be made that proposed development will not have a detrimental effect on the stability of the neighborhood. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Along with the Conditional Use request, a survey has been submitted and reviewed by staff. The following regulations relate to the proposed boat manufacturing facility. Special District Boundary Treatment: Pursuant to LDR Section 4.6.4(B)(1), where the rear or side of industrially zoned property directly abuts residentially zoned property without any division or separator between them, such as a street, alley, railroad, waterway, park, or other public open space, the industrially zoned property shall provide a 60' building setback from the property line located adjacent to the residentially zoned property. The property is bordered on the west by residentially zoned property that contains a single family residence. The existing building exceeds the minimum setback since 79.98' is provided. Pursuant to LDR Section 4.6.4(B)(1)(a), either a solid finished masonry wall 6' in height, or a continuous hedge at least 4.5' in height at the time of installation, shall be located inside and adjacent to that portion of the boundary line of the industrially zoned property, which directly abuts the residentially zoned property. The existing development exceeds this requirement since an approximately 8'-high Ficus hedge is located along the west side of the property. Dumpster Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers, and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The survey/conceptual plan does not indicate the location of a dumpster. A condition of approval is attached that the location of the dumpster enclosure and recycling facilities and method of screening be noted on the conceptual plan. If these facilities are provided outside, a site plan modification may be necessary. Parking: Pursuant to LDR Section 4.6.9(C)(5)(a), general industrial use must provide 3 parking spaces per 1,000 square feet of floor area devoted to manufacturing, assembly, and attendant offices). In addition, 1 space shall be provided for each 1,000 square feet of floor area devoted to storage and warehouse use. Based on a 50/50 split in floor area, the 11,200 square foot industrial facility is required to provide 23 parking spaces [5,600/1,000'3=16.8; 5,600/1,000=5.6]. The site is currently nonconforming with respect to parking since 14 parking spaces exist on the subject property. P & Z Board Staff Report Apache Offshore Powerboa,o - Conditional Use Request for Boat Ma, ,dfacturing Page 6 Perimeter Landscaping: Pursuant to LDR Section 4.6.16(H)(3)(e), where industrial areas abut a residential zoning district, in addition to requirements established for district boundary line separators in the zoning code, 1 tree shall be planted every 25' to form a solid tree line. A condition of approval is attached that a landscape plan be submitted with the site plan modification that demonstrates compliance with this requirement. Right-of-way Dedication: Per LDR Section 5.3.1, right-of-way dedications to meet minimum standards must be made with all developments. The required right-of-way width for Southridge Road is 60' and 50' exists. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG have approved the reduction in the Southridge Road right-of-way from 60' to 50' as all required improvements such as drainage, sidewalks, and vehicular travelways can be accommodated in the reduced right-of-way. Sidewalks: Pursuant to LDR Section 6.1.2(A), the applicant is required to construct a 5'-wide sidewalk along the south side of Southridge Road. Pursuant to LDR Section 6.1.3(D)(2), a sidewalk may be waived when it is clear it will not serve its intended purpose. There are no sidewalks adjacent to the existing industrial uses along the south side of Southddge Road or single family residential properties to the west. There is an existing sidewalk along the north side of Southridge Road. A sidewalk adjacent to the subject property would not have a pedestrian connection to adjacent properties. A waiver application and associated fee will be necessary with the site plan modification application. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] PROD Southddge [] Pinegrove/Failridge P & Z Board Staff Report AISache Offshore Powerboaio - Conditional Use Request for Boat Ma, ,dfacturing Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. According to the applicant's narrative, the proposed boat manufacturing is a Iow intensive operation. There are several concerns with respect to compatibility of the proposed use with the surrounding neighborhood. The hours of operation should be restricted to 8:00 am rather than the proposed 7:00 am due to the potential incompatibility with the residential neighborhood. There are several other conditions of approval that also address the compatibility of the proposed use with the neighborhood such as screening and buffedng and restrictions on painting/engine testing. Subject to these conditions of approval, the proposed boat manufacturer is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. Continue with direction. Recommend approval of the conditional use request for Boat Manufacturing for Apache Offshore Powerboats based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for Boat Manufacturing for Apache Offshore Powerboats based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will have a significant detrimental effect on the stability of the neighborhood and will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for Boat Manufacturing for Apache Offshore Powerboats, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: P & Z Board Staff Report Apache Offshore Powerboa,., - Conditional Use Request for Boat Ma,,ufacturing Page 8 1. That the hours of operation ara limited to be no eadier than 8:00 a.m. and no later than 6:00 p.m., Monday through Friday. 2. That a site plan modification be submitted to include the required improvements outlined in the staff report. 3. That the screening mat on the chain link fence be replaced with a new vision obscuring mat. 4. That the outside washing or cleaning of boats is prohibited. 5. That the painting of boats and installation/testing of engines is prohibited. 6. That the location and method of screening the dumpster enclosure and recycling facilities be provided. 7. That a landscape plan be submitted with the site plan modification, which demonstrates compliance with LDR Section 4.6.16(H)(3)(e). 8. That outdoor storage of material or equipment must be screened appropriately and approved by the Site Plan Review and Appearance Board and is prohibited within the setback areas. Attachments: O Survey/conceptual plan Report prepared by: Scott Pape, Senior Planner ~< CF CF RM MH POD PC MIC R CF APACHE OFFSHORE POWERBOATS TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER SCOTT ARONSON, PARKING MANA'~EMENTSPECIALIST MEETING OF MAY 4, 2004 - REGULAR AGENDA CONSIDERATION OF A REQUEST BY PARADISE SALON STUDIOS FOR THE PURCHASE OF SIX (6) IN-LIEU PARKING SPACES. Paradise Salon Studios will be located within the former MDS Beauty Supply Store at 140 NE 2"d Avenue (Pineapple Grove Way). At its meeting of April 14, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class Ill site plan modification with conditions including that the applicant obtain approval from the City Commission for six (6) in-lieu parking spaces prior issuance of a building permit. The development proposal involves the build-out of 2,898 sq.ft, on the second floor to general commercial floor area/spa; conversion of a portion of the first floor (175 sq.ft.) from retail to a snack bar (restaurant); and construction of a 160 square foot general commercial addition. Based upon the above, the structure will consist of 7,559 square feet of general commercial floor area and 175 square feet of restaurant floor area, which requires a total of 35 parking spaces. Although 30 parking spaces are proposed, there is an outstanding issue with regards to an exterior stairway which may need to be reconfigured to meet OSSHA requirements. This reconfiguration might require the loss of one (1) parking space, reducing the number of spaces provided to 29, which would then require the purchase of six (6) in-lieu parking spaces. As the property is located in the Pineapple Grove area, the cost is $6,000 per space ($36,000 total), which will be paid in full upon issuance of a building permit. This request might be reduced to five (5) in-lieu spaces totaling $30,000 pending the outcome of the stairway concerns. Pineapple Grove Way contains 23 on-street parking spaces between NE 1st Street and NE 2nd Street (14 on the east and 9 on the west side of the street). Given the available on-street parking and the impending parking garage to be built as a part of the Old School Square expansion project, ample municipal parking is and will be available for visitors and guests to the subject property. At its meeting of February 24, 2004, the Parking Management Advisory Board (PMAB) unanimously recommended approval of the request for six (6) in-lieu parking spaces. By motion, approve the request from Paradise Salon Studios for the purchase of six (6) in-lieu parking spaces at a cost of thirty six thousand dollars ($36,000) to be paid in full upon issuance of a building permit. CITY OF DELRrlY BEArH CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243 7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 DELBAY BEACH DATE: April 27, 2004 MEMORANDUM TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Interlocal Agreement Between City and CRA Relating to the Expansion of Old School Square, Land Acquisition, Parking Garage and Downtown Park This Interlocal Agreement provides that the CRA will turn over lands that they own to the City, so {hat the City can construct a parking garage and obtain additional lands to be used as a park and future museum. The Agreement was pulled from the April 20, 2004 agenda to better assess the value of all the lands to be contributed by the CRA, which includes, lands for the park as well as the parking garage land. The value of the land is more accurately valued at $50 per square foot and the price of the Craig's Furniture Parcel results in the lands being more accurately valued at 5 million dollars. Please place the revised Commission agenda. interlocal agreement on the May 4, 2004 City Cc: Diane Colonna, Director of the CRA Robert W. Federspiel, Esq. [IT¥ OF DELRI:I¥ BERTH CITY ATTORNEY'S OFFICE 2001 April 16, 2004 TO: FROM: SUBJECT: 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE $61/278.4755 Wrffm'$ Direct Une: 561/243-7091 MEMORANDUM City Commission David Harden, City Manager Susan A. Ruby, City Attorney Interiocal Agreement Between City and CRA Relating to the Expansion of Old School Square, Land Acquisition, Parking and Downtown Park Garage The interlocal agreement pmvidea that the CRA will turn over lands that they own to the City, so that the City can construct a parking garage, and obtain additional lands to be used as a park and future museum. The CRA will consider the agreement at their April 22nd meeting. Please place the agreement on the City Commission agenda for April 20, 2004. Attachment Cc: Barbara Garffo, City Clerk Diane Colonna, Director of the Community Redevelopment Agency Robert Federspiel, Esq. AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA RELATED TO THE EXPANSION OF OLD SCHOOL SQUARE, LAND ACQUISITION, PARKING GARAGE AND A DOWNTOWN PARK THIS INTERLOCAL AGREEMENT is made this __ day of , 2004, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the City) and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to F.$. Chapter 163 (the CRA). WITNESSETH: WHEREAS, City and CRA both being governmental bodies desire to enter into this Interlocal Agreement in order to expand Old School Square programs and activities, provide for a parking garage, and once constructed, free up land to be used as a downtown park; and WHEREAS, the acquisition of land, the construction of a parking garage and the making available of certain lands for a downtown park are valuable public purposes, and will also enhance the economic viability of the City. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The CRA owns or will acquire lands as shown in Exhibit "^" hereto. In the event the CRA shall reasonably determine it is unable to acquire such real property in the time set forth below, upon terms acceptable to the CRA, the CRA may terminate this Agreement by delivering written notice to the City, and such termination shall become effective immediately. 2. The City will acquire from the CRA, the lands as set forth in Exhibit "B" for an amount which equals all of the CRA's acquisition costs for the land including, but not limited to closing costs, attorneys' fees, appraisals and court costs. The CRA shall utilize its commercially reasonable efforts to acquire and convey to the City the lands no later than January 2005 and, if eminent domain is required, no later than June, 2005. 3. The City will construct a parking garage on the lands acquired by the City from the CRA as generally shown in Exhibit "B" within 24 months of the acquisition of the property. 4. The CRA will sell to the City the acquired lands as shown in Exhibit "C" for a purchase price equal to 5 million dollars. A map is included in Exhibit "D". 5. The properties outlined above will be transferred by Special Warranty Deed, subject to a contract for sale and purchase, subject only to permitted exceptions and current taxes to be negotiated by the parties. 6. The parties reserve the right to modify this agreement to include additional lands and to include a Request for Proposal process, if the parties believe that is in their mutual best interest to do so. Either parties may in its sole and absolute discretion for any reason, or no reason, decide not to enter into a revised agreement. 7. This Agreement constitutes the entire Agreement between the parties. To be effective, any modifications shall be in writing and signed by the parties, and signed by persons with authority to bind the parties. This Agreement shall not be effective until signed by the parties to this 4 Agreement. 9. This Agreement will be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, City and CRA have executed this Amendment to Lease as of the day and year written above. ATTEST: City Clerk Approved as toForm: ClTYOF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: The foregoing ,2004 by title of officer or agent) of acknowledging), a on behalf of the corporation. take an oath. instrument was acknowledged before me this __ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public - State of Florida 3 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Block 76, as recorded in ORB 13582, Pg. 0089; ORB 9969, Pg. 788; ORB 8860, Pg. 262; ORB 12835, Pg. 1717; ORB 13860, Pg. 0881; ORB 10795; Pg. 621. All as further described in the attachments hereto. Page 2 of 2 htlP://oris.co.palm-be~ch, ti.us/m-_webl/detnils img.a~?doc id'~llO33113&na eount=2.~r.. ~/~/?nn~ to ~e plac ~beraop pe~c of ~s 1 ~ ~ .. . ~.umJmm~ flmD~O IIIIIIIIIIIlllllllllJl i' ;,.lalll PI mmml THIO W~ OIIO, tmmtd~11t IITAII OP PLOMOA COLtOTY OF PALIJ II.A~N · , · ,- ~)s,eth~ ~, illiken~ CJerk l~m ll;3% ~.,. mgbu, uy %, ,(:e. %03 J f/fJ.38 b8 3~-3.4~-~ 33408 So· lill~]d~me' b &mlr, h :L'lme o~' md~l.r,,o~ i, 23S.0O ~ Gor.(',Jl'l)l:himom ~ 0 00' O0m Zaot~ -,~am~' tlM, aL, bt the b~ Page :2 ~ "~7 AO smt~m£~ Ln ~.1, follo~.tncj the prlo~ depo~J.t m~ ~n~o R~~~ ~o ~he O~e~ o~  ~ ~e~p~ o~ the funds ~r o~ d/gcr/~C/~ Co ~n- ' ~naent, ~ ~. ~m~ ~m~ ~U~Lmd~c~/~ Co m~ reaso aCCo~ey, s fees ~~ ~in. ~ble 203 s~h~s~ x3~h S=re~-~' ~"~' ~ 33130 ~ers/g~d C~eX, ~s~ctfuXl~ ~e f~ t~ of the ~e ~o. C~ ~7-3~37 A~ _~oregoA~g~ . S~lpula~ed~ Zinal ~udguen~ and Zi~l Flori~ Bar ~086 ~z~, ~ 33130 ~O f ~hl~ part o! Lot ~. Ilock ~, .up o! the ?own o_f Linton (nov l:)elriy ~-~\o£ ch~ Publ. ic no,;~-..~--'~',,.'~'"."_-u~'~ _.L, Page 3 OD~ ~ .... a~ 6, then~ 8. 0 00'00- TO ~_~ ~D TO h~LD M .F~w~ M k~ , · {mmmq' ad cmq,~o e{mu pfweq, m whaimf fmw~ ~l~ c~969 ~ ?'4~9 IIIIIIIIIlllllllllllll Lots 1, 2, 7 and 8 of Block 76, as shown on the attached exhibits. Pag~ 2 of 2 8TA~ ,o41r Jq,.OmDA COUIITV Od~' PALJj iI,~CN LM3 PIOB ~, M~e Ite ~le Pkl{ Iwed' rMwdld h prM Book 1. mdklddLInd Lime. ITAT! QdI PI,,(:~IDA Lots 3, 4, 5, 6, 9, 10, 11 and 12, as shown on the attached documents. ~lm~fiea(~ lumbe~t z3'LI"'-z'-oz-"?I-oo3o/o2.oo/o.,z llhl Illtlt Palmll lb dlf md pit rinl llMM ~ Il. B~3dll~r,. · BizzLed ucetn ~ USg C~e u~n t~ io~n~ ~C~ Z~ ~c~ ~ ~t, ~~~, ~ ~d ~h ~e~r ~r~19~ ~nmaci~ co ~ ~i~ctct~er 10 ~1, r~le a~ fair ~ p~ercF ~cr~d t~~d ~b~c 'A= ~ a~  p ~rty ~SCri~ in ~h~it "A". ~~epreeent. full, Case NO. C/, 9~-3937 AG coup.let:e an~ £1rml ~:mq~at::Lcn t:o Respondent:, a-list,ye 7~¥' £ee" and ResPoP~en, v/IX seek no £urche~ ~..~ oz' monAes £rom Petitioner in Ch:Ls cause, - .~ ~'~ Pet I C L°~er, Di:I,RAy BEAC:N ~T~y ]O:DBVELOiq4~NT AGRI~y, sl~dmposit ~ sum o~ 0 O0/XO0 (~0.00) ~XlaFo ~o · epC~F 8, ~9P7 ~ SeCCleMnc Par~ph ~ ~e. saC/e~e4 ~n ~u/1, £011ov~ ~he Pr~o~ d----- ..... . v~ r~e~pC o~ the ~unds ~ ~ ~u~ ~11,  e X3~ 8~a, ~, ~ 33~30 ~o~ '--~ ~tm~ ~urXa~ctX ~lcm 2 ~' ~lrm. ~ ~ Ci~Cou~ ~., ~o, ~st ~a~m ----- . - Judge z A~l~z~:i~nm~nn That part of Lot S, Block ~60 ~ap o~ the ~ 08 SO ~., al~ ~ ~ · IIIIIIII!1111111111111 AJfl' ~0,00 Oo~ 8~mp O. 7O N.W. 1ST ST. 2ND 1ST ST. ST. OLD SCHOOL SQUARE A TLAN TIC AVENUE rlT¥ OF DELRR¥ BEI1£H CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 DELRAY BEACH AO.Am~ica City TO: MEMORANDUM April 23, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Third Amendment to Block 77 Contract Between the CRA and Block 77 The Community Redevelopment Agency (CRA) has indicated that they want the City to give its consent to the third amendment, as a third party beneficiary to the contract. The third amendment was previously reconsidered by the CRA and then tabled pending changes to be made to the third amendment to the contract. The agreement provides for a one year extension of the closing of the contract from the date of approval of the third amendment by the City. The closing can be extended for a period not longer than five (5) years from the date of the agreement, if there are Acts of God, moratoriums or intervening litigation by a third party or matters outside the control of Block 77 which prevent obtaining development approvals. The failure to obtain financing is not a sufficient reason for an extension. Further, the amendment provides that nothing in the amendment is intended to amend the City's LDRs as it pertains to the length of time that development approvals remain valid. Please place the consent to the third amendment to the contract for sale and purchase between the City and CRA on the May 4, 2004 City Commission agend .- Attachment Cc: Diane Colonna, Director of the CRA Robert Federspiel, Esq. Mitch Kirschner, Esq. THIRD AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT ("Third Amendment") amending that certain Contract for Sale and Purchase dated January I 1, 2000, by and between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Seller", and BLOCK 77 DEVELOPMENT GROUP, L.C., hereinafter referred to as "Buyer", is made and entered into as of the date last executed by Buyer and Seller. WITNESSETH: WHEREAS, the parties have heretofore entered into that certain Contract for Sale, Purchase and Development ("Contract"), as amended by that certain Amendment dated the 12th day of December, 2002 (the "First Amendment") as further amended by that certain Amendment dated the 27th day of February, 2003 (the "Second Amendment"); and WHEREAS, the parties wish to further amend the provisions of Section L of the Addendum to the Conlract in the manner set forth in this Amendment. All capitalized terms not defined herein shall have the definition or meaning ascribed to them in the Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follow: o Section L of the Addendum to Contract is amended in its entirety to read as follows: In the event the Closing shall not have occurred by the date which is the one (1) year anniversary of the approval of this Third Amendment by the City Commission of the City of Delray Beach ("City"), as executed and delivered by the parties hereto (the "Terminability Date"), either Seller or Buyer may terminate the Contract upon ten (10) days' prior written notice to the other, in the absence of a prior Closing or a date mutually stipulated to in writing by Seller and Buyer for a Closing Date thereafter. Buyer shall employ reasonable diligence in its efforts to obtain the permits, approvals and entitlements requisite to the development and construction of the Project, and Buyer shall be prepared to Close the transaction contemplated by the Contract on such earlier date that is sixty (60) days following Buyer obtaining the last of the needed permits, licenses and entitlements, upon not less than thirty (30) days nor more than sixty (60) days' prior written notice to Seller. The Terminability Date shall be extended for up to a maximum of five (5) years fi.om the date of the approval of this Third Amendment by the City in the event that Buyer's ability to obtain all entitlements required for the development and consffuctinn of the Project are impeded by force majeure, Acts of God, moratoriums, intervening litigation brought by a third party, the gravamen of which objects to or seeks damages, declaratory or injunctive relief under or from development approvals or entitlements with respect to the Project or the CRA Contract, as amended, or matters or events outside of the control of Buyer reasonably rendering Block 77 unable to secure the requisite approvals and entitlements fi.om CRA or the City necessary for the development and construction of the Project. For purposes of the immediately preceding sentence, "matters outside of the control of Block 77" shall not include matters which are a function of economics or finance with respect to economic condition of Block 77, the ability of Block 77 to obtain financing for the Project, costs of development and construction or market conditions. It is the intent of the Parties that ~othing contained herein provides for extensions of any development approvals for a time or in a manner contrary t o Section 2.4.4(F)(4) o f t he L and Development Regulations o f t he City. Buyer shall deliver comprehensive progress reports to Seller on a quarterly basis Page 1 of 2 following the approval by the City of this Third Amendment, as hereinabove provided, reporting the status of each of the Conditions. In the event of a termination of the Contract following the Terminability Date, all Deposits or other monies paid by or on behalf of Buyer to Seller, together with any interest accrfflng thereon, shall be returned to Buyer. Buyer shall be required to pay or have paid all persons who have tendered services to Buyer who have any lien rights as to the Property; such payment to be evidenced by Buyer obtaining paid receipts therefor and presenting same to Seller, and Buyer shall reimburse Seller for Seller's verified expenses, if any, incurred in the review of the Market Study and Parking Plans, as contained in this Agreement up to the respective maximum amounts to follow: Market Study: $2,500.00 Parking Plan: $6,000.00 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract for Sale, Purchase and Development Agreement this day of ,2004. Wimesses: SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AOENCY By: Print Name: Title: BUYER: BLOCK 77 DEVELOPMENT GROUP, L C By: Print Name: Title: Page 2 of 2 Garito, Barbara From: Sent: To: Subject: Harden, David Thursday, April 08, 2004 9:09 AM Garito, Barbara FW: Amendment # 3 to Block 77/CRA Agreement FYI ..... Original Message ..... From: Ruby, Susan Sent: Wednesday, April 07, 2004 8:36 AM To: Harden, David CC: Perlman, Jeff Subject: FW: Amendment # 3 to Block 77/CRA Agreement FYI Susan A. Ruby ..... Original Message ..... From: Mitchell Kirschner [mailto:MKirschn~hodgsonruss.com] Sent: Tuesday, April 06, 2004 10:57 PM To: Ruby, Susan Cc: nsiegel@thesiegelgroupusa.com; mweiner@zonelaw.com Subject: Amendment # 3 to Block 77/CRA Agreement Ned Siegel, managing partner of B77 is in California in yhis absence, B77 is not in a position to agree to incorporating the language you propose to the ~endment until i have had an opportunity to meet w/ Ned on his return will not be able to do so and respond to you on Wednesday per your e-mail, indly hold-over the ~endment consideraton until the May Commission meeting will look forward to speaking further w/ you on this matter after i have an opportunity to counsel with Ned and Michael Weiner thx Mitchell B. Kirschner Hodgson Russ LLP 1801 N. Military Trail Suite 200 Boca Raton, F1 33431 (561) 862-4173 fa,x: (561) 862-4979 mkirschner@hodgsonruss.com Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. ! MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~--~ - REGULAR MEETING OF MAY 4. 2004 BRIDGE OPENINGS DATE: APRIL 30, 2004 This is before the City Commission to consider approval of a proposed bridge opening schedule based on an impeding rule from the Coast Guard. The proposed rule, based on tests held from March, 2003 until June, 2003, would require the l.inton Boulevard, Atlantic Avenue, and George Bush Boulevard bridges to be open twice an hour. Under the proposed rule, the Linton Boulevard and Atlantic Avenue bridges will open on the quarter hour and three quarter hour, and the N.E. 8m Street bridge will open on the hour and half hour. Dennis Kelly, the City's former Interim Public Works Director, recommends that the bridge openings be staggered. Also, the operator of the Pilgrim Belle has told us that if the proposed schedule is adopted it will make it impossible for him to operate from Delray Beach. He would have to spend too much time waiting on the bridges to open. Recommendation: Staff recommends that we request the Coast Guard to change the opening schedule for the Linton boulevard Bridge to open on the hour and the half hour. We should also request that the Coast Guard allow a commercial exemption to the proposed schedule for the Spanish River and Palmetto Park bridges to allow the Pilgrim Belle and their eco-tour boat to reach the Boca inlet in a timely manner from De[ray Beach. S:\City Clerk\Agenda merno~\Bfidge Openlngs.05.04.04 CITY OF DELRIIY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Al.America City DATE: April 23, 2004 MEMORANDUM TO: David Harden, City Manager Robert Barcinski, Assistant City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Bridge Openings - (Need response by May 7, 2004 in order to meet May 10, 2004 deadline) The Coast Guard provided notice of an impending rule based on tests held from March, 2003 until June, 2003. The proposed rule would require the Linton, Atlantic, and George Bush bridges to be open twice an hour. Comments must reach the Coast Guard before May 10, 2004. Our office received comments from former Public Works Director Dennis Kelly (see attached). Dennis has indicated he believes the openings should be staggered. Under the rule, as proposed, it appears that the Linton and Atlantic Avenue bridges are to be open on the quarter hour and three quarter hour, and the N.E. 8th Street bridge to be open on the hour and half hour. Please let me know what course you want to take. (Please note that the proposed rule has the Spanish River Bridge open on the one hour and half hour schedule and the Woolbright Bridge open on signal). Attachments PUBLIC WORKS MEMORANDUM To: From: Date: Re: SD~Si~ ?nK~,~in~t~e ~ttlrD~ctor Pub Hc Wor ~ April 14, 2004 Bridge Openings The distance north and south of the three (3) bridges in Delray Beach (Linton, Atlantic and Bush) are 3.8 and 3.7 miles respectively (from Spanish River and Ocean Avenue). The timing of openings is irrelevant due to the distance (almost 4 miles). However, the times of openings between the three (3) bridges in Delray need to be better staggered to compliment both boat and automobile traffic due to their "closeness" to each other. The middle bridge of the three (Atlantic Avenue) needs to be different from the other two (2) (Linton and Bush). If the two (2) north and south bridges are on quarter and three-quarter hour openings, then Atlantic should be on hour and half-hour openings. If Linton and Bush are on hour and half-hour openings, then Atlantic should be on quarter and three- quarter hour openings. Boats can easily negotiate the one mile distance within the 15 minute differences and should reduce the time the spans have to remain open as they pass through. Therefore, it is recommended Linton Boulevard bridge be changed to open on the hour and half-hour. C: David T. Harden, City Manager DWK:jaf File: Adm.bridge~.doc RECEIVED APR I 5 200~ OITYATTOFINEY MILE MARKER 1041.10 1039.60 1.50 1039.60 1038.70 0.90 1038.70 1035.00 3.70 1044.90 1041.10 3.80 LOCATION Linton Boulevard Atlantic Avenue Distance Between Atlantic Avenue NE 8th (George Bush) Distance Between NE 8th (George Bush) Ocean Ave.(Boynton) Distance Between Spanish River (Boca) Linton Boulevard Distance Between RECOMMENDED OPENING Quarter/3-Quarter Quarter/3-Quarter no Difference Quarter/3-Quarter Hour/Half-Hour 15 Min. Difference Hour/Half-Hour Hour/Half-Hour No Difference/Irrelevant Hour/Half-Hour Quarter/3-Quarter 15 Min. Dif. Irrelevant U.S: DEPARTMENT OF HOMELAND SECURITY UNITED STATES COAST GUARD COMMANDER (OBR) SEVE2,rTH COAST GUARD DISTRICT BRICKI~! .IiPLAZA FEDERAL BUILDING 909 SOUTHEAST FIRST AVENUE, ROOM 432 MIAMI, FLORIDA 33131-30.60 Official Business Penalty for private use $300 POSTAGE AND FEES PAID U.S. Coast Guard PER_~,flT NE G-157-70100 FIRST CLASS MAIL CITY OF DELRAY BEACH 100 NW 1ST AVE. DELRAY BEACH, FL~ This address is listed on our mailing list under Code PALM BCH. If this is incorrect or you would like to be removed from our mailing list, please return this sheet with the action you would like taken. RECEIVED NAR 3 I 200/, CiTY A'n'ORNEY U.S. Department of /~r Homeland Security// United States /~ Coast Guard #~ Cemmander Seven~ Coast Guard District 9C9 S.E. Flrst Avenue Miami, FL 33131-3050 Staff Symbol: (obr) Phone: (305) 4t5-6744 Fa;c (305,) 415-6763 Email: mheberum~d 7.uscg.rnil 16593/Palm Beach March 11, 2004 Public Notice 14-04 The Coast Guard proposes to change the regulations governing the operation of most of the Palm Beach County bridges across the Atlantic Intracoastal Waterway, Palm Beach County, Florida. The proposed rule would require these bridges to open twice an hour with the Boca Club, Camino Real bridge opening three times per hour. The proposed schedule is based on a test the Coast Guard held from March, 2003, until June, 2003. The proposed schedules would meet the reasonable needs of navigation while acenmmodating increased vehicular traffic throughout the county DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD07-04-010] RIN 1625-AA09 Drawbridge Operation Regulations; Palm Beach County Bridges, Atlantic Ina'sceastal Waterway, Palm Beach County, Florida AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard pwposes to change the.regulations governing the operation of most of the Palm Beach County bridges across the Atlantic Intracoastal Waterway, Palm Beach County, Florida. The proposed role would require these bridges to open tv/ce an hour with the Boca Club, Camlno Real bridge open/ag three t/xnes per hour. The proposed schedule is based on a test the Coast Guard held from March, 2003, until June, 2003. The proposed schedules would meet the reasonable needs of navigation while accommodating increased vehicular traffic throughout the county. DATES: Comments and related material must reach the Coast Guard on or hefore May I0, 2004. ADDRESSES: You may mail comments and related material to Commander (obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, Miami, Flodda 33131. Commander (obr) maintalnn the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of [CGD07- 04-010] and will be available for ivzpection or copying at Commander (obr), Seventh Coast Guard District, between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard District, Bridge Branch, telephone number 305-415-6743. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulcmaking by submitting comments and rehted material. If you do so, please include your name ~ address, identify the docket number for this mlemaking [CGD07-04- 010], indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger th~n 8\1/2\ by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, serf-addressed postcard or envelope. We Linton Boulevard, mile 1041.1 Open on the hour, 20 minutes past the hour and 40 ml.u~es past the hour- Boca Club, Camlno Real, mile 1048.2 This proposed rule does not affect the lupiter Lighthouse bridge, mile 1004.1, end the lupiter Federal bridge, mile 1004.8, which would continue to operate on their current schedules. Public vessels of the United States, togs with tows end vessels in distress will be passed at anytime. Regulatory Evaluation This proposed rule is not a "significent regulatory action" under section 3(0 of Exacufive Order 12866, Regulatory Planning end Review, end does not require en assessment of potential costs end benefits under se¢fi0n 6(aX3) of that Order. The Office of M,nagement and Budget has not reviewed it under that Order. It is not "significant" under the regulatory policies and proendures of the Department of Homeland Security (DHS). The Coast Guard expects the economic impact of&is proposed rule to be so minimal that a full Regulatory Evaluation under the policies and procedures of the Department of Homeland Security is unnecessary. The proposed nile would provide timed openings for vehicular traffic end sequenced openings for vessel traffic end would have little, if any, economic impact. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a sigulficent economic impact on a substantial number of small entities. The term "small entities" comprises small businesses, not-for-profit orga-17~tions that are independently owned and operated and are not dominant in their fields, end governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant aconomic impact on a substential number of small entities. If you think that your business, organi~ttion, or governmental jurisdiction qualifies as a small entity end that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies end how and to what degree this role would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in undemtanding this proposed role so that they cen better evaluate its effects on them and participate in the rulemalclng. If this proposed rule would affect youl' .~ms]~ business, organi?~tiOll, or goverometoal jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for fedentlism under Executive Ordar 13132, Federalism, flit has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance en them. We have analyzed this proposed rule under that Order and determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in &is preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have talcing implications under Executive Order 12630, Governmental Actions and Interference With Constitotionally Protected Property Rights. 3 Sec. 117.261 Atlantic lnlracoastal Waterway from St. Marys River to Key Largo. (q) l~alantown Road bridge, mile 1006.2. The draw shall open on thc hour and half-hour. (r) Donald Ross bridge, mile 1009.3, at North Palm Beach. The draw shall open on the hour and hslf- (s) PGA Boulevard bridge, mile 1012.6, at North Palm Beach. The draw shall open on the hour and (0 Parker (US-l) bridge, mile 1013.7, at Riviera Beach. ~ draw shall open on the quarter and three- quarter hour. (u) Flagler Memorial (SR A1A) bridge, mile 1020.9, at Palm Beach. The draw shall open on the quaCer and three-quarter hour. (v) Royal Park (SR '/04) bridge, mile 1022.6, at Palm Beach. The draw shall open o11 lhe hour and (w) Southern Boulevard ($R 700/80) bridge, mile 1024.7, at Palm Beach. The draw shall open on the hour sna half-hour. (x) Ocean Avenue bridge, mile 1031.0, at Lent~n~: The draw shall open on the hour and h:~l f-hour. (y) Ocean Avenue bridge, mile 1035.0, at Boynton Beach. Yae draw sh~ll open oll the hour and half- hour. (z) N.E. 8th S~reet (George Bush) bridge, mile 1038.7, at Delray Beach. The draw ~hsll open on the hour and half-hour. (z- 1) Atlantic Avenue ($R 806) bridge, mile 1039.6, at Delray Beach. The draw shall open on the quarter and ~uaner-hour. (z-2) Linton Boulevard bridge, mile 1041.1, at Delray Beach. The draw shall open on the quarter and three-quarter hour. (z-3) Spanish River bridge, mile 1044.9, at Boca Raton. The draw shall open on the hour and half- (aa) pslmo,~ Park bridge, mile 1047.5, at Boca I/atom 4~he draw shall open on the hour and half- (an-I) Boca Club, Camlno Real bridge, mile 1048.2, at Boca Raton. The draw shall open on the hour, twenty minutes past the hour and forty minutes past the hour. · Dated: February 24, 2004. Harvey E. lohuson, Ir., Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard Dh~icC [FR Doc. 04-5348 Filed 3-9-04; 8:45 am] B~r l.n~lO CODE 4910-15-P MEMORANDUM TO: FROM: Through: SUBJECT: DATE: David T. Harden City Manager Yvonne Walker {~'~J Budget Administr~ator Joseph Saffot~. Finance Director Mid-Year Budget Amendment for FY 2003/2004 Apdl 21, 2004 Attached please find Resolution 30-04 which amends the budget for Fiscal Year 2003-2004. Also attached are supporting schedules for your review. Please let me know if you have any questions Becky O'Connor, Treasurer Attachments RESOLUTION NO. 30-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 64-03 ADOPTED SEPTEMBER 23, 2003, AND RESOLUTION NO. 15-04 ADOPTED MARCH 11, 2004, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALI. NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2003/2004, BY SEI'I'ING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2003/2004; REPEALING A I.L RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 64-03 adopted by the City Commission of the City of Delray Beach, Florida, on September 23, 2003, and Resolution No. 15-04 adopted March 11, 2004, are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A', are hereby appropriated upon the terms and conditions herein set fot~. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1't day of October, 2003, and ending the 30e' day of September, 2004, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1'* day of October, 2003, and ending the 30th day of September, 2004. ~ That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the dose of business on the 30* day of September, 2003, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the l~t day of October, 2003. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, .~fion Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1't day of October, 2003. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such depairi~,ent, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public heatings were held on the tax levy and the budget on September 9, 2003, and September 23, 2003. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in reg. l~r session on this the 13~ day of Aptil, 2004. MAYOR City Clerk 2 RES. NO. 30-04 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2003-2004 CASH BALANCES BROUGHT FORWARD ESTtMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & USe T~xes Franchise Te~es Other Taxes ~ & Peemits Cha~es for Se~ces 7.52 0.48 General Fund DOWNTOWN SPECIAL AMENDED DEVELOPMENT ENTERPRISE REVENUE FY 03/04 FUND FUND~i FUNDS TOTAL 2.697.617 72.060 1.855,370 879.360 5,504.407 34.098.490 34.098.490 2.157.380 2.157.380 89.000 89.000 209.780 209.780 1.760.000 1,760.000 3.788.000 3.788.000 4.074.000 4.074.000 3.650.000 3,650.000 3.19t.110 3.191.110 6.727.870 4.180 1.786.900 8.518.950 5.778.000 32.519.910 38.297.910 924.500 924.500 2.767.930 7.000 606.480 23,000 3.404,410 10.711.720 425~000 1~373~820 12~510~540 79.718.000 216~780 33;$55~570 3~217~055 116~707~405 82.415.617 288.640 35.410~640 41096~415 122.211~81~2 TOTAL EXPENDITURES AND RESERVES 7.416.700 7.416.700 30.610.270 39,180 39.649.450 424.282 20.361.380 20.785.662 1.603.310 1.603.310 3.582.210 288.840 2.476.795 6.347.845 119.000 119.000 10.186.795 3.610,560 1.318.960 15,116.315 3.766.570 5.653,730 9,420.300 15.582.138 5~301r940 212~750 21~096~828 82.291.275 288.840 64.776.610 4,047.685 121.404.410 124~342 483~330 48~730 656r402 82.415.617 288.640 35.410.640 4,096.41~5 122,211.81~2 REVENUES DESCRIPTION surplus bt-ought forward au~lus Ix, ought forward surplus brought f~vaxd utility florida telel~l ~moliti~a p~ait t~nma~tlo~t Introit dm~ge of ,~mactor no final in.~nion sl~al ~v~nta appl f~ zon~n~ cemeteq, fe~/~gen/cl~ a/r: nu~ance abatanmm parking fees-lots a&b 2004 BUDGET 35,948,870 3,085,000 41,000 75,000 3.900,000 4,166,000 624,750 1,400,000 99,000 126,500 35,000 <5O0 6,600 80,000 20,000 12,000 120,000 15,000 7,000 30,000 5,650 56,290 275,220 9,360 8AO0 6,160 18,450 20,000 50,000 30.000 45,500 17,000 2004 FINANCE PROJECTION 700,000 151,890 36,255,870 3,575.000 60.000 106,000 3,930.000 3,650,000 630.000 1,500,000 100,000 135,000 24,600 30,000 5,000 10,000 90,000 10,000 24,000 185,000 12,500 8.000 35,O00 1,500 8,000 1,900 52,030 10,460 225,220 75,OOO 10,000 4O,OOO 19,960 13,100 4,160 1,400 17,450 35,000 53,500 45.OO0 30,000 17,500 VARIANCE 700,000 151.890 307,000 490,000 19,000 31,000 30.000 (516,000) 5,250 100,000 1,000 8,500 24,600 (5,o0o) 5o0 3,400 (10,000) (2,5OO) 2,350 1.900 (4,260) 10,460 1,100 (50,0O0) 75,000 10,000 40,000 10,600 5,000 (2,0OO) 4O0 (1,O00) 15,000 3,500 15,O00 (15,500) 500 307,000 bas~d on his~rical frond 54O.OO0 30,000 (516,000) down statewide 10% 5,250 215,000 ~6,550 DESCRIPTION re~ facil rental-vet pk ~nnis membe~hips tennis gert admissions other ¢ommissiom re,aais etr misc. taxable other parks & rec pa~in~ ticket - PD $12.50 Iraltie fines fines-code enfe~nnnem pertain-no bld~ pe~at ~ra lobl~yist/planm' corer donated prq~my mi~ rev-Matc-hpt Charity Sub-tetal 2004 BLrDCJET 4,800 12,000 17,000 2,000 I60,000 70,000 7,500 23,000 188,000 60,000 16,000 25,000 14,000 12,000 3,000 10,000 10,000 18,000 10,000 51,001,250 2004 FINANCE PROJECTION 8O0 15,000 14,000 32,000 148,000 82,000 10,500 2,500 22,000 200,000 00,000 20,000 20,000 11,000 7,750 4,500 1,630 ~000 7,5O0 2,500 CURRENT YEAR VARIANCE (4,000) 3,000 (3,0OO) 30,000 (12,ooo) 12,000 3,OO0 2,500 (1,000) 12,000 30,000 4,000 (5,00O) 0,000) (4,250) (10,000) (2,500) 2,500 Davi~ Cup parking ($16,000); ticket sal~ ($16,000) 70,0OO 41,000 214,100 SW 9th Inop. Sale Glo~ Awards 1,844,790 1,844,790 7,832,000 7,832,000 T~ad 51,001,250 60,678,040 9,676,790 9,676,790 GENERAL FUND REVENUES MARCH 31, 2004 (PERIOD 6) FISCAL YEAR 2003-04 General Fund Revenue Introduction General Fund revenue collection for the six-month period ending March 31, 2004 totalled $51,147,765 or 72% of the total budget. The City can expect a surplus of $992,900. This excludes encumbrances brought forward totaling $124,501, surplus brought forward totalling $2,573,116 and bond proceeds of $7,832,000. A brief analysis of each revenue category is as follows: Surplus Brought Forward In addition to the current balance of $1,721,226, a surplus of $851,890 will be brought forward from the prior year resulting in a total surplus brought forward of $2,697,617. Additional funds will be brought forward to fund the Library bridge loan ($700,000), NE 4t~ Avenue Project ($151,890). Ad Valorem Tax Revenue Ad valorem tax revenue totalled $33,071,568 or 92% of budget through this period. The City can anticipate a surplus of $307,000 at fiscal year end based on historical trending. Sales and Use Taxes Sales and Use Taxes totalled $844,363 or 48% of the budget. The City can anticipate realizing budget at fiscal year end. Franchise Taxes The City has collected $1,754,894 or 54% of the budget for this category. The City can anticipate a surplus of $540,000 at fiscal year end due to increased projections for franchise fees based on electric usage ($490,000), franchise fees based on gas ($19,000), and on towing ($31,000). Franchise fees on electric are 17% over the collection for the same period of time last year while utility taxes on electric are only 1% over the collection. Utility Taxes Utility Tax revenues totalled $2,083,141 or 52% of the budget. The City can expect a surplus of $30,000 at fiscal year end. Other Taxes The communication service tax (CST) revenue collections totalled $1,802,510 or 43% of the budget. This revenue source is down $228,622 or 1 I% for the same period last year. Based on this, the City can anticipate a shortfall of $516,000 at fiscal year end. The State has advised us that the revenues are down statewide by 10%. Licenses License revenues totalled $611,385 or 96% of the budget. The City can anticipate a surplus of $5,250 at year end. Permit Revenues Permit revenues totalled $1,510,523 or 65% of the budget. The City can anticipate a surplus of $215,000 at fiscal year end. The surplus is primarily based on expected surplus balances in building permits ($100,000), plumbing permits ($1,000), air conditioning/heat permits ($8,500), Florida Teleport revenues ($24,600), gas permits ($3,400), tree permits ($12,000), tenant/landlord permits ($65,000), and landscape permits ($5,000). This is offset by shortfalls in shutter permits ($5,000), seawall/dock permits ($10,000), and change of contractor fees ($2,500). Intergovernmental Revenues Intergovernmental revenues are at $3,264,118 or 49% of the budget. The City can anticipate a surplus of $76,090 at fiscal year end. The surplus is primarily based on expected surplus balances relative to the McArthur Foundation line item ($75,000), the Tourist Development Council contribution to the Davis Cup ($40,000), Waste Tire Grant ($10,460) and the animal service kennel grant ($10,000) offset by a shortfall in the Children Service Council grant line item ($50,000). Charges for Services Charges for Services totalled $2,918,688 or 51% of the budget. The City can anticipate realizing a surplus of $70,000 at fiscal year end. The surplus is primarily based on expected surplus balances in special event revenue ($32,000), zoning fees ($10,560), conditional use fees ($5,000), project inspection fees ($15,000), cemetery fees ($3,500), nuisance abatement account receivable ($15,000), community facility rental ($3,000), special event revenue ($5,000), tennis general admissions ($12,000), and other commissions ($3,000). This will be offset by expected shortfalls in parking fees/lots a&b ($15,500), aquatics ($1,000), Veteran's Park facility rental ($3,000), and tennis memberships ($12,000). Fines and Forfeitures Fines and Forfeitures totalled $453,493 or 51% of the budget. The City can anticipate a surplus of $41,000 at fiscal year end. This is based on parking ticket revenue ($12,000), $12.50 traffic fines ($30,000), and code enforcement fines ($4,000) offset by a shortfall in no building permit penalties ($5,000). Interfund Transfers Interfund Transfers are at $5,000 or 50% of the budget. The City can anticipate being at budget at fiscal year end. This is based on an expected surplus in the utility tax debt service interest transfer ($2,500) offset by the 2000 roadway program fund interest ~msfer ($2,500). Contribution from Other Funds Contributions from Other Funds are at $1,434,860 or 50% of the budget. The City can anticipate being at budget at fiscal year end. Recoverv of Administrative Costs Recovery of Administrative Costs is at $927,177 or 49% of the budget. The City can anticipate being at budget at fiscal year end. M~eeHaneousRevenue Miscellaneous revenues totalled $466,045 or 70% of the budget. The high percentage to date is primarily due to the receipt of the Auburn Trace loan paymem. The City can anticipate a surplus of $214,100 at fiscal year end. The surplus is based on anticipated surplus balances in the sale of land ($61,100), donated property ($91,420), Matchpoint Inc. Charity revenue ($50,000), and CRA Contribution towards the Dharma law suit settlement ($45,000) offset by a shortfall in miscellaneous revenues ($10,000), tennis stadium rental ($4,250) and interest from the tax collector ($3,000). EXPENDITURES P~r year dept. adj 64,797 6111-519 MISC-CONTG.(6111) 19~200 7,228,527 S.d~t ~fec',~ V.~nce 230,510 (8,620) 1,286,640 (7,050) 181,248 (172,048) CULT~RECR 4111-572 P & R 6,959.620 7,042,252 (82,632) 4210-575 TENNIS OPERATIONS 1,437,130 1.707.910 (270.780) 6311-572 MISC GRANTS-OTHER(6311) 73,530 73,530 Prior year depl. adj 26,103 26,103 6312-579 GRANTS OLD SCHOOL SQUARE(6312) 187.000 187,000 6315-571 LIBRARY (6315) t.150~000 trt501000 9,833,383 10,186,795 (353,412) PUBLIC SAFETY 2111-521 POLICE 2311-522 FIRE Pfio~ year encumbrances 2711-524 COMM IMPROV 20,783,530 2t.025.065 15,706,680 15,g20,264 23,471 23,471 2,616A50 2,641,470 PHYSICAL ENVIR 3111-5~4 PUSLIC WORKS- ADMIN P~or year e~cumbmnces 4511-539 CEMETERY (241,535) (213.584) 3110-541 3141-54t 3151-541 3142-54t TRANSFO~TATIOH PUBLIC WORKS-STREETS PUBLIC WORKS-TRAFFIC OPERATIONS Prio~ yea~ encumbrances PUBLIC WORKS-PARKING PUBLIC WORKS-ST LIGHTING (25.020) (480,139) HURI~AN SVCS 6311-562 MISC GRANTS (6311)-C/R 171,490 172,990 (1.500) 5,700 5.700 227,500 245~592 (18~092) 404,690 424,252 (19,592) RESERVES 6111-519 CONTINGENCY (Mgr) 574,400 571,655 2,745 314,550 315,415 (865) 4.430 4.430 0 75.840 77,040 (1,200) 634,770 634,770 0 6311-559 ECONO'SC ENVlR CRA GRANTS & AIDS 119,000 119,000 0 71tl-519 DEBT SERVICE 346,380 124.342 222.038 9111-581 OTHER FIN USES Interfund Transfers 3,364,360 3.35t,290 13,070 139.220 230.920 (91 3,503,580 3.582.210 (78,630) 3,837.140 3,7E6,570 70,570 6.732,006 15.582,138 (8,850,132) To{al 72,738.827 82,415,617 (9,676,790) Mid Year Budget Amendment Fiscal Year 2003-2004 General Fund Expenditures The General Fund expenditures totaled $44,996,634 or 54% of the proposed amended budget of $82,415,617. The departmental adjustments overall totaled $9,676,790. The $9,676,790 includes a transfer of $7,832,000 for bond proceeds. A briefjustification of departmental adjustments is as follows: General Government Services This category includes the legislative and adminisWative departments of the City and the miscellaneous division. The increase in General Government expenditures totals $201,113. The increase of $6,820 in the City Commission's budget covers additional funding for a Goal Setting Facilitator and travel cost for three commissioners to attend the Transforming Local Government conference in Reno Nevada. The Public Information Office's surplus of $2,980 represents an unspent budget for health insurance The City Clerks Office's surplus of $14,420 represents a provision for termination pay. The employee's termination will be in FY04/05 instead of FY03/04. A portion of the surplus will be used to purchase three replacement computers. Finance Department's audit fees were significantly higher than anticipated and require a budget increase of $7,050. The City Attorney's budget increase of $5,500 is needed to offset an anticipated budget shortfall for General Employee Pension costs. Administrative Services Divisions' request of $9,105 covers projected overruns in telephone expense of $3,000; Electricity of $4,000 and the purchase of computer equipment of $2,105. The increase of $6,520 in Public Works Administration covers an unbudgeted expense for annual signal maintenance costs payable to CSX Transportation The Miscellaneous Contingency reflects a budget increase $172,048. This increase includes budget provisions for the acquisition of county owned property at $91,400, offset in revenues of the same amount; a legal settlement of $50,258; $30,390 for grant consultant contract; paymant of $11,000 to the Commanity Neighborhood Helping, Inc to be reimbursed by the County. Cultural and Recreation This category includes the Parks and Recreation Department, the Old School Square Grant and Library and miscellaneous cultural and recreational grants. The increase in this category is $353,412. The Parks and Recreation Department's increase of $82,632 covers the following shortfalls: the Skateboard Park, part-time staffing, $13,100; Ocean Rescue part-time staffing, $14,600; irrigation expense at Pompey Park, $9,600; repair and replacement of decking and support structure on the dock at Veterans Park, $40,000. The Tennis Operations Department's net increase is $148,780. Over expenditures of $270,780 are offset in revenues by $122,000. The shortfall of $270,780 includes $189,500 for the Davis Cup Tennis Tournament. The shortfall was offset by $72,000 in ticket and parking revenue receipts. An increase of $75,000 covers an amendment to the "Matchpoint" Contract. This increase is offset by $50,000 reimbursements from charity events. Mid Year Budget Amendment Fiscal Year 2003-2004 Public Safety This category includes the Police and Fire Departments and Community Improvement. The Department budgets in this category represent 48% oftbe general fund budget total. The increase in the Public Safety budget category equals $447,562. The Police Department's budget is 45% expended at 50% budget period lapsed. A transfer from the City Manager's contingency provides $241,535 to offset the anticipated shortfall in police overtime, $34,450 for communication client user license and $20,850 for unanticipated building maintenance cost. One new position, Building Maintenance will be added at mid-year. The cost of this position will be transferred from the janitorial services expenditure budget. The Fire Department's budget increase of $213,584 includes: an increase of $47,500 for ten triage cardiac tests and meters omitted doing initial budget process, however the expense is offset by a grant of $47,500; $8,600 to replace an air condition at Fire Station #2; termination pay for two employees of$52,183; $66,996 for an additional Fire Lieutenant end vehicle cost orS17,304; $10,600 increase to corrected an under funding for Retiree Health and Liability insurance; to provide funds of $10,330 for liability insurance for the Medical Director. The Community Improvement budget shows an increase of $25,020. The increase covers the cost of an inspection service to fill in for Inspectors during vacations of $3690 and $21,000 to fund a new Rental Housing Inspector, effective hire date of May, 2004. Physical Environment This category consists of Public Works Administration and the Cemetery, reflects an increase of $19,592. The increase primarily covers the Cemetery's irrigation budget over nm of $9,800. Transportation This category includes the Public Works Department. The department has four divisions, Streets, Traffic Operations, Parking, end Street Lighting. There is net departmental chenge of $680. Economic Environment This grouping shows a net increase of $78,630. This balance includes a $13,070 decrease, a payment reduction intended for the CRA; funds the first year of the $150,000 MacArthur Foundation grant at $75,000. Debt Service The $70,570 decrease in debt service category is due to thc savings attributed to the issuance of a 2003 Revenue Refunding and Improvement Bond. Other Financing Uses This category accounts for inter-fund transfers. The increase in budget of $8,850,132 includes: a $700,000 "Bridge Loan" for the Library construction project. A net transfer of $151,882 will be used to supplement cost of the N.E.4th Avenue project, total cost of $626,000. This money will be recovered from planned assessments. The increase also includes a $150,000 transfer to the Tennis Fund, representing a prior year accounting adjustment to dissolve the fund. The major increase of $7,832,000 is due to the accounting of the 2003 Revenue Refunding Improvement Bonds. Mid Year Budget Amendment Fiscal Year 2003-2004 City Manager's Contingency, after all adjuslments to balance revenues to expenditures were made, reflected a net decrease of $222,038. Inter departmental transfers include the payment of $50,258 for a property settlement; transfers to the police deparanent for overtime of$186,235 and $34,450 for Motorola communications client licenses; a transfer of $132,000 to the Fire Department for an additional Fire Lieutenant Inspector ($66,996), a vehicle for that position ($17,300) and termination pay for two employees at $51,800. Transfers to the departments totaled $424,770. This total was offset by $135,345 in other departmental budget surpluses and an extra $67,390 fi.om refinancing of revenue notes. Other Funds Law Enforcement Trust Fund This budget is being adjusted to account for the actual revenues received during this fiscal year of $33,335 and to adjust the balance brought forward of $5,845. Community Development Fund Fiscal Year 2002/03 balances for Neighborhood Housing, SHIP, Hope III programs and remaining Housing Rehabilitation Block Grant balances were brought forward. Total brought forward is $881,015. Beautification Trust Fund This budget is being adjusted to adjust for a balance brought forward of $7,500 and represents the remaining grant balance of the Palm Beach County Grant for Linton Boulevard. Sanitation Fund No changes or adjuslment to this fund. Water and Sewer Fund A $211,000 transfer of prior year fund balance provides for unanticipated operating costs. Unanticipated repairs to dump trucks increased repair cost by $16,000. A combination of increased average dally flows and increased cost of lime results in shortfall orS100,000. An under budget of legal fees and uncertainty of the direction of pending litigation last year has resulted in $75,000 shortfall. Municipal Golf Course No changes or adjustraent to this fund. Lakeview Golf Course No changes or adjustment to this fund. Stormwater UtiliW Fund No changes or adjustment to this fund. Garage Fund No changes or adjustment to this fund. Insurance Fund Mid Year Budget Amendment Fiscal Year 2003-2004 No changes or adjusUnent to this fund. [lTV OF DELRrI¥ BEri[H CITY ATTORNEY'S OFFICE DELRAY BEACH ~ DATE: Ali. America City FROM: April 26, 2004 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM David T. Harden, City Manager Susan A. Ruby, City Attorney SUBJECT: Referendum Removing Deed Restriction on Lot 15 Located Behind the Current Library Site A 1936 deed for the North 48 feet of Lot 15, Block 101, located behind the current library contains a restriction that can only be released by a majority of those voting in a referendum. The restriction says that the lands are to be used for municipal purposes but may be sold or transferred by the City if consent is obtained in a special election. As you know, a similar referendum was held for a lot comprising part of the existing library site. At the time of the previous referendum, the property behind the library was not contemplated as being part of an assemblage of redevelopment. At this time, however, it is anticipated that the property behind the library may become part of a redevelopment package along with the current library site. Attached is a copy of a survey showing the lot comprising the North 48 feet of Lot 15. In order to place the question on the ballot, a decision needs to be made on whether the question should be placed on the August 31, 2004 primary ballot or the November 2, 2004 general election ballot. The deadline to submit the ballot question to the Supervisor of Elections is July 12, 2004 for the primary ballot and September 10, 2004 for the November 2, 2004 general election. Other notices and advertisements would need to be processed in June or July per email from Barbara Garito, City Clerk. I have prepared the notices requested but need to insert the appropriate date of a referendum election. Please let me know when you want the question to be conside~ers. SAR:sml~ Attachment cc: Barbara Garito, City Clerk Chevelle Nubin, Assistant City Clerk Diane Colonna, CRA Director Robed Federspiel, Esq. I:ITY OF DELRflY BEfl[H CiTY ATTORNEY'S OFFICE 200,.,w ,s, ^V~N,~E. ,~E,...,-~.~^c., ~,~0,~,,~^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: April 29, 2004 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Revised Construction Contract Standard Form Attached please find the revised standard form construction contract. The proposed changes were recommended by Malcolm Cunningham, outside counsel representing the City in the Florida Blacktop cases. The major changes are as follows: Modification to or addition of definitions. Change order procedures are further explained to provide that all change orders must be in writing and certain procedures followed. Clarification of certain bidding provisions in the Instructions to Bidders Section. Clarification of liquidated damages provisions. Insertion of "no damages for delay provisions". Modification of the general conditions to clarify the contractor's responsibilities. Please place this Standard Form General Construction Contract on the May 4, 2004 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: Richard Hasko, Director of Environmental Services TABLE OF CONTENTS TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF DELRAY BEACH PROJECT NO. ADDENDA ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS PROPOSAL (BID FORM) BID BOND AGREEMENT FLORIDA PERFORMANCE BOND FLORIDA PAYMENT BOND CERTIFICATES OF INSURANCE LIMITED POWER OF ATTORNEY NOTICE OF TENTATIVE AWARD NOTICE TO PROCEED CERTIFICATE OF SUBSTANTIAL COMPLETION WARRANTY OF TITLE FINAL RECEIPT - RELEASE OF LIEN GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 01020 01025 01041 O1O45 01050 01090 01152 01153 01200 01310 01340 01370 01380 01410 01500 O153O 01570 01580 SUMMARY OF WORK ALLOWANCE MEASUREMENT AND PAYMENT PROJECT COORDINATION CUTTING AND PATCHING FIELD ENGINEERS REFERENCE STANDARDS APPLICATION FOR PAYMENT CHANGE ORDER PROCEDURES PROJECT MEETINGS CONSTRUCTION SCHEDULES SHOP DRAWINGS SCHEDULE OF VALUES CONSTRUCTION PHOTOGRAPHS TESTING LABORATORY SERVICES CONSTRUCTION FACILITIES AND TEMPORARY CONTROL BARRIERS TRAFFIC CONTROL PROJECT IDENTIFICATION AND SIGNS 01590 01600 01630 01650 0166O 01672 01700 01730 FIELD OFFICES AND SHEDS MATERIAL AND EQUIPMENT SUBSTITUTIONS AND PRODUCT OPTIONS STARTING OF MECHANICAL SYSTEMS TESTING, ADJUSTING AND BAL. ENV. SYSTEMS TESTING PIPE SYSTEMS - POTABLE AND NON-POTABLE CONTRACT CLOSE-OUT OPERATING AND MAINTENANCE DATA DIVISION 2 - SITE WORK 02010 02050 02110 02210 02211 02220 02235 02260 02281 02360 02483 02490 02511 02512 02513 02515 02520 02546 02550 02574 02580 02645 02661 02675 02680 02720 02726 02730 02767 02770 02775 02780 02785 02800 02830 SUBSURFACE INVESTIGATION BUILDING DEMOLITION CLEARING AND GRUBBING EXCAVATION AND SWALE GRADING SITE GRADING TRENCHING, BACKFILLING AND COMPACTING LIMEROCK BASE, PRIMED FINISH GRADING TERMITE CONTROL CONCRETE PILING RIP-RAP (sand cement) SUBAQUEOUS PIPING SYSTEMS CONCRETE SIDEWALKS CONCRETE SIDEWALK RESTORATION ASPHALTIC CONCRETE PAVING CONCRETE PAVING STONES CONCRETE CURBS AND HEADERS ASPHALTIC CONCRETE - FINAL SURFACE COURSE ASPHALTIC CONCRETE OVERLAY PAVEMENT REMOVAL AND REPLACEMENT PAVEMENT MARKINGS VALVES, COCKS, AND APPURTENANCES WATER MAINS DISINFECTION OF POTABLE WATER LINES TESTING PIPE SYSTEMS - POTABLE WATER STORM DRAINAGE SYSTEM EXFILTRATION TRENCH SANITARY SEWER PIPE MANHOLE REHABILITATION POND AND RESERVOIR LINERS MANHOLES AND VAULTS FIBER OPTIC CONDUIT PULL BOXES IRRIGATION CHAIN LINK FENCING 02850 02900 02934 02944 02950 SPRINKLER SYSTEM - UNDERGROUND LANDSCAPING SODDING SEEDING TREES, PLANTS AND GROUND COVER DIVISION 3 - CONCRETE 03100 03200 03250 03251 03300 03316 03361 03420 03421 03600 CONCRETE FORMWORK CONCRETE REINFORCEMENT CONCRETE ACCESSORIES EXPANSION AND CONTRACTION JOINTS CAST-IN-PLACE CONCRETE PRESTRESSED CONCRETE STORAGE TANKS SHOTCRETE PRESTRESSED CONCRETE STORAGE SECTIONS PRECAST CONCRETE SECTIONS GROUT DIVISION 4 - MASONRY 04100 04300 MORTAR UNIT MASONRY SYSTEM DIVISION 5 - METALS 05120 05121 05500 STRUCTURAL STEEL REPAIR AND RENOVATIONS METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTICS 06900 WEIRS, TROUGHS, AND SUPPORTS DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07160 07175 07211 07212 07514 07600 07830 07900 BITUMINOUS DAMPPROOFING WATER REPELLENT COATINGS GRANULAR INSULATION RIGID INSULATION BUILT-UP ASPHALT ROOFING FLASHING AND SHEET METAL ROOF HATCHES CAULKING & SEALANTS ADVERTISEMENT FOR BIDS CITY OF DELRAY BEACH PROJECT NO. BID NO. The work generally consists of the following: Sealed Proposals will be received by the undersigned at the office of the Purchasing Officer, City Hall, 100 NW 1st Avenue, Delray Beach, Florida, 33444, until on at which time they will be publicly opened and read aloud. All work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the City Engineer, 434 S. Swinton Avenue, Delray Beach, FL 33444, phone 561-243-7300. Interested parties may contact the City Engineer at 434 S. Swinton Avenue, Delray Beach, FL 33444 or phone for additional information. Copies of the Plans and Specifications may be obtained from the Purchasing Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Call Purchasing at 561-243-7163 to ensure sufficient supply. A twenty five dollars ($25.00)twenty-five dollars ($25.00) per set, non-refundable fee will be required when securing the Contract Documents. Checks for securing Contract Documents are to be made out to the City of Delray Beach. Any bid received after time and date specified will not be considered. One contract will be awarded for all work outlined above and described in the plans and specifications. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable bid bond in an amount not less than five percent of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. No bidder may withdrew his bid for a period of sixty days after the day set for the opening of bids. The City of Delrey Beach, Florida reserves the right to reject any and all bids, to waive informalities, to re-advertise and to award the Contract in its best interest. Advertisement Dates City of Delray Beach, Florida By:. Joseph Safford Finance Director 4 = INSTRUCTIONS TO BIDDERS Defined Terms. Terms used in these Instructions to Bidders which are defined in the City of Delray Beach, Florida Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the CITY, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, most qualified, responsible and responsive Bidder to whom CITY (on basis of CITY'S evaluation as hereinafter provided) makes an award that is most advantageous to the CITY. The CITY'S evaluation of the bid shall take into consideration the cost (total, unit price, or combination of both), CITY'S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner. The term "Bidding Documents" includes the advertisement for bids, Instructions to Bidders, the Bid Form, and the proposed contract documents (including all Addenda issued prior to receipt of Bids). "Addenda" means all written or graphic instruments issued by the City prior to the execution of the Contract that modifies or interprets the Bidding Documents by additions, deletion, clarifications or corrections. "Bid" means a complete and properly signed proposal to do the Work for the sum stipulated therein, submitting in accordance with the Bidding Documents. "Responsible Bidder" means a bidder having the required qualifications to perform the work set forth in the Advertisement for Bids; the Bidder's responsibility is determined by the City's good faith evaluation of whether, in the City's opinion, the Bidder possesses the judgment, skill, experience and financial resources necessary to perform the Contract. "Non-Responsible Bidder" means a bidder who, as iudged by the CITY, lacks those attributes of a Responsible Bidder necessary to perform the Contract. "Responsive Bid" means a bid in which the Bidder describes the Work in the same way as it is described in the advertisement for Bids; the Bidder's responsiveness is determined by the CITY'S evaluation of the Bid's conformance in all material respects to the Advertisement for Bids. Copies of Biddin,q Documents. 2.1 Complete sets of the Bidding Documents in the number and for the sum, if any, stated in the Advertisement for Bids may be obtained from CITY Purchasing Dept. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor CONSULTANT assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 CITY and CONSULTANT in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of CITY'S request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for in the Instructions to Bidders. Each Bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located. The CITY reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any Bidder to perform the Work and if, after investigation, the evidence of his competency or financial ability is not satisfactory, the CITY reserves the right to reject his bid. 4. Examination of Contract Documents and Site. 4.1. In submitting a Bid, the Bidder represents that it has examined the location of the proposed Work, by thorough examination of the Contract Documents, requirements of the Work and the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a bid dispute or complain of such estimate nor the nature or amount of work to be done. The Bidder further represents and warrants that it has visited the site, become familiar with local conditions under which the Work must be performed and has correlated its personal observations with the requirements of the Contract Documents. 4.2. Bidder shall be familiar with and fully comply with all federal, state and local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure to familiarize himself with applicable laws, ordinances, rules and regulations will in no way relieve bidder from the responsibility included in the applicable laws. Bidder is solely responsible for compliance with ail federal, state and local laws, ordinances, rules, regulations and applicable building codes. 4.3 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the CITY and the CONSULTANT by the owners of such Underground Utilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof. 4.4. Reference may be made to the Technical Specifications for the Identification of: 4.4.1. Those reports of exploration and tests of subsurface conditions at the site which have been utilized by CONSULTANT in preparation of Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical 4.5. 4.6. data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.4.2. Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by CONSULTANT in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 4.4.3. Copies of such reports and drawings will be made available by the CITY to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in Technical Specifications. In submitting a Bid, Bidder warrants the accuracy of the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the work, the general and local conditions and all other matters which can in any way affect the Work of this Project. The prices established for the work to be done will reflect all costs pertaining to the Work. Any claims for extras based on substrata or groundwater table conditions will not be allowed. By submission of its bid, Bidder affirms that he has, at his own expense, made or obtained any additional examinations, investigations, explorations, tests, and studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise, prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents and/or he has satisfied himself with respect to such conditions and he shall make no claims against the CITY or the CONSULTANT if on carrying out the Work he finds that the actual conditions do not conform to those indicated. In submitting its Bid, Bidder further warrants the accuracy of the plans and specifications with regard to all underground facilities. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests as Bidder deems necessary for submission of his Bid. Bidder shall schedule such access in advance with the CITY. 7 4.8. Upon completion of such additional field investigations and tests, Bidder shall completely restore disturbed areas. 4.9. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by CITY unless otherwise provided in the Contract Documents. 4.10. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of Article 4 of the Instructions to Bidders, "Bidder's Examination of Contract Documents and Site", that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations and Addenda. All queStions about the meaning or intent of the Contract Documents are to be directed to CONSULTANT. Interpretations or clarifications considered necessary by CONSULTANT in response to such questions will be issued by addenda mailed or delivered to ail parties recorded by CONSULTANT as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only ques- tions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by CITY or CONSULTANT. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is sub- mitted, shall examine the site and local conditions, and shall at once report to the CITY and CONSULTANT errors, inconsistencies for ambiguities discov- ered. 8 6. Bid Security. 6.1. Each Bid must be accompanied by Bid security made payable to the City of Delray Beach in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified check or cashiers check drawn upon any State or National Bank of Florida or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.1 of the General Conditions. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that Bidder, upon receipt of notification of tentative award of the contract, will enter into an Agreement with the CITY, and furnish the necessary documents including but not limited to: insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in the amount stated herein, ail bonds shall be written by a surety authorized to conduct business in the State of Florida and shall have a registered agent in the State of Florida, meeting the requirements of Paragraph 6.1 of the General Conditions. Bid Bonds issued on any form, other than those provided herein, will not be ac- ceptable. No bids will be considered unless accompanied by the required bid security. 6,2, The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security whereupon the Bid security will be returned. If the apparent successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Tentative Award, the CITY may annul the Notice of Tentative Award and the Bid security of that Bidder will be forfeited. The CITY may then accept the bid of the next most qualified responsible responsive Bidder, or re-advertise for bids. Ifthe bid ofthe next most qualified responsible responsive Bidder is accepted, this acceptance shall bind such Bidder as though he was the original successful Bidder. There shall be no binding contract until such time as the CITY accepts the contract and makes final award of the contract. The Bid Security of other Bidders whom CITY believes to have a reasonable chance of receiving the award may be retained by the CITY until the earlier of the seventh day after the effective date of the Agreement or the ninety-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not responsive will be returned within ten days after the Bid opening. 7. Contract Time. The number of calendar days within which, or the date by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. Liquidated Dama,qes. 10. Provisions for liquidated damages, if any, are set forth in the Agreement. Substitute or "Or-Equal" Items. The Contract, if awarded, will be on the basis of matedal and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to CONSULTANT, application for such acceptance will not be considered by CONSULTANT until after the Effective Date of the Agreement. The procedure for submittal of any such application by Contractor and consideration by CONSULTANT is set forth in Paragraphs 7.6.1, 7.6.2 and 7.6.3 of the General Conditions which may be supplemented in the General Requirements. No substitution will be considered pdor to receipt of Bids unless written request for approval has been received by CONSULTANT at least ten days prior to the date for receipt of Bids. Furthermore, no substitutions will be permitted in the absence of the express written consent of CONSULTANT. Subcontractors, Suppliers and Others. 10.1. If the Bid Form requires the identity of certain Subcontractors, Suppliers and other persons and organizations, including those who are to furnish the principal items of material and equipment, to be submitted, the Bidder shall provide such identification. If requested by the CITY or CONSULTANT, Bidder shall provide an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, supplier, person or organization. If the CITY or CONSULTANT after due investigation has reasonable objection to any proposed Subcontractor, supplier, other person or organization, either may, before the Notice of Tentative Award is given, request the apparent suc- cessful Bidder to submit an acceptable substitute without an increase in Bid price, if the apparent successful Bidder declines to make any such substitution, the CITY may retract its award of the Contract to Bidder and award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom the CITY or CONSULTANT does not make written objection prior to the giving of the Notice of Tentative Award will be deemed acceptable to the CITY and CONSULTANT subject to revocation of such acceptance after the Effective Date of the Agreement. Subcontractors shall not be changed without the approval of the CITY and the CONSULTANT. No acceptance by the CITY or CONSULTANT of any ]0 11. such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective work or materials not conforming with these specifications. 10.2. In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the apparent successful Bidder, as a condition precedent to being awarded the Contract, shall identify in writing to the CITY those portions of the Work that such Bidder proposes to subcontract. If the Bidder is awarded the Contract based upon such representations, it is precluded from subcontracting out any additional portions of the Work. 10.3. No Bidder shall be required to employ any Subcontractor, other person or organization against whom Bidder has reasonable objection. 10.4. No more than 40% of dollar value of the total contract work may be accomplished by subcontractors. Balance of work must be accomplished by selected Contractor's own forces. Each bidder must furnish with his proposal, a list of the items he proposes to sub-contract and the estimated cost of these items. Bid Form. 11.1. Bids must be submitted on the Bid Form formulated by the CITY. The Bid Form is included with the Bidding Documents; additional copies may be obtained from CONSULTANT. Failure to submit a Bid on the Bid Form provided herein or to fully complete the Bid in accordance with these instructions renders the Bid void and shall not be considered for award by the 11.2. All blanks on the Bid Form must be completed in ink or by typewriter and the Bidder will be responsible for its correctness. 11.3. Bids by corporations must be executed in the corporate name by the president, a vice-president, or other corporate officer accompanied by evidence of authority to sign and the corporate seal must be affixed and attested by the secretary or an assistant. The corporate address and state of incorporation shall be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, accompanied by evidence of authority to sign, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. il 11.6. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.7. The address to which communications regarding the Bid are to be directed must be shown. 11.8. The Bidder shall comply with the Florida Trench Safety Act, Fla. Stat. 553.60 et seq. All Bids shall include all information required by Statute. 11.9. The Bidder shall comply with the Public Entity's Crime Statute, Fla, Stat. 287.133. All Bids shall include the information required by Statute. 11.10. The Bidder shall comply with the Drug-Free Workplace Statute, Fla. Stat. 287.133 and provide information required by Statute. 12. Submission of Bids. 13. Bids shall be submitted at the time and place indicated in the Bid form and shall be included in an opaque sealed envelope, marked with the Project title and, if applicable, the designated portion of the Project for which the Bid is submitted and name and address of the Bidder. The sealed envelope shall be addressed to: City of Delray Beach Purchasing Office, 100 NW 1st Avenue, Delray Beach, FL 33444. Each bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the face thereof. Bidder assumes full responsibility for timely delivery of its Bid, which must be sent by registered mail or be means whereby the Bidder receives positive notification for delivery to the CITY. Oral, telephonic, faxed or telegraphic Bids are invalid and will not receive consideration. Modification and Withdrawal of Bids. 13.1. Bids may be modified or withdrawn only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted. Prior to the time and date set for the opening of bids, and the request for modification or withdrawal must be approved by the CITY and CONSULTANT. Bidders must ensure that their request for withdrawal of bid is received prior to the item and date set for the opening of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with the CITY and promptly thereafter demonstrates to the reasonable satisfaction of the CITY that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. Openin.q of Bids. Bids will be opened and read aloud publicly at the time and place indicated in the advertisement for Bids. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids. 15. Bids to remain Open. All Bids shall remain subject to acceptance for sixty (60) days after the day of the Bid opening, but the CITY may, at the sole discretion of the City, release any Bid and return the Bid Security prior to that date. 16. Award of Contract. 16.1. The CITY reserves the right to accept any Bid or combination of Bid alternates which, in the CITY'S judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, the CITY reserves the right to reject the Bid of any Bidder if the CITY believes that it would not be in the best interest of the City to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2. In evaluating Bids, the CITY shall consider the cost, CITY'S prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder and ability of bidder to complete the project in a timely manner as well as whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Tentative Award. 16.3. The CITY may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of Subcontractors, Suppliers and other persons and organizations must be submitted as provided in Section 10. The CITY also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Tentative Award. t3 16.4. The CITY may conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility qualifications and financial ability of the Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to the CITY'S satisfaction within the prescribed time. 16.5. If the contract is to be awarded, the contract will be awarded to the most responsible, responsive Bidder whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the CITY. 16.6. The CITY reserves the right to reduce the quantities of work to be done and to completely eliminate any items of the work listed in the Proposal in order that the work can be completed within the amount of available funds. 16.7. If the contract is to be awarded, the CITY will give the successful Bidder a Notice of Tentative Award within sixty (60) days after the day of the Bid opening. 16.8. In the event of irregularity in the bidding procedure, the CITY reserves the right to reject an unopened Bid, or receive and record it, if in the CITY'S best judgment such action accrues to the best interest of the CITY. Receiving and recording a Bid does not constitute a waiver of irregularities by the CITY. 16.9. The CITY shall have the right to reject Bids from Bidders whom the CITY has determined to be Non-Responsible. A Bidder determined to be Non- Responsible shall be prohibited from bidding or receiving Contracts for any future work for the CITY until the CITY, upon Bidder's application, declares the Bidder once again responsible. 16.10. Upon the CITY'S award of the Contract, the Bidder's failure to execute the Contract within ten (10) calendar days from the date of the notification of award shall be just cause and the CITY may annul and void the award and declare forfeiture of the bid security or good faith deposit in liquidation of all damages sustained. 16.11. Within ten (10) calendar days of the tentative Award of the Contract, Bidder shall submit to the CITY and Consultant in writing a list of all subcontractors, principal suppliers and fabricators, persons or entities proposed for the principal portions of the Work. 16.12. Upon execution of the Contract by the CITY and the successful Bidder, submittal of the required performance and payment bonds, certificates of in- surance, and receipt and approval of the required post-bid information, the CITY will issue the Notice to Proceed. ]4 17. Contract Security and Insurance. Article 6 of the General Conditions sets forth the CITY'S requirements as to performance and payment Bonds. When the successful Bidder delivers the executed Agreement to the CITY, it must be accompanied by the required performance and payment Bonds and required insurance certificates and policies if applicable. The surety on such bonds shall be a duly authorized Nationally recognized surety company satisfactory to the CITY. Such bond shall be executed and issued by a resident agent licensed and having an officer in Palm Beach, Dade, Broward or Martin County, Florida, representing such corporate surety. Attorney-in- fact who signs bonds must file with such bond a certified copy of their Power-of- Attorney to sign said bonds. All bonds and insurance must meet the requirements of Article 6 of the General Conditions. 18. Siqnin,q of A,qreement. When CITY gives a Notice of Tentative Award to a successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agree- ment and attached documents to CITY with the required bonds and insurance certificates. Within thirty days thereafter, the CITY upon final award by the City Commission shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. Qualification of Surety. See paragraph 6.1 of the General Conditions for the CITY'S requirements. 20. Apprentices. In the event this Contract is in excess of $25,000.00, the apprentice employment requirements of Chapter 446.011(3), Florida statutes are hereby incorporated: 20.1. The CONTRACTOR agrees: 20.1.1. That he will make a diligent effort to hire for the performance of the Contract a number of apprentices in each occupation which bears to the average number of the journeyman in that occupation to be employed in the performance of the Contract, the ratio of at least one apprentice to every five journeymen. 20.1.2. That he will, when feasible, assure that 25 percent of such apprentices are in their first year of training, except when the number of apprentices to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first-year apprentices, the hazardous nature of the work for beginning workers and excessive unemployment of the apprentices in their second and subsequent years of training. 20.1.3. That, during the performance of the Contract, he will make diligent efforts to employ the number of apprentices necessary to meet requirements of subparagraphs 1 and 2. 20.2. The CONTRACTOR agrees to return records of employment by trade of the number of apprentices and apprentices by first year of training and of journeymen and the wages paid and hours of work of such apprentices and journeymen, on a form as prescribed by the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities at three-month intervals. Submission of duplicate copies of forms submitted to the United States De- partment of Labor shall be sufficient compliance with the provisions of this section. 20.3. The CONTRACTOR agrees to supply to the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities, at three-month intervals, a statement describing steps taken toward making a diligent effort and containing a breakdown by craft of hours worked and wages paid for first- year apprentices, other apprentices and journeymen. 20.4. The CONTRACTOR agrees to insert in any subcontract under this Contract the requirements contained in this section. The term "Contractor", as used in such clauses and any subcontract, shall mean the subcontractor." 21. Florida Trench Safety Act-Compliance. 22. In the event this contract requires trench excavation, the requirement of Florida Statutes 553.60, et seq., shall be adhered to by all Bidders. Every Bidder shall provide a certification on the form provided and other required documentation. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not sub- mit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity inexcess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 23. Dru.q-Free Workplace. Every Bidder shall provide a certification on the form provided indicating whether the Bidder has implemented a drug-free workplace program pursuant to the requirements of Florida Statute Section 287.087. Preference in the award process shall be given, according to the statutory requirements, to a business that certifies it has implemented a drug-free workplace program. 24. BuildinR Permits, The CONTRACTOR shall make application and obtain the necessary building permits from the CITY or other governing bodies. There shall be no cost for permits issued by the CITY. 25. Sales Tax. The CONTRACTOR'S attention is directed to the fact that all materials and supplies necessary for completion of this contract are subject to Flodda Sales and Use Tax in accordance with Florida Statutes. 26. Sub-Contractinq / MBE Participation: The CITY reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the Bidder, who, in the opinion of the CITY will be in the best interest of and/or most advantageous to the CITY. The CITY also reserves the right to reject a bid of any Bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The CITY reserves the right to make said determination. It is the policy of the CITY that Minority and Women Business Enterprises (M/WBEs) shall have the maximum opportunity to participate in, and, perform projects financed with CITY, State and Federal Funds. Bidders are hereby informed that the CITY encourages the utilization and participation of Minority and Women Business En- terprises in contracts financed with CITY funds. Since subcontract awards by successful Bidders to minority/women firms are crucial to the achievement of the CITY'S objectives, Bidders are encouraged to seek Minority and Women Business Enterprises for participation in subcontracting opportunities. Assistance in identifying qualified Minority and Women Business Enterprises may be obtained from the CITY'S Purchasing Office. 27. Contractor's Certification. CONTRACTOR'S bidding on this project must hold a State license or a current certificate of competency issued by Palm Beach County Examining Board having ]7 28. jurisdiction over licensing of CONTRACTORS in the type of work involved in this contract. The Bidder must submit proof this requirement has been met. Indemnification. The Bid shall include in its pdce the sum of $10.00 in consideration, for the indemnification provision. The indemnification provision contained in Section 7.30 of the general conditions is incorporated herein, and made a part hereof, as if fully set forth herein. 29. Contingency Allowance. A contingency allowance may be included as part of the Schedule of Bid Prices. This allowance is included to cover contract item identified in Section 01020 - Allowances. Prior to the initiation of any expenditure of any contingency allowance, an executed formal Change Order is necessar~ for the utilization of contingency funds. The method for computing Change Order dollar amounts shall be as specified in the General Conditions. ]8 PROPOSAL Proposal of (BID FORM) (Contractor) (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: CITY OF DELRAY BEACH PROJECT NO, Purchasing Officer City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. Bidder agrees that the Work will be substantially completed within __ calendar days after the date when the Contract Time commences to run, and completed within __ calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ payable to the City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 20 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on a.) (If an individual, partnership, or non-incorporated organization) Signature of Bidder By: Print Name: Address of Bidder: b.) (If a corporation) Corporate Seal Signature of Bidder By:. Print Name: Address of Bidder: Incorporated under the laws of the State of c.) Certificate of Competency number d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature of Bidder By: Print Name: Title: 2! Business Address: Incorporated under the laws of the State of [Remainder of this page left blank intentionally] CERTIFICATE (if Partnership) STATE OF FLORIDA COUNTY OF ) ) ss ) ) I HEREBY CERTIFY held on passed and adopted: that a meeting of the partners of , a Partnership under the laws of the State of , 20__ the following resolution was duly "RESOLVED", that , as of the Partnership, be and he is hereby authorized to execute the Proposal dated , 20__, between the City of Delray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of By:. Print Name: Title: Subscribed and sworn to before me this day of ,20__. Notary Public My Commission Expires: 23 CERTIFICATE (if Corporation) STATE OF FLORIDA ) ) ss COUNTY OF ) I HEREBY CERTIFY held on passed and adopted: that a meeting of the Board of Directors of , a corporation under the laws of the State of ,20__ the following resolution was duly "RESOLVED", that , as of the Corporation, be and he is hereby authorized to execute the Proposal 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 this day of ,20__° By:. Print Name: Title: Subscribed and sworn to before me this day of ,20__, Notary Public My Commission Expires: 24 NON-COLLUSIVE AFFIDAVIT STATE OF FLORIDA COUNTY OF ) )ss ) being first duly sworn, deposes and says that: (1) He is the (Owner, Partner, Officer, Representative or Agent) (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; orto refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5) The price of items quoted in the attached Bid are fair and proper and ara not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit. By: Print Name: Subscribed and sworn to before me this day of Notary Public My Commission Expires: DRUG FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program (Florida Statutes Section 287.087). In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidders Signature (Print or type) TRENCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. seq., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance Cost Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. seq. cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act". 27 BID BOND STATE OF FLORIDA ) ) COUNTY OF ) SS KNOW ALL MY BY THESE PRESENTS that as Principal, and as surety, are held and firmly bound unto the City of Deiray Beach, Florida, hereinafter called the City in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heim, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated ., for: CITY OF DELRAY BEACH PROJECT NO. NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five pement (5%) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with the CITY for the completion of the Work specified in the Contract Documents for the amount indicated in the Bid. (b) If the Principal shall not withdraw said bond within (60) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. IN WITNESS WHEREOF, the above-bounded parties executed this instrument under their several seals, this day of , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). Corporation, Secretary Only will attest and affix seal) WITNESSES: PRINCIPAL By:. Print Name: Signature of Authorized Officer Print Name: Title: Business Address: (If SURETY: By:. Corporate Surety Print Name: Attorney-in-Fact (Affix Seal) Business Address Name of Local Insurance Agency 29 INFORMATION REQUIRED Of BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: (2) (3) (4) CONTRACTOR'S telephone number: Number of years as a CONTRACTOR in this type of work: __ Names and titles of all officers of CONTRACTOR'S firm: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: (6) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a 30 CONTRACT for the work specified herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as notto impede the progress of the work. Materials: Manufacturer Subcontractors: Name Duties Signature of Bidder By:. Print Name: 3t QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. How many years has your organization been in business in the State of Florida as a Contractor? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you: If so where and why? Name three individuals or corporations for which you have performed work and to which you refer? List the following information concerning all contracts on hand as of the date of submission of this proposal, (In case of co-venture, list the information of all co- venturers). NAME OF PROJECT OWNER TOTAL CONTRACTED %OF CONTRACT DATE/OF COMPLETION VALUE COMPLETION TO DATE (Continue list on insert sheet, if necessary) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? 7. Will you sublet any part of this work? If so, give details. o What equipment do you own that is available for the work? (Attach additional sheets as necessary) 9. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). a) b) Correct Name of Bidder The business is a (Sole Proprietorship) (Partnership) (Corporation) The address of principal place of business is 33 c) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: Signature of Bidder By; Pd~Name: Business Address: Incorporated under the laws of the State of 34 AGREEMENT THIS AGREEMENT is dated as of the day of ,20 , by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter called the CITY, and , hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. For the project entitled: Article 2. CONTRACT SUM. The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder, the fixed price of , which shall constitute the Contract Price, which shall not be modified ex- cept by Change Order or by Unit Prices, if any, as provided in the Contract Documents. Article 3. ENTIRE AGREEMENT. This Construction Contract, along with the Contract Documents consisting of the Agree- ment, MNVBE Program Requirements, Documents contained in the Project Manual, General and Supplementary Conditions, Addenda, Drawings, Specifications and modifica- tions issued after execution of the Contract embodies the entire agreement between City and Contractor and supersedes all other writings, oral agreements or representations. The parties shall not be bound by or be liable for any statement, representation, promise, in- ducement or understanding of any kind or nature not set forth herein. NO CHANGES, AMENDMENTS OR MODIFICATIONS OF ANY OF THE TERMS OR CONDITIONS OF THE CONTRACT SHALL BE VALID UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. Article 4. CONSULTANT. The Project has been designed by City of Delray Beach Environmental Services Department Engineering Division, who is hereinafter called CONSULTANT and who will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in the Contact Documents in connection with completion of the Work in accordance with the Contract Documents. 35 Article 5. CONTRACT TIME; LIQUIDATED DAMAGES. 5.1 The work will be substantially completed within__ calendar days from the date of the issuance of the Notice to Proceed ,.and completed and ready for final payment in accordance with paragraph 15.13 of the General Conditions within calendar days from the date of Substantial Completion. 5.2 Liquidated Damages. The CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the Work is not completed within the times specified in paragraph 5.1 above, plus any extensions thereof allowed in accordance with Article 13 of the General Conditions. They also recognize that the actual loss suffered by the CITY if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY five hundred dollars ($500.00)five hundred dollars ($500.00) for each day that expires after the time specified in paragraphs 5.1 for substantial completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 5.1 for completion and readiness for final payment. CONTRACTOR expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the CITY, estimated at the time of executing the Contract. If the CITY reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the CONTRACTOR an amount then believed by the CITY to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. Article 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by CONSULTANT as provided in the General Conditions. 6.1 Progress Payments. The CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by CONSULTANT, on or about the First day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 3.6.3 of the General Conditions and in the 36 case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 6.1.1 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of the work completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or the CITY may withhold, in accordance with paragraph 15.7 of the General Conditions. 6.0.2. Prior to Substantial Completion, progress payments for materials and equipment not incorporated in the Work but delivered and suitably stored and accompanied by documentation satisfactory to the CITY, as provided in paragraph 15.2 of the General Conditions, will be made in an amount equal to 0% as established by the schedule of values. 6.0.3 The CITY is entitled to withhold amounts due CONTRACTOR for any defective or non-conforming work or for liquidated damages. 6.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 15.13 of the General Conditions, the CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in said paragraph 15.13. Article 7. SUBCONTRACTS. No more than 40% of dollar value of the total contract work may be accomplished by subcontractors. Balance of work must be accomplished by selected CONTRACTOR'S own forces. Article 8. CONTRACTOR'S REPRESENTATIONS. In order to induce the CITY to enter into this Agreement CONTRACTOR makes the following representations: 8.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 8.2 CONTRACTOR has obtained at his/her own expense and carefully studied, or assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and test reports which pertain to the subsurface conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the 37 8.3 8.4 8.5 AAicle 9. 9.1 9.2 9,3 9.4 Contract Price, within the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and fumish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. CONTRACTOR has given CONSULTANT written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CONSULTANT is acceptable to CONTRACTOR. NO DAMAGES FOR DELAY All time in the Contract Documents is calculated on a consecutive calendar day basis. Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. CONTRACTOR agrees to commence the Work when directed by the CITY and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the CITY shall not be delayed by any act or omission of CONTRACTOR in completion of the Project within the time specified above. CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the CITY, such act, hindrance or 38 delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 9.4.1 And extension of time to complete the Work shall be determined by the CONSULTANT provided the CONTRACTOR provides CONSULTANT and CITY with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 9.4.2 In the event the request for extension is not made in writing within that twenty day time period, CONTRACTOR acknowledges and agrees it has forever waived any and all rights to such an extension. 9.4.3 All extensions of time shall be authorized only by a wdtten change order executed by the CITY, CONSULTANT and CONTRACTOR; in the absence of a written and fully executed change order, CONTRACTOR shall not be entitled to any claim for additional time. 9.4.4 This "no damage for delay" provision shall encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. 9.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 9.4.6 The CONTRACTOR recognizes and specifically acknowledges the terms and conditions of this "no damage for delay" clause upon execution of this Contract. Article 10. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the CITY and CONTRACTOR concerning the Work consist of the following: 10.1. Advertisement for Bids. 10.2. Instructions to Bidders. 10.3. Bid Proposal Form. 10.4. CONTRACTOR'S Bid marked exhibit 10.5. Bid Bond. 10.6. This Agreement. 10.7. Exhibits to this Agreement. 10.8. Florida Performance Bond. 10.9. Flodda Payment Bond. 10.14. 10.15. 10.16. 10.17. 10.10. Certificates of Insurance. 10.11. Notice of Tentative Award. 10.12. Notice to Proceed. 10.13. Certificate of Substantial Completion. Warranty of Title. Final Receipt. General Conditions. 10.18. 10.19. with each sheet bearing the following general title: CITY OF DELRAY BEACH PROJECT NO. 10.20. Addenda number to , inclusive. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. Technical Specifications as listed in TABLE OF CONTENTS thereof. Drawings, consisting of cover sheet and sheets numbered __ through __, 10.21. Documentation submitted by CONTRACTOR prior to Notice of Tentative Award (pages to , inclusive). 10.22. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 4.4 and 4.5 of the General Conditions. 40 10.23. The documents listed in paragraph 10.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).There are no Contract Documents other than those listed above in this Article 10. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 4.4 and 4.5 of the General Conditions. Article 11. INDEMNITY. In consideration of Ten Dollars ($10.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, their agents and employees in accordance with paragraph 7.28 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06, as amended. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. Article 12. REIMBURSEMENT OF CONSULTANT EXPENSER, Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of CONSULTING and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for CONSULTING and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 13. MISCELLANEOUS. 13.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 13.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.3. The CITY and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, 4! 13.4 successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. The agreement shall be void if not signed by both the CITY and the CON- TRACTOR. Article 14. CITY PROVISIONS. None Provided. IN WITNESS WHEREOF, the CITY and CONTRACTOR have caused this Agreement to be executed the day and year shown below. This Agreement will be effective on ATTEST: City Clerk Approved as to Form and Legal Sufficiency: CITY OF DELRAY BEACH, FLORIDA By: , Mayor (Corporate Seal) City Attorney Address for giving notice to the City: Environmental Services Dept. Engineering Division 434 S. Swinton Ave. Delray Beach, FL 33444 Address for giving notices: (Type or Print Clearly) License No. Agent for service of process: (If CONTRACTOR is a corporation, or Partnership attach evidence of authority to sign.) 42 STATE OF CORPORATE ACKNOWLEDGEMENT COUNTY OF The foregoing instrument was acknowledged before me this , by or agent, title of officer or agent), of corporation acknowledging), a corporation, on behalf of the corporation. produced identification) · day of (name of officer (name of (state or place of incorporation) He/She is (personally known to me) (or has (type of identification). Signature of Notary Public ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of __ by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification. Signature of Notary Public ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by (name of acknowledging partner or agent) of partner (or agent) on behalf of (name of partnership), a partnership. He/She is (personally known to me) (or has produced identification) identification). (type of identification) (as Signature of Notary Public 43 CERTIFICATE (if Corporation) STATE OF FLORIDA COUNTY OF ) ) ss ) ) I HEREBY CERTIFY that held on passed and adopted: a meeting of the Board of Directors of , a corporation under the laws of the State of ,20__ the following resolution was duly "RESOLVED", that , as President of the corporation, be 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 (Secretary) (Seal) CERTIFICATE (if Partnership) STATE OF FLORIDA COUNTY OF ) ) ss ) ) I HEREBY CERTIFY that held on passed and adopted: meeting of the Board of Directors of corporation under the laws of the State of ,20__ the following resolution was duly "RESOLVED", that , as of the Partnership, be he/she is hereby authorized to execute the Agreement dated 20__, between the City of Delray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership, shall be the official act and deed of this Partnership". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,20 (Secretary) 45 ,200_ City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Re: Common Law Performance Bond To Whom it May Concern: I, , on behalf of , Surety for Project No. and Project Name , hereby agrees and understands that the performance bond that is part of Bid No. is a common law performance bond and is not subject to or governed by Florida Statutes. The common law performance bond contains different provisions than a statutory performance bond. One such provision grants to the City the ability to institute a cause of action within a five (5) year period from the date the cause of action accrued. Furthermore, I understand and agree that the placement of any page or document in the contract or bid documents, asserting that all bonds are governed by Florida Statutes, does not change the performance bond from a common law performance bond to a statutory bond. By: (print or type name) (name of Surety Company) 46 FLORIDA COMMON LAW PERFORMANCE BOND BOND NO.: AMOUNT: KNOW ALL MEN BY' THESE PRESENTS, that of hereinafter called the CONTRACTOR (Principle), whose principal address and phone number is and , a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is and , and existing under and by virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 N.W. First Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of: Dollars ($. ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated ,20__, to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as: CITY OF DELRAY BEACH PROJECT NO. NOW, THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all respects fully, promptly, and faithfully comply with the terms and conditions of said Contract Documents (which include the Plans, Drawings, Specification, and conditions as prepared by said CONSULTANT, Advertisement for Bids, Instructions to Bidders, the CONTRACTOR'S bid as accepted by the above OWNER, the Bid and Contract Performance and Payment Bonds, all Addenda, if any, issued prior to the opening of bids and change orders), and shall indemnify and save harmless above OWNER against 47 and from all costs, expenses, damages, including but not limited to damages for delay due to contractors default, attorney's fees, including appellate proceedings, injury, or loss of which said OWNER may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, delay or default, including patent infringements, on the part of said CONTRACTOR, his agents, or employees, in the execution or performance of said CONTRACT; then this obligation shall be void; othenNise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specification. The Surety shall be responsible for delay damages due to Contractors default and consequential damages for Surety's failure to fulfill its responsibilities as set forth herein. In the event that Contractor, as Principal, fails to fully comply with, carry out or perform the terms and conditions of the specifications, proposal, plans guarantys, and contract doc- uments therein referred to and made a part hereof, and the Surety has failed to personally correct such defaults within a reasonable time after written demand by the City, the City shall be entitled to enfome any remedy against Surety, available to the City. To the limit of the amount of this Bond, such remedies shall include but not be limited to the recovery of consequential damages for the cost for the completion of the construction contract and cor- rection of defective work before or after completion of the construction contract, additional legal, design professional and delay costs resulting from the Principal's default, and result- ing from the actions or inactions or failure to act of the Surety' actual damages caused by delayed performance or non-performance of the Principal and all costs incident to ascer- taining the nature and extent of the Principal's default, including engineering, accounting and legal fees. Surety expressly warrants and agrees that it is precluded from tendering a completion con- tractor to the City in order to satisfy its obligations under the Bond and agrees to personally correct any default of Principal by either takeover agreement or financing the Principal to complete the project, if agreed to by the City. Any suit under this bond must be instituted within five years from the date the cause of action accrued. IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original counterparts this day of ,20__ the name and corporate seal of each corporate party 48 being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR (PRINCIPAL) (Firm Name) By:, (Signature) Print Name: ATTEST: Print Name: Surety By: (SEAL) Print Name: ATTEST: Print Name: (SEAL) Approved as to form: Date City Attorney 49 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ,20 , by or agent, title of officer or agent), of (name of corporation acknowledging), a incorporation) corporation, on behalf of the corporation. me) (or has produced identification) day of (name of officer (state or place of He/She is (personally known to as identification. Signature of Notary Public STATE OF COUNTY OF ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL of The foregoing instrument was acknowledged before me this day of ,20 , by (name person acknowledged), who is personally known to me or has produced as identification. Signature of Notary Public ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by (name of acknowledging partner or agent) of , partner (or agent) on behalf of (name of partnership), a partnership. He/She is (personally known to me) (or has produced identification) as identification. Signature of Notary Public 50 FLORIDA PAYMENT BOND BOND NO. AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that of hereinafter called the CONTRACTOR (Principle), whose principal address and phone number is and , a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is and , and existing under and by virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 N.W. First Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of: Dollars $ ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated ,20__, to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in stdct and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as: CITY OF DELRAY BEACH PROJECT NO. Project Description, including a general description of the project and the project address: NOW, THEREFORE, the conditions of this obligation are such that if the above-bounden CONTRACTOR shall promptly make payments to all persons supplying materials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Sections 255.05 or 713.23, Florida Statutes; then this obligation shall be null and void and of no further force and effect; otherwise to remain in full force and effect; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of ti me, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Sections 255.05 or 713.23, Florida Statutes. Any actions against the Contractor or the Surety shall be brought within the time specified by Sections 255.05 or 713.23, Florida Statutes. THE CONDITIONS OF THIS BOND ARE THAT IF PRINCIPAL: Promptly makes payments to all lienors supplying labor, matedal and supplies used directly or indirectly by Principal in the prosecution of this work provided in the Contract Documents between Principal and City for construction of the Project named above, the contract being made a part of this bond by reference; and Pays City all loss, damage, expenses, costs and attorneys fees, including appellate proceedings, that City sustains because of default by Principal under Paragraph 1 of this Bond; Then this bond is void; otherwise, it remains in full force. And changed in or under the Contract Documents and compliance or noncompliance with formalities connected with the contract or with the changes do not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original counterparts this day of ,20__the name and corporate seal of each ~rporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR: (Firm name) By: Print Name: ATTEST: Print Name: SURETY (Seal) APPROVED AS TO FORM: By:. .(Seal) Print Name: ATTEST: Pdnt Name: City Attorney Date 53 STATE OF CORPORATE ACKNOWLEDGEMENT 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 (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) Signature of Notary Public ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by (name person acknowledged), who is personally known to me or has produced (type of identification) as identification. Signature of Notary Public ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by__ (name of acknowledging partner or agent) of , partner (or agent) on behalf of (name of partnership), a partnership. He/She is (personally known to me) (or has produced identification). (type of identification) (as identification) and (did/did not) take an oath. Signature of Notary Public 54 LIMITED POWER OF ATTORNEY and (Principal) (Surety) hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, _ In Witness Whereof, and seal this have hereunto set hand day of ,20__. Witnesses: Print Name: Principal (SEAL) Surety (SEAL) Print Name: 55 CORPORATE ACKNOWLEDGEMENT STATE OF 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 (name of corporation acknowledging), a .(state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification). Signature of Notary Public ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification. Signature of Notary Public ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by (name of acknowledging partner or agent) of , partner (or agent) on behalf of {name of partnership), a partnership. He/She is (personally known to me) (or has produced identification) .(type of identification) (as identification) and (did/did not) take an oath. Signature of Notary Public DATE: NOTICE OF TENTATIVE AWARD TO: ADDRESS: (Bidder) CITY OF DELRAY BEACH PROJECT NO. You are notified that your Bid dated , for the above Contract has been considered. You are the apparent Successful Bidder. Accordingly, notice is hereby given of the Tentative Award of this contract to you. The Contract Price of your contract is $ Dollars Cents Five (5) copies of each of the proposed Contract Documents, (except Drawings) accompany this Notice of Tentative Award. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Tentative Award, that is by : You must deliver to the CITY five (5) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover page of each set of Contract Documents. You must deliver with the executed Agreement, Insurance Certificates and the Contract Security Bonds as specified in the Instructions to Bidders and in Article 6 of the General Conditions together with Power of Attorney for use by the City for the purpose of inserting the date of execution of the Contract Surety Bonds and the Agreement, within fifteen (15) calendar days from the date of this Notice to you. 57 3. You should have the following prepared for the preconstruction conference. (a) (b) (c) A preliminary project construction progress schedule. An itemized schedule of payment and values. A detailed shop drawing submission plan. Failure to comply with these conditions within the time specified will entitle the CITY to consider your bid abandoned, to annul this Notice of Tentative Award and to declare your Bid Security forfeited. With in forty five (45) days after you comply with those conditions, if the contract is approved by the City Commission, the CITY will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of Delray Beach By: Authorized Signature David T. Harden, City Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF TENTATIVE AWARD is hereby acknowledged By: this the day of ,20 By: Title: Copy to: City of Delray Beach (Use Certified Mail, Return Receipt Requested) DATE: TO: ADDRESS: NOTICE TO PROCEED (CONTRACTOR) CITY OF DELRAY BEACH PROJECT NO. You are notified that the Contract time under the above contract will commence to run on,20__. By that date, you are to start performing your obligations under the Contract Documents. In accordance with the ^greement the dates of Substantial Completion and Final Completion are ,20__ and , 20__, respectively. City of Delray Beach, Florida By: Print Name Title Copy to (Use Certified Mail, Return Receipt Requested) cc: Jackie Rooney, Purchasing Project file (E) CERTIFICATE OF SUBSTANTIAL COMPLETION CITY OF DELRAY BEACH PROJECT NO. CONTRACTOR: CONTRACT DATE: This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified pads thereof: TO: City of Delray Beach, Florida AND TO: (CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized representatives of the CITY, CONTRACTOR and CONSULTANT, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on: (Date of Substantial Completion) A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of Substantial Completion. The responsibilities between the CITY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: CITY: CONTRACTOR: The following documents are attached to and made a part of this Certificate: 6O This certificate does not constitute an acceptance of Work not in accordance with the Contract documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by CONSULTANT on By: Title: CONTRACTOR accepts this Certificate of Substantial Completion on: ,20__° By: Title: The CITY accepts this Certificate of Substantial Completion on: ,20 By: Title: 6] WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) ) SS PALM BEACH COUNTY ) -CONTRACTOR: CITY OF DELRAY BEACH PROJECT NO. BEFORE ME, the undersigned authority, personally appeared (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the "Contract") dated ,20 , with the CiTY OF DELRAY BEACH, FLORIDA, (the "OWNER"), for the supply of certain labor and/or materials (the "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the Contractor makes the following warranties: The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefor, that portion of the Work, pursuant to the Contract (the "Completed Work") covered by the attached Periodic Progress Payment Request. II. The CONTRACTOR further warrants and represents that: All subcontractors, vendors, material men, suppliers and other parties of whatever kind of nature who are entitled to payment from the CONTRACTOR for providing labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date in the last previous request for payment have been paid in full and therefore have delivered to the CONTRACTOR validly executed Partial Release of claims with respect thereto. Title to all materials and equipment covered by the attached Pedodic Pay Request for Payment dated ,20__, passes to the City at the time of payment free and clear of all liens. (Contractor) (Signature) (Title). SWORN TO AND SUBSCRIBED before me this dayof ,20__. Signature of Notary Public FINAL RECEIPT STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: 1. He/she is of (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of ,20__, between said corporation as the CONTRACTOR and the CITY OP DELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construction of: CITY OF DELRAY BEACH PROJECT NO. 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $. shall constitute a full release and discharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and material furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. Signed and sealed in the presence of: Affiant Contractor By: Pdnt Name: Title: Sworn to and subscribed before me this 20__. day of Signature of Notary Public 63 ART NO. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT FOR THE CITY OF DELRAY BEACH, FLORIDA TABLE OF CONTENTS OF GENERAL CONDITIONS TITLE PAGE NO. DEFINITIONS THE WORK PRELIMINARY MA TTERS Delivery of Documents Copies of Documents Commencement of Contract Time; Notice to Proceed Starting the Project Before Starting Construction Preconstruction Conference Finalizing Scheduling CONTRA CT DOCUMENT; INTENT AMENDING; REUSE Intent Amending and Supplementing Contract Documents Reuse of Documents AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands Physical Conditions Physical Conditions--Underground Facilities Reference Points BONDS AND INSURANCE Bonds Contractor's Insurance 68 72 73 73 73 73 73 73 75 75 75 75 77 77 77 77 78 80 81 82 82 83 ART NO. TITLE PAGE NO. J CONTRA C TOR 'S RESPONSIBILITIES Supervision and Superintendence Labor, Materials and Equipment; Hours of Work Adjusting Progress Schedule Substitutes or "Or-Equal" Item Concerning Subcontractors, Suppliers and Others Patent Fees and Royalties Permits Laws and Regulations Taxes Use of Premises Record Documents Safety and Protection Emergencies and Precautions During Adverse Weather Shop Drawings and Samples Continuing the Work Indemnification OTHER WORK Related Work at Site Coordination THE CITY'S RESPONSIBILITY CONSUL TANT'S S TA TUS DURING CONSTRUCTION City's Representative Visits to Site Project Representation Clarifications and Interpretations Authorized Variations of Work Shop Drawings, Change Orders and Payments Determination for Unit Prices Decisions on Disputes Limitations on Consultant's Responsibilities 86 86 86 87 87 89 90 90 91 91 91 92 92 93 94 95 96 96 97 97 97 98 98 99 99 102 102 103 103 103 104 ART NO. 11. 12. 13. 14. 15. 16. TITLE CHANGES IN THE WORK CHANGE OF CONTRACT PRICE Cost of the Work Contractor's Fee Cash Allowances Unit Price Work Omitted Work TIME AND DELAYS PAGE NO. 104 106 107 110 110 111 111 112 WARRANTY AND GUARANTEE; TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 113 Access to Work 113 Tests and Inspections 114 Uncovering Work 114 City May Stop the Work 115 Correction or Removal of Defective Work 115 One Year Correction Period 1t5 City May Correct Defective Work 116 PA YMENTS TO CONTRACTOR AND COMPLETION 117 Application for Progress Payments 117 Contractor's Warranty of Title 118 Review of Applications for Progress Payment 118 Substantial Completion 120 Partial Utilization 121 Final Inspection 122 Final Application for Payment 122 Final Payment and Acceptance 123 Contractor's Continuing Obligation 124 SUSPENSION OF WORK AND TERMINATION 124 City May Suspend Work 124 City May Terminate 124 Contractor May Stop Work or Terminate 126 ART NO. TITLE PAGE NO. 17. MISCELLANEOUS Giving Notice Computation of Time No Limitation of Rights and Remedies Accident and Prevention Florida Products and Labor Employees Non-Discrimination Drug-Free Workplace Assignment Venue Asbestos Right to Audit 127 127 127 127 127 128 128 128 129 129 129 129 129 67 GENERAL CONDITIONS ARTICLE I - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA - Written or graphic instruments, explanations, interpretations, changes, corrections, additions, deletions or modifications of the contract documents issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. AGREEMENT - The written agreement between the CITY and CONTRACTOR covering the Work to be performed; when other Contract Documents are attached to the Agreement, they become a part of the contract. The Agreement is also referred to as the Contract. APPLICATION FOR PAYMENT - The form accepted by CONSULTANT which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. BID - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed, properly signed or guaranteed. BONDS - Bid, Performance and Payment bonds and other instruments which protect against loss due to inability, failure or refusal of the CONTRACTOR to perform the work specified in the contract documents. CALENDAR DAY - A calendar day of 24 hours measured from midnight to the next midnight, including Saturdays, Sundays and holidays and regardless of the weather. CHANGE ORDER - A document recommended by CONSULTANT which is signed by the CONTRACTOR and the CITY which authorizes an addition, deletion, or revision in the work, or an adjustment in the Contract Price or Contract Time, issued on or after the execution of the Agreement. Change Orders must be in wdting and verbal agreements of any matter are expressly excluded from any definition. CITY - The City of Delray Beach, Florida, a Florida municipal corporation, its authorized and legal representatives, the public entity with whom the Contractor has entered into the agreement and for whom the work is to be provided. CONSTRUCTION SUPERINTENDENT - The construction superintendent shall be in attendance at the project site during performance of the Work and shall represent the CONTRACTOR. Communications given to the construction superintendent or decisions made by the construction superintendent shall be as binding as if given to or made by the CONTRACTOR. Important communications or decisions shall be confirmed in writing. Other communications or decisions shall be similarly confirmed by written request in each case. CONSULTANT(S) - City of Delray Beach Environmental Services Dept., Engineering Division or its authorized agents, inspectors or representatives acting within the scope of duties entrusted to them by the CITY. CONTRACT DOCUMENTS - The Advertisement for Bids, Instructions to Bidders, Proposal, Bid Bond, Agreement, Payment Bond, Performance Bond, Certificate of Insurance, Notice of Tentative Award, Notice to Proceed, Certificate of Substantial Completion, Warranty of Title, Final Receipt - Release of Lien, General Conditions, Supplemental General Conditions, Technical Specifications, Contract Drawings, Addenda and Change Orders executed pursuant to the Contract Documents. CONTRACT PRICE - The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Documents which can be modified only by written change order. CONTRACT TIME - The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR - The person, firm, or corporation with whom the CITY has executed the Agreement to furnish the Work called for in the Contract Documents and its representatives, agents, employees, officers, directors and all others affiliated therewith. DEFECTIVE WORK - Work determined by the City or Consultant to be_unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to the CONSULTANT'S recommendation of final payment. DRAWINGS - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and which are considered part of the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT - The date indicated in the Agreement, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign the Agreement. FIELD ORDER - A written order by the CONSULTANT that does not impact the cost or time of performance of the Work and for which no increase in Contract Sum or Contract Amount shall be permitted. GENERAL REQUIREMENTS - Division 1 of the Technical Specifications. LAWS AND REGULATIONS; LAWS OR REGULATIONS - Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations. NOTICE OF TENTATIVE AWARD - The official written notice by the CITY to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CITY may enter into an Agreement for the price specified in the Bid. NOTICE TO PROCEED - The written notice issued by the CITY, or its agents, to the CONTRACTOR requiring the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time. PARTIAL UTILIZATION - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. PROJECT - The entire construction to be performed as provided in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE (RPR) - The resident project representative, shall be in attendance at the project site during performance of the Work and shall represent the CITY directly or through the CONSULTANT. Responsibilities of the RPR are further defined in Paragraph 10.3 of these General Conditions. SHOP DRAWINGS - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the CONTRACTOR to illustrate some portion of the Work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the CON- TRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS - (Same definition as for Technical Specifications hereinafter). SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. SUBSTANTIAL COMPLETION - The Work (or a specified part thereof) has progressed to the point where, in the opinion of CONSULTANT as evidenced by CONSULTANT'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. When the entire Project is considered to be Substantially Complete, this does not constitute Final 7O Acceptance or Final Completion of the entire Project. Substantial Completion cannot occur in the absence of CONSULTANT'S express written approval of such. SUPPLEMENTARY CONDITIONS - The part of the Contract Documents which amends or supplements these General Conditions. SUPPLIER - A manufacturer, fabricator, supplier, distributor, materialman or vendor. SURETY - Any person, firm or corporation which is bound by bid or contract bond with and for the CONTRACTOR. TECHNICAL SPECIFICATIONS - Those portions of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the Work. UNDERGROUND FACILITIES - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. UNIT PRICE WORK - Work to be paid for on the basis of unit prices rather than on a lump- sum basis. WORK- The totality of any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the CONTRACTOR under the Contract Documents, whether completed or partially completed, including all labor, materials, equipment and other incidentals and the furnishing thereof. WORK DIRECTIVE CHANGE -A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the CONSULTANT, ordering an addition, deletion or revision in the Work, or which references an emergency or unforeseen physical conditions under which the Work is to be performed. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. WRITTEN AMENDMENT - A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. 7] ARTICLE 2- THE WORK 2.1 The CONTRACTOR shall perform all of the Work required by the Contract Documents and shall provide materials, supplies, tools, equipment, labor, and services directly related to the Work, and shall perform the Work in a good and workmanlike manner with sufficient manpower to perform the Work in accordance with the time requirements set forth in the Contract Documents, and shall perform all other acts and supply all other things necessary to complete the Work in strict accordance with the Contract Documents. 2.2 When completed the Work shall conform to the requirements of the Contract Documents and be completely ready for occupancy and finally completed. 2,3 The CONTRACTOR represents and warrants that: 2.3.1 It is financially solvent and has sufficient working capital to perform obligations under this Construction Contract; 2.3.2 It is experienced and skilled in the construction of the type of project described in this Contract Document; 2.3.3 It is able to provide the labor, materials, equipment and machinery necessary to complete the Work for the agreed upon price; 2.3.4 It is a fully licensed under all applicable laws and authorized to do business in the State of Florida in the name of the entity identified as the "CONTRACTOR" in the Construction Contract; 2.3.5 It has visited the jobsite and examined its nature and location, including without limitation: the surface conditions of the site and any structure or obstruction both natural or man-made; the surface water conditions and waterways of the site and sur- rounding area; the subsurface conditions of the land as disclosed by soil test borings; and the location of electric and utility lines and water, sanitary, sewer and storm drain lines. The Contract acknowledges receipt and has reviewed the site geotechnical report as provided by the CITY. 2.3.6 It will comply with all federal, state and local government laws, rules regulations and building codes relating to its responsibilities as set forth in the Contract Documents. 72 ARTICLE 3 - PRELIMINARY MATTERS DELIVERY OF DOCUMENTS: 3.1. When the CONTRACTOR delivers the signed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. COPIES OF DOCUMENTS: 3.2. The CITY shall furnish to CONTRACTOR five copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents or as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 3.3. The Contract Time will commence to run on the day indicated in any Notice to Proceed. A Notice to Proceed may be given at any time within sixty days after the Effective Date of the Agreement. STARTING THE PROJECT: 3.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract time commences to run. BEFORE STARTING CONSTRUCTION: 3.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby; CONTRACTOR shall have a continuing obligation to the promptly report any conflicts, errors, ambiguities or discrepancies in the Contract Documents to the CONSULTANT over the duration of the Project. 3.5.1 The CONTRACTOR and Subcontractor have fully examined and compared all Drawings, Specifications and other Contract Documents and have compared and reviewed all general and specific details on the Drawings and the various technical and administrative requirements of the Specifications. 73 3.5.2 With respect to all construction materials, labor, methods, means, techniques and sequence of procedures required to carry out the Work or safety precautions and programs required in connection with carrying out the Work, all confiicts, discrepancies, errors and omissions that CONTRACTOR is aware of as a result of the examination and comparison of the Contract Documents have been either corrected or clarified to the satisfaction of the CONTRACTOR prior to execution of this Construction Contract. 3.5.3 The Contract Sum is reasonable compensation and represents the total lump sum cost for the Work and that all systems and Work shall be functional and in accordance with the requirements of the Contract Documents. 3.5.4 The Contract Time is adequate for the performance of the Work. 3.5.5 The CONTRACTOR is responsible for all means, methods, techniques and sequencing of construction. 3.5.6 If, after execution of this Construction Contract, the CONTRACTOR detects a conflict, discrepancy, error or omission in the Contract Documents then it shall immediately notify CONSULTANT and CITY prior to proceeding with the specific potion of the Work. 3.5.7 CONTRACTOR shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract and shall immediately give written notice to the CITY and CONSULTANT of any conflict, ambiguity, error or omission which the CONTRACTOR may find with respect to these documents before proceeding with the affected Work. 3.5.8 In the event of a conflict among the Contract Documents, the most stringent requirement to the CONTRACTOR shall control. 3.6 At the preconstruction conference, CONTRACTOR shall submit to CONSULTANT for review: 3.6.1. a proposed progress schedule indicating the starting and completion dates of the various stages of the Work; and 3.6.2. a preliminary schedule of Shop Drawing submissions and those shop drawings necessary to begin the work; and 3.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission ;and, 74 3.6.4. Preconstruction video tapes if required by the technical specifications 3.7. The CONTRACTOR shall not commence construction operations until the construction progress schedule, schedule of values and the shop drawing submission schedule described above have been reviewed by the CONSULTANT for general conformance with the Contract documents. Failure of the CONTRACTOR to timely submit the required documents for the CONSULTANT'S review shall not entitle Contractor to an extension of time or additional compensation under any circumstances. After review of the schedules, no deviation shall be made without prior written acceptance by the CITY for general conformance with the Contract Documents. PRECONSTRUCTION CONFERENCE: 3.8. After the Effective Date of the Agreement, but before CONTRACTOR starts Work at the site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by the CITY, CONSULTANT, or CONTRACTOR will be held to discuss the schedules referred to in paragraph 3.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Nothing herein shall relieve the CONTRACTOR from the responsibility of contacting local utilities and any other necessary agencies. FINALIZING SCHEDULES: 3.9. At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, CITY, CONSULTANT and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 3.6. The finalized progress schedule will be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on the CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to the CITY as to form and substance. ARTICLE 4 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE INTENT: 4.1. The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 75 4.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereto) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CONSULTANT'S, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. Clarifications and interpretations of the Contract Documents shall be issued by the CONSULTANT as provided in paragraph 10.4. 4.3. If, during !he performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall immediately so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Addenda 3. Agreement 4. Proposal 5. Supplemental General Conditions 6. Advertisement for Bids 7. Instructions to Bidders 8. General Conditions 9. Technical Specifications 10. Contract Drawings a. Dimensions b. Full Size Details c. Full Size Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. 76 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: 4.4. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 4.4.1. a formal Written Amendment. 4.4.2. a Change Order (pursuant to paragraph 11.4), or 4.4.3. a Work Directive Change (pursuant to paragraph 11.2). As indicated in paragraphs 11.2 and 12.2, Contract Price and Contract Time may only be changed by a Change Order or by a Written Amendment. 4.5. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 4.5.1. a Field Order (pursuant to paragraph 10.5) 4.5.2. CONSULTANT'S approval of a Shop Drawing or sample (pursuant to paragraphs 7.26 and 7.27), or 4.5.3. CONSULTANT'S written interpretation or clarification (pursuant to paragraph 10.4). REUSE OF DOCUMENTS: 4.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, technical specifications or other documents used on the work; and, they shall not rouse any of them on extensions of the Project or any other project without prior written consent of the CiTY and CONSULTANT. ARTICLE 5 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 5.1. The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of CONTRACTOR. Easements for 77 permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.1.1. Occupying Private Land: The Contractor shall not (except after written consent from the proper parties) enter or occupy with men, tools, equipment or materials, any land outside the rights-of-way or property of the City. A copy of the written consent shall be given to the CITY. 5.1.2. Work in State, County and City Rights-of-Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across street, rights-of-way, easements, or other property, the CONTRACTOR shall (as the Work progresses) promptly back-fill, compact, grade and otherwise restore the disturbed area to a basic condition which will permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the site presents a neat appearance. 5.1.3. Work Adjacent to Telephone, Power, Cable TV and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the Contractor shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 5.1.4. Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non-vehicular traffic. Any earth or excavated material spilled from trucks shall be removed by the CONTRACTOR and the streets cleaned to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. PHYSICAL CONDITIONS: 5.2 5.2.1. Explorations and Reports: Where applicable, reference is made in the technical specifications, for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by CONSULTANT in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations, or opinions contained therein or for the completeness for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs 78 incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 5.2.2. Existing Structures: Where applicable, reference is made to the technical specifications, for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 5.3) which are at or contiguous to the site that have been utilized by CONSULTANT in preparation of the Contract Documents. CONTRACTOR may rely upon the general accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR'S purposes including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. Except as indicated in the immediately preceding sentence and in paragraph 5.3, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. However, where the dimensions and locations of existing structures are of critical importance in the installation or connection of new work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR'S failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. 5.2.3. Report of Differing Conditions: If CONTRACTOR believes that: 5.2.3.1. Any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 5.2.1 and 5.3.3 is inaccurate, or 5.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 7.22), notify the CITY and the CONSULTANT in writing about the inaccuracy or difference. Should the CONTRACTOR fail to notify the CITY and CONSULTANT within five (5) calendar days of discovering such differing site condition, it waives its right to seek additional time or compensation for such deficiency and is precluded from seeking a change order for such work under any circumstances. 5.2.4. CONSULTANT'S Review: CONSULTANT will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT'S findings and conclusions, 5.2.5. Possible Document Change: If CONSULTANT concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a 79 change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 11 to reflect and document the consequences of the inaccuracy or difference. 5.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 12 and 13. PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: 5.3 5.3.1. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 5.3.1.1. The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data; and, 5.3.1.2. CONTRACTOR warrants that it has examined the information and data presented and that it is accurate and free from any and all defects, inconsistencies, errors and omissions. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 7.20, and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 5.3.1,3. All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipe, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify the owner or occupant of such facilities both before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangements for their disconnection by their owner. The CONTRACTOR shall be responsible for any damage to any such pipes, conduits or cables, and shall restore them to service promptly as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new work are shown, but are to be verified in the field by the Contractor prior to performing the work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc., carefully, by hand prior to installing his Work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 5.3.2. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 7.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to the CITY and the CONSULTANT. The CONSULTANT will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 7.20. 5.3.3. CONTRACTOR is expressly limited to an extension of the Contract Time to the extent that they are attributable to the existence of any such Underground Facility CONTRACTOR could not reasonably have been expected to have been aware of. CONSULTANT, in its sole discretion, shall determine whether to award an extension of time under such circumstances. Furthermore, should CONTRACTOR fail to provide the CITY and CONSULTANT with written notice of the error, omission or discrepancy in the Underground Facility within five (5) calendar days of discovering such, it waives its right to a time extension for such error, omission or discrepancy. REFERENCE POINTS: 5.4. The CITY shall provide engineering surveys to establish reference points for construction which in CONSULTANT'S judgment ara necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified pemonnel. 81 ARTICLE 6 - BONDS AND INSURANCE BONDS: 6.1. CONTRACTOR shall upon delivery of the executed Agreement to the City furnish Pert'ormance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. Each Bond shall be furnished in an amount equal to 100% of the amount of the Contract award. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CITY and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2001). For projects exceeding five hundred thousand dollars, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the CONTRACTOR is a partnership, the Bond should be signed by each of the individuals who are partners; ifa corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. 6.2. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 6.1., CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 6.1. CONTRACTOR'S failure to timely furnish a substitute surety shall constitute a material breach of the Contract and shall give the CITY the immediate right to terminate the CONTRACTOR for cause in accordance with Article 16 of the Contract General Conditions. CONTRACTOR'S INSURANCE: 6.3. General: CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shall procure and maintain insurance of the types and to the limits specified in paragraph 6.4, inclusive below. 6.4 Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 6.4.1. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. CONTRACTOR shall require all subcontractors to maintain workers compensation during the term of the agreement and up to the date of final acceptance. CONTRACTOR shall defend, indemnify and save the CITY and CONSULTANT harmless from any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. 6.4.1.1. EmPloyers' Liability with Statutory Limits of $100,000/$500,000/ $100,000. 6.4.1.2. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.1.3. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and/or Jones Act if applicable. 6.4.2. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: 6.4.2.1. Minimum Limits of total coverage shall be $1,000,000.00 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet $1,000,000.00 minimum to be acceptable to the CITY. 83 6.4.2.2. Premises and/or Operations. 6.4.2.3. Independent Contractor. 6.4.2.4. Products and/or Completed Operations. CONTRACTOR shall maintain in force until at least three (3) years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form Property Damage. 6.4.2.5. XCU Coverages. 6.4.2.6. Broad Form Property Damage including Completing Operations. 6.4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 6.4.2.8. Personal Injury coverage with employees and contractual exclusions removed. 6.4.2.9. Additional Insured. The CITY is to be specifically included as an additional insured (including products). 6.4.2.10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. 6.4.3. 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: 6.4.3.1. Minimum limit of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 6.4.3.2. Owned Vehicles. 6.4.3.3. Hired and Non-Owned Vehicles 6.4.3.4. Employee Non-Ownership 84 6.4.3.5. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days' written notice of cancellation and/or restriction. 6.4.4. All Risk Property Insurance - When Applicable. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the CITY'S for which the CONTRACTOR is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a.waiver of subrogation as to the CONSULTANT, the CITY, the CONTRACTOR, and their respective officers, agents, employees, and subcontractors. 6.4.4.1. Coverage to be provided on a full replacement cost basis. 6.4.4.2. Losses in excess of ten thousand dollars ($10,000) shall be jointly payable to the CONTRACTOR and the CITY. 6.4.4.3. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) will not be occupied by the CITY. 6.4.4.4. Maximum Deductible - $5,000 each claim. 6.4.4.5. Copy of Policy. A certified copy of the policy must be provided to the CITY prior to the commencement of work. 6.4.4.6. Named Insured. The CITY must be included as a named insured. 6.4.4.7. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 6.4.4.8. Flood Insurance. When the buildings or structuras are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR and the CITY must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. 6.4.5. A Best Rating of no less than A-7 is required for any cerriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement. Neither CONTRACTOR or any subcontractor shall commence work under the Contract until they 85 have all insurance required under this Section and have supplied the CITY with evidence of such coverage in the form of certified copies of policies (where required) and certificates of insurance, and such policies and certificates have been approved by the CITY. CONTRACTOR shall be responsible for and shall obtain and file insurance certificates on behalf of its subcontractors. Ail certified copies of policies and certificates of insurance shall be filed with the CITY. ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 7.1. The CONTRACTOR has the obligation to deliver to the CITY the completed job in a good and workmanlike condition in accordance with the requirements of the Contract Documents. CONTRACTOR shall supervise and direct the Work completely and efficiently, devoting such attention thereto and applying such skills and experfise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. The CONTRACTOR shall bear all losses resulting on account of the weather, fire, the elements, or other acts of God or causes of every kind or nature prior to Final Acceptance. The supervision of the execution of this contract is vested wholly in the CONTRACTOR. 7.2. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. LABOR, MATERIALS AND EQUIPMENT; HOURS OF WORK: 7.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the CITY'S written consent (which shall not be unreasonably withheld) given after prior written notice to CONSULTANT. The CONTRACTOR is hereby informed, and understands that unless otherwise approved by the City, the City restricts the work between the hours of 5:00 p.m. and 8:00 a.m., unless emergency conditions exist that are endangering life or property as may be determined by the CITY. If the CONTRACTOR is authorized to operate equipment twenty-four (24) hours per day, the engines shall be provided with residential type silencers approved by the CITY. The CONTRACTOR shall receive no additional compensation for overtime work. However, additional compensation will be paid to the CONTRACTOR for overtime work only in the event extra work is ordered by the CONSULTANT and the change order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. All costs of inspection and testing performed by the CITY during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The CITY shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the CONTRACTOR. 7.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and final completion of the work. 7.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the CITY, CONSULTANT, or any of the CITY'S or CONSULTANT'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. ADJUSTING PROGRESS SCHEDULE: 7.6. CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 3.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. SUBSTITUTES OR "OR-EQUAL" ITEMS: 7.6.1. The technical specifications shall govern the use of substitute or "or-equal" items. Consultant shall be solely responsible for determining whether to permit the proposed substitution and Contractor expressly agrees to be bound by Consultant's decision. The procedure for review by CONSULTANT will include the following as supplemented in the technical specifications. Requests for review of substitute items of 87 matedal and equipment will not be accepted by CONSULTANT from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to CONSULTANT for acceptance thereof, certifying that the proposed substitute will perform equally or better the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 7.6.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to CONSULTANT, if CONTRACTOR submits sufficient information to allow CONSULTANT to determine that the substitute proposed is equal or better, to that indicated or required by the Contract Documents. The procedure for review by CONSULTANT will be governed by the procedure.provided in paragraph 7.6.1 as applied by CONSULTANT and as may be supplemented in the Technical Specifications. 7.6.3. Substitution requests must include the CONTRACTOR'S waiver of its right to additional compensation or time for the failure of the proposed substitution to properly perform. 7.6.4 In order for a substitution to be considered, one or more of the following conditions must be met: The substitution request must be timely, fully documented and properly submitted. The request is directly related to an "or equal" clause in the Contract Documents. The product or method prescribed in the Contract Documents is no longer available. There is a substantial advantage offered to the CITY in terms of cost, time, energy conservation or other considerations of merit. 7.6.5. CONSULTANT will be allowed a reasonable time within which to evaluate each proposed substitute. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without CONSULTANT'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. The CITY may require the CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: 7.7 7.7.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the CITY and the CONSULTANT as indicated in paragraph 7.7.2), whether initially or as a substitute, against whom the CITY or the CONSULTANT may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 7.7.2 If the Technical Specifications or Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) shall be submitted to the CITY for acceptance by the CiTY and CONSULTANT, and if CONTRACTOR has submitted a list thereof, the CITY or CONSULTANT'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute. If after bid opening and prior to the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the contract price or contract time. If the contract price or contract time is increased, the CITY may return the bid bond and award the contract to the next qualified, competent bidder. If after the award of the contract, the CITY objects to certain suppliers or subcontractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such Subcontractor, supplier or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 7.8. CONTRACTOR shall be fully responsible to the CITY and CONSULTANT for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work on the Project just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the CITY or the CONSULTANT and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the CITY or CONSULTANT to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 7.9. The divisions and sections of the Technical Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 7.10. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the CONSULTANT. PATENT FEES AND ROYALTIES: 7.11. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or CONSULTANT its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to other, the existence of such rights shall be disclosed by the CITY in the Contract Documents. CONTRACTOR shall indemnify and hold harmless the CITY and anyone directly or indirectly employed by the CITY from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 7.12. CONTRACTOR shall obtain and pay for all construction permits and licenses. The CITY shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for prosecution ofthe Work, which are applicable at the time of opening of Bids. There will be no cost for permits issued by the CITY. CONTRACTOR shall pay all charges of utility for connections to the Work, and the CITY shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. LAWS AND REGULATIONS: 90 7.13 7.13.1. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules regulations and building codes applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws, ordinances, rules and regulations, neither the CITY nor the CONSULTANT shall be responsible for monitoring CONTRACTOR'S compliance with any Laws, ordinances, rules or regulations. In addition, Contractor shall be responsible for ensuring the compliance of all subcontractors, suppliers or other entities furnishing labor, services or materials on the Project with all laws, ordinances, rules, regulations and building codes. Contractor's failure to comply with any of the applicable laws, ordinances, rules, regulations or building codes shall constitute a material breach of the Contract. 7.13.2. If CONTRACTOR observes that the Specifications or Drawings are at variance with any laws, ordinances, rules or regulations, CONTRACTOR shall give CITY and CONSULTANT prompt, written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 4.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such laws, ordinances, rules or regulations, and without such notice to the CITY and CONSULTANT, CONTRACTOR shall bear all costs arising therefrom; TAXES: 7.14. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws, ordinances and regulations of the place of the Project which are applicable during the performance of the Work. USE OF PREMISES: 7.15. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits and easements, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. CONTRACTOR shall, to the fullest extent permitted by laws and regulations, indemnify and hold the CITY and CONSULTANT harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim adsing out of CONTRACTOR'S performance of the Work or the Work of its subcontractor, suppliers, materialmen or other entities performing Work under the supervision of CONTRACTOR on the Project. 7.16. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove ail waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 7.17. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. RECORD DOCUMENTS: 7.18. CONTRACTOR shall maintain in accordance with the Technical Specifications in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders, and wdtten interpretations and clarifications (issued pursuant to paragraph 10.4) in good order and annotated to show all changes made during construction. The record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. SAFETY AND PROTECTION: 7.19. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 7.19.1. all employees on the Work and other persons and organizations who may be affected thereby; and 7.19.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 7.19.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners ofadjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 7.19.1 to 7.19.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work for anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the CONSULTANT or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as ail the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 15.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, inc., to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of an and in the course of employment on Work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. 7.20. CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. EMERGENCIES AND PRECAUTIONS DURING ADVERSE WEATHER: 7.21 7.21.1. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from CONSULTANT or the CITY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change Order or Change Order will be issued to document the consequences of the changes or variations. 7.21.2. During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and building paper shelters, or other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and he shall take such precautions and procure such additional insurance as he deems prudent. The CONSULTANT may suspend construction operations at any time when, in his judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. SHOP DRAWINGS AND SAMPLES: 7.22. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to CONSULTANT for review in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 3.9), ordinances, rules and all Shop Drawings which will bear the stamp that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable CONSULTANT to review the information as required. 7.23. CONTRACTOR shall also submit to CONSULTANT for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR'S responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 7.23.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 94 7.23.2. At the time of each submission, CONTRACTOR shall give CONSULTANT specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition shall cause a specific notation to be made on each Shop Drawing submitted to CONSULTANT for review of each such variation. 7.24. CONSULTANT will review within ten days of receipt thereof, Shop Drawings and samples but CONSULTANT'S review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. CONTRACTOR shall make corrections required by CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by CONSULTANT on previous submittals. CONSULTANT will review one (1) resubmittal for each shop drawing or product data. All costs of reviewing additional submittals shall be at the CONTRACTOR'S expense. 7.25. CONSULTANT'S review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called CONSULTANT'S attention to each such variation at the time of submission as required by paragraph 7.23.2 and CONSULTANT has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 7.23.1. 7.26. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT'S review and acceptance of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. CONTINUING THE WORK: 7.27. CONTRACTOR shall carry On the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements. While a change order request is pending, Contractor is still obligated to fully perform all work in accordance with the Contract Documents and as directed by the Consultant. iNDEMNIFICATION: 7.28. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnity 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 gross negligence, or actions based upon the willful, wanton or intentional misconduct of the CITY as well as other exclusions provided by F.S. 725.06(1)(c)), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnity 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 CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and ail claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the Contractor the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. ARTICLE 8 - OTHER WORK RELATED WORK AT SITE: 8.1. The CITY may perform other work related to the Project at the site by the CITY'S own forces, let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Article 13; Contractor, however, shall not be entitled to any additional compensation under such circums.tances and is limited to making a claim for an extension of time. If the performance of additional Work by other CONTRACTOR or the Owner is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 8.2. CONTRACTOR shall afford the CITY and other contractors who are a party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the CITY and CONSULTANT and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between the CITY and other contractors. 8.3. If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor (or the CITY), CONTRACTOR shall inspect and promptly report to CONSULTANT in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR'S work. CONTRACTOR'S failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR'S Work and CONTRACTOR shall not be entitled to any additional time or compensation therefor. COORDINATION: 8.4. If the CITY contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Technical Specifications and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Technical Specifications. Unless otherwise provided in the Technical Specifications, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 9 - THE CITY'S RESPONSIBILITIES 9.1. The CITY shall issue all communications to CONTRACTOR through CONSULTANT. 97 9.2. In case of termination of the employment of CONSULTANT, the CITY shall appoint a consultant whose status under the Contract Documents shall be that of the former CONSULTANT. 9.3. The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 15.4 and 15.13. 9.4. The CITY'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 5.1 and 5,4. Paragraph 5.2 refers to the CITY'S identifying and making available to CONTRACTOR copies of all reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by CONSULTANT in preparing the Drawings and Specifications. 9.5. The CITY may execute Change Orders as indicated in paragraph 11.4 if recommended by CONSULTANT. CONSULTANT'S decision, however, is not binding upon the CITY, who may decide, in its sole discretion, to reject a Change Order submitted by the CONTRACTOR where it determines that such is in the CITY'S best interests. 9.6. In connection with the CITY'S right to stop Work or suspend Work, see paragraph 14.10 and 16.1. Paragraph 16.2 deals with the CITY'S right to terminate services of CONTRACTOR. ARTICLE 10 - CONSULTANT'S STATUS DURING CONSTRUCTION: CITY REPRESENTATIVE: 10.1. The CONSULTANT will be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT and the CITY'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of the CITY and CONSULTANT. VISITS TO SITE: 10.2. After wdtten notice to proceed with the work, the CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents; he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction, for which CONTRACTOR is solely responsible, and he will not be responsible for the CONTRACTOR'S failure to perform the construction Work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the Work; and during such visits and on the basis of his on-site observations, as an experienced and qualified design professional, he will keep the CITY informed of the progress of the work, will endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR and may reject Work as failing to conform to the Contract Documents and require CONTRACTOR to repair or replace all defective work at no additional cost to the CITY. PROJECT REPRESENTATION: 10.3. A Resident Project Representative may be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Project Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the City with the knowledge of and under the direction of CONSULTANT. 10.3.1. Resident Project Representative shall where applicable: 10.3.1.1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 10.3.1.2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 10.3.1.3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the City's on-site operations. 10.3.1.4. Assist in obtaining from the City additional details or information, when required for proper execution of the Work. 10.3.1.5. Record date of receipt of Shop Drawings and samples. 10.3.1.6. Receive samples which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 10.3.1.7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing if the submittal has not been approved by the CONSULTANT. 10.3.1.8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 10.3.1.9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by contract. 10.3.1.10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 10.3.1.11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 10.3.1.12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 10.3.1.13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 10.3.1.14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 10.3.1.15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 100 10.3.1.16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 10.3.1.17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 10.3.1.18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 10.3.1.19. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 10.3.1.20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 10.3.1.21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 10.3.1.22. During the course of the work, veri~ that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to City prior to final payment for the Work. 10.3.1.23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 10.3.1.24. Conduct final inspection in the company of the CONSULTANT, the City and the CONTRACTOR and prepare a final list of items to be completed or corrected. 10.3.1.25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. 10.3.2. The Resident Project Representative shall not: 101 10.3.2.1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 10.3.2.2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 10.3.2.3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 10.3.2.4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 10.3.2.5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 10.3.2.6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 10.3.2.7. Authorize the City to occupy the Project in whole or in part. 10.3.2.8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. CLARIFICATIONS AND INTERPRETATIONS: 10.4. CONTRACTOR expressly agrees that CONSULTANT is the sole judge of the requirements of the Contract Documents and the judge of CONTRACTOR'S performance thereunder and thus agrees that all decisions made by CONSULTANT regarding such issues shall be binding upon CONTRACTOR and the CITY. The CONSULTANT will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CONSULTANT may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. AUTHORIZED VARIATIONS OF WORK: 10.5. CONSULTANT may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a field Order and will be binding on the CITY, and also on CONTRACTOR who shall perform the Work involved promptly. As such Field Orders involve minor variations to the Work, CONTRACTOR shall not be entitled to any additional 102 time or compensation for performing such work and is precluded from submitting change order requests for furnishing such work. 10.6. The CONSULTANT will have authority to disapprove or reject Work which CONSULTANT believes to be defective or believes to be in nonconformance with the intent of the contract documents, and will also have authority to require special inspection or testing of the Work as provided in paragraph 14.9, whether or not the Work is fabricated, installed or completed. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 10.7. In connection with CONSULTANT'S responsibility for Shop Drawings and samples, see paragraphs 7.22 through 7.26 inclusive. 10.8. In connection with CONSULTANT'S responsibilities as to Change Orders, see Article 11, 12, and 13. 10.9. In connection with CONSULTANT'S responsibilities in respect of Applications for Payment, etc., see Article 15. DETERMINATIONS FOR UNIT PRICES: 10.10. CONSULTANT will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. CONSULTANT will review with CONTRACTOR CONSULTANT'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). CONSULTANT'S written decisions thereon will be final and binding upon the CITY or CONTRACTOR unless, within ten days after the date of any such decision, either the CITY or CONTRACTOR delivers to the other party to the Agreement and to CONSULTANT written notice of intention to appeal from such a decision. DECISIONS ON DISPUTES: 10.11. As CONSULTANT is the interpreter of the requirements of the Contract Documents and judge of the acceptability of the Contractor's Work thereunder, claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 12 and 13 in respect of changes in the Contract Pdce or Contract Time will be referred to CONSULTANT in writing with a request for a formal decision in accordance with this paragraph, which CONSULTANT will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to CONSULTANT and the other party to the Agreement promptly (but in no event later than ten (10) days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to CONSULTANT and the other party within thirty (30) days after such occurrence unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim. 103 10.12. When functioning as interpreter and judge under paragraphs 10.4, 10.10 and 10.11, CONSULTANT will not show partiality to the CITY or CONTRACTOR. The rendering of a decision by CONSULTANT pursuant to paragraphs 10.4, 10.10 and 10.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 15.13) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. CONTRACTOR'S failure to timely submit a claim to the CONSULTANT in accordance with the requirements of the Contract Documents constitutes a waiver of its claim. LIMITATIONS ON CONSULTANT'S RESPONSIBILITIES: 10.13. Neither CONSULTANT'S authority to act under this Article 10 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT or CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.14. Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory" or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 10.15 or 10.16. 10.15. CONSULTANT will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT will not be responsible to CONTRACTOR for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 10.16. CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 11 - CHANGES IN THE WORK 11.1 A "Change Order" is defined, for purposes of the Contract Documents, as a wdtten order to the CONTRACTOR executed by the CITY and the CONSULTANT after execution 104 of the Contract, directing a change in the Work and may include a change in the Contract Price or the time for the CONTRACTOR'S performance, or any combination thereof. 11.2 Without invalidating the Agreement and without notice to any surety, the CITY may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefore as provided in Article 12 or Article 13. 11.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 4.4 and 4.5, except in the case of an emergency as provided in paragraph 7.21 and except in the case of uncovering Work as provided in paragraph 14.9. 11.4. The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 11.4.1. Changes in the work which are ordered by the CITY pursuant to paragraph 11.2, are required because of acceptance of defective Work under paragraph 14.13 or correcting defective Work under paragraph 14.14, or are agreed to by the parties. 11.4.2. the parties; Changes in the Contract Price or Contract time which are agreed to by 11.4.3. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to paragraph 10.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provision of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 7.27. 11.4.4. Execution of a Change Order by the CONTRACTOR constitutes conclusive evidence of the CONTRACTOR'S agreement to the ordered changes in the Work and the change in the Contract Price and the time for performance by the CONTRACTOR. The CONTRACTOR, by executing the Change Order, waives and forever releases any claim against the CITY for additional time or compensation for issues or matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 105 11.4.5. All Change Orders and adjustments shall be in wdting and executed by the CONTRACTOR and CITY; otherwise, no claim for additional compensation or time will be permitted. 11.4.6. All Change Orders in which the CONTRACTOR seeks additional time must include a Time Impact Analysis which includes an analysis of how the change shall be incorporated into the construction schedule; the status of construction at that time; and the start/finish dates of all affected activities utilizing the dates included in the latest construction schedule. Where the CONTRACTOR fails to append a Time Impact Analysis to the Change Order, it agrees that the delay has no affect on Contract Time. 11.5. It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given bythe CONTRACTOR. Ifnoticeofanychange affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or contract Time) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11.6. Notwithstanding, anything to the contrary contained within the contract documents, all change orders involving additional cost or extensions of time, shall be governed by the ordinances of the City of Delray Beach. ARTICLE '12 - CHANGE OF CONTRACT PRICE 12.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 12.2. The Contract Price may only be changed by a Change Order or by a Wdtten Amendment. Although the CONTRACTOR acknowledges the "no damages for delay" provision set forth in Article 9 of the Contract Agreement, should it be entitled to any claim for additional compensation under any circumstances, any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence (unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined solely by CONSULTANT in accordance with paragraph 10.11 if the CITY and 106 CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 12.2. Failure by the CONTRACTOR to strictly comply with such notice requirements shall constitute a complete waiver by the CONTRACTOR of any claim for additional compensation. Furthermore, should the CONTRACTOR be entitled to an increase in the Contract Sum, it shall be strictly limited to the direct cost of labor and materials incurred by the CONTRACTOR at the jobsite and shall in no event include indirect costs, overhead, lost profits or consequential damages incurred by the Contractor. Furthermore, the CITY shall not be liable to the CONTRACTOR for claims of third parties including, but not limited to, subcontractors, suppliers, laborers, etc. 12.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 12.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 12.9.1. and 12.9.2.). 12.3.2. By mutual acceptance ora lump sum (which shall include an allowance for overhead and profit in accordance with paragraph 12.6.2.1). 12.3.3. On the basis of the Cost of the Work (determined as provided in paragraphs 12.4 and 12.5) plus a CONTRACTOR'S Fee for overhead and profit (determined as provided in paragraphs 12.6 and 12.7). COST OF THE WORK: 12.4. The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 12.5: 12.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classification agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the CITY. 107 12.4.2. Cost of all materials and equipment fumished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to the CITY. AFl trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 12.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by the CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who will then determine, with the advice of the CONSULTANT, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of Work. Ail subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 12.4.4. Supplemental costs include the following: 12.4.4.1. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers, which are consumed in the performance of Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 12.4.4.2. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. For special equipment and machinery such as power driven pumps, concrete mixers, trucks, front end loaders, backhoes, and tractors, or other equipment, required for the economical performance of the authorized Work, the. CONTRACTOR shall receive payment based on the weekly rate divided by 40 to arrive at an hourly cost. The weekly rate shall be from the latest edition of the Rental Rate blue book for Construction Equipment, published by Equipment Guide Book Co., reduced by 25 percent. Equipment cost shall be calculated based upon the actual time the equipment is used in the Work. If said Work required the use of machinery not on the Work or not to be used on the Work, the cost of transportation, not exceeding a distance of one hundred (100) miles, of such machinery to and from the Work shall be added to the fair rental rate; provided, however, that this shall not apply to machinery or equipment already required to be furnished under the terms of the Contract. 108 12.4.4.3. Sales, consumer, use or similar taxes related to the work and for which CONTRACTOR is liable, imposed by laws and regulations. 12.4.4.4. Royalty payments and fees for permits and licenses. 12.4.4.5. The site costs of utilities, fuel and sanitary facilities. 12.4.4.6. Cost of premiums for additional bonds and insurance required because of changes in the Work. 12.5. The term Cost of the Work shall not include any of the following: 12.5.1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1, which are to be considered administrative costs covered by the CONTRACTOR'S Fee. 12.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. CONTRACTOR expressly agrees that Home Office Overhead is not included within the costs of the work. 12.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 12.5.4. Cost of premiums for all Bonds and for all Insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 12.4.4.6 above). 12.5.5. Costs due to the negligence or intentional acts of the CONTRACTOR, any Subcontractor, or anyone whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 12.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 12.4. 109 CONTRACTOR'S FEE: 12.6. The CONTRACTOR'S Fee allowed to CONTRACTOR for overhead and profits shall be determined as follows: 12.6.1. A mutually acceptable fixed fee; or if none can be agreed upon, 12.6.2. A fee based on the following percentages of the various portions of the Cost of the Work: 12.6.2.1. The cost allowance for overhead and profit shall not exceed fifteen percent (15%) of the new cost. If the Work is done by a Subcontractor, he may add ten percent (10%) of his net cost for overhead and profit and the Contractor may add five percent (5%) of the net cost for overhead and profit. If all the Work is done by the Contractor, he may add fifteen percent (15%) of the net cost for overhead and profit. 12.6.2.2. No fee shall be payable on the basis of costs itemized under paragraphs 12.4.4 and 12.5; 12.6.2.3. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR'S Fee by an amount equal to ten percent of the net decrease; and 12.6.2.4. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR'S Fee shall be computed on the basis of the net change in accordance with paragraphs 12.6.2.1 through 11.6.2.3, inclusive.. 12.7. Whenever the cost of any Work is to be determined pursuant to paragraph 12.4 or 12.5, CONTRACTOR will submit in form acceptable to CONSULTANT an itemized cost breakdown together with supporting data. CASH ALLOWANCES: 12.8. It is understood that CONTRACTOR has included in the Contract Pdce all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to the CONSULTANT, CONTRACTOR agrees that: 12.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and llO 12.8.2. CONTRACTOR'S costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change order will be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. UNIT PRICE WORK: 12.9 12.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by CONSULTANT in accordance with Paragraph 10.10. 12.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. OMITTED WORK: 12.10. The City may at any time, by written order, without Notice to the Sureties, require omission of such contract work as it may find necessary or desirable. An order for omission of work shall be valid only by an executable change order. All work so ordered must be omitted by the CONTRACTOR. The amount by which the contract price shall be reduced shall be determined as follows: 12.10.1. By such applicable unit prices, or rates for work of a similar nature or character as set forth in the contract; or, 12.10.2. By the appropriate lump sum price set forth in the Contract; or, 12.10.3. By the reasonable and fair estimated cost of such omitted work as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. 111 ARTICLE 13 - TIME AND DELAYS 13.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and CONTRACTOR, in agreeing to complete the Work within the time herein mentioned, has taken - into consideration and made allowances for all reasonable hindrances and delays incident to his work 13.3 CONTRACTOR agrees to commence the Work when directed by Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of CONTRACTOR in completion of the Project within the time specified above. 13.4 CONTRACTOR shall make payments promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of his work. 13.5 The CONTRACTOR shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever; but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the CONTRACTOR to receive an extension of time as its sole and exclusive remedy. 13.6 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Palm Beach County. 13.7 An extension of time to complete the Work shall be determined by the Owner provided that the CONTRACTOR provides the Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 13.8 In the event the request for extension is not made in writing within that twenty (20) day time period, CONTRACTOR acknowledges and agrees it has forever waived any and all rights to such an extension. 13.9 AIl extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 13.10 This "no damage for delay" clause, also set forth in Article 9 of the Contract Agreement, will encompass any damages for delay or disruption even if the CONTRACTOR completes construction of the Work in a timely fashion in accordance with this Contract. 112 13.11 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.12 By way of specific example but not limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased and/or extended home office overhead, increased general conditions, costs of mobilization and demobilization, decrease in value, and/or any other damage or loss. 13.13 The CONTRACTOR recognizes and specifically acknowledges the terms and the "no damage for delay" clause upon execution of this Contract. ARTICLE 14 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK: 14.1. CONTRACTOR warrants and guarantees to the CiTY and CONSULTANT that all Work will be constructed in accordance with the Contract Documents and that all materials and equipment incorporated into any Work covered by the Contract Documents shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be in accordance with construction practices acceptable to the City and Consultant. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Article 14. The guarantee shall remain in effect for one year from the date of final acceptance unless a longer period is specified. The CITY shall give notice of observed defects with reasonable promptness. Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee shall subject the remedied portion of the work to an extended guarantee period of one year after the defect has been remedied. The Surety shall be bound with and for the Contractor in the Contractor's faithful observance of the guarantee. However, nothing contained in this Section shall affect or hinder the CITY'S ability to collect on the CONTRACTOR'S Performance Bond within a five (5) year period. ACCESS TO WORK: 14.2. CONSULTANT'S and CONSULTANT'S representatives, other representatives ofthe CITY, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 113 TESTS AND INSPECTIONS: 14.3. CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals. 14.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the CITY'S or CONSULTANT'S acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. 14.5. AIl inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to the CITY (or by CONSULTANT if so specified). 14.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given CONSULTANT timely notice of CONTRACTOR'S intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 14.7. Neither observations by CONSULTANT nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligation's to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 14.8. If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT'S observation and replaced, at CONTRACTOR'S expense. 14.9. If CONSULTANT considers it necessary or advisable that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT'S request shall uncover, expose or otherwise make available for .observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount 114 thereof, may make a claim therefor as provided in Article 12. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 12 and 13. CITY MAY STOP THE WORK: 14.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 14.11. If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by CONSULTANT, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. ONE YEAR CORRECTION PERIOD: 14.12. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY'S written instructions, either correct such defective Work, or, if it has been rejected by the CITY, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 115 14.13. If instead of requiring correction or removal and replacement of defective Work, the CITY (and prior to CONSULTANT'S recommendation of final payment) prefers to accept it, the CITY may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to the CITY'S evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to CONSULTANT'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price to be determined by the CONSULTANT. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to the CITY. CITY MAY CORRECT DEFECTIVE WORK: 14.14. If CONTRACTOR fails within thirty days (30) after written notice of CONSULTANT to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 14.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after · seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incomplete in the Work all materials and equipment stored at the site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CITY'S representative, agents and employees such access to the site as may be necessary to enable the CITY to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the CITY in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by CONSULTANT, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 12. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of other destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY'S rights and remedies hereunder. 116 ARTICLE 15 - PAYMENTS TO CONTRACTOR AND COMPLETION 15.1. The schedule of values established as provided in paragraph 3.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to CONSULTANT. The schedule of values shall be presented with such detail, and supported with whatever information the CITY or CONSULTANT reasonably requests. The CONTRACTOR shall not imbalance its schedule of values or artificially inflate any element thereof. Progress payments on account of Unit Price Work will be based on the number of units completed. APPLICATION FOR PROGRESS PAYMENTS: 15.2 Unless otherwise prescribed by law, at the end of each month, the CONTRACTOR shall submit to the Consultant for review, an Application for Progress Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accomplished by such supporting documentation as is required by the Contract Documents. The Application for Progress Payment shall identify, as a subtotal, the amount of the CONTRACTOR'S Total Earnings to Date, plus the Value of Materials Stored which have not yet been incorporated in the Work, less a deductive adjustment for materials stored which have been installed which were not previously incorporated in the Work, but for which payment was allowed. The Net Payment Due to the CONTRACTOR shall be the above- mentioned subtotal from which shall be deducted the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Pregress Payment submitted by the CONTRACTOR. Retainage shall be calculated based upon the above-mentioned subtotal. The above calculation in tabular form is as follows: Total Earnings to Date $ Value of Materials Stored $ Less Value of Materials Stored for which payment was allowed and which have been installed ($ ) Sub Total $ Less Retainage (based on sub total) ($ ) Less total of ail previous approved Applications for Progress Payment ($ ) NET PAYMENT DUE: $ 117 The Value of Materials Stored shall be an amount equal to the specified percent of the value of same as set forth in the Agreement or Schedule of Values. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing; provided, each such individual item has a value of more than $5,000 and will become a permanent part of the Work and is planned for installation within the following thirty (30) days. The Application for Progress Payment shall also be accompanied by a Bill of Sale, paid invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY'S interest therein, all of which shall be satisfactory to the CITY. CONTRACTOR warrants and represents that, upon payment of the pay request submitted, title to all work included in such payment shall be vested in the CITY. CONTRACTOR'S WARRANTY OF TITLE: 15.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of payment free and clear of Liens. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 15.4. CONSULTANT will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Twenty business days after receipt of the Application for Payment by the City with CONSULTANT'S recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 15.7) become due and when due will be paid by the CITY to CONTRACTOR. 15.5. CONSULTANTS recommendation of any payment requested in the application for payment shall not prohibit the City from withholding payment or prohibit the City from paying additionally sums regarding other matters or issues between the parties. In addition, payment precludes contractor from requesting additional compensation for work for which it has been paid. 15.6. CONSULTANT'S recommendation of final payment will constitute an additional representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 15.13 have been fulfilled. 15.7. CONSULTANT may refuse to recommend the whole or any part of any payment if, in CONSULTANT'S opinion, it would be incorrect to make such representations to the 118 CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT'S opinion to protect the CITY from loss, including but not limited to: 15.7.1. The Work is defective, or completed Work has been damaged requiring correction or replacement. 15.7.2. Change Order. The Contract Price has been reduced by Written Amendment or 15.7.3. The CITY has been required to correct defective Work or complete Work in accordance with paragraph 14.14, or 15.7.4. Of CONSULTANT'S actual knowledge of the occurrence of any of the events enumerated in paragraphs 16.2.1 through 16.2.9 inclusive. 15.7.5 For liquidated damages that have accrued against the CONTRACTOR; 15.7.6 For claims filed by Subcontractors, suppliers or other third parties; 15.7.7 CONTRACTOR'S failure to carry out any of its obligations under the Contract Documents; 15.7.8 CONTRACTOR'S failure to make proper payments to Subcontractors or other third parties; 15.7.9 Damage to the CITY or another CONTRACTOR; 15.7.10 Punch list items unremedied; 15.7.11 Failure to comply with any and all insurance requirements; 15.7.12 Reasonable evidence that the Work will not be completed on or before the Substantial Completion or Final Completion date. The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR'S performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended, but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. 119 SUBSTANTIAL COMPLETION: 15.8. When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CiTY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. Within a reasonable time thereafter, the CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT will prepare and deliver to the CITY for its execution and recordation the Certificate of Substantial Completion signed by the CONSULTANT and CONTRACTOR, which shall fix the Date of Substantial Completion. Before requesting an inspection for certification of Substantial Completion, the Contractor must have completed the following: 15.8.1 All air conditioning, ventilation, security systems, fire alarms, fire sprinklers and other life safety systems must be completed, tested, approved and demonstrated. 15.8.2 Air Conditioning systems must be completed, tested and approved by the Consultant. 15.8.3 Landscape irrigation systems must be completed, tested, approved and demonstrated. 15.8.4 In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. 15.8.5 Advise CITY of pending insurance changeover requirements. 15.8.6 Prepare specific warranties, workmanship bonds, maintenance agreements, final certifications and all required closeout submittals. 15.8.7 Obtain and submit releases enabling the CITY unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 15.8.8 Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys and similar final record information. 120 15.8.9 Make final changeover of permanent locks and transmit master and grand master keys to the CITY. 15.8.10 Advise the CITY'S personnel of pending changeover in security provisions. 15.8.11 Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups and similar elements. 15.8.12 Complete final cleanup requirements, including touch-up painting. 15.8.13 Touch-up and otherwise repair and restore marred exposed finishes. 15.9. The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list". PARTIAL UTILIZATION: 15.10. Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by the CITY without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 15.10.1. The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT will notify the CITY and CONTRACTOR in writing giving the reasons therefor. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of paragraphs 15.8 and 15.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 15.10.2 The CITY may at any time request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to CONSULTANT and within a reasonable 121 time thereafter the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY, CONSULTANT will finalize the list of items to be completed or corrected and will deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless they shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 15.10.3 If the CONSULTANT'S inspection discloses any item, whether or not included on the CONTRACTOR'S list, which is not in accordance with the Contract Documents and which would precluded beneficial occupancy and would render the Work not Substantially Complete, the CONTRACTOR shall immediately correct such item at no additional cost to the City. 15.10.4 The CITY, upon notification from the CONSULTANT that the Work, or a portion thereof, may be substantially complete, and all project closeout submittals pertaining to the Work have been approved and forwarded to the CITY, will direct the CITY to schedule and coordinate the CITY'S Substantial Completion Inspection. If the CONSULTANT finds that the work is substantially complete, it shall issue the CONTRACTOR a Certificate of Substantial Completion. Should the CONSULTANT deny substantial completion, CONTRACTOR shall promptly correct all deficiencies noted which caused the denial of substantial completion. Upon the correction of such deficiencies, the CONTRACTOR shall notify the CONSULTANT that such deficiencies are ready for reinspection at which time the CONSULTANT shall re-conduct a substantial completion inspection. FINAL INSPECTION: 15.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, CONSULTANT will make a final inspection with the CITY and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies at no additional cost to the CITY. FINAL APPLICATION FOR PAYMENT: 15.12. After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, 122 schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 7.18) and other documents--all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents. FINAL PAYMENT AND ACCEPTANCE: 15.13. Upon receipt of written notice from the Contractor that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment and accompanying documentation, the CITY'S CONSULTANT shall promptly examine the Work and, making such tests as he may deem proper and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced Professional CONSULTANT, shall satisfy himself that the CONTRACTOR'S statement appears to be correct and the CONTRACTOR'S other obligations under the Contract Documents have been fulfilled. He shall then inform the CITY in writing that he has examined the Work and that it appears, to the best of his knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders, that the CONTRACTORS other obligations under the Contract Documents have been fulfilled, and that he therefore recommends acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY'S CONSULTANT does not in any way relieve the CONTRACTOR from his responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. In addition, payment to the CONTRACTOR by the CITY does not constitute acceptance of the CONTRACTOR'S defective Work or release the CONTRACTOR from its obligation to repair or replace all defective and deficient work. The CONSULTANT will then make a final estimate of the value of all Work done and will deduct therefrom all previous payments which have been made. The CONSULTANT will report such estimate to the CiTY together with his recommendation as to the acceptance of the Work or his findings as to any deficiencies therein. After receipt and acceptance bythe CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT'S estimate and recommendation to the CITY, the CITY will make final payment to the CONTRACTOR of the Amount remaining after deducting ail prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including, but not limited to, Liquidated Damages, as applicable. All prior estimates are subject to correction in the final estimate. Thirty days after approval by the CITY of the application for final payment, the amount recommended by CONSULTANT shall become due and will be paid to Contractor. 123 CONTRACTOR'S CONTINUING OBLIGATION: 15.14. CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by CONSULTANT, nor the issuance of a Certificate of Substantial Completion, nor any payment by the CITY to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 15.13, nor any correction of defective Work by the CITY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents. ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION CITY MAY SUSPEND WORK: 16.1. The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and CONSULTANT which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. In the event of a suspension of the Work, CONTRACTOR is expressly limited to seeking an extension of time in accordance with Article 13 of the Contract General Conditions and is expressly precluded from seeking any additional compensation in such circumstance. CITY MAY TERMINATE 16.2. Upon the occurrence of any one or more of the following events: 16.2.1. If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to the bankruptcy or insolvency; 16.2.2. If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 16.2.3. If CONTRACTOR makes a general assignment for the benefit ofcreditors; 124 16.2.4. If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors; 16.2.5. If CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 16.2.6. If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 3.9 as revised from time to time); 16.2.7. If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 16.2.8. If CONTRACTOR disregards the authority of CONSULTANT; or 16.2.9. If CONTRACTOR otherwise violates any provisions of the Contract Documents; the CITY may, after giving CONTRACTOR and Surety seven days written notice of any default and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. Ifthe unpaid balance of the Contract Price exceeds the expense of completing the work including compensation for additional managerial and administrative services, plus the CITY'S direct, indirect and consequential losses, damages and costs because of the CONTRACTOR'S default (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) such excess will be paid to CONTRACTOR. If such expenses and costs plus the CITY'S losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to the CITY promptly on demand. Such costs incurred by the CITY will be approved as to reasonableness by CONSULTANT and incorporated in a Change Order, but when exercising any dghts or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the work performed. In addition, failure of the CITY to comply with the seven days' notice provision to the surety does not render the termination improper, render the termination one for convenience or in any way release surety from liability under its performance bond. 125 16.3. Where CONTRACTOR'S services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by the CITY will not release CONTRACTOR from liability. 16.4. The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the Contractor, and in such event, the CITY will pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also will reimburse the CONTRACTOR for ail costs necessarily incurred for organizing and carrying out the stoppage of the Work and paid directly by the CONTRACTOR, not including overhead, general expenses or profit. The CITY will not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination if the CONTRACTOR can show proof of said purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. CONTRACTOR MAY STOP WORK OR TERMINATE: 16.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY or under an order of court or other public authority, or CONSULTANT fails to act on any Application for Payment within thirty (30) days after it is submitted, or the CITY fails for sixty (60) days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to the CITY and CONSULTANT, terminate the Agreement and the CITY will pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the work completed as of the Date of Termination plus reasonable termination expenses. The CITY will not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR promptly to assign to it all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Agreement, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven days written notice to the CITY and CONSULTANT stop the Work until payment of all amounts 126 then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 7.27 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY. ARTICLE 17 - MISCELLANEOUS GIVING NOTICE: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: 17.2. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. NO LIMITATION OF RIGHTS AND REMEDIES: 17.3. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 7.28, 14.1, 14.12, 14.14, 15.3 and 16.2 and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply. All representations warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ACCIDENT AND PREVENTION: 17.4. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions ofthe "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are 127 not in conflict with applicable laws. The Contractor shall maintain an accurate record ofall cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on Work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. 17.5. In the event the CITY is prevented from proceeding with any or all of this Work as stated in this Contract, due to a declaration of war, or national emergency, by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or governmental edict, or due to the stoppage of construction caused by any governmental agency, State, City, Town, or County regulations, orders, restrictions, or due to circumstances beyond the CITY'S control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Agreement outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already been commenced, then the CITY herein shall be liable for only the cancellation or suspension without the addition of prospective profits or other changes whatsoever. FLORIDA PRODUCTS AND LABOR: 17.6. The CONTRACTOR'S attention is called to Section 255.04, Florida Statutes, which requires that on public building contracts, Florida products and labor shall be used wherever price and quality are equal. EMPLOYEES: 17.7. AIl labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.8. Any person employed on the Work who fails, refuses or neglects to obey the instructions of the CONTRACTOR in anything relating to this Work or who appears to the CITY to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be at once discharged and not again employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT or their inspectors by the CONTRACTOR or his employees or agents, shall be authority for the CITY to annul the Contract and re-let the Work. No intoxicating substance shall be allowed on the Work site. NON-DISCRIMINATION: 17.9 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The CONTRACTOR will endeavor to ensure that applicants 128 are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractor compliance. DRUG-FREE WORKPLACE: 17.10. The CONTRACTOR shall comply with Florida Statutes Section 287.087 which gives preference to businesses with drug-free workplace programs. ASSIGNMENT: 17.11. This Agreement, nor any monies due hereunder, or any part thereof, shall not be assigned, or transferred, by CONTRACTOR, nor shall the CITY be liable to any assignee or transferee, without the written consent of the CITY, to the assignment, or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. VENUE: 17.12. 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 is fixed in Palm Beach County, Florida. ASBESTOS: 17.13. If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CITY shall consult with the CONSULTANT regarding removal or encapsulation of the asbestos material and the CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of special instructions from the CITY through the CONSULTANT. RIGHT TO AUDIT: 17.14. If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR'S 129 books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR'S plants, or such parts thereof, as may be or have been engaged in the per[ormance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR'S normal business hours at the office of the CONTRACTOR. The accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. 130 [IT¥ I)F DELRiW BErlgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: TO: FROM: MEMORANDUM April 29, 2004 City Commission David Harden. CityManager Brian Shutt, Assistant City Attorney SUBJECT: Release of Liens On October 23, 2003 the City entered into an interlocal agreement with the CRA regarding 2 parcels of property adjacent to each other that are located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street. The City owns one parcel and attempted to purchase the other parcel, however, due to title problems we were unable to complete the purchase. The CRA offered to take the property by eminent domain in order to clear up the title problems. The CRA has now obtained title to that parcel. At the City Commission meeting of March 16, 2004, the Commission approved the transfer of the City owned parcel to the Community Redevelopment Agency to be utilized for affordable housing. However, there are nuisance abatement liens on the property and we would request the City Commission release the following liens: Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution Resolution No. 32-84 - $87.52 No. 42-86 - $162.41 No. 24-87 - $87.19 No. 36-87 - $72.27 No. 23-88 - $97.13 No. 60-88 - $77.50 No. 13-89 - $77.26 No. 27-90 - $152.12 No. 8-91 - $142.82 No. 45-91 - $100.77 No. 61-91 - $124.20 No. 1-92 - $124.84 No. 62-92 - $119.02 No. 90-92 - $123.52 Resolution No. 14-93 - $207.95 Resolution No. 72A-93- $156.00 Resolution No. 4-94 - $122.88 Resolution No. 84-94- $102.83 Resolution No. 27-95- $110.20 Resolution No. 74-95 - $109.67 Resolution No. 81-95 - $106.92 Please place this item on the agenda for the May 4, 2004 City Commission meeting. If you should have any questions, please do not hesitate to contact me. RBS:smk cc: David Harden, City Manager Barbara Garito, City Clerk [lTV OF DELRIIV BE;IgH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DATE: TO: FROM: MEMORANDUM April 29, 2004 David T. Harden, City Manager Terrill C. Pybum, Assistant City Attorney SUBJECT: Contract with Zoll Medical Corporation Attached please find a draft agreement between the City and Zoll Medical Corporation. This agreement provides the City's Fire Department with educational grant incentives in the amount of $2,000 in exchange for the City's participation in a study regarding AED defibrillators. The City will collect digitized data on data cards and software provided by Zoll regarding cardiac arrest events that include CPR performed during the course of the rescue. The information transmitted will be HIPAA compliant. Please review the document, and if you desire, place it on the next City Commission agenda for consideration. TCP:smk Attachment CONFIDENTIAL Blphasic Registry Agrt ment 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AGREEMENT between The City of Delray Beach, hereinafter called "Registry Site," and ZOLL MEDICAL CORPORATZON, a Massachusetts corporation, 269 Mill Rd. Chelmsford MA 01824 hereinafter called "ZOLL". REGIS ~ KY Sz I E will undertake the following data collection program: ]'ntroductJon. REGISTRY S~I'E will Implement a Data Collection Program (the "Registry") as specified in Exhibit A. The purpose of the Registry is to collect shock and CPR waveform data in the out of hospital cardiac arrest setting to build a data base at ZOLL that can be utilized to summarize aggregate data, provide trend analyses, presentations and publications. o The Scope of'Wor/c. The work to be performed is the mutually agreed upon requirements attached hereto as Exhibit A. o 4. 5. 6. Data/vlar~ager. The project will be coordinated under the supervision of the EMS Chief and/or Medical Director at the REGIS ~ KY' SITE of City of Delray Beach by a designated person (the 'l~M'~. Per/od. The period of performance shall become effective upon contract execution and shall continue until December 31, 2006. Payments: The mutually ag~l upon Incentives are specified in Exhibit A, Registry Incentives. ZOLL reserves the right to the return of provided equipment if data submission requirements are not met during the period of performance. Re~j/s~ry Rev/ew. The DM will conduct the Registry at REGISTRY $~ I t: with the prior approval and ongoing review of all appropriate and necessary review authorities for the City of Delray Beach and in accordance with all applicable federal, state, and local laws and regulations. RL~.J'b'7'RY ~JT'E-.-ZOLL BIp~a~/c Itegistxy C_.onfldential Page X of X3 1 7. 2 3 4 5 8. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 33 35 36 37 38 39 10. 11. Registry Records, Data, and,4na/yse~. The DM will prepare and maintain complete, accurately written records, accounts, notes, reports and data relating to the Registry in compliance with the applicable Registry requirements and all federal, state, and local laws and regulations. .~nvenb'onsanc/Patent~. Any intellectual property developed by ZOLL using any data or material from the Registry is solely the property of ZOLL. Ownership of Data arid/ntallectua/Prope,'t~. The data submitted by the Registry Site as part of the Registry, either in wdtten or electronic form, will be jointly owned by ZOLL and the Registry Site. The aggregate data and analyses from the Registry will belong to ZOLL. The Registry site will have access to its own data submitted to the Registry. ZOLL will own all statistical analyses (hereinafter "Data Analysis") generated from source documents such as videos, and timing measurements, paper and electronic documents generated from the source documents (hereinafter "Source Material''). REGI$~KY SFI-E will have the right to use the data in order to comply with any federal, state, or local government laws or regulations as necessary. Terml/~aEo/~. This project may be terminated by either party without cause upon thirty (30) days written notice. ZOLL may also terminate Registry participation if the REGIS ~ K~' St ~ ~ is not able to continue meeting data goals defined as 75% of annual primary cardiac arrests per year. l'n the event of termination due to unmet data goals, ZOLL may request return of the Dell laptop, provided. I./~e of the Name. Except for disclosure by REGIb~ KY S[-I'E of ZOLL's support for the Registry in publications, no party to this Agreement will use the name of any other party or of any staff member, employee, or student of any other party or any adaptation, acronym, or name by which any party is commonly known, in any advertising, promotional, or sales literature or in any publicity without the prior written approval of the party or individual whose name is to be used. Pub//cat/ons and Copy#ghts. REGISTRY STTE may publish papers dealing with results of its own data collected for the Registry. The Registry Site shall provide a copy of submission copies of research papers under this Agreement to ZOLL for review and comment prior to submission for publication. Upon receipt of pre-submission copies of such papers from REGISTRY S]-i'E, ZOLL will have thirty (30) days to review and submit comments on such papers. The REGISTRY S~I'E will give ZOLL full credit and acknowledgment for the support provided to REGI~ i KY STIE in any publication resulting from this research. 3-~le to, and the dght to determine the disposition of, any copyrights, or copyrightable material, first produced or composed in the performance of this research, will remain with ZOLL, provided that ZOLL will grant to REGISTRY St I I= an irrevocable royalty free, non-exclusive right to reproduce, translate, and use all such 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 37 copyrighted matedal for its own purposes. ZOLL may elect to submit for publication Registry results of its own writing at its own discretion. 12. ZOLL will cover all expenditures related to releasing results of this Registry In appropriate forums, including presentation at conferences and publication in appropriate peer-reviewed journals. 13. ConEdenEality of Propr/etary Inl~rmation, It is anticipated that in the performance of the Registry, ZOLL may provide certain Information and Data that ZOLL considers proprietary to REGISTRY SFI-E, the DN, and other REGIb i KY' S11 ~ personnel who are designated by the DM as being authorized to receive such Proprietary Information. REGIEI-RY STFE and the DM retain the right to refuse to accept any such Information that they do not consider essential to the completion of the project or that they believe to be improperly designated. All parties who receive or have access to such Proprietary Information will be bound by the following confidentiality obligations: (a) For the purposes of this Agreement, "Proprietary Information" refers to information of any kind which is disclosed by ZOLL to a Recipient and which, by appropriate marking, ZOLL identifies In writing as confidential and proprietary at the time of disclosure. In the event ZOLL must provide the proprietary information visually or orally, obligation of confidence will attach only to that information ZOLL confirms in writing within ten (10) days of disclosure as being confidential. (b) For a period of five (5) years after the effective date of this Agreement, each Redpient agrees to use (1) reasonable efforts, no less than the protection of their own confidential information, to protect Proprietary Information received from ZOLL and accepted by Recipient; and (2) to use such information only in accordance with the following: (i) Each Redpient will use ZOLL's Proprietary Information solely for the purposes of conducting the Registry, obtaining any required review of the Registry or its conduct, or ensuring proper medical treatment of any patient or subject. Each Recipient agrees to make Proprietary Information available only to those employees and students of REGISTRY STTE who require access to the information in the performance of this Registry and to inform them of the confidential nature of such information. (ii) Except as provided in subparagraph (i) above, each Recipient will keep all Propfletary Znformation confidential unless ZOLL gives specific writl~n consent of the release of such information, or unless disclosure is required by law. R-n~ZFI'RY ~'E'--ZOLL Mpl~a~ Reg~b'y ~.om'/de~l~al Page 3 of.13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 36 14. 15. (ill) If any Recipient becomes aware of any disclosure not authorized hereunder, that Redplent will notify ZOLL and take reasonable steps to prevent any further disclosure or unauthorized use. (c) No Recipient will be required to treat any Information as Proprietary Information under this Agreement in the event: (i) it is publicly available prior to the date of this Agreement or becomes available thereafter through no wrongful act of any Recipient; (ii) it is known to any Recipient prior to the date of disclosure or becomes known to any Recipient thereafter from a third party having an apparent bona fide right to disclose the information; (iii) it is disclosed by any Recipient in accordance with the terms of ZOLL's prior written approval; (iv) it is disclosed by ZOLL without restriction on further disclosure; v) it is independently developed by any Recipient; or (vi) disclosure is required by law. C~anges. ZOLL or REGlb~KY SITE may, at any time, In writing to each other, suggest and by mutual Agreement make changes within the general scope of the work, including but not limited to (a) revising or adding to the work or deleting portions thereof, (b) revising the pedod or schedule of performance, or (c) increasing or decreasing the total cost. Upon receipt of such notice of change and their mutual agreement thereto, the parties will immediately use their best efforts to take all necessary steps to comply therewith. /Votfces. All communications, reports, and noUces mclulred or permitted hereunder will be deemed suffidently given if in writing and personally delivered or sent by registered mail, postage prepaid, return receipt requested, addressed to the parties as follows or at such other address as a party will have given notice of pursuant hereto: If to REGI~,I KY 511 t:: Delray Beach City of Delray Beach Attention: David Harden, City Manager for the City of Delray Beach 501 West Atlantic Avenue Delray Beach, FL 3311~. Telephone: 561-243-7010 Facsimiles: 561-243-7199 If to ZOLL: RE;~-rR Y ~J'TE---ZOU. B/p/~d~ R~b'b¥ C~;/fd~n~fal ,R~;e 4 of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 16. 17. 18. 19. 20. ZOLL Hedlcal Corporation Attention: Gary Freeman, VP, Clinlcal Affairs 269 Hill Rd. Chelmsford, HA 01824-~105 Telephone: (800)-348-9011 Facsimiles: (978)-~21-0007 Law~ and Regulations. This Agreement will be governed by, and construed and enforced In accordance with, the Laws of the State of Florida. ZOLL will cooperate with REGTSTEY STIE in complying with any applicable federal, state and local laws, regulations and policies governing research. IVo Wa/ve~ The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition herein will not constitute a waiver of that right, or excuse any subsequent nonperformance of any such term or condition, or of any other term or condition, by the other party. · ,Cevereb///ty: If any provision of this Agreement Is held invalid, Illegal or unenforceable, such provision shall be modified to reflect the fullest legal and enforceable expression of the intent of the parties or, if not possible, severed, and the remainder or this Agreement will not be affected thereby. ~oun~rper~. This Agreement may be executed in Lwo or more counterparts, each of which shall be binding as of the Effective Date, and all of which shall constitute one and the same Instrument. Each such copy shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. £nO~e Agreemeat. This Agreement, including all Exhibits referenced herein, will be the complete Agreement of the parties hereto and will supersede all prior agreements and understandings, oral or written, between the parties respecting the subject matter hereof. The respective parties have executed this Agreement on the dates indicated below. RE~'TRY ~ ~1~ Regf~ ConE~enl~ial Page $ of ZOLL Medical Corporation REGISTRY STrE Official ~tle Date Gary Freeman, V,P, Clinical Affairs Title Date Approved as to form and legal s~ficlency: ,~ //~ ~+,¢ity Att'orriey~/ Exhibit A: Registry Requirements RE;~'.~TRY .~JT'E.-~OI.L ~ll~a~C RegJstl~ C~nf/d~n~l 1~ ~ ~f ZOLL Medical Biphasic Registry Participation Requirements ZOLL Biphasic Registry Requirements Page 7 of 13 Table of Contents Page Participation Requirements ZOLL Medical Registry Site Patient Confidentiality Registry Incentives Value Added Data Requirements Biphasic Registry Event Form ZOL/CRD File Send/Receive Data 10 11 12 12 13 ZOLL Biphasic Registry Requirements Page 8 of 13 Participation Requirements ZOLL Medical ZOLL Medical will provide to each Biphasic REGISTRY SITE, the following equipment needed to participate in the Registry: One (1) Biphasic Registry Event Form a. Each customer will be provided an electronic event form, which will be submitted along with ZOL/CRD file for each inclusion criteria event. b. Each customer will be provided a copy of the Biphasic Registry User Guide. 2. RescueNet Code Review software version 3.10 will be installed on a Dell Inspiron laptop to view all patient data files. 3. PCMCIA 18 MB data cards will be provided to the site to record cardiac arrest data from the M Series defibrillators. A Quarterly standard report of site statistics will be sent to the REGISTRY SITE that will include a summary for all fields listed on page 13 of this attachment. ZOLL will work with the REGISTRY SITE to provide a meaningful format for the report. Customer support and training for the Biphasic Registry Event Form data entry and the submission process will be provided by ZOLL Project Team personnel during usual business hours. Customer support and training for the acquisition and submission process of CRD/ZOL data file from Biphasic M Series defibrillator will be provided by ZOLL Project Team personnel during usual business hours. Registry Site Each participating M Series Biphasic REG1STI, tY SII'E has been selected based on criteria that included number of owned ZOLL Biphasic M Series and/or AED Plus defibrillators, number of qualifying primary cardiac arrest events seen per year, staff resource available to coordinate data collection, and interest in participation. The M Series defibrillator must be running software revision 34.00 or higher. ZOLL will ensure that all M Series defibrillators not at v34.00 software will be upgraded at no cost to the REGISTRY SITE as close to the start of data collection as possible. The REGISTRY SITE will collect digitized data on the PCMCIA data cards for cardiac arrest events that include CPR performed during the course of the rescue, at lease one VF episode during the arrest, and at least one RLB shock applied to the patient. Data from the cards will be downloaded to the laptop and both the digitized waveform data and the electronic Case Report Form sent to ZOLL at least monthly. REGISTRY SITE must provide their own ISP (intemet Service Provider) in order to send data to ZOLL Medical. Data will be collected at the REGISTRY SITI~ for a minimum of two years. ZOLL Biphasic Registry Requirements Pa~e g of13 Patient Confidentia}it Data sent to ZOLL will be de-identified so that each site may be in compliance with I-I~AA regulations. ZOLL further agrees to acknowledge and accept the privacy of each patient's data that is part of the Registry and shall not disclose to a third party any confidential personal health irrformation. ~pha~c Re2~try Data Fl~w ~h~ F~e. ZOL from Customer I (Custo~Sit~) HIPAA ,,I ZOLL Biphasic Registry Requirements Page 10ol 13 City of Delray Beach Registry Incentives ZOLL will provide the following Start-up Incentives: · One laptop computer with ZOLL Data Systems software installed, Microsoft~ Windows® XP Professional Operating System, 256MB Memory, 30 GB Hard Drive · 18 PCMCIA data cards ( $ 275.00 each) Total $1500.00 4950.00 End of Year Incentives: At the end of each year of data collection, anticipated July 2005 & July 2006, events submitted will be reviewed to determine if the department has achieved its registry quota of 56 events (75% of 76 cardiac arrests/year). · Educational grants $ 2000.00 Note: A valid registry event shall be (1) a data card file that records an OHCA rescue attempt meeting requirements of CPR performed during the course of the rescue, at lease one VF episode during the arrest, and at least one RLB shock applied to the patient and (2) the submission of the registry event's associated and completed Case Report Form. The educational grant money will be paid to the City by no later than September 30, 2005 and September 30, 2006. Checks will be made out to "City of Delray Beach" Tax ID # 59-6000308 ZOLL Biphasic Regist~J Requirements Pa~e 11 ~f 1~ Data Requirements Biphasic Registry Event Form The following requirements are set for entering data into the form. Required Fields Customer Name (provided) Customer Number (provided) Case ID Run Number Bystander CPR ROSC in Field Call Received Vehicle Mobil Vehicle Stopped EMS with Patient First Defib Shock Total Number of Shocks Delivered Status at ED Admitted to Hospital Status in Hospital Discharge from Hospital Event Date (auto-populated) Date of Birth Age (auto-populated) Gender Race Location City (provided) State (USA) / Province (Canada) (provided) Zip code (USA) / Postal Code (Canada) Country (provided) Optional Fields Medication 1 Medication 2 Medication 3 Medication 4 Overall Performance Cerebral Performance Date of Death Comments ZOL/CRD File Data extracted from the M Series defibrillator meeting the inclusion criteria of the Biphasic Registry will be attached to the auto-created email corresponding to the Registry Form. Multiple forms and ZOL/CRD files may be sent at once. Send/Receive Data A participating Biphasic Registry site must provide its own connection to the internet (ISP). ZOLL recommends the use of Microsoft Oftice (Word, Excel and Outlook), which will be provided on the laptop. ZOLL recommends that the customer use Microsoft Outlook to email the ZOL/XLS files as the Biphasic Registry Event Form auto-creates emalls in outlook. This allows the customer to only have to attach the files and connect to the intemet. ZOLL Biphasic Registry Requirements Pa~ 12 of 13 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 1 ~ ]~x . REGULAR MEETING OF MAY 4. 2004 ORDINANCE NO. 21-04 (.AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE DESIGN GUIDELINES TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER PLAN) DATt~: APRIL 30, 2004 This is second reading and second public hearing for Ordinance No. 21-04 amending the Land Development Regulations to provide design guidelines to implement the Downtown Delray Beach Master Plan. At the March 19, 2002 City Commission meeting, the Downtown Delray Beach Master Plan was adopted to guide future development of the downtown business districts surrounding the Atlantic Avenue corridor, between 1-95 and A-1-A. The adopted Downtown De[ray Beach Master Plan calls for the development and implementation of design guidelines for the downtown area to ensure building forms of a character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other objectives include creating pedestrian friendly streets, promoting areas of special character, and preserving heritage in the development process. The downtown business area is divided into three districts, the West Atlantic Neighborhood, from Interstate 95 to Swinton Avenue; the Central Core District, from Swintun Avenue to the Intracoastal Waterway; and the Beach District, east of the Intracoastal Waterway to A-1-A. The proposed regulations are intended to preserve the unique characteristics of each area, ensure that new development is compatible with its surroundings and enhances the appearance of the streetscape in the community. They are also intended to mitigate the mass/scale and monolithic appearance of large buildings, and ensure that the new development incorporates architectural features that provide visual interest while allowing deffxgn flexibility. The Planning and Zoning Board held a public hearing regarding this item. There was a member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance and questioned why public parking garages did not have to comply with the same standards as private parking garages. The Board voted 5-0 to recommend approval of the proposed amendments, based upon positive findings with respect to Land Development Regulations Section 2.4.5(M) (Amendment to Land Development Regulations), with direction to make changes noted during the discussion and that the requirements for garages be revisited. Revisions have been made to the overall ordinance as well as the parking garage section to allow a waiver to the setback requirements for the portion of the structure above 25' in height, due to requirements of the particular land use or structural needs. At the first reading on April 20, 2004, the Commission passed Ordinance No. 21-04. Recommend approval of Ordinance No. 21-04 on second and final reading. S:\City Clerk\agenda memo~.O~d 214M. Design Guidelines.05.04.04 TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR O,~ANN~N~ JEFFREY A. COSTELLO, ASSISTANT(P~NI.G-DIRECTOR MEETING OF APRIL 20, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE DESIGN GUIDELINES TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER PLAN. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, to guide future development of the downtown business districts surrounding the Atlantic Avenue corridor, between 1-95 and A-1-A. The adopted Downtown Delray Beach Master Plan calls for the development and implementation of design guidelines for the downtown area to ensure building forms of a character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other objectives include creating pedestrian friendly streets, promoting areas of special character, and preserving heritage in the development process. The downtown business area is divided into three districts, the West Atlantic Neighborhood, from Interstate 95 to Swinton Avenue; the Central Core District, from Swinton Avenue to the Intracoastal Waterway; and the Beach District, east of the Intracoastal Waterway to A-1-A. The proposed regulations are intended to preserve the unique characteristics of each area, ensure that new development is compatible with its surroundings, and enhances the appearance of the streetscape in the community. They are also intended to mitigate the mass/scale and monolithic appearance of large buildings, and ensure that new development incorporates architectural features that provide visual interest while allowing design flexibility. Affected Sections of the LDRs primarily include the regulations within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the complexity of the new concepts being introduced, graphic illustrations, tables and charts are incorporated with the required text to produce a user-friendly document. A detailed analysis of the amendment is provided in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 22, 2004. There was a member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance and questioned why public parking garages did not have to comply with the same standards as private parking garages. After discussing the amendment, the Board voted 5-0 0Noehlkens and Walker absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M), with direction to make changes noted during the discussion and that the requirements for garages be revisited. Revisions have been made to the overall ordinance as well as the parking garage section to allow a waiver to the setback requirements for the portion of the structure above 25' in height, due to requirements of the particular land use or structural needs (pg. 53). By motion, approve on first reading the ordinance amending the Land Development Regulations to provide design guidelines to implement the Downtown Delray Beach Master Plan, based upon positive findings with respect to LDR Section 2.4.5(M), and set a public hearing date of May 4, 2004. Attachments: Planning and Zoning Board Staff Report of March 22, 2004 & Ordinance by Others \ ~ J~ MEETING OF: AGENDA ITEM: MARCH 22, 2004 III.A. DOWNTOWN DELRAY BEACH DESIGN GUIDELINES - LAND DEVELOPMENT REGULATIONS The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Land Development Regulations relating to the proposed Downtown Delray Beach Design Guidelines, pursuant to LDR Section 2.4.5(M)(5). At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, to guide future development of the downtown business districts surrounding the Atlantic Avenue corridor, between 1-95 and A-1-A. The adopted Downtown Delray Beach Master Plan calls for the development and implementation of design guidelines for the downtown area to ensure building forms of a character and scale that reinforce the citizens' vision of a "City of urban amenities with a small town feeling". Other objectives include creating pedestrian friendly streets, promoting areas of special character, and preserving heritage in the development process. The downtown business area is divided into three districts, the West Atlantic Neighborhood, from Interstate 95 to Swinton Avenue; the Central Core District, from Swinton Avenue to the Intracoastal Waterway; and the Beach District, east of the Intracoastal Waterway to A-1-A. The proposed regulations are intended to preserve the unique characteristics of each area, ensure that new development is compatible with its surroundings, and enhances the appearance of the streetscape in the community. They are also intended to mitigate the mass/scale and monolithic appearance of large buildings, and ensure that new development incorporates architectural features that provide visual interest while allowing design flexibility. Affected Sections of the LDRs primarily include the regulations within the GC, CBD, CBD-RC, and OSSHAD zoning districts. Due to the complexity of the new concepts being introduced, graphic illustrations, tables and charts will be incorporated with the required text to produce a user-friendly document. The proposed ordinance was developed by consultants Jaime Correa & Associates, the Design Guidelines Subcommittee, community and industry stakeholders, and staff. It is noted the City is initiating a Future Land Use Map amendment and Rezoning of the West Atlantic Neighborhood from GC to CBD zoning, to be consistent with the zoning of the balance of the downtown business district. Once this occurs the proposed regulations III.A. P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 2 relating to the West Atlantic Neighborhood, currently proposed as modifications to the GC district, will be incorporated into the CBD regulations. As the FLUM amendment and Rezoning process will take approximately 6 months, it is appropriate to proceed with the LDR amendments at this time to ensure that development is consistent with the new development standards/design guidelines in the interim. REQUIRED FINDINGS LDR Section 2.4.5{M){5} {Findin_cls): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the goals, objectives and policies of the adopted Comprehensive Plan were conducted and the following applicable policy is noted: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of De/ray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of De/ray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Based upon the above, the proposed LDR amendments will further the Goals, Objectives, and Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5). The proposed ordinance was reviewed by a variety of agencies, boards and civic associations. The following are responses to comments and suggestions made through the process. The first four items are comments made by Pineapple Grove Main Street (See attached letter) as well as some other stakeholders. 1. Allow Only an Increase in Density or He~qht within a Projects Some of the stakeholders commented that an applicant should only be able to apply for an increase in density (above 30 units per acre) or an increase in height (above 48 feet), not both within the same project. They felt that if a project maximizes both height and density, it could be detrimental to the "Village by the Sea" character. Increases in height to 60' are only allowed as a conditional use and are limited to the Commercial Core area. One of the criteria to allow an increase in height is that the increase is to accommodate residential units. The exceptions to the height limitations along with the criteria were in existence prior to the adoption of Visions 2000 P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 3 Assembly and the Comprehensive Plan in which the slogan was first used. The adopted Comprehensive Plan includes policies that specifically address the need for housing in the downtown area. This is an incentive that should be retained to promote quality downtown housing and to allow design flexibility. As the increase requires conditional use approval, there is additional scrutiny of the proposal. Also, the proposed regulations require increased setbacks for the portion of the building that exceeds 60' in height, similar to the current regulations. 2. Building Height Increase to Accommodate a Varied Roofline Some stakeholders feel that maximum building height should be based on the number of stories not overall height. They felt height should be defined in another manner such as defining the height based on maximum floor heights and number of stories, without an overall external height and conditional use approvals. Staff has concerns and is not supportive of redefining the method of calculation for the height. Currently, the height of gable, hip, or gambrel roofs are currently measured to the mean level, between the eaves and the ridge. Measuring the height with the suggested methods (internally or to the eave of a pitched roof) means increasing the current maximum 48' building height limitation. The proposed regulations require minimum floor height of 10' on the ground floor with all other floors at a minimum of 9'. Given the minimum floor separation, the building will be limited to four floors. In addition, the new regulations require increased setbacks with increases in height. This varies depending on the district and the type of street the property fronts. Also, appurtenances usually required to be placed above the roof level of the building and not intended for human occupancy are currently allowed to exceed the height limitations only when specifically approved by SPRAB (Site Plan Review and Appearance Board). Increases in height are currently allowed as a conditional use within the proposed Central core area subject to the criteria in LDR section 4.3.4(J)(4). If the method of calculating height is modified, then additional requirements would need to be implemented which relate to proportionality of the roof to the building, limitations on slope, requirements to provide additional variations in the roofs. Based upon the above, no changes are recommended. 3. Elimination of Interior Building Desiqn Requirements from the Proposed Ordinance Some stakeholders suggested that interior treatment should not be considered in the proposed ordinance since they are not visible to the public. These items are contained in the existing performance standards and pertain to residential projects seeking additional density. The intent is to provide evidence that the additional density request would not result in a substandard development. Thus, no changes are recommended. 4. Architectural Requirements should be Guidelines Not Prescribed in an Ordinance The design professionals feel the guidelines will limit the creativity of the design professionals. The intent of the guidelines is to encourage more attention to the architectural compatibility of a building with respect to its surrounding environment. P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 4 The guidelines are established to facilitate the design process and should not prevent an applicant from exceeding minimum requirements. In addition, the development community will have more predictability and consistency than imposed architectural conditions of approval or the decisions made by the approving body due to term limits of Board members. The proposed ordinance contains a range of options from which to choose and provides for measurable regulations in addressing a building's bulk, mass, and architectural composition. Unlike other architectural standards, the guidelines must accommodate the City's architectural diversity and culture. The intent of the regulations is to create visual interest and does not dictate style to the design professionals. In addition, site design elements such as pedestrian amenities and walkways are used to provide a more pedestrian friendly atmosphere. The design professionals suggested that the architectural standards be generalized or removed from the ordinance and incorporated in a supplemental illustrated "design guidelines" booklet. The scope of services for the project has already been revised to include a supplemental brochure as part of the deliverables for the project to address this concern. However, aesthetic and architectural requirements must be measurable and cannot be effectively implemented if they are too general. 5. Additional/Lar. qer Landscape Areas are needed to Accommodate Canopy Trees. Additional setbacks and reduction in the maximum building frontage were requested in order to provide adequate planting area to ensure a shaded pedestrian path. The current Land Development Regulations allows setbacks ranging from 0' to 10', with a zero setback currently allowed in the Central Core along Atlantic Avenue. The proposed regulations are similar in that there will be a zero setback for arcaded buildings only and a minimum 5' setback feet in the Central Core to maintain a continuous pedestrian path and/or provide for more planting area for the street trees. Staff feels that the additional five (5) feet plus the ten (10) feet currently available within the right of way is reasonable and adequate for landscaping within the urban environment. However, a performance standard is being added to LDR Sections 4.4.9(G) and 4.4.13(I) (performance standards to increase density above the maximum permitted). This performance standard will require that: '9'he landscape plan for the development presen/es and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction." P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 5 6. Allow recesses and proiections along the building frontage without a variance. This has been addressed. The applicable setbacks have been changed to require a five (5) foot minimum up to a ten (10) foot maximum setback, except for the setbacks for buildings with an arcade. 7. Clear and precise definitions. This has been addressed. Definitions have been added or modified for clarification. In addition more detailed graphics will be added and keyed to supplement the proposed text by First Reading of the ordinance. 8. Overhead power lines should be placed underqround and landscape nodes should be put in the riqht-of-ways. The Land Development Regulations currently require new developments to locate their utilities underground. Landscape nodes are currently located within the right-of-ways and new developments are required to install streetscape improvements as part of their development proposal. g. Clarify break down of pementage of building frontaqe is based on lot dimensions and not building dimensions. Also how are sites with multiple buildings treated with respect to the building frontage requirements? This has been addressed. The current draft defines building frontage based on lot dimensions and provisions for site for multiple buildings have been added. Additional graphics will also assist in illustrating this concept. Desi.qn Guidelines Subcommittee: At its meeting of January 29, 2004, the Design Guidelines Subcommittee reviewed the proposed regulations and recommended approval. The stakeholders at the meeting had the comments, which were discussed above. Joint workshops have been conducted with the following reviewing boards, agencies and organizations: Community Redevelopment Agency (CRA) Downtown Development Authority (DDA) Historic Preservation Board (HPB) West At/antic Avenue Redevelopment Coalition (WARC) Site Plan Review and Appearance Board (SPRAB) Planning and Zoning Board P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 6 Community Redevelopment Agency (CRA), Downtown Development Authority (DDA) & West Atlantic Redevelopment Coalition (WARC) Joint Workshop: On February 12, 2004, these Boards reviewed the LDR amendments and questioned the effect the guidelines would have on the Federal Highway pairs project and potential elimination of one lane. The proposed ordinance will not affect the project since the right-of-way width will remain the same. If a lane is to be eliminated, the land area would be allocated for additional landscaping and/or pedestrian walkways. Planning and Zonin.q Board, Historic Preservation Board & Site Plan Review and Appearance Board Joint Workshop. On March 1,2004, these Boards discussed the proposed LDR amendment at which time a presentation was made by the Consultant and Staff. The following comments were made: Issues 1 through 4 above (see also attached letter from David A. Beale of PGMS, Inc.). 2. Include additional landscape area as part of the performance standards? As discussed above, this item has been addressed by adding a performance standard to increase density in LDR Sections 4.4.9, General Commemial District (GC), and 4.4.13, Central Business District (CBD), have been modified to include the provisions for the alternative landscape betterment plan. Consider a six (6) foot incremental setback or smaller distance than the proposed twelve (12) feet for balconies/loggias/arcades/porches. The twelve (12) foot increments have been proposed to require a meaningful recess above the third floor in most cases, not just for additional balcony and loggia widths. This tiered effect is done to address the stakeholders' concerns regarding the "canyon effect." Allow more than a four (4) foot encroachment for the roof eave of the balcony to cover the balcony. The encroachment is already a foot more than what is currently permitted. Staff has considered this and recommends no further encroachment. If an applicant wants to cover the balcony entirely by a roof, the balcony will need to be set back accordingly by four (4) to six (6) inches so the roof eave will not exceed the four (4) foot maximum encroachment allowed. Pineapple Grove Main Street (PGMS) On March 8, 2004, the PGMS Board discussed the proposed LDR amendment after a presentation by staff. The Board recommended approval subject to addressing all the items contained in the attached letter from David A. Beale of PGMS, Inc. P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 7 West Atlantic Redevelopment Coalition (WARC) At the March 10, 2004 WARC meeting, the Board recommended approval of the LDR amendments subject to addressing the following items: Requiring Crime Prevention Through Environmental Design (CPTED) review for all new projects as part of the development review process. It was suggested that this should be streamlined into the system via the Technical Advisory Committee (TAC). (The Police Department already has qualified personnel, which assists in the review.) Changes to height definition or the maximum height of 48' should not be permitted. It was the consensus that new development should comply with the existing height limitations and allowable encroachments. Site Plan Review and Appearance Board (SPRAB) At its meeting of March 10, 2004, the SPRAB recommended approval of the proposed LDR amendments subject to the following conditions: That a performance standard is added, which required additional landscape areas, material and open space/plazas be added for all conditional use requests which seek additional height (above 48') or additional density above 30 units per acre. = The maximum parapet height of six (6) feet be amended to allow complete screening of mechanical equipment only. (page 33, line 39) The 75% transparency requirement be deleted from Section 4.4.18.(B)(14)(a)(iv), Windows and Doors (page 37, line 6). Items #1 (increase in building height or increase in density) and 2 (increase in building height or new definition to accommodate a more varied roof design) contained in the attached letter from David A. Beale of PGMS, Inc. be included in the amendments. Community Redevelopment Agency (CRA) There were no comments from the CRA Board at their March 11,2004 meeting. Downtown Development Authority (DDA) On March 17, 2004, the DDA Board recommended approval of the proposed LDR amendments subject to consideration of the following: The proposed ten (10) foot side setback for interior lots be increased to provide for adequate width for access by service and/or emergency vehicles. The Board recommended a fifteen (15) foot minimum setback. P&Z Board Memorandum Staff Report Downtown Delray Beach Design Guidelines - LDR Text Amendment Page 8 No minimum or maximum floor to ceiling heights be required, only the overall exterior building height be used to evaluate building height. The interior dwelling unit features shall not be used as a performance standard to obtain additional density above the 30 units per acre. Additional height allowances be incorporated and/or the building height definition be amended to accommodate a visually interesting roofline (see Item #1 of attached letter from David A. Beale of PGMS, Inc.. Provide exemptions or ways of addressing uses, such as parking garages, which cannot meet the incremental setbacks. Historic Preservation Board (HPB): At its meeting of March 17, 2004, the Historic Preservation Board recommended approval of the proposed LDR amendments, subject to the following: The interior dwelling unit features shall not be considered as a performance standard in a conditional use application seeking a density above 30 units per acre. The Board would rather see more site design or exterior requirements incorporated such as additional landscaping, green space, complementary site lighting consistent with overall architectural treatment of the project (i.e. standard FPL poles with cobra light fixtures with Mediterranean architecture, etc.), and decorative pavers or walkways. Minimum 75% transparency requirement in Section 4.4.18(B)(14)(a)(iv) (Page 37) be reduced to fifty (50) percent. No changes to the definition or building height requirements to suppor~ a more visually interesting roofline. Only allow an increase in density above 30 units per acre OR an increase in height above the 48', subject to a conditional use approval, NOT both. By motion, recommended to the City Commission approval of the amendment to the Land Development Regulations as it relates to the proposed Downtown Delray Beach Design Guidelines, based upon positive findings with respect to LDR Section 2.4.5(M), Future Land Use Element Policy C-4.2 and the adopted Downtown Delray Beach Master Plan. Attachments: Pineapple Grove Main Street Letter Proposed Ordinance ORDINANCE NO. 21-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS; SUBSECTION 2.4.3(G), "ARCHITECTURAL ELEVATIONS"; SUBSECTION 4.3.3(O), "TOWNHOUSES AND TOWNHOUSE TYPE OF DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS"; SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS"; SUB-SUBSECTION 4.4.9(G)(1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.13(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SUBSECTION 4.4.13(I), "PERFORMANCE STANDARDS"; SUBSECTION 4.4.24(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.6.4(A), "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING"; SUBSECTION 4.6.18, "ARCHITECTURAL ELEVATIONS AND AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER PLAN; TO MITIGATE MASS/SCALE AND UNIFORM MONOLITHIC APPEARANCE OF LARGE BUILDINGS; AND TO PROVIDE THAT THE ARCHITECTURAL COMPOSITION OF NEW DEVELOPMENTS INCORPORATE ARCHITECTURAL FEATURES THAT PROVIDE VISUAL INTEREST, WHILE ALLOWING DESIGN FLEXIBILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 22, 2004, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and 1 ORD. NO. 21-04 WHEREAS, current information and increased population require re-evaluation and adoption of updated development standards; and WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various provisions and propose amendments to resolve new or outstanding issues and comply with the Comprehensive Plan, State Statutes, and Federal Law; and WHEREAS, the adopted Downtown Delray Beach Master Plan mandated that design guidelines for the downtown area be created to establish land development regulations to ensure building forms of a character and scale that reinfome the Citizens' vision of a "City of urban amenities with a small town feeling," create pedestrian friendly streets, promote areas of special character, and preserve heritage in the development process; and WHEREAS, the City Commission has determined the proposed amendments will ensure that new development be compatible with the surrounding area and enhance the appearance of the streetscape in the community; and WHEREAS, the City Commission has determined that the proposed amendments will mitigate the mass/scale and uniform monolithic appearance of large buildings and ensure that the architectural composition of new development incorporate architectural features that will provide visual interest, while allowing design flexibility. WHEREAS, the City Commission determines the proposed amendments will improve the procedures and standards of the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: SECTION 1. That Section 1.4.1, "Interpretations of Land Development Regulations," Subsection 1.4.1(E), "Graphics," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Graphics: All ,qraphics and drawinqs are supplemental to the text and in the event of a conflict the text shall .qovern. SECTION 2. That Section 2.4, "General Procedures," Subsection 2.4.3(G), "Architectural Elevations," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Architectural Elevations: The submission for architectural review by the Site Plan Review and Appearance Board or Historic Preservation Board, as appropriate, shall consist of the following: 2 ORD. NO. 21-04 (2) (3) (4) (S) (6) A sketch plan showing existing conditions if the amhitectural review is not associated with an application which requires site plan or preliminary plat review, otherwise, the site plan or plat shall accompany the submission. All drawings shall be drawn to scale (architectural scale is permitted) and dimensioned. A drawing showing four elevations (east, west, north, south) of proposed structures or of the elevation which is being modified when an existing structure is involved. The drawing shall show all the architectural features of the structure and the manner in which air conditioning and similar items are to be treated. Exterior colors and the type of exterior surfaces, including roofs, shall be described. A roof plan which shows the location of equipment and features located thereon. Color samples. Additional detailed drawin.qs and/or supportive documents necessary to meet the requirements or demonstrate compliance with applicable sections of this Code. SECTION 3. That Section 4.3.3 "Special Requirements for Specific Uses," Subsection 4.3.3(0), "Townhouses and Townhouse Type of Development," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (O) Townhouses and Townhouse Type of Development: (1) Application: These special requirements apply to townhome or townhouse development and to apartment complexes which are designed in the style of a townhome, except projects located within the Central Business District, General Commercial - West Atlantic Oveday District, and Central Business District - Railroad Corridor, which shall comply with the applicable district reRulations. SECTION 4. That Section 4.3.4, "Base District Development Standards," Subsection 4.3.4 (J) "Height,", Sub-subsection 4.3.4(J)(4), "Increases to Height Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Increases to Height ReRulations: 3 ORD. NO. 21-04 (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-l) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Medium Density Residential (RM) Planned Residential Development (PRD) Residential Off'me (RO) Neighborhood Commercial (NC) Professional and Office District (POD) Conservation District (CD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village"; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of t-95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, $.W. 10th Street, and 1-95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 1st 2r~ Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of-way, extending from 1-95 to Dixie Highway. 4 ORD. NO. 21-04 (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "1" - all property within the CBD (Central Business District) except for property lying east of the Intracoastal Waterway. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development dghts pursuant to Section 4.6.20. (iii) That the increase in height is based on or will result in one, or more, of the following: (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; or (2) That 7-6 5_..~0% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the buildin,q that extends above 48 feet. In lieu of this setback requirement, buildin.qs in the CBD zone shall adhere to the setback requirements of that district. SECTION 5. That Section 4.3.4, "Base District Development Standards," Subsection 4.3.4 (K), "Development Standards Matrix," of the Land Development Regulations of the Code of Ordinances of the City of Deiray Beach, Florida, be, and the same is hereby amended to read as follows: 5 ORD. NO. 21-04 Section 4.3.4 Base District Development Standards: (K) Development Standards Matrix: The following matrices set forth the minimum and maximum development standards for each zoning district subject to descriptions, interpretations, and exceptions as provided for elsewhere in Section 4.3.4. (This space intentionally left blank) 6 ORD. NO. 21-04 ill SECTION 6. That Section 4.4.9, "General Commercial (GC) District," Subsection 4.4.9(F), "Development Standards," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 7 ORD. NO. 21-04 (F) Development Standards: In The development standards set forth in Section 4.3.4 shall apply except as modified below: (1) If there is no vehicular access available to the rear of any structure, a side setback of ten feet (10') shall be provided. For a side interior lot, a ten foot (10') setback is required only on one (1) side. (2)West Atlantic Avenue Overlay District Development Standards: The following development standards apply to all properties zoned General Commercial (GO) within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B). This sub area, known as the West Atlantic Nei.qhborhood (WAN) provides for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existin.q nei.qhborhoods, while promotinq a pedestrian friendly commercial area alon.q Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward servinq the local nei.qhborhood, as opposed to a re.qional area, are encoura.qed. All parcels within the boundaries of the WAN are shown in Fi.qure 4.4.9-1. (This space intentionally left blank) 8 ORD. NO. 21-04 WEST ATLANTIC NEIGHBORHOOD GC (GENERAL COMMERCIAL) ZONED AREA Figure 4.4.9-1 - West Atlantic Nelahborhood (a) Height: Parcels that have frontage along Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue shall have a front setback of five feet (5') from the ultimate right-of-way line. The front setback area shall be paved with paver 9 ORD. NO. 21-04 blocks to match the existing sidewalks within the Atlantic Avenue right-of- way. Overall Height of buildinqs shall be a minimum of twenty-five feet (25') and a maximum of forty-ei.qht feet (48') in hei,qht. Exceptions to the heiqht limitations shall comply with Section 4.3.4(J)(3) and (4). Arcade HeiRht shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceilin.q. Floor Height shall be a minimum of ten feet (10') for .qround floors and a minimum of nine feet (9') for all other floors. All heiqhts shall be measured from finished floor to finished ceilin.q. Auxiliary and service rooms, such as, .qaraRes, restrooms, closets, laundry rooms, dressin.q rooms, stora.qe rooms, mechanical, electrical, and plumbin.q equipment rooms are exempted from the floor hei.qht re.qulations. Figure 4.4.9-2 - Buildina Helc~ht Reauirements (b) The minimum open space requirement is ten percent (10%) of the site area. All landscape requirements for parking lots and buffering of residential properties, pursuant to Section 4.6.,~_ and 4.6.16, shall apply. Building Frontage and Front Setbacks: The buildinq fronta,qe for an interior lot is the portion of the lot abuttinq the primary street minus the required side setbacks. 10 ORD. NO. 21-04 The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the required side setbacks. The bud ng fronta.qe for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the required front and rear setbacks. Figure 4.4.9-3 - Buildina Frontaae (iv) (vi) (vii) Building frontaqe is expressed in percentaqes and may vary from floor to floor. Front setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. Building frontaqe and setbacks for properties fronting on Atlantic Avenue shall comply with Table 4.4.9-1. · . The front setback area for buildings front n.q on Atlantic Avenue shall be paved with paving materials to match the ex stin.q sidewalks within the Atlantic Avenue riqht-of-way. (viii) For corner lots with Atlantic Avenue side street frontage, the first (ix) sixty feet (60') of the building, taken from the Atlantic Avenue property line, or if a dedication is required, from the resulting property line after dedication, shall comply with Table 4.4.9-1. Building fronta.qe and setbacks for propert es front n.q on streets other than Atlantic Avenue shall comply with Table 4.4.9-2. 11 ORD. NO. 21-04 Roadway 70%/00% 0_' 70%/90% 5' rain/ West Finished lO'max Atlantic (~rade to 37' Remainin.q 24' min Remaining 17' mini Avenue len,clth lenqth 22' max 50% max 12__~' 50% max 17' rain 37' to 48' Remainina 24' min Remainina 29' min lenRth len,qth Roadwaysi ~! ~ 70%/90% 5'min/ Finished Rrade to 25' 10' max Remainin~ lenqth 17' mi~ 22' max Other Right- 50% max 17' min of-ways 25' to 37' Remainine lenQ~ 29' min 50% max 17' min 37' to 48' Rpmainino lenQ~ 29' rain 12 ORD. NO. 21-04 70%190% 5'min/ Finished Rrade to 25' 10'max NW and SW Remainina lenath 17'mini ~ 22'max 70% max 17'min 25' to 37' Remainin~l len.qth 29' min 50% max 29' min 37' to 48' Remainin.q lenqth 41' min Notes to Tables 4.4.9-1 and 4.4.9-2: Lots of record with a width less than fifty feet (50') shall be exempted from the buildin~ fronta.qe requirements provided a minimum five (5) to maximum ten foot (10') setback be provided for the portion of the buildin.q from finished qrade to twenty-five feet (25') in heiqht and a minimum seventeen foot (17') setback is provided above a hei,qht of twenty- five feet {25'). The applicable development reRulations for arcades. Arcades shall have a minimum width of twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two feet {2'). Buildin,q frontaf:le requirements for parkinR .qaraRes may be increased to a maximum of 100% for all floors by the Site Plan Review and Appearance Board or the Historic Preservation Board subiect to compliance with Section 4.6.18(B)(14)(vi)4), Parking3 GaraRes. (4) The buildinq setback for portions of parkinR RaraRes above twenty-five feet (25') may be waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6.18(B)(14)(vi)4), Parkin~ Garacles. and a minimum five (5) to maximum ten foot (10') setback for the portion of the buildinq from finished orade to twenty-five feet (25') in hei(3ht. For sites with multiple buildincls, the buildinR immediateIv abuttin(3 the roadway(s) shall comply with the buildin;I fronta.qe and setbacks in Table 4.4.9-1 and 4.4.9-2. ~ BuildinR floors shall be setback in increments of twelve feet (12') to create a vertical stepped back appearance. (7) Buildinq and site desi,qn shall incorporate Crime Prevention Throuqh Environmental Desi.qn (CPTED) standards to the Rreatest extent possible. (This space intentionally left blank) 13 ORD. NO. 21-04 Figure 4.4.9-4 - Building Frontages and Setbacks for West Atlantic Avenue Figure 4.4.9-5 - Building Frontages and Setbacks for NWISW 5t~ Avenues 14 ORD. NO. 21-04 Fi;lure 4.4.9-6 - Bulldln;I Fronta;les and Setbacks for Other Roadways Side Street Buildin;I Frontage and Setbacks 15 ORD. NO. 21-04 Side street setbacks shall be taken from the property line, or if a dedication is required, from the resultin.q property line after dedication. Side street build nq frontaqe and setbacks shall comply with the applicable roadway requirements in Tables 4.4.9-1 and 4.4.9-2. For corner lots fronting on Atlantic Avenue, NW 5th Avenue, or SW 5t~ Avenue, the same development standards that apply on Atlantic Avenue, NW,5~ Avenue, or SW 5t~ Avenue shall ap_p~y to the first sixty feet (60), taken from the Atlantic Avenue, NW 5 Avenue, or SW 5t~ Avenue property line, or if a dedication is required, from the resultinq property line after dedication. SAME DEVELOPMENT STANDARDS SHALL APPLY TO THE FIRST 60 FT. PRIMARY R.O.W. Fiaure 4.4.9-7 - Corner lots with Atlantic Avenue or NWISW 5a Avenue Fronta~le Rear Setbacks for all buildin.q floors shall be a minimum of ten feet (10') from the property line. Structures Allowed Within Setback Balconies may encroach a maximum of four feet (4') into the setbacks. Loggias and Trellises above the qround floor may encroach into the setbacks provided they do not exceed the required setback of the portion of the floor directly below it. (iii) Roof Eaves may encroach into the setback a maximum of four feet (4'). 16 ORD. NO. 21-04 ROOF EAVES MAX. 4 FT. OPEN TRELUSES AND LOGGIAS 12 FT. MAX. I~,LCONIES 4 FT. MAX. Figure 4.4.9-8 - Encroachments SECTION 7. That Section 4.4.9, "General Commemial (GC) District," Subsection 4.4.9(G), "Supplemental District Regulations," Sub-subsection 4.4.9(G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (a) The following principal and conditional uses are prohibited in the overlay district: *.~ Retail or Wholesale Firearm or Ammunition Sales; *(ii) Retail or Wholesale Automotive Parts Sales; *(iii) Lawn Care Equipment Sales; *(iv) Contractor's Offices; *~v) Abused Spouse Residences; *(vi) Shooting Ranges; *(vii) Adult Entertainment Establishments; *(viii)Service Stations. 17 ORD. NO. 21-04 Lb_) (c) (d) (e) (f) (g) (h) (i) (J) All permitted uses with drive-through facilities shall require conditional use approval. All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or S.W. 5th Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non-residential uses must be physically separated and have separate accessways. Commercial structures ara limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the paroel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and motels. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. If it is impossible or inappropriate to provide required parking on site or off-site, the in-dieu fee option provided in Section 4.6.9(E)(3) may be applied. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional 18 ORD. NO. 21-04 use. Density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The following performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. F-e~-exam~ ................. ~ ........................... ~.~....~ ........... uppor ~ Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Thc ~3;3~,0 ~'' '~""~""~"~ ;" 3 ....... ;,~.~ ..... h .... + ........ '~ '~"~*° Development of portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of 19 ORD. NO. 21-04 (4) the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project desiqn shall create an overall unified amhitectural character and ima,qe by the use of common elements between the buildin.q(s), parkin.q lot, and landscapinR. Examples of some features that could be incorporated to meet this standard are: freestandinR li,qht poles and exterior liqht fixtures that are decorative and consistent with the amhitectural treatment of the (5) (6) building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the buildino(s): focal points such as public art, water feature/fountain, courtyard or public plazas desiqned to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic Avenue. 20 ORD. NO. 21-04 (7) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (8) ,. v/ .... '.r...v.~.... For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW 5th Avenue, at least fifty percent (50%) of the surface area of the front street wail(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The landscape plan for the development preserves and incorporates existin.q native ve.qetation (where available), provides new landscapin.q that is in excess of minimum standards in hei.qht and quantity), demonstrates innovative use of plant material, improves site desi.qn, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the qround floor. SECTION 8. That Section 4.4.13, "Central Business (CBD) District," Subsection 4.4.13(A), "Purpose and Intent," of the Land Development Regulations of the Code of Ordinances of the City of Deiray Beach, Florida, be, and the same is hereby amended to read as follows: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. The areas described below and shown in Fi.qures 4.4.13-1 and 4.4.13-2 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. Central Core: The raRulations are intended to result in development that preserves the downtown's historic moderate scale, while promotinq a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Residential development is permitted at hiqher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented qrowth that will support downtown businesses. 21 ORD. NO. 21-04 (This space intentionally left blank) /// N ~ OENT~L GORE Figure 4.4.13-1 - Central Core 22 ORD. NO. 21-04 Beach Area: The qoal for this area is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existinq buildin.qs in a manner that places storefronts close to the street and parkin.q in the rear. Where existing buildinqs are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new buildin.q square footage to bring the storefronts closer to the street is encoura.qed. BEACH AREA Fiaure 4.4.13-2 - Beach Area 23 ORD. NO. 21-04 SECTION 9. That Section 4.4.13, "Central Business (CBD) District," Subsection 4.4.13(F), "Development Standards," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below, in case of conflict with other applicable development requ at ons, this Section shall apply: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). (a) Overall HeiRht of buildings shall be a minimum of twenty-five feet (25') and a maximum of forty-eight feet (48') in hei.qht. Exceptions to the heiqht limitations shall comply with Section 4.3.4(J)(3) and (4). (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceilinq. Floor Height shall be a minimum of ten feet (10') for qround floors and a minimum heiqht of nine feet (9') for all other floors. All hei.qhts shall be measured from finished floor to finished ceilinq. Auxiliary and service rooms, such as, .qara.qes, restrooms, closets, laundry rooms, dressin.q rooms, storage rooms, mechanical, electrical, and plumbin.q equipment rooms are exempted from the floor height re.qulations. FIRure 4,4.13-3 - Building Height Requirements (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within those sections of the CBD zoning district located within the 24 ORD. NO. 21-04 Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. Building Frontage and Front Setbacks: (a) The buildinq frontage for an interior lot is the portion of the lot abutting the primary street minus the required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the required side setbacks. The building frontaqe for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the required front and rear setbacks. 00000 Figure 4.4,13-4 - Building Frontage Building frontage is expressed in percentages and may vary from floor to floor. Front and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. Building frontage and setbacks for properties frontinq on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. The front setback area for buildings fronting on Atlantic Avenue shall be paved with paving materials to match the existing sidewalks within the Atlantic Avenue right-of-way. 25 ORD. NO. 21-04 (h) For corner lots with Atlantic Avenue side street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue property line, or if a dedication is required, from the resultinq property line after dedication shall comply with Table 4.4.13-1. Building frontage and setbacks for properties frontinq on streets other than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2. Beach Area Central Core Finished f~rade to 37' ;}7' to 48' Finished arade to 25' 25' to 37' 37' to 48' 48' and above 70%/90% Remaining lenF]th 50% max Remainin.q lenRth 0_' 24' min 12._~' 24' min N/A 70%/90% Remaining len,~th 50% max Remainina length 70%/90% Remainincl lenRth 70% max Remaininq length 50% max Remaininq lenqth 100% max 5' min/ 10'max 17' min/ 22' max 17' rain 29' min 5' min or 10' max 17' min or 22' max 17' min 29' min 29' min 41' min 41' min Other RiRht- of.ways{4) Finished qrade to 25' 2~' to 37 70%/90% Remainin,q len,qth 50% max Remaininq lenqth 17' min 29' min 26 ORD. NO. 21-04 50% max 17' min 37' to 48' Remaining lenqth 29' min 48' and above 100% 41' min 70%/90% 5' min/ Finished grade to 25' 10' max Pineapple Remaining lenRth 17' min/ Grove Way 22' max 70% max 17' min 25' to 37' Rernaininq len.qth 29' min 50% max 29' min 37' to 48' Remaining length 41' rain 48' and above 100% 41' min 70%/80% m 15' min(~ Finished qrade to 25' 70%/90% (4) 10' minr~ Remaining length 27' min(3) 22' minr~ NE and SE 70% max (3)(4) 15' min(3) ~1~ and NE 2~' to 37' 10' minr~ and SE 6t~ Remaininq length 27' rain Avenues'~(4) 50% max 34' min 37' and above Rernaininq len.qth 39' min Notes to Tables 4.4.13-1 and 4.4.13-2: (1) Lots of record with a width less than fifty feet (50') shall be exemDted from the buildin~ frontaoe requirements provided a minimum five (5) to maximum ten foot {10') setback be provided for the portion of the buildin,q from finished qrade to twenty-five feet {25') in hei.qht and a minimum seventeen foot {17') setback is provided above a heiqht of twenty- five feet (25'). {2) The applicable development requlations for arcades. Arcades shall have a minimum width of twelve feet (12'). inclusive of columns or pilasters up to a maximum width of two feet (2'). Residential occupancy on the oround floor and primarv entrances shall be oriented towards NE and SE 5~n or NE and SE 6tn Avenues. Mixed-use/Non-residential occupancy on the ~round floor. The same development standards that aoplv to the front DroDertv line shall apply to the first sixty feet (603 of the buildin.q facin.q the side street property line. {6) Buildina frontaQe reouirements for parkine QaraQes may be increased to a maximum 100% for all floors by the Site Plan Review and Appearance Board or the Histqric Preservation Board subiect to compliance with Section 4.6.18(B)(14){vi)4). Parkin~ Gareoes. The buildino setback reeuirements for portions of parkin.q f:laraf:les above twenty-five feet (25') mav be waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4,6.18{B)(14)(vi)4~. Parkino Garaoes. and a minimum five (5~ to maximum ten foot (103 setback for the portion of the buildin~ from finished (~rade to twenty-five feet (25') in height. 27 ORD. NO. 21-04 For sites with multiole buildinos, the buildina immediately abuttina the roadwavCs) sbA!! comolv with the buildina frontaae and setbacks in Table 4.4.13-1 and 4.4.13-2. Buildina floors shall be setback in increments of twelve feet {12') to create a vertical stePPed back aDoearance. (10) Buildina and site desian shall incorporate Crime Prevention Throuqh Environmental Desion ~CPTED) standards to the qreatest extent possible. (This space intentionally left blank) 28 ORD. NO. 21-04 FI;3ure 4.4.13-5 - Buildina Frontaaes and Setbacks for Atlantic Avenue or A-1-A in Beach Area 29 ORD. NO. 21-04 Fl~lure 4.4.13-6 - Building Frontaaes and Setbacks for Atlantic Avenue in Central Core Area 30 ORD. NO. 21-04 f Fiaure 4.4.13-7 - Buildina Frontaoes and Setbacks for Pineapple Grove Way 31 ORD. NO. 21-04 Figure 4.4.13-8 - Building Frontages and Setbacks for NE/SE 5~ and 6th Avenues 32 ORD. NO. 21-04 Figure 4.4.13-9 - Building Frontages and Setbacks for Other Roadways 33 ORD. NO. 21-04 (4) Side interior setbacks for all buildinqs shall be as follows: Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10') setback is required only on one (1) side. (5) Side Street BuildinR Frontage and Setbacks (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resultinq property line after dedication. (b) Side street buildinq fronta.qe and setbacks shall comply with the applicable roadway requirements in Tables 4.4.13-1 and 4.4.13-2. For corner lots frontinq on Atlantic Avenue, Pineapple Grove Way, NE and SE 5~n Avenues, or NE and SE 6"~ Avenues the same development standards that apply on Atlantic Avenue, Pineapple Grove Way, NE and SE 5~n Avenue, and NE and SE 6~n Avenue shall apply to the first sixty (60) feet, taken from the Atlantic Avenue, Pineapple Grove Way, NE and SE 5tn Avenue, or NE and SE 6tn Avenue property line, or if a dedication is required, from the resultin.q property line after dedication. SAME DEVELOPMENT STANDARDS SHALL APPLY TO THE FIRST 60 FT. PRIMARY R.O.W. Figure 4.4.13-10 - Corner lots with Atlantic Avenue~ Pineapple Grove Way~ NE/SE 5th Avenue or NE/SE 6t' Avenue Frontage (6) Rear setback for all buildin.q floors shall be a minimum of ten feet (10') from the property line. 34 ORD. NO. 21-04 (7) Structures Allowed Within Setback (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the Rround floor are allowed to encroach into the setbacks provided they do not exceed the required buildin.q setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). ROOF EAVES M/~(. 4 FT, OPEN TRELMSES AND LOGGIAS 12 FT. MAX. BALCONIES 4 FT. MAX. PROPERTY LiNE Figure 4.4.13-11 - Encroachments SECTION 10. That Section 4.4.13, "Central Business (CBD) District," Subsection 4.4.13(G), "Supplemental District Regulations," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and 35 ORD. NO. 21-04 (b) (c) (d) (e) S.E. 1st Street on the south, the parking requirements for all non- residential uses, except restaurants, shall be one space for each 300 square feet or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. 36 ORD. NO. 21-04 SECTION 11. That Section 4.4.13, "Central Business (CBD) District," Subsection 4.4.13(I), "Performance Standards," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (T) Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan and Land Development Regulations· Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. (2) The applicable performance standards for development under this section are as follows: (aJ The development offers variation in design to add interest to the elevations and relief from the building mass.,:.~, ....... .~.......,....,~" +~'"., ,v __,,_,, ~'' '"'~"",~ S ........ C:~ ................................................. ~....., ...... +~...,. ~. .... +...,......+......~.... h,~,-~. ,-~: +~- ........ +"'~° (th!rd · tc cf Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and_architectural style Thc gcrcgc · +~...+ ..~. .......... u,.,~ 37 ORD. NO. 21-04 (c) (d) c×!tc. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units, there is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The proiect desi.qn shall create an overall unified architectural character and ima.qe by the use of common elements between the buildin.q(s), parkinq lot, and landscapin.q. Examples of some features that could be incorporated to meet this standard are: FreestandinR liRht poles and exterior liRht fixtures that are decorative and consistent with the (e) (f) architectural treatment of the buildin.q(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the buildin.q(s); focal points such as public art, water feature/fountain, courtyard or public plazas desi.qned to connect different uses alon.q a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting 38 ORD. NO. 21-04 public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of.existing paver block system, installation of approved street lighting, etc.). (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. Th= .-.c~rccidc~t~31 least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows_and to entrances to commercial uses from outside the building. The landscape plan for the development preserves and incorporates existinR native ve.qetation (where available), provides new landscapin.q that is in excess of minimum standards (in heiqht and quantity), demonstrates innovative use of plant material, improves site desiqn, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the proiect may exceed the maximum setback area on the .qround floor. (3) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (i.e., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). SECTION 12. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD) District," Subsection 4.4.24(A), "Purpose and Intent," of the Land Development Regulations of the Code of Ordinances of the City of Deiray Beach, Florida, be, and the same is hereby amended to read as follows: (A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: -'1~ Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 39 ORD. NO. 21-04 *(2) Stimulate greater awareness and pdde in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; *(3) Improve the environmental quality and overall livability of this Historic Distdct and stabilize and improve property value therein, and; *(4) Allow uses which promote preservation and adaptive reuse of all structures within the District. SECTION 13. That Section 4.4.24, "Old School Square Historic Arts (OSSHAD) District," Subsection 4.4.24(F), "Development Standards," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: (1) The following locations shall be subject to the development standards of the CBD Zone District: (c~) (a) Lots 1- 7 and 19-24, Block 69 (-d) (b) Lots 7- 8, Block 75 (-e-)(c) Lots 1- 6, Block 76 (2) The followin.q locations shall be subiect to the development standards of the GC Zone District: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block61 (-2--)(3)Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. SECTION 14. That Section 4.4.28, "Central Business District - Railroad Corridor (CBD- RC) District," Subsection 4.4.28(F), "Development Standards," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards set forth in Section 4.3.4, and the development standards of Section 4.4.13(F) shall apply, except as modified below: 40 ORD. NO. 21-04 (1) Open Space. A minimum of ten percent (10%) non-vehicular open space shall be provided. SECTION 15. That Section 4.6.4 "Special District Boundary Treatment," Subsection 4.6.4(A), "Commercial Zoning adjacent to Residential Zoning," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.6.4 Special District Boundary Treatment: The following special district boundary treatments are to be minimums. If other treatments are required, the requirements which provide for the greatest separation and most buffering shall apply. (A) Commercial Zoning Adjacent to Residential Zoning or Zonin.q Districts with a Thirty-five (35) Foot Height Limitation: (1~ Properties subiect to the development standards of the Central Business District (CBD) or General Commercial (GC) District within the West Atlantic Nei.qhborhood (WAN) shall comply with the following: (a) Where the rear or side of a property directly abuts a zonin.q district with a hei.qht limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space, the followin.q shall apply: (i) For buildings or portion of the buildin.qs thirty-seven feet (37') or less in hei.qht, a ten foot (10') minimum buildin.q setback from the property line shall be provided. For buildin.qs above thirty-seven feet (37') in heiqht, a twenty-two foot (22') minimum buildin.q setback from the property line shall be provided for the portion of the buildin.q that is over thirty-seven feet (37') in hei.qht. (iii) A solid finished masonry wall six feet in hei.qht, or a continuous hed.qe at least 4-1/2 feet in hei.qht at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. If a wall is used, it shall have only those openin.qs as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located throu.qh the wall or hed.qe. All other commercially zoned properties shall comply with the following: ,/~. ~,,/a) Where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public 41 ORD. NO. 21-04 (2)(b) open space, the commemially zoned property shall provide a ten-foot building setback from the property line located adjacent to the residentially zoned property. In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commemially zoned property which directly abuts the residentially zoned property. If a wall is used, it shall have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge. · . Where the rear or side of commercially zoned property does not directly abut residentially zoned property but is separated from it by an alley, the commercially zoned property shall provide a ten-foot building setback from the property line located adjacent to the separator. SECTION 16. That Section 4.6.18, "Architectural Elevations and Aesthetics," of the Land Development Regulations of the Code of Ordinances of the City of Delrey Beach, Florida, be, and the same is hereby amended to read as follows: (A) Minimum Requirements: (1) The requirements contained in this Section are minimum aesthetic standards for all site development, buildings, structures, or alterations except for single family development. (2) It is required that ail site development, structures, buildings, or alterations to same, show proper design concepts, express honest design construction, and be appropriate to surroundings. (B) Building and Structure Requirements: (1) Buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. (2) Buildings or structures located along stdps of land or on single sites, and not a part of a unified multi-building complex, shall strive to achieve visual harmony with the surroundings. If they are built in undeveloped areas, the three primary requirements shall be met: express honest design construction, show proper design concepts, and be appropriate to the City. 42 ORD. NO. 21-04 (3) All facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function cleady and not appear as a material foreign to the rest of the building. (4) To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. (5) Look-alike buildings are not allowed unless, in the opinion of the Site Plan Review and Appearance Board or the Historic Preservation Board, there is sufficient separation to preserve the aesthetic character of the present of evolving neighborhood. This is not to be construed to prehibit duplication of floor plans and exterior treatment in a planned development where, in the opinion of the Board, the aesthetics of the development depend upon, or are enhanced by the look-alike buildings and their relationship to each other. (6) Buildings, which are of symbolic design for reasons of advertising, unless otherwise compatible with the criteria herein, will not be approved by this Board. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape and are an aesthetic asset to the building project and neighborhood. (7) Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but in an aesthetic manner. Lighting is not to be used as a form of advertising in a manner that is not compatible to the neighborhood or in a manner that draws considerably more attention to the building or grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed if, in the opinion of the Board, the overall effect will be garish or detrimental to the environment. All fixtures used in exterior lighting are to be selected for functional aesthetic value. (8) Building surfaces, walls, and roofs that are considered garish by the Board will be denied approval. (9) "Take-out" or "pick-up" windows or doorsv."~ ,--*""..._.. c: '"""~^"~"..,,~.~v..... =st=511chmc,",tc shall not be located on a building facade that faces a public right-of-way, unless they are designed in a manner as to be an aesthetic asset to the building and neighborhood. (10) All exterior forms, attached or not to buildings, shall be in conformity to, and secondary to, the building. They shall be an asset to the aesthetics of the site and to the neighborhood. (11 ) All telephones, vending machines, or any facilities dispensing merchandise, or a service on private property, shall be confined to a space built into the 43 ORD. NO. 21-04 building or buildings or enclosed in a separate structure compatible with the main building. (12) Gasoline Stations: (a) Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighborhood and the city. (b) Exterior display of goods for sale or displays designating a service will not be allowed, except that a display of goods and tools of a service may be displayed on the pump island, provided the island is not considered by the Site Plan Review and Appearance Board or Historic Preservation Board to be enlarged to take advantage of this provision, and provided the goods and tools be such that they can be used or installed at the island. For example: An oil rack is acceptable, but a tire display is not. (13) Outbuildings and Shopping Centers: (a) Rule: Outbuildings within a shopping center shall be compatible in terms of color, materials, and architectural style. (b) Procedure: The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite the incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. (b) .... ; ...... + C; .... ["; ...... ; ...... + +.C ,-..,.+~.,-;..H,, ,4 ..... ;,-.+,. ;,~ cppccrcncc 44 ORD. NO. 21-04 (c) BuildinRs within the Downtown Area: These additional criteria shall be applicable to buildin.qs located within the CBD and those areas within the GC within the West Atlantic Nei.qhborhood (WAN), OSSHAD, CBD-RC zonin.q districts. In case of conflict, the more restrictive re.qulation shall apply. All buildinqs shall comply with the followin.q requirements: (i) Roofs and Gutters: Roof eaves above pedestrian walkways must be .quttered to promote a pedestrian friendly environment. 2) Roofs and ,quEers must be built of durable materials and inteqrated into the architectural desi,qn of the buildinq. Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum hei.qht of the parapet wall shall be six feet (6') in hei.qht or sufficient hei.qht to screen all roof mounted equipment, whichever is .qraater, measured from the top of the roof deck to the top of the parapet wall. Exception to the hei.qht requirements shall be pursuant to Section 4.3.4(J). Roof mounted electrical, mechanical, air conditionin.q, and communication equipment shall be completely screened from adjacent properties and streets. A siqht line study with the followin.q information shall be submitted to Site Plan Review and Appearance Board for approval: A two-dimensional cross section, at a minimum scale of 1:100, of the site showin.q the buildincl with the equipment screenin.q in relation to the adjacent properties or public street. Graphic illustration showinq that the equipment is not visible within a 200 foot radius. The radius shall be measured from the exterior side of the screen to a point ten feet (10') above finished qrade. 5_). Prohibitions: a_) Flat asphalt shinoles. b) Plastic autters. 45 ORD. NO. 21-04 (ii) Walls: 1) Materials: There shall be a maximum of two (2) pdmary materials, excluding windows, doors, accents and trims. These materials shall be appropriate to the buildin.q style and shall be consistent on all sides of the building. The materials shall be complementary and create visual interest, such as shadow and depth, to the buildinq walls. Materials used to simulate other materials shall count as separate materials provided there is a change in texture, color, and pattern of the finish. Materials or patterns not expressly prohibited may be used if the overall effect is complementary to the overall amhitectural character and context of the adiacent properties. Metal curtain wails shall be limited to 30% of the total building exterior elevation. Small setbacks or indentations, a minimum depth of eight inches (8"), shall be incorporated into a minimum 30% of all building facades without any windows and doors. e_) Prohibitions: i) Prefabricated and pre-enqineered metal wall panels. Metal curtain wall systems with 100% qlass and metal combination. Chain link fences are prohibited except within sites containinq outdoor recreation uses or facilities such as baseball, tennis, racquetball, etc. in which case they must be appropriately screened with landscaping pursuant to Section 4.6.16. Accessory structures such as perimeter fences and walls, enclosures used for the screening of mechanical and electrical equipment, loading and service areas, and/or dumpster and recycling areas shall be consistent with the architectural treatment of the principal building. 3) Treatment of blank walls: 46 ORD. NO. 21-04 a) Where blank walls are unavoidable due to the b) requirements of a particular land use or structural needs, they shall not exceed a len.qth of fifty feet (50'), or twenty percent (20%) of the len.qth of the buildin.q facin.q the street, whichever is less. Blank wall sections of allowed lenqths shall receive one (1) or more of the followin.q special desi.qn treatments in order to increase pedestrian comfort or create visual interest: i_) Vertical trellis in front of the wall with climbin.q vines or other plant materials over at least 30% of the blank wall surface. Control and expansion joints used in a decorative pattern with varied materials or textures and spaced a maximum of ten feet (10') on center. Relief and reveal depth, if used in a pattern, shall be a minimum of three-quarter (3/4) inch and shall be a minimum of 30% percent of the blank wall surface. Small setbacks, projections, or indentations with a minimum depth of ei.qht inches (8"), or intervals of material chanqe to break up the wall's surface. iv) Additional architectural details such as oilasters. medallions, decorative panels or castin.qs, decorative accent tiles, Iouvered vents, or public art shall be inte.qrated on any exterior wall to avoid a blank wall appearance. (iii) Arcades, Porches, Trellises, Loqqias and Balconies: Materials: a) Buildin,q materials shall be compatible with the architectural treatment of the principal buildin.q. b) Exterior walls or vertical surfaces shall not exceed 85% of the lenqth of the arcade, oorch. Ioo(~ia, or balcony. Columns and oosts: a) The spacinq between columns shall have a heiqht to width or width to hei.qht ratio of 1:1, 2:1, 2:3, 3:1 or 5:1 or a proportion that will emphasize the buildin.q's vertical or 47 ORD. NO. 21-04 horizontal articulation or rhythm and incremental appearance. The maximum soacina between columns. from centerline to centerline shall be twenty-four feet (24'). Structural columns or posts shall be a minimum of twelve inches (12") in width or depth. Decorative posts or columns with or without a lateral attachment, such as railings, beams, trellis, or lattice, shall be a minimum four inches (4") in size, width, or depth. c_) Arches over columns that are part of an arcade shall have no less than twelve inches (12") in depth. (iv) Windows and Doors: 1_) Window and door shutters and decorative trims and moldings shall be sized to match the dimensions of the wall openings. The minimum transparency or .qlass surface area on the ground floor wall area of all non-residential buildings, shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (20%). Garage doors, entrances and exits with street frontage shall be designed to have a decorative appearance consistent with the overall architectural composition of the project. All public entries, excludinq emergency exits, shall be easily identifiable and integrated into the building architecture. Each freestanding principal structure shall have a minimum of one clearly defined primary public entrance feature. Prohibitions: Security bars on storefronts or display windows. b) Back lit canopies or awnings, neon or fluorescent liClhtin.q, unless incorporated into the architectural concept of the project or public artwork and approved by the Site Plan Review and Appearance Board or the Historic Preservation Board. An example of this may be a design element associated with an Art Deco project. Miscellaneous: 48 ORD. NO. 21-04 A chanqe in roof desiqn, doors and window rhythm and articulation, and buildinR materials or textures shall be required every 150 feet alon.q a buildinq's street frenta.qe. Minimum spacin.q between the same architectural composition shall be 300 feet. A maximum of four (4) base wall colors shall be used for each buildin.q, except as required for artworks as approved by the Site Plan Review and Appearance Board or Historic Preservation Board. Miscellaneous free standinq, wall or Rround mounted appurtenances such as electrical and qas meters, dumpster/recyclin.q, trash compactors, .qas tanks, air conditionin.q and communication equipment shall be enclosed or screened and inte.qrated into the buildin.q's architectural treatment. The appurtenances shall also be prohibited within the front yards. Pedestrian amenities shall be inteqrated into the overall Project desiqn. These features shall be desiqned as a focal point of a buildinq, within a public plaza, or to facilitate pedestrian movement from a more intensive land use such as a retail use to a less intensive land use such as an office use. 5) Similar architectural treatment shall be provided on all sides of the buildin.q. 6) Cross-ventilation, ener.qy efficiency, and .qreen buildin.q desi.qn shall be considered for all proiects. (vi) Parkinq qara,qes: Above qround parkinq qaraRes shall comDIv with the architectural requirements of this Section and the followinR additional requirements: Ramps shall be visually screened from streets and adiacent residential zonin.q districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. Roof top parkinq shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. Exterior liRhtinq shall utilize fixtures provided with cut-off shieldin.q in order to eliminate qlare and spilla.qe onto adiacent properties and roadways. 49 ORD. NO. 21-04 3) The openings of the garage shall be desiqned in a manner that obscures parked vehicles. Decorative architectural (c) elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the qround floor shall maintain the same vertical and horizontal articulation or rhythm and incremental appearance established on the ground floor. Due to the requirements of a particular land use or structural needs, parking garages or the .qaraqe portion of the building may request an increase from the building frontage requirements (to a maximum of 100% for all floors) or a waiver from the setback requirements of Section 4.4.9(F)('2)(c) and Section 4.4.13(F)(3) (for portions of the building above twenty- five feet) subject to compliance with the following requirements: The garage or the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color, vertical and horizontal elements, and architectural style. A minimum 50% of the .qround floor perimeter of the garage or the qaracle portion of the buildinq adiacent to street right-of-ways shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc .... This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. c_). Architectural features shall be incorporated into the facade to mitiqate the buildinq's mass and bulk and along portions of the building adjacent to street right-of- ways. (vii) In addition to the requirements of this Section, buildings within the Pineapple Grove Main Street Neighborhood shall comply with the Design Guidelines contained within the Pineapple Grove Main Street Neighborhood Plan. The Pineapple Grove Design Review Committee shall review the project for compliance with the Pineapple Grove Neighborhood Plan prior to action by the Site Plan Review and Appearance Board and the Historical Preservation Board. Exterior Space: The scale of exterior space is to be relative to its neighborhood, adjacent properties, buildings, access (roads and pedestrian routes), and its activity. Building facades enclosing a space must be harmonious. Where, 50 ORD. NO. 21-04 because of their use or age, like facades are not possible, consideration should be given to unifying the walls of the space by the application of landscaping, or man- made objects of like design, at modular spacing. The floor of a space is of primary importance. Its materials, texture, and color, contour, and shadow on it are to be considered, not only in relation to the space, but to its setting. Careful consideration shall be given to the preservation of natural vistas and to the future development of vistas which open into undeveloped areas. (D) Parking Lots and Vehicular Use Areas: Parking lots and other vehicular use areas are to be designed as an aesthetic asset to a neighborhood and to the building, group of buildings, or facility they serve. A parking lot is to be considered an outside, transitional space which is located between the access (such as roads) and the building, group of buildings, or other outside spaces, which it serves. The parking lot, because it is viewed from above as well as at eye level, should be designed accordingly. (2) Parking lots, vehicular use areas, and their parked vehicles are to be effectively screened from the public view and from adjacent property in a manner that is attractive and compatible with safety, the neighborhood, and facilities served. (3) The atmosphere within the parking lot and vehicular use area is to be park- like, rather than the harsh hardstand of paving. Trees are of primary importance in the landscape. They are not to be minimized in either height or quantity. The tree imparts, especially in a relatively flat area, a sense of three-dimensional space. It casts shadows that reduce the monotony of the expanse of paving and creates a refuge from the tropical sun. Signs designating entrances, exits, and regulations are to be of a tasteful design and subject to review by the Site Plan Review and Appearance Board or the Historic Preservation Board. The pavement is to be more than wall-to-wall asphalt. (4) It is recommended that pavement be varied in texture or color designating lanes for automobile traffic, pedestrian walks, and parking spaces. Bright- colored pavement is to be used only with restraint. In order to create a pleasant atmosphere, it is recommended that consideration be given to sculpture, fountains, gardens, pools, and benches. Design emphasis is to be given to the entrances and exits to the lot. Trash, refuse, and unaesthetic storage and mechanical equipment should be screened from the parking lot. (5) Lighting is to be designed not only from the standpoint of safety and resistance to vandalism, but for visual effect. It should avoid any annoyance to the neighbors from brightness or glare. It should not impart a prison-like atmosphere. Low lights of a modest scale can be used along with feature lighting emphasizing plants, trees, barriers, entrances, and exits. The fixtures are to be selected not only for their functional value, but for their aesthetic 51 ORD. NO. 21-04 (E) qualities. They are to be considered furniture of the parking lot visible both day and night. Criteria for Board Action: The following criteda shall be considered, by the Site Plan Review and Appearance Board or Historic Preservation Board~ in the review of plans for building permits. If the following criteda are not met, the application shall be disapproved. {a} The plan or the proposed structure is in conformity with good taste, good design, and in general, cont#butes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (b) The proposed structure, or project, is in its extedor design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. {-r,) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. (4.6.18 (B)(14)) SECTION 17. That "Appendix A - Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby modified as follows and re-alphabetized: Accent/trim. An amhitectural element such as moldings, stucco banding, tile inset, medallions, pilasters, vents and louvers, etc. that is used to emphasize or supplement the architectural composition of a building. Arcade A covered walk with mixed-uses, residential, or non-residential uses on one side and a line of arches or colonnades raised on columns or piers on the other side. For the purposes of this Code, a street is usually located adiacent to the side of the arcade which contains the line of arches or colonnades. Architectural Composition The scale, height, mass, proportion, color, form, style, detail, treatment, texture, construction material, and roof design of a proiect or building. Articulated Parapet A parapet with height variations and decorative architectural treatment. Balcony A proiecting platform on a building, sometimes supported from below, sometimes cantilevered; enclosed with a railing or balustrade. 52 ORD. NO. 21-04 Blank Walls Any wall or portion of a wall twenty (20) or more feet in len.qth that is visible to the public and is without windows, doora, wall openin.qs, or other architectural treatments. Building Frontage (a) The buildin,q fronta,qe for an interior lot is the portion of the lot abuttinq the primary street minus the required side setbacks. (b) The buildinq frontaqe for the primary street side of a corner lot is the portion of the lot abuttinq the primary street minus the required side setbacks. (c) The buildinq frontaqe for the secondary street side of a corner lot is the portion of the lot abuttin.q the secondary street minus the required front and rear setbacks. (d) Buildinq frontaqe is expressed in percentages and may vary from floor to floor. Compatible/compatibility Desi.qn which utilizes accepted site plannin.q (e.q. buildin.q placement orientation and sitin.q) and the elements of amhitectural composition within the context of the surroundin.q area. Similar adjacent land uses or square footaqe shall not necessarily constitute amhitectural compatibility. Complement/complementary Havin.q similar architectural composition. Loggia An amade that is roofed but open alon.q the front or side of a buildinq, and often on an upper level Liner Building A buildin.q, minimum twenty foot (20') in depth, taken from the buildin.q fronta.qe line to the rear of the buildinq, with a storefront or a nonresidential use alon.q the street. These buildin.qs also are used to hide the qround floor of parkin.q .qaraqes or blank buildin.q walls, restore .Raps in the streetscape between buildin.qs, or create new mixed-use spaces in small increments of development. When done in continuous sections, these buildinqs can provide continuous street fronta.qes. Typically, a liner buildinq footprint is not deeper than one row of parkin.q spaces. Live/work A space which contains a residential unit and a nonresidential use with a common entrance. The occupant of the residential unit must be the proprietor or owner of the business that occupies the nonresidential portion of the buildin.q. For buildin,qs with more than one storyI the residential unit shall be accessed from the nonresidential portion of the buildin.q by a common stair or elevator. The residential unit shall be limited to a maximum of 1,500 square feet. Metal curtain wall An extedor buildinq wall which carries no roof or floor loads and consists entirely or principally of metal, or a combination of metal and .qlass, and other surfacinq materials supported by a metal framework. Street A strip of land, owned privately or publicly, which affords leqal access to abuttin.q land and is desiqnated for vehicular traffic. "Street" includes road, 53 ORD. NO. 21-04 thorou.qhfare, parkway, avenue, boulevard, expressway, lane, throu.qhway, place, and square or however otherwise desi.qnated. Streets are further classified accordinq to the function they perform. Public Plaza A portion of land which is available to the public for respite, civic or assembly uses. Seatinq or dinin.q area for a tenant shall not be counted as part of the public plaza. Public plazas must have a minimum size of 150 square feet in area and a minimum len.qth or width of ten feet (10') may and may include impervious surfaces such as concrete, pavers, brick, or other decorative surface treatment. SECTION 18. SEVERABILITY: That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a curt of 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 '19. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. SECTION 20. CAPTIONS: The captions, section headings, and section designations used in this ordinance are intended for the convenience of users only and shall have no effect in the interpretation of the provisions of this ordinance. SECTION 2'1. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section,' "article," or any other appropriate word. SECTION 22. EFFECTIVE DATE: The provisions of this ordinance shall become effective thirty (30) days after the ordinance is adopted by the City Commission. 54 ORD. NO. 21-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading __ 55 ORD. NO. 21-04 [lTV OF DELRI:IV BEI1[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direc~ Line: 561/243-7091 DATE: TO: MEMORANDUM April 29, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution 17-04 This resolution was previously approved by the CRA and City Commission regarding the City's approval for the CRA to issue bonds. Bond Counsel and others were concerned because certain notices were previously not sent, To remedy the problem, notices were sent and this resolution is now before you for re-adoption. Attachment Cc: Diane Colonna, Director, CRA Barbara Garito, City Clerk Robert W. Federspiel, Esq. Steve Sanford, Esq. RESOLUTION NO. 17-04 A KESOLLrrION OF THE crrY COMMISSION OF TH~ CITY OF DELP,.AY BEACH, FLOP. IDA, AUTHORIZING THE DI~L1L~Y BEACH COMMUNITY KEDEVELOPMENT AGBNCY (THE "AGENCY") TO ISSUE TAX INCKEM_ENT R~DBVELOPMENT REVENUE BONDS, IN ONI~ OR MORE SERIES (TH~ "BOlXFDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MII.I.ION DOLLA1LS ($12,000,000) UPON TER.MS HEREINAFTER DESCK]]gED; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS N'~CESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEP, EAS, by Ordinance No. 46-85 (as amended and supplemented) e~acted by thc City Commission of thc City of Delray Beach, Florida (the "City Commission'') as the gov~-ning body of the City of Delray Beach, Florida (the "City"), the Delray Beach Community Redevelopment Agency was created; and W'~;REAS, the City Commission has been requested pursuant to the terms of Resolution No. 2004-02 adopted by the Boarcl of Commissioners (the "Board") of thc Dclray Beach Community Redevelopment Agency (the "Agency~') on February 12, 2004 (the "Agency Requesting Resolution'') to authorize the issuance of the Agency's Tax /nerement Redevelopment Revenue Bonds, in one or more series (the "Bonds") pursuant to Section 163.385, Florida Statutes, in the aggregate principal amount of not to excced Twelve Milllon Dollars ($12,000,000), said Bonds to be sold at private sale to a financial institution (the "Bond Purchaser") upon terms and conditions determined appropriate and acceptable to the Agency and consistent with the Bond Purchascr's commitment to purchase the Bonds (the "Commitment"); and Wm~.REAS, the City Commission deems it appropriate and in the public's interest m anthorizc and approve the issuance and sale to the Bond Purchaser of the Agency's Bonds for the purpose of funding thc development and implementation of certain redevelopment projects provided for in the Agency's Comm~mity Redevelopment Plan, as the same exists from time to time and to prepay all of the Agency's Series 1999 B Bonds (Taxable) (herein, the "1999 B Bonds"); and WHEREA$, although this re~_~o_ Mtion was adopted by the City Commission on March 1 I, 2004, it is deemed necessary, upon the advice of the City Attorney, to readopt the resolution as of the date set forth below. NOW, T1TP, REFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH s~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~..~. All of the above recitals are true and correct. S~tion 2. $~ction 3. Se~ion 4. Section 5.. The terms and provisions of the Commli~n~nt of the Bond Purchaser aw hereby approved and accepted. That pursuant to S~tion 163.385, Florida Statutes, the Agency is hereby authorized to issue and sell, on a ncgotiatcd basis to the Bond Purchaser, pursuant to the terms and provisions of the Commitment of the Bond Purchaser and resolutions of the Agency r~lecting the ta-ms of such Commitment and other prov/sions d~erned appropriate by the Agency and the Bond Purchaser, the Agency's Bonds in the aggregate principal amount of not to cxcccd Twelve Million Dollars ($12,000,000). Up to $2,000,000 of thc Bonds is authorized to be issued on a taxable basis to prepay the 1999 B Bonds. Thc Agency is hereby authorized to exec,,te in its corporate capacity, in its d/soretion, such documentation as it de~m~ necessary and appropr/ate to complete thc issuance and sale of said Bonds. The Mayor, the City Manager, thc Finance Director, the Treasurer a~a any other proper official of the City, be and ~a~h of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and ~bin~s nec~asary or proper for can'ying out the transactions contemplated by this Resolution. [Remainder of page intentionally left blank.] 2 Resolution No. 17.04 Section 5. This l~solution shall take effect {mmediately upon passage. PA$SI~D AND ADOPTED in regular session on this the 4th day of May, 2004. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By:. Mayor The foregoing resolution is hereby approved by me as to form this 4t~ day of May, 2004. By:. City Attorney R~olution No. 17-04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ (~Q.- - REGULAR MEETING OF MAY 4, 21)04 ORDINANCE NO. 27-04 (AMENDING CHAPTER ~5, "EMPLOYI~-F- POLICIES AND BENEFITS") DATE: APRIL 30, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances, Section 35.097, "Retirement Income: Basis, Amount and Payment" to clarify the optional forms of benefit. At the first reading on April 20, 2004, the Commission passed Ordinance No. 27-04. Recommend approval of Ordinance No. 27-04 on second and final reading. S:\City Clerk\agenda memo. Ord 27.04. General Empl Pension Plan.05.04.04 [ITY OF DELRflY BErI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 pEstROY, Jll. J.w'lca City DATE: TO: MEMORANDUM April 12, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 27-04 Clarifying Optional Forms of Retirement for the General Employees Pension Plan The City is revising a previous ordinance adopted recently presenting optional forms of retirement because the City's actuary, Steven Palmquist requested certain changes to clarifying the ordinance. The actuary has indicated that this present ordinance appropriately clarifies the previous ordinance on the subject. Please place the ordinance on the next available agenda. By copy to Harry Hamilton, I am requesting that he send a copy of the newly revised ordinance to the NCF&O Bargaining Unit for their information. Attachment Cc: Barbara Garito, City Clerk Harry Hamilton, Human Resources Director Joe Safford, Finance Director Sherry Muehlberg, Administrative Manager ORDINANCE NO. 27-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO REVISE THE OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVDING A VALDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (E) of section 35.097, "Optional Forms of Retirement Income", to read as follows: Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (E) Optional forms of retirement income. (1) In lieu of the amount and form of retirement income payable in the event of normal retirement, early retirement, or termination of service as specified in subparagraphs (A), (B) and (D)(1) of this section, a participant or a terminated participant may, upon written request to the Committee submitted prior to the receipt of retirement income or benefits under the plan, and subject to the approval of the Committee, elect to receive a retirement income or benefit commencing on the date specified in subparagraphs (A), (B) and (D)(1) of this section, whichever is applicable, of equivalent actuarial value payable in accordance with one of the following options: (a) Option 1. A retirement income of a modified monthly amount, payable to the participant for life, except that in the event the participant dies before receiving retirement income for a period of ten years, the same monthly benefit will be paid to the beneficiary designated by the participant for the balance of the ten-year period. (b) Option 2. &. A retirement income of a modified monthly amount payable to the participant during the joint lifetime of the participant and following 50% of the participant's modified monthly benefit shall be payable to the joint pensioner for this option shall be null and void if the designated joint pensioner dies before the participant's retirement, unless the participant designates another joint pensioner in accordance with Section 35 097(E)(2) ~' .... '~'~-': .......... ~-~ .... ~- *~-:~ ^-"~- *^ where a participant's ioint pensioner is his/her spouse, the present value of pawnents to the participant shall not be less than fifty percent (50%) of the total present value of the payments to the participant and the participant and the ioint pensioner. (c) Option 3. In lieu of the other optional forms enumerated in this section, and upon the request of a participant, retirement benefits may be paid in any form approved by the Board so long as actuarial equivalence with the benefit otherwise payable is maintained. (2) A participant, upon electing any option under this section, shall designate the joint pensioner or beneficiary to receive the benefit, if any, payable under the plan in the event of the participant's death, on a form provided by the Conunittee. The participant may revoke or change the designation of a joint pensioner or beneficiary at any time prior to the commencement of retirement income or benefits, by submitting such change in writing on a form provided by the Committee. A participant may also change the designation of a joint pensioner or beneficiary after the commencement of retirement income or benefits, subject to approval by the Committee, and in accordance with the following: (a) The participant must pay the full cost of determining the equivalent actuarial value of the benefit payable. (b) The consent of a participant's joint pensioner or beneficiary to any change in such designation shall not be required. (c) The amount of retirement income payable to the participant upon the designation of a new joint pensioner shall be actuarially redetermined, taking into account the benefits already received by the participant, and the age and sex of the former joint pensioner, the new joint pensioner and the participant. 2 ORD. 27-04 (d) Each designation of a joint pensioner or beneficiary shall be made in writing on a form provided by the Committee. (e) In the event that no designated beneficiary survives the participant, the benefits payable in the event of the participant's death subsequent to retirement shall be paid as provided in Section 35.100(A) of this subchapter. (3) Retirement income payments will be made under the option elected in accordance with the provisions of this division and will be subject to the following limitations: (a) If a participant dies prior to his retirement under the plan, or if a terminated participant dies prior to the commencement of normal retirement income, no benefit will be payable under the option to any person, but benefits will be payable as provided in subparagraph (D) of this section. (b) If a participant's designated beneficiary or joint pensioner dies before the participant's retirement under the plan, the option elected will be cancelled automatically and retirement income in the normal form and amount will be payable to the participant upon retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section, or unless a new beneficiary or joint pensioner is designated by the participant prior to retirement. (c) If both the participant and designated beneficiary die after the date the participant's retirement income commences under the plan, but before the full actuarial value of benefits under the provisions of subparagraph (E)(1)(a) or (c) has been received, the Committee may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 35.100(B). 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. 3 ORD. 27-04 the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2004. ATTEST: City Clerk First Reading Second Reading MAYOR 4 ORD. 27-04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ (~ t25 - REGULAR MEETING OF MAY 4. 2004 ORDINANCE NO. 23-04 (AMENDING CHAPTER 53. "SANITARx' DATE: APRIL 30, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 53, "Sanitary Sewers" of the City Code of Ordinances, Subsection 53.130(F), "Wholesale Sewer Rates" to provide for rates and charges for wholesale users of the City's sewerage system. At the first reading on April 13, 2004, the Commission passed Ordinance No. 23-04. Recommend approval of Ordinance No. 23-04 on second and final reading. S:\City Clerk\agenda memo. Ord 23.04. Wholesale Sewer Rates.05.04.04 Memo 1'o= City Commission From= David Harden ~,/( April 6, 2004 Wholesale Sewer Rates While reviewing our agreement with Highland Beach for conveyance and treatment of their sanitary sewage, we discovered that our City Code does not cleady establish the rate to be charged for this service. The following ordinance will correct this housekeeping error. The rate determined by this ordinance is the rate we are currently charging. It is based on the fact that Highland Beach has their own collection system which they maintain. They pump their sewage to our mutual boundary where it comes into our sewerage system and is pumped to the treatment plant via our force mains. ORDINANCE NO. 23-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53.130(F), '~VHOLESALE SEWER RATES", TO PROVIDE FOR RATES AND CHARGES FOR WHOLESALE USERS OF THE CITY'S SEWERAGE SYSTEM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined that there is a need to set the rates and charges for wholesale users of the City's sewerage system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 53, "Sanitary Sewers," Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge.", Subsection 53.130(F), "Wholesale Sewer Rates", of the Code of Ordinances of the City of Delray Beach, be amended to read as follows: (F) Wholesale Sewer Rates. (1) This Section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per one thousand (1,000) gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the City and shall provide for a separate remote thirty-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall, be, the wholesale customer's responsibility. The wholesale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the City. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the City shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. Rates and char.qes to be collected from wholesale users of the City sewera.qe system shall be the sum of the Commodity Charge and the South Central Reqional Wastewater Treatment and Disposal Board Charqe for inside City customers as stated in Sec. 53.130(D)(2). 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 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 ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading rlT,,F I)F DELRriV BErI£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: April 14, 2004 Wdter's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission David T. Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Transfer of Propertyto FDOT The attached resolution, if approved, would allow the transfer of a 2' strip of property adjacent to Atlantic Avenue (new library site) to FDOT. FDOT is requiring this for road right-of-way. Please place this item on the May 4, 2004 City Commission meeting. Please call if you have any questions. CC: Barbara Garito, City Clerk Randal Krejcarek, City Engineer BSD.06-10/91 This instrument prepared Parcel No. N/A under the direction of: Item/Segment No. N/A Laurice C. Mayes~ Esq. Section No. N/A Sketch & Legal description Managing District: 04 Prepared by: S.R. No. 806 Avirom & Associates, Inc. County: Palm Beach Document prepared by: Denise M. Alexander (3-17-04) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 RESOLUTION ON MOTION of City Comn~ssioner seconded by City Commissioner , the following Resolution was adopted: ~REAS, the State of Florida Department of Transportation proposes to construct or in%Drove State Road NO. 806, in ~alm Beach County, Florida: and WHEREAS, it is necessary that certain lands now owned by the city of Delray Beach, Florida, be acquired by the State of Florida Department of Transportation: and WHEP~EAS, said property is not needed for City purposes: and WHEP~EAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said city has in and to said lands required for transportation purposes and said request having been duly considered. NOW THER~FORB, BE IT RBSOL%~D by the Board of City Commissioners of the Ci_~of De~, Florida, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or co~m~mity interest and for public welfare and the land needed for transportation purposes is not needed for City purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of the Cit of Delra Beach, Florida, in and to said lands should be drawn and executed hy this ~oard of City Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA CITY OF DBLRAy BEAC~ I HEREBy CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the Ci_q~ of Del~, Florida, at a meeting held on the day of , 200. Print Name: Clerk, BOard of City Com~ssioners City of Delray Beach, Florida 03-BSD.05-06/93 This instz~ment prepared under the direction of: Laurice C. Mayes, Esq. Sketch & Legal description Prepared by: Avirom & Associates, Inc. Document prepared by: Denise M. Alexander (3-17-04) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. N/A Item/Segment No. N/A Section No. N/A Managing District: 04 S.R. No. 806 County: Palm Beach CITY DEED THIS DE~D, raade this . day of , 200 by the CI~"f OF DELRAy BF~CH, a municipality of the State of Florida, whose address is: grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee', include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSET~: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged,'hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Palm Beach County, Florida, viz: (See attached Exhibit "A" sketch & legal description) TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in an~ise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Print Name: Its City Clerk CITY OF DELRAY BEACH By: Print Name: Its Mayor STATE 0F FLORIDA COUNtrY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200 , by Mayor, who is personally known to me or who has produced ' as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: SKETCH &: DESCR]P'I'[ON FOR:. RIGHT-OF-WAY DEDICATION EXHIBIT LAND DESCRIPTION: THIS IS NOT A BOUNDARY SURVEY A portion of Lots 1 through 4, Block 55, MAP OF THE TOWN OF LINTON (now known os fha City of Delray Beach), according fo fha map or plat thereof os recorded in Plat Book I, Page 3 of the Public Records of Palm Beach County, Floride and lying in Section 17, Township 46 South, Range 43 East, described as follows: COMMENCE at the southwest corner of said Lot 1, Block 53; thence NOOoOO,47,,E, along fha west line of said Lot, 92.41 feet fo the POINT OF BEGINNING; thence continue along said west line, NOOoOO,47-W, 2.00 feet fo a point of curvature of a curve concave to fha southeast; thence northeDsferly along fha arc of said curve, having o radius of 25.00 feet and o central angle of 90°49'43,,, a distance of 39.63 feet to the south line of the north 20.00 feet of said Lot 1; thence SBg°Og':50-E, along said south line of the north 20.00 feet of Lots 1 through 4 of said Block 5:5, o distance of 236.92 feet fo o point of curvature of o curve concave fo fha southwest; thence southeasterly along the arc of said curve, having o radius of 25.00 feet and a central angle of 89°08,03,,. o distance of :58.89 feet to the east line of said Lot 4, Block 5:5; thence S00°01'27-E, along said east line, 1.92 feet; thence S89o58,:53,,W, along o radial line, 5.00 feet fo o point on o non-tangent curve, concave fo the southwest; thence northwesterly along the arc of said curve, having o radius of 25.00 feet and o central angle of 89°08'0:5,,. o distance of :58.89 feet; thence NBg°Og':50"W, 2:51.92 feet fo o point of curvature of o curve concave fo the southeast; thence southwesterly along fha arc of said curve, having o radius of 25.00 feet and o cenfraJ angle of 90*49'4:5", o distance of :59.6:5 feet fo the POINT OF BEGINNING. Said lands situate in the City of Delroy Beach, Palm Beach County, Florida and containing 965 square feet, more or less. NOTES: ' 1. Reproductions of this Sketch ore not valid without the signature and ,he original raised seal of o Florida licensed surveyor and mopper. 2. No Title Opinion or Abstract to the subject property has been provided. If is possible that there ore Deeds, Easements, or other instruments (recorded or unrecorded> which may affect the subject property. No search of the Public Records has been mode by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon ore assumed based on the west line of Lot 1, Block 5:5, having o bearing of NOO°OO'47"W 5. Dote shown hereon was compiled from instrument(s) of record and does not constitute o boundary survey. 6. Abbreviation Legend: C.B. = Chord Bearing;/~ = Central Angle; F.D.O.T. = Florida Deportment of Transportation; L = Arc Length; L.B. = Licensed Business; P.B. = Plot Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; R = Radius. R/W = Right-of-Way. CERTIFICATION: I HEREBY CERTIFY tho, the attached Sketch and Description of fha hereon described property is true and correct ,o fha best of my knowledge and belief os prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. .'. MICHAEL D. AVIROM, P.L.~' .............. REVISED ~'/24/04 (MMK) REVISED 313104 (MMK) Florida Registration No. :5268 AVIROM & ASSOCIATES, INC. L.B. No. :5300 t (~~~) AVIROM&ASBOCIATES, INC. JOBNO. 7:51:5-1 SURVEYING & MAPPING SCALE: NONE 80 8.W. 2ND AVENUE, SUITE 102 DATE: 10120/0:5 BOOA RATON, FLORIDA 33432 TEL. (561) 382-2584. FAX ($81) 384-7128 DRAWN BY: M.M.K. SHEET: 1 OF: 2 SKETCH & DESCRZPTZON FOR: RIGHT-OF-WAY DEDICATION EXHIBIT 'A' 8. W. 2nd AVENUE (~AR[NG BASE) P.O.B.-~ ~t,O~'47"W ~ NOO°OO'4?"E 92.41' _\[zoo = ,I ~.U,~. / S.W. CORNER~ ~ OFLOT1 LOT I I C.B.-S45°$5' $9"W LOT 1 ~. LOT 2 BLOCK 53 MAP OF THE TOWN OF LINTON (P;B, I. PG. 3, P.B.C,R.) SOUTH LINE OF THE NORTH 20' OF LOTS I THROUGH 4 ~ (EXISTING R/W LINE) - ~_ LOT :5 ' 2' R/W DEDICATION (AREA = 965 SQUARE FEET) -i 1=38o89° R-25.00' A=89°OS° 03' --~ C,B. =S44'35*29'E ~ L=38.89' \ LOT 4 R=2§.00' \ \ EAST LINE OF LOT 4 ~ S89°58,~3-W A VENUE S00°01° 27"E_/ $.W. 1.92' C.B.=N45'35' 39"E ~ bJ bJZbJ I"- O ~ j.... ~. rz~ q THIS IS NOT A ] BOUNDARY SURVEYI 53' SECTION 17, TOWNSI-EP 46 SOUTH P~4NEE 43 EAST REVISIONS [ ({~1 m~OT TO SCA~.D REVISED 2~/24/04 (MMK) AVIROM &A$8OOIATES, INC. ~B ~. 7313-I SURVEYING ~ MAPPING '~ALE: I" = 40' 60 8.W. ~ AV~UE, SUITE 102 DATE: 10/20/03 BOCA RAT~, FLO~DA 88482 TEL (eel) cea-ace4, FAX (5e~ 8e4-7125 DRAWN BY: M.M.K. SHEET: 2 OF: 2 LOCATION SKETCH TO: THRU: FROM: SUBJECT: DAV,D T..A.DE.. MA. AGE. SCOTT PAPE, SENIOR PLANNER''~ ~'''~ MEETING OF MAY 4, 2004 PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.6.15(G) REGARDING SWIMMING POOL SETBACK REQUIREMENTS. Over the last several years the City Commission has made adjustments to setbacks for buildings, screen enclosures, pools, etc. to accommodate the unique constraints of zero lot line (PRD) developments. These specific internal adjustments were approved for projects like Colony Club, Old Palm Grove, Clearbrook, and Hammock Reserve. The current swimming pool setbacks apply citywide and do not address any specific type of development such as zero lot line developments. These citywide swimming pool setbacks were previously amended in September 1992 by the City Commission to reduce the pool setback from 15' to 10' along any street in recognition that the setback was too restrictive. The City Commission also approved the reduction of the rear and side pool setback to 5' when the property is adjacent to at least 50' of open space. The current request is to reduce the side interior setback within zero lot line developments from 10' to 5'. The proposed amendment includes a provision that pools are prohibited within utility easements, unless written approval is provided by the easement holder and a hold harmless agreement is executed. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted above, the City Commission has approved numerous adjustments to this section of the Land Development Regulations. This amendment will provide the appropriate regulations to address zero lot line developments. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 19, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board unanimously voted 5-0 (Borchardt and Pike absent) to recommend to the City Commission approval of the proposed amendment to Land Development Regulations Section 4.6.15(G), based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.6.15(G), based upon positive findings with LDR Section 2.4.5(M), and set a public hearing on May 18, 2004. Attachment: Planning and Zoning Memorandum Staff Report of April 19, 2004 and Proposed Ordinance ORDINANCE NO. ~ -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.6.15(G), "YARD ENCROACHMENT," TO ALLOW POOLS TO EXTEND WITHIN FIVE FEET OF THE PROPERTY LINE FOR ZERO LOT LINE DEVELOPMENTS, EXCLUDING PERIMETER LOTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on ., and voted __ to __ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, current information and increased population require re-evaluation and adoption of updated development standards; and WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various provisions and propose amendments to resolve new or outstanding issues and comply with the Comprehensive Plan, State Statutes, and Federal Law; and WHEREAS, zero lot line developments are becoming more popular due to lack of available land for construction; and WHEREAS, zero lot line homes are typically built on lots which are smaller in size than normal single family lots and setback requirements for normal residential lots may be inappropriate for zero lot line developments and impede rather than promote quality communities; and WHEREAS, the City Commission has determined the proposed amendment will ensure that new zero lot line developments will be enhanced with the ability to provide better amenities in the community; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: SECTION 1. That Article 4.6, "Supplemental District Regulations, Subsection 4.6.15(G), "Yard Encroachment", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ltd (G) Yard Encroachment: (1) Swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10') to any property line, except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). [Amd. Ord. 41-92 9/8/92, Amd. Ord. 13-91 2/26/911 (2) When adjacent to at least 50 feet of open space, as defined in Section 4.3.4(H)(5)(c) and (d), swimming pools at grade level may extend into the rear or interior side setback area but to no closer than five feet (5'). [Amd. Ord. 41-92 9/8/92] (3) Although swimming pools may extend into side and rear setback areas, a screened or other pool enclosure shall not be permitted to encroach into such setback areas except as provided in Section 4.3.4(H)(5)(b) and (e). lAmd. Ord. 41~92 9/8/92] (4) When located in a zero lot line development, swimming pools at grade level ma,/ extend into the interior side setback but no closer than five feet (5') from the property line. A swimming pool ma,/also extend no closer than five (5') from the rear property line in a zero lot line development except along the perimeter of the development where the rear setbacks noted in Section (G)(1) shall apply, except when adiacent to at least 50' of open space as provided in subsection (G)(2). (5) Swimming pools are prohibited in dedicated easements unless written approval of the easement holder is obtained and a hold harmless agreement is executed. SECTION 2. SEVERABILITY: That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a curt of 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. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. SECTION 4. CAPTIONS: The captions, section headings, and section designations used in this ordinance are intended for the convenience of users only and shall have no effect in the interpretation of the provisions of this ordinance. SECTION 5. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 6. EFFECTIVE DATE: The provisions of this ordinance shall become effective thirty (30) days after the ordinance is adopted by the City Commission. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading Underlined language indicates proposed new language. Language crossed out indicates language proposed to be deleted. ... (ellipses) indicates language not amended which has been omitted to save space. Relocated language is shown as italicized with reference (4.4.13(A)(2)) in parentheses. MEETING DATE: AGENDA ITEM: APRIL 19, 2004 IV.F. - AMENDMENT TO LDR SECTION 4.6.15(G) TO SWIMMING POOL LOCATION AND SETBACK REQUIREMENTS. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.6.15(G) to amend the setback and location requirements for swimming pools. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Over the last several years the City Commission has made adjustments to setbacks for buildings, screen enclosures, pools, etc. to accommodate the unique constraints of zero lot line developments. These specific internal adjustments were approved for projects like Colony Club, Old Palm Grove, Clearbrook, and Hammock Reserve. The current swimming pool setbacks apply citywide and do not address any specific type of development such as zero lot line developments. These citywide swimming pool setbacks were previously amended in September 1992 by City Commission to reduce the pool setback from 15' to 10' along any street in recognition that the setback was too restrictive. The City Commission also approved the reduction of the rear and side pool setback to 5' when the property is adjacent to at least 50' of open space. The City has received a privately initiated LDR text amendment to modify the swimming pool setback requirements. The applicant has submitted the following narrative that describes the basis for the requested Land Development Regulation text amendment: 'The Delray Beach LDR's permit zero lot line developments. Lots in these developments may be only 4,800 square feet in area, as opposed to the minimum of 7,500 square feet in R-1-A zoning. A zero lot line lots must be 60 feet in width (40' interior, 60' corner). Although R-1-A lots can be 60 feet in width, their required depth of 100 feet (and minimum size of 7,500 square feet) typically makes the lot wider than 60 feet. Setback requirements for pools, however, are the same in both zoning categories. The only exception for a reduced side or rear yard setback for a pool is when it is adjacent to open space at least 50 feet in width. Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page :2 Palm Beach County recognizes the typically sma#er lot for a zero lot line home and allows side and rear setbacks of 5 feet, and as small as 3 feet when on the zero lot side. These reduced setbacks recognize the typically smaller zero lot line lot, and allow for pools more standard in size to be built.' The applicant correctly indicates that there are differences between the typical lot dimensions between standard lots within standard single family residential zoning districts and the typical zero lot line developments. The minimum lot width within the PRD (Planned Residential Development) zoning district is 40' as opposed to the 60' minimum lot width within the R-1-A (Single Family Residential) zoning district. The City's "one-size-fits-all" swimming pool setback requirements do not provide appropriate setbacks between the various zoning districts. These setbacks should be designed to provide the appropriate swimming pool setbacks based on the lot configurations. The applicant has also requested in cooperation with staff that the rear setback for pools in zero lot line development be reduced from 10' to 5'. However, there is a concern that incompatibility may be created along the perimeter when a zero lot line development abuts another development that has a 10' rear yard swimming pool setback. Consequently, the proposed LDR text amendment provides for retention of the existing 10' rear setback along the perimeter of a zero lot line development. Additional relief currently exists and is being retained for those perimeter lots that have rear lot lines that abut at least 50' of open space. The proposed text amendment stipulates that swimming pools are prohibited within dedicated easements. However, relief is provided when written approval of the easement holder is provided and a hold harmless agreement is executed. The City has approved internal adjustments for pools within existing zero lot line developments. The side pool setback was reduced to 5' for Hammock Reserve. A few of the lots were granted relief from the rear pool setback of up to 7'. The side pool setback for the Colony Club at Delray Beach (fka Winterplace PUD) was reduced from 10' to 5'. The rear setback was reduced from 10' to 5' for most lots and 3' 8" for a few lots that were adjacent to 50' of open space. Similar Swimming Pool Setback In Other Jurisdictions: The following comparison of swimming pool regulations for zero lot line developments of other jurisdictions was conducted: Government Rear Side Side Front street Palm Beach District setback District setback 15' 25' Gardens (10' maximum) West Palm Beach 5' 5' (interior) 15' Not allowed (Special zll 5' (zero side) requirements) Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page 3 Government Rear Side Side Front street , Jupiter 10.5' 10.5' (interior) 18' 28 3' (zero side) Boca Raton 10' 10' 15' 25' Palm Beach 5' I 5' (interior) I 13' I 13' County I 3'(zeroside) ~re~ LDR Section 2.4.5(M)(5) (Findincls): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: PROD President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The City's has experienced requests for internal adjustments for pool rear and side setbacks in almost every zero lot line development. The City's current pool setback requirements do not adequately address the narrower lot size parameters for zero lot line developments. The proposed setback reduction will allow the installation of a Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page 4 typical pool without having an impact on the intensity of a development or adjacent properties. The restriction on the rear setbacks for perimeter lots in a zero lot line development will ensure that compatibility with adjacent developments will be maintained. In order to provide appropriate relief from some perimeter lots, the rear setback may be reduced to 5' for those lots that have a minimum of 50' of open space. The proposed text amendment will prohibit swimming pools within easements unless approval is provided by the easement holder and a hold harmless agreement is executed. ^ positive finding can be made with respect to LDR Section 2.4.5(M)(5). By motion, recommend to the City Commission approval of the amendment to Land Development Regulation Section 4.6.15(G) regarding the spatial requirements for swimming pools as noted in Exhibit "^," based upon positive findings with respect to LDR Section 2.4.5(M). Attachments: · Exhibit "A" - Proposed Ordinance Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page 5 ORDINANCE NO. ~ -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.6.15(G), "YARD ENCROACHMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, current information and increased population require re-evaluation and adoption of updated development standards; and WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various provisions and propose amendments to resolve new or outstanding issues and comply with the Comprehensive Plan, State Statutes, and Federal Law; and WHEREAS, zero lot line developments are becoming more popular due to lack of available land for construction; and WHEREAS, zero lot line homes are typically built on lots which are smaller in size than normal single family lots and setback requirements for normal residential lots may be inappropriate for zero lot line developments and impede rather than promote quality communities; and WHEREAS, the City Commission has determined the proposed amendment will ensure that new zero lot line developments will be enhanced with the ability to provide better amenities in the community; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: SECTION 1. That Article 4.6, "Supplemental District Regulations, Subsection Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page 6 4.6.15(G), "Yard Encroachment", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Yard Encroachment: (1) Swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet (10') to any property line, except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). [Amd. Ord. 41-92 9~8~92, Amd. Ord. 13-91 2/26/91] (2) When adjacent to at least 50 feet of open space, as defined in Section 4.3.4(H)(5)(c) and (d), swimming pools at grade level may extend into the rear or interior side setback area but to no closer than five feet (5'). [Amd. Ord. 41-92 9~8~92] (3) Although swimming pools may extend into side and rear setback areas, a screened or other pool enclosure shall not be permitted to encroach into such setback areas except as provided in Section 4.3.4(H)(5)(b) and (e). [Amd. Ord. 41-92 9~8~92] (4) When located in a zero lot line development, swimminq pools at qrade level may extend into the interior side setback but no closer than five feet (5') from the property line. A swimminq pool may also extend no closer than five (5') from the rear property line in a zero lot line development except alonq the perimeter of the development where the rear setbacks noted in Section (G)(1) shall apply, except when adiacent to at least 50' of open space as provided in subsection (G)(2). (5) Swimminq pools are prohibited in dedicated easements unless written approval of the easement holder is obtained and a hold harmless aqreement is executed. SECTION 2. SEVERABILITY: That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a curt of 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. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. SECTION 4. CAPTIONS: The captions, section headings, and section designations used in this ordinance are intended for the convenience of users only and shall have no effect in the interpretation of the provisions of this ordinance. SECTION 5. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS: The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the Planning and Zoning Board Staff Report LDR Amendment to swimming pool setback and location requirements Page ? ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 6. EFFECTIVE DATE: The provisions of this ordinance shall become effective thirty (30) days after the ordinance is adopted by the City Commission. on this the PASSED AND ADOPTED in regular session on second and final reading __ day of 2004. ATTEST: MAYOR City Clerk First Reading Second Reading Underlined language indicates proposed new language. Language crossed out indicates language proposed to be deleted. ... (ellipses) indicates language not amended which has been omitted to save space. Relocated language is shown as italicized with reference (4. 4.13(A1(2) ~ in parentheses. TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO, ASSlST~"~I-'~¢~DIRECTOR MEETING OF MAY 4, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 2.2.3(B) AND 2.2.6(B) REGARDING THE COMPOSITION AND SPECIAL QUALIFICATIONS FOR THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD. This LDR amendment is being processed to ensure adequate representation by members with a discipline determined to be critical to the conduct of the Board's business. Members of various boards need to appear in front of their respective boards from time to time, as their business requires that they seek approval from these boards. It appears that there may be a conflict with board members representing their items before the board they currently serve on. If these members are unable to present or represent their items, it will be difficult to retain qualified applicants for the City's various land development boards. However, if there is a requirement for a board member to have a certain background and experience, those members appointed to meet that requirement are exempted per State Statutes and thus, the potential conflict removed. Current board members that meet these qualifications shall assume one of the five designated seats. If there are more than five members that currently meet the qualifications, then the most senior members shall assume one of the five designated seats. The specific changes are provided in the attached ordinance. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Plannin,cI and Zoning Board: The Planning and Zoning Board held a public hearing regarding this item at its meeting of a April 19, 2004. There was no public testimony regarding the amendment. After discussing the amendment, the Board voted 4-1 (Peltzie dissenting, Borchardt & Pike absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). Mr. Peltzie felt the Board make-up should include more lay persons. Given the duties of HPB and SPRAB, the balance of the Board supported the proposed amendment. Historic Preservation Board At its meeting of April 21, 2004, the HPB voted 5 to 1 (Schatz dissenting, Miller absent) to recommend approval of the LDR amendment. Ms. Schatz did not feel it was appropriate for Board members to present their items to the Board. Site Plan Review and Appearance Board: At its meeting of April 28, 2004, the SPRAB unanimously recommended approval of the amendment. However, the Board expressed concerns with the lack of lay persons. By motion, approve on first reading the ordinance amending amendment to LDR Sections 2.2.3(B)(2) and 2.2.6(B)(2), based upon positive findings with respect to LDR Section 2.4.5 (M) and set a public hearing date of May 18, 2004. ORDINANCE NO. 25-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2.2.3(B), "COMPOSITION AND SPECIAL QUALIFICATIONS" AND SUBSECTION 2.2.6(B), "COMPOSITION AND SPECIAL QUALIFICATIONS"; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City to retain qualified applicants for its various land development boards; and WHEREAS, the Commission realizes that members of its various boards need to appear in front of their respective boards from time to time as their business requires that they seek approval from these boards; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 19, 2004, and voted 4 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, Current board members that meet these qualifications shall assume one of the five designated seats. If there are more than five members that currently meet the qualifications then the most senior members shall assume one of the five designated seats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board," Subsection 2.2.3(B), "Composition", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 2.2.3 The Site Plan Review and Appearance Board (B) Composition and Special Qualifications: (1) The Site Plan Review and Appearance Board shall consist of seven regular members. -----~----~'-'-'-~ ";"=~ '-'-"; .... Each of five seats on the board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, .qeneral contractor, si,qn contractor, land planner or interior desiqner. The remaininq two seats shall be at large. The appointinq body shall endeavor to appoint as many disciplines as possible to the board. Section 2. That Section 2.2.6, "The Historic Preservation Board," Subsection 2.2.6(B), "Composition and Special Qualifications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board (B) Composition and Special Qualifications: (1) The Histodc Preservation Board shall consist of seven members. pi ........ = ...................................................... ~w~._~...,. seats on the board must be filled with either an architect, landscape architect, realtor/real estate broker, civil enqineer, general contractor, architectural historian, preservationist, land planner or interior desiqner. The appointinq body shall endeavor to appoint as many disciplines as possible to the board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading I:ITY OF DELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 City 1993 2001 DATE: April 23, 2004 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 28-04- Amending the General Employees Retirement Plan This ordinance seeks to address the matter raised in Attorney General Opinion 2004-05, wherein membership on City boards by a person deemed to be a public officer is allowed, if the position is specified in the ordinance as being required as part of the membership. this ordinance on the May 4, 2004 agenda for first reading. Attachment Cc: Barbara Garito, City Clerk Jeff Keating, Chairperson, General Employee Pension Board Joe Safford, Director of Finance Sherry Muehlberg, Administrative Assistant ORDINANCE NO. 28-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 35.105, "ADMINISTRATION BY RETIREMENT COMMi'ITEE BY AMENDING SECTION 35.105(A)(1), TO PROVIDE FOR THE NAMING OF THE POSITION OF FINANCE DIRECTOR, AS A MEMBER OF THE BOARD AND PROVIDING THAT THE FOUR OTHER MEMBERS MAY BE CITY OFFICIALS OR EMPLOYEES AND SHAIJ. BE APPOINTED BY THE CITY COMMISSION, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Attorney General in Opinion 2004-05, addresses the issue of ex officio membership on boards; and, WHEREAS, this amendment is intended to conform the City's ordinance to the Attorney General's Opinion. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Section 35.105 of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.105(A)(1) to read as follows: (A) [Retirement Committee Established] (1) The plan will be administered by the Retirement Committee 0aer(m referred to as the Committee) appc/mted by the City Commission, consisting of a Chaa'Person and four (4) additional members. One member shall be the Finance Director of the City.. Each member may, but need not, be an official or employee of the City, and each member shall be appc/mted by the City Cormmssion to serve until a successor is appointed in like manner. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in reg~l.r session on second and final reading on this day of ., 2004 ATI'EST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 28-04 Helping Shape Florida's Future· www.llw-law.com Jaclcmnvllle O~ce 9428 Baymeadow$ Road Suite 62S Jacksonville, Florida 32256 (904) 73%2020 Fax: (904) 73%3221 T~/~msee O.~ce Post Office Box 10/88 (32302) 12~ South Gadsden Sit'eel Suite ~00 Taihhanee, Florida 37D0! (850) 222-$702 Fax: (8~) 224~92~12 w~s~ Pg/~n Bt, ack Office 1700 Palm i~ach Lakes Boulevard, Suite West Palm Beach, Florida &1401 (~61) 640-087,0 Fax: (~1) 640-8202 LEWIS, LONGMAN &WALKER, PA. ATTORNEY8 AT LAW REPLY TO: TALLAHASSEE TO: Susan Ruby, City Attorney City of Delray Beach FROM: Jim Linn and Glenn Thomas DATE: April 9, 2004 RE: Pension Board Members: Dual Office Holding A recent Florida Attorney General Opinion (2004-05) addresses the issue of whether a city council member may serve on one or more of the city pension boards and whether members of one pension board may simultaneously serve on another pension board. This memo considers the application of that opinion to Dekay Beach Pension Plans. The City's plans provide for pension board membership as follows: City of Delray Beach General Employees' Retirement Plan The plan will be admlrdStered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of a Chairperson and four (4) additional members. Each member may, but need not, be an official or employee of the City, and each member shall be appointed by the City Commission to serve until a successor is appointed in like manner. Section 35.105, Delray Beach City Code. The City of Delray Beach Police and Fireflghters, Retirement Plan The general adminis~ratiun and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor; (2) Two (2) public members to be appointed by City Commission as hereinafter provided; (3) The Fire Chief or, in the event of the Fire Chiefs termination of participation in the system, a firefighter designated by the Fire Chief; Memorandum April 9, 2003 Page 2 (4) The Police Chief or, in the event of the Police Chiefs termination of participation in the system, a police officer designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected aa hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinaf[er provided. Section 33.65, Delray Beach Code Analys~s The Florida Constitution generally prohibits a person from serving on more than one state, county, or municipal office simultaneously. Specifically, Axficle II, Section 5(a), Florida Constitution states: "No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except...any officer may be a member of a...stututory body having only advisory powers." In AGO 2004-5, the Attorney General points out that underlying this provision is the concern that a conflict of interest will arise by dual office-holding when the duties of the office are inconsistent. However, the opinion concludes that when additional duties are assigned to a constitutional officer and there is no inconsistency between duties, the prohibition on dual office-holding would not preclude such an assignment. The First District Court of Appeal held that there is nothing inherently inconsistent or incompatible in service by elected or appointed city officials as representatives on the city's pension boards s o a s t o s ay t hat i t presumptively violates t he prohibition against d ual o ~ce- holding in Article II, Section 5(a). City of Orlando v. Department of ]'n~rance, 528 So. 2d 468 (Fla. 1st DCA 1988). In the past, the Attorney General h:~ stated that a board of county commissioners may by ordinance designate the members of the county commission to serve aa members of a board of adjustment when the additional duties are imposed on the commissioners by virtue of their membership on the county commission. AGO 94-66. The AG has also concluded that service by a mayor and other city council members on the board of trustees of a police and firefighter pension board did not violate the constitutional prohibition against dual office-holding where the city code required such service. AGO 94-98. According to AGO 2004-5, the express imposition of an additional or ex officio duty on a city official is the central factor in determining whether there is constitutionally prohibited dual office-holding. The city code at issue in AGO 2004-5 states that members of the board of trustees of the general employees' retirement system "shall be permitted to serve on any other board duly formed by the city." The opinion concludes that this language is insufficient to impose on members of the general employees pension board the ex officio duties of serving on another board that constitutes an office for purposes of dual office-holding. Similarly, because nothing in the code inaposes on members of the police or firefighter pension boards the duty to Memorandum April 9, 2003 Page 3 serve o n another pension board, t he simultaneous service b y such board m embers o n a not. her board would violate the prohibition on dual office-holding. However, the city code addressed in AGO 2004-05 does impose ex officio duties on a city council member to serve on the general employees pension board, where the code provides that "The board of trustees of the city general retirement system consists of: (1) One member of the city council to be appointed by the city council." Therefore, a city council member appointed by the city council may serve on the board of trustees of the general employees' retirement fund without violating the prohibition on dual office-holding. Conclusion In our opinion, the language in the General Employees' Retirement Plan is not sufficiently clear and unambiguous as to impose ex-officio duties on a specific City offic-i'~ to serve on the retirement coNnmlttoe. Therefore, the plan should be amended if the City desires that elected or appointed officials be appointed to that committee. It is our understanding that the City Finance Director is considered to be an officer of the City, and currently serves on the retirement committee. Accordingly, the plan should be amended to specify that the Finance Director is a member of the committee. The language of the Police and Firefighters' Retirement Plan i_,s in our opinion, sufficient clear as to impose ex-officio duties on the Mayor to serve as a member of that pension board without violating the prohibition against dual office-holding Please call if you have any further questions regarding this matter.